Affordable housing monthly law update

This month sees a statement by the Charity Commission on the Ukraine crisis and how this impacts charities, and a factsheet released by the UK government on the impact the war has had on energy.

There are also some very interesting articles regarding support for domestic abuse victims to how to deal with Social Housing complaints.

Finally there is a press article on TLT’s involvement in the innovative second modular deal for Town and Country Housing and Legal and General Modular Homes.

If you have any concerns about any of the developments outlined in this update, or if you require any advice on the effect of the developments or on how to respond appropriately, please get in touch.

• Events and webinars
• Property
• Planning and environment
• Charities
• Construction
• Corporate
• Data, privacy and cyber security
• Employment
• Energy
• Health and safety
• Human rights
• Insolvency
• Procurement
• Regulatory
• Tax

Events and webinars

HR Leaders' Exchange - Working with trade unions TLT Webinars | 29 March 2022

We're delighted to launch the next session in our series of HR Leaders’ Exchange, where we tackle key strategic issues, faced by Human Resources Directors and Leaders.

The Lawyer: Smarter Working Week TLT Webinars | 24 March 2022

The Lawyer's Smarter Working Week is a hybrid event that looks at how the legal function can work more efficiently and dynamically with the wider business, and contribute to meaningful cross-industry change. 

Commercial Regulatory Investigations TLT Webinars | 10 March 2022

Funding, enforcement policy, the Pandemic and Brexit are all having an impact on the risks companies across a range of sectors face. We hosted a webinar where we looked at the latest enforcement trends, with a particular emphasis on what recent data and case authority indicates.

Property

TLT advises Town & Country Housing on second modular acquisition TLT Insights | 3 March 2022

TLT has advised existing client Town & Country Housing (TCH) on a second acquisition from Legal & General Modular Homes, comprising nine-acres for the development of 80 affordable homes in Littlestone, Kent

HMO licence required for property occupied by guardians TLT Insights | 2 March 2022

The Upper Tribunal has ruled that vacant office premises occupied by property guardians were a House in Multiple Occupation (HMO) and should have been licensed under the Housing Act 2004.

Research Briefing- Social Housing Reform in England: What Next? House of Commons Library | 25 February 2022

The Government's social housing white paper is intended to deliver transformational change for social housing residents in England. This briefing outlines the measures set out in the white paper, stakeholder reaction and the next steps.

Levelling up: What are the Government’s proposals? House of Commons Library | 18 February 2022

The briefing looks at the Government’s “levelling up” agenda, including a summary of its February 2022 levelling up white paper.

Planning and environment

Changes to permitted development rights for electronic communications infrastructure TLT insights | 16 March 2022

Last April we wrote an insight about the Government's technical consultation seeking views on proposals for changes to permitted development rights for electronic communications equipment in England. The Government received 3,243 responses and issued the outcome of the consultation on 7 March 2022, setting out the changes to permitted development rights that will be implemented.

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2022/278 Legislation.gov.uk | 15 March 2022

This Order amends Class A (electronic communications code operators) of Part 16 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015.

Government response to consultation on extending permitted development rights for Code operators Department for Levelling Up, Housing and Communities | 7 March 2022

The government has published its response to the consultation on reforms to permitted development rights to support the deployment of 5G and extend mobile coverage.

Scoping a development’s environmental impacts TLT insights | 22 February 2022

The Court of Appeal was recently asked to consider whether Environmental Impact Assessment scoping should include the indirect greenhouse gas emissions arising from an extension to a commercial oil well in the Surrey Wealds. Under the proposed scheme the extracted oil was to be transported offsite for refining and thereafter use as an end product.

Charities

Charity Commission Statement on Ukraine crisis and its implications for charities Charity Commission | 2 March 2022

The Charity Commission has issued a statement on the implications of the Ukraine crisis for charities.

Construction

Derelict and underused brownfield sites transformed into new homes Department for Levelling Up, Housing and Communities | 24 February 2022.

