UK Government backs down on draft regulations exempting asylum-seeker accommodation from HMO licensing requirements

Zena Lynch, CIEH Housing Advisory Panel member and Associate Professor (Hon), reflects on her experience of providing witness evidence in the successful CIEH-backed legal challenge to these draft regulations.

After many long nights spent drafting witness statements and searching out supporting evidence for the expected judicial review, I was delighted that in the afternoon of 6 February, in the last working hour before the hearing was due to start, the Court was informed that the UK Government had decided to withdraw its draft regulations exempting asylum-seeker accommodation from houses in multiple occupancy (HMO) licensing requirements.

These draft regulations would have removed protections that currently govern HMOs, where those were occupied principally or solely by asylum seekers and their families, by exempting them from the HMO licensing regime in Part 2 of the Housing Act 2004.

The case of the claimants, a group of asylum seekers, was that the Secretary of State for Levelling Up, Housing and Communities had no power to make the draft regulations because, amongst other reasons, the regulations frustrated the purpose of the licensing scheme in the Housing Act 2004 and were irrational and unlawfully discriminatory.

I provided key witness evidence around issues arising from the draft regulations including the creation of unclear routes of accountability, the ethics of a two-tier system, the additionality local EHP knowledge and expertise brings, the link to inspections for breaches under Part 1 of the Housing Act 2004, the need for local factors to be taken into account when assessing risks, the protections needed for non-cohesive groups and the potential risk of incentivising unscrupulous landlords.

This work was carried out with the backing of the CIEH Housing Advisory Panel, who felt strongly that there were important issues with the draft regulations which needed to be addressed.

Backing a direct legal challenge to the Government is an unusual step for CIEH, but this was an important opportunity for the organisation to reflect the concerns of its members, especially as environmental health teams are central to HMO licensing regimes.

The legal challenge has highlighted important principles relating to fairness and equality in housing protections. I have been delighted to play a part in this and in bringing about the withdrawal of the draft regulations, which is a great outcome.

I was happy to volunteer my time as a witness and have learned a lot from my involvement. I believe the outcome shows the power of the voluntary work CIEH members undertake.

The case has also helped raise the profile of CIEH through national media coverage (see below).

I would like to say a particular thank you to another CIEH Housing Advisory Panel member, Ian Sanders, and CIEH Senior Policy and Public Affairs Executive, Mark Hope, for their support, help, advice and input, which helped to strengthen the evidence.

In the light of this success, I wonder if there is a case for more direct action of this type in the future.

See the CIEH press release

Media coverage

The Guardian: Home Office drops plan to remove housing protections from asylum seekers

The Independent: Plan to remove asylum seeker housing licensing requirements scrapped, court told

London Evening Standard: Plan to remove asylum seeker housing licensing requirements scrapped, court told

Scottish Housing News: England: Last minute U-turn on HMO requirements for asylum seekers