HLPA contributes to the development of housing and legal policy by responding to consultation documents and proposed legislation. The most recent 10 responses are listed here in reverse order. For the full archive of consultation responses see here.
The DCLG are consulting on a new draft Code of Guidance to Local Authorities on Allocation Policies.
The consultation can be found here.
The closing date is 30 March 2012.
HLPA will be making a response. Any views from members are welcome.
Nearly Legal has a comment on the draft Code here.
The DCLG Consultation on ‘A new mandatory power of possession for Anti-Social Behaviour’, including the new proposals to remove the locality condition added immediately after the riots, closes on 7 November 2011.
David Watkinson is preparing HLPA’s response, He has produced a summary to assist members in their own submissions. The summary also contains requests for further information from members. The summary can be downloaded here.
Please send any responses to the requests for information included in the summary to David Watkinson, davidw@gclaw.co.uk by 4/11/2011 or latest 7/11/2011.
HLPA has responded to the DCLG consultation “Implementing social housing reform:directions to the Social Housing Regulator”
The consultation concerned the Social Housing Regulator, replacing the TSA, and the directions that should be given to Local Authorities and Social Housing providers, including guidance on the minimum length of the proposed new ‘flexible tenancies’.
HLPA’s response can be downloaded here.
As previously noted, the MOJ released a Consultation Paper entitled ‘Options for dealing with squatting’. The purpose of the consultation is to gather more information about the extent of problems caused by squatters, and to invite views on whether existing criminal and civil mechanisms need to be strengthened to deal with them.
We would really welcome input from HLPA members in relation to this. David Watkinson has prepared a summary of the proposals, with requests for further information. This can be downloaded here.
Summary and request for information
If there is an area of the consultation you feel particularly strongly about/have experience with but do not wish to provide a full response yourself, please forward these responses to David Watkinson at davidw@gclaw.co.uk, who is preparing a full response on behalf of HLPA. Please provide these responses by Friday 30th September 2011 so David has time to incorporate your ideas into the response.
The more responses to this paper the better. To make a response easier, HLPA junior have prepared a template which you can add to/amend which can be downloaded here:
Template response
Alternatively just insert your details and send to – squatting.consultation@justice.gsi.gov.uk.
For those of you, who are preparing your own response, please ensure that your responses are sent in by 5th October 2011 (no cut off time has been given by MoJ so to be on the safe side try and get responses in on 4th ).
The Department of Communities and Local Government has issued a consultation on amending grounds of possession for anti-social behaviour.
The original proposal was for a new mandatory ground of possession for those convicted of a second housing related offence, or breaching an ASBO or ASBI. Following the riots, the consultation was rapidly amended to include a proposal to remove the ‘locality’ condition in Ground 2 Housing Act 1985/Ground 14 Housing Act 1988 for certain ‘riot related’ offences.
The revised consultation can be found here. Closing date is 7 November 2011
HLPA will be preparing a response.
The Ministry of Justice is consulting on ‘options for dealing with squatters’. Proposals include the criminalisation of squatting in a building.
The consultation can be found here. The closing date is 5 October 2011.
HLPA is preparing a response. Suggestions can be made to David Watkinson at davidw@gclaw.co.uk
On 13 July, the Ministry of Justice published the draft “Community Legal Service (Funding) (Amendment No.2) Order 2011. The Law Society and Bar Council have been invited to respond by 10 August. HLPA has the opportunity to feed into this process. This order is intended to implement the 10% fee cut in legal aid rates, codify barristers’ fees and reduce them by 10%, and set experts’ fees at a very low level.
Robert Latham has prepared a paper outlining the current proposals, here.
The draft order is here.
The MoJ letter setting out the basis of the consultation is here.
Members please send any views or responses to Robert at r.latham@doughtystreet.co.uk , as soon as possible.
HLPA’s response to the MoJ consultation paper on reform of the County Courts has been submitted and can be read here [link to .doc file].
In response to threatened Judicial Review proceedings by Pierce Glynn, the DCLG agreed to a consultation on tenant’s liability for district (or block) heating charges levied by a local authority. Such charges are not challengeable as a service charge under s.18-25 Landlord and Tenant Act 1985 by reason of s.26. Further, Housing Act 1985 s.105 provided for regulations to be made to require such service charges to be calculated and levied reasonably. No such regulations have been made. Tenants of a local authority therefore have no way to challenge the reasonableness of the charge for district heating levied, or its manner of calculation. As the charge is levied as rent, possession proceedings can be and are brought on arrears of the charge, which is not covered by housing benefit.
The DCLG were unsure about the need to address the problem as it was not considered to be a widespread issue.
HLPA’s response to the DCLG consultation can be read here [pdf], illustrating the extent of the problem and proposed solutions.
For the full archive of consultation responses see here.