Housing Solicitors

New rules due to be implemented by ministers could undermine fundamental housing protections for asylum seekers, as efforts are made to transition thousands from hotels to the private rented sector. These sweeping changes could mean private landlords are no longer required to meet essential regulations, including electrical safety and minimum room sizes, sparking fears amongst campaigners that asylum seekers may be squeezed into insufficient spaces to alleviate the current crisis in asylum accommodation. The proposed changes, spearheaded by Home Secretary Suella Braverman and Housing Secretary Michael Gove, are expected to be put to vote as early as Wednesday. Under these revisions, landlords providing accommodation to asylum seekers in England and Wales would not be required to register with local authorities. Furthermore, landlords would be permitted to house asylum seekers for two years without obtaining a House in Multiple Occupation (HMO) licence, which is usually mandated for landlords renting to multiple households within a single property. Mary Atkinson, a campaign and network manager at the Joint Council for the Welfare of Immigrants, warned of the potential implications of these changes: “HMO licenses were established to ensure that accommodation adheres to basic safety and sanitation standards. However, much asylum accommodation already falls short of these standards, with asylum seekers often housed in cramped, windowless rooms, smaller than prison cells. The removal of HMO licenses could mean already traumatised individuals are at risk of living in conditions unfit for human habitation.” These changes are being rushed through the Commons as the Government grapples with the challenge of reducing the number of people being temporarily housed in hotels. Massive backlogs in the asylum processing system have resulted in over 50,000 asylum seekers being accommodated in hotels across the country, costing approximately £6 million a day. This temporary solution has raised concerns amongst healthcare workers and migration campaigners due to the potential for outbreaks of highly contagious diseases, such as diphtheria, resulting from overcrowded and unsanitary conditions. In response to the situation, Braverman has already proposed housing asylum seekers on redundant cruise ships, barges, and ferries. Simultaneously, Prime Minister Rishi Sunak is using a Council of Europe meeting in Iceland to lobby his European counterparts to limit the European Court of Human Rights' ability to block asylum seeker deportations. The government hopes that by removing housing regulations for private landlords, the transfer of asylum seekers from hotels can be accelerated. A government spokesperson explained: “Temporarily removing this licensing requirement will enable us to secure more suitable long-term accommodation while still fulfilling our legal duty of care.” However, this move would mean that landlords, many of whom utilise large service companies like Serco to manage their properties, will no longer be required to provide gas or electrical safety certificates before tenants move in. Landlords will also be exempted from the responsibility to demonstrate that electrical appliances and furniture are safe and usable, and they will not have to adhere to minimum space requirements for children. Polly Neate, the chief executive of Shelter, voiced her concerns, stating: “Licensing for HMOs was introduced to keep people safe. By doing away with these protections to adjust minimum space standards, the government is putting thousands of people, including children and older people, at serious risk.” Gove and Braverman face the challenge of addressing the asylum seeker accommodation crisis while managing a broader housing issue in the UK. Amidst this, they are also contending with internal pressures to allow more migrants into the UK to bolster the economy. It remains to be seen how these changes will unfold, but for now, they mark a concerning shift in housing protections for some of the most vulnerable members of society.” About the author: Isha Kantaria is a caseworker within Duncan Lewis’ expert housing team, who works under the supervision of housing director Manjinder Kaur Atwal, who has more than 13 years’ experience in property litigation law. Isha assists with a range of public and private law housing cases, including homelessness, disrepair, eviction, possession, and property ownership disputes. For advice on any housing related matter, contact Isha via email at ishak@duncanlewis.com or via telephone on 020 3114 1328.