Funding awarded to 3 regions to regenerate brownfield sites and create 2,500 new homes.

Corporate

BEIS: Corporate transparency and register reform white paper Department for Business, Energy & Industrial Strategy | 28 February 2022

The paper sets out the government's final position on reforms to the Companies House framework ahead of introducing legislation.

Data, privacy and cyber security

Online Safety Bill has been be introduced in Parliament Department for Digital, Culture, Media & Sport | 17 March 2022

Internet users are one step closer to a safer online environment as the government’s new world-leading online safety laws are brought before parliament.

Government publishes response to digital identity and attributes consultation Cabinet Office | 10 March 2022

Drawing on the responses, the government has set out legislative measures they will seek to introduce when parliamentary time allows.

Employment

Regulations retract statutory requirement for mandatory vaccination for health and social care workers in England Legislation.gov.uk | 15 March 2022

On 15 March 2022, the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No 3) Regulations 2022 (SI 2022/206) came into force. These repeal the statutory requirements for mandatory vaccination for workers in the health and social care sector in England.

National Minimum Wage set to increase in April 2022 Legislation.gov.uk | 11 March 2022

The government has agreed the Low Pay Commission's proposed increases to the national living wage and national minimum wage rates to apply from 1 April 2022.

Where are we with the Pensions Regulator’s new “single code”? TLT Insights | 3 March 2022

At the end of January, the Pensions Regulator confirmed that it expects its new “single code of practice” to be laid before Parliament this summer

Agency workers and internal vacancies TLT Insights | 2 March 2022

The Court of Appeal has agreed with a previous EAT decision and confirmed that the Agency Worker Regulations 2010 should be interpreted narrowly: they only provide a right for agency workers to be informed of vacancies.

Increase of limits on employment tribunal awards  Legislation.gov.uk | 25 February 2022

Annual increases to limits applying to certain employment tribunal awards have been announced.  The new rates apply to dismissals which take place on or after 6 April 2022

Energy

‘Insufficient’ funding assigned to improve energy efficiency of social housing states Climate Change Committee Climate Change Committee | 9 March 2022

The Climate Change Committee made the comments in a report assessing the government’s Heat and Building Strategy, which it found to be “not yet comprehensive or complete”.

£288 million fund available for green heating projects Department for Business, Energy & Industrial Strategy | 4 March 2022

Heat network projects in England can bid for funding as government’s £288 million green energy scheme opens

Russia-Ukraine and UK energy: factsheet Department for Business, Energy & Industrial Strategy | 25 February 2022

Factsheet on Russia-Ukraine and UK energy supply.

Households to save £200 on bills through investment in energy efficiency Department for Business, Energy & Industrial Strategy | 21 February 2022

Up to 4,300 low-income houses will receive energy efficiency upgrades estimated to save customers up to £200 a year.

Health and safety

Building safety leaseholder protections factsheet Department for Levelling Up, Housing & Communities | 23 March 2022

The factsheet explains who the new legal leaseholder protections for historic building safety defects apply to and what the impact will be when the Building Safety Bill becomes law

Government guidance as a leaseholder or resident of a building in the Building Safety Fund (BSF) process Department for Levelling Up, Housing and Communities | 11 March 2022

Information to support leaseholders or residents of a building which has applied to the Building Safety Fund

Reminder about new smoke and carbon monoxide alarm requirements Department for Levelling Up, Housing and Communities | 9 March 2022

The Parliamentary Under-Secretary for Rough Sleeping and Housing, Eddie Hughes, has now written to all social landlords to urge landlords to begin installation work if they have not done already to install alarms

Government must ensure leaseholders and social housing tenants do not foot the bill for safety works, says Levelling-Up Committee Levelling Up, Housing and Communities (LUHC) Committee | 11 March 2022

Many leaseholders will not benefit from Government’s “piecemeal measures” to protect leaseholders from the costs of building safety remediation, says the cross-party Levelling Up, Housing and Communities (LUHC) Committee in a report published.

Government to protect leaseholders with new laws to make industry pay for building safety Department for Levelling Up, Housing and Communities | 14 February 2022

New measures that will force developers and product manufacturers to pay to remove cladding and protect leaseholders from extortionate costs

Human rights

‘Homes for Ukraine’ scheme launched by the Government Department for Levelling Up, Housing and Communities | 14 March 2022

The Homes for Ukraine scheme will allow individuals, charities, community groups and businesses in the UK to bring Ukrainians to safety – including those with no family ties to the UK.

Supreme Court case: termination of a flexible tenancy agreement (Croydon London Borough Council v Kalonga) Supreme Court | 9 March 2022

The Supreme Court has issued its judgment in Croydon London Borough Council v Kalonga, which considers whether a landlord can terminate a flexible tenancy agreement prior to the expiry of the fixed term if the tenancy agreement does not expressly provide for re-entry or forfeiture.

Housing Ombudsman launches new three-year plan  Housing Ombudsman | 3 March 2022

The Housing Ombudsman published a three-year corporate plan for 2022-25 setting out its response to an increase in demand for its service and how it will work across the sector to promote fairness through its investigations, strengthen local complaint handling and encourage learning to improve services.

Rough sleeping snapshot in England: autumn 2021 Department for Levelling Up, Housing and Communities | 25 February 2022

The annual rough sleeping statistics, show that rates have fallen for a fourth year in a row with a 9% reduction in rough sleeping compared to last year. Numbers have fallen in every English region.

Temporary adjustments to right to rent checks will end on 30 September 2022 Home Office | 22 February 2022

The temporary adjustments to right to rent checks have been extended and will now end on 30 September 2022.

Social Housing complaints  Department for Levelling Up, Housing and Communities | 21 February 2022

Since 21 February 2022 the government have been running a second campaign to raise awareness of the social housing complaint making process.

Government announces support for domestic abuse victims Department for Levelling Up, Housing and Communities | 15 February 2022

£125 million will be given to councils across England to make sure safe accommodation spaces, can provide victims with vital support services

Consultation on local connection requirements for social housing for victims of domestic abuse Department for Levelling Up, Housing and Communities | 15 February 2022

Consultation on regulations to prevent local authorities applying a local connection to victims of domestic abuse who apply for social housing.

Insolvency

Economic Crime (Transparency and Enforcement) Act 2022 Legislation.gov.uk | 15 March 2022

On 15 March 2022, the government’s Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent. The Act includes a range of measures that are designed to disrupt the flow of laundered money into the UK, including introducing registration requirements for the foreign ownership of UK property.

Commercial Rent (Coronavirus) Act 2022  Department for Levelling Up, Housing and Communities | 24 March 2022

Commercial Rent (Coronavirus) Act 2022 received Royal Assent on the 24^th March providing a legally binding arbitration process to resolve certain outstanding commercial rent debts related to the pandemic. Also, on the same day the general moratorium on commercial evictions ended.

Procurement

NEC publishes guidance on early contractor involvement NEC | 18 February 2022

NEC has released a practice note which considers the issues that need to be considered at the procurement stage and gives advice on how to establish the most advantageous offer.

Regulatory

CMA intensifies regulatory focus on green issues with launch of Sustainability Taskforce TLT Insights | 16 March 2022

On 14 March 2022 the CMA published its advice to the government on how the UK’s consumer and competition regime could work better to help the government achieve its Net Zero target by 2050.

Tax

The council tax rebate 2022-23 – billing authority guidance Department for Levelling Up, Housing and Communities | 23 February 2022

Guidance to billing authorities on administering the council tax rebate to support households with the rising cost of living.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at March 2022. Specific advice should be sought for specific cases. For more information see our terms & conditions.