CIEH backs legal challenge to HMO exemption for asylum seekers
The Chartered Institute of Environmental Health (CIEH) has joined a legal challenge to the UK Government's draft regulations that would exempt accommodation for asylum seekers from houses in multiple occupation (HMO) licensing requirements.
The CIEH is the professional body for environmental health practitioners in the UK.
The legal claim is being pursued by lawyers who were involved in the successful challenge to the Government's Rwanda policy, which aimed to deport asylum seekers to Rwanda for processing.
Zena Lynch, a member of the CIEH Housing Advisory Panel, has provided a witness statement on behalf of CIEH for the judicial review of the draft regulations.
Lowering of housing standards for asylum seekers
CIEH members are concerned that these draft regulations could lead to a lowering of housing standards for asylum seekers, who are already vulnerable and often face discrimination and hostility.
They argue that the regulations risk creating a two-tier system when enforcing HMO standards – HMOs are properties shared by three or more people who are not from the same household.
They also fear that the move will encourage criminal landlords to offer asylum seeker accommodation by removing the need for a licence and the associated fees and inspections.
This could result in the displacement of existing tenants and the deterioration of the quality and safety of the housing stock.
'Draft regulations risk creating a two-tier system'
Louise Hosking, CIEH's executive director of environmental health, said: "These draft regulations risk creating a two-tier system for enforcement of standards in HMOs.
"They could also incentivise unscrupulous landlords to move into the supply of asylum-seeker accommodation.
"We have a unique perspective on the issue as the body representing the people responsible for HMO licensing enforcement."
She added: "This is an important opportunity for us to make our voice heard."
Remove a landlord's obligation to get a licence for their HMO
The move follows the publication of the proposed law in the summer which would see a landlord's obligation to get an HMO licence that is being used to house asylum seekers being removed.
Some critics say the need for a licence being removed is to make it quicker and easier and faster to offer asylum accommodation without waiting for the council to inspect it.
Safer Renting, a project that helps councils and tenants tackle criminal landlords, said the move could see asylum seekers being housed somewhere 'that isn't fit for human habitation', while the Joint Council for the Welfare of Immigrants said the move is 'extremely concerning’.
HMO licensing was brought in to keep people safe
Polly Neate, the chief executive of Shelter, said that licensing was to keep tenants safe but removing rules means that thousands could ‘be put at serious risk’.
The chief executive of safeagent, Isobel Thomson, says she fears that removing HMO licenses will see rogue landlords evict their current renters to house asylum seekers in poor quality accommodation.
A Home Office spokesperson said: "Asylum seekers who would otherwise be destitute are provided with free, furnished accommodation.
"Recent legislation on HMOs does not remove minimum accommodation standards. It exempts accommodation providers from needing a licence for an HMO in line with existing exemptions for registered providers of social housing.
"All accommodation providers will have to continue to meet or exceed the 'decent homes standard', including meeting all statutory and regulatory requirements relating to room sizes, facilities and fire safety."
‘Hardworking landlord with an HMO’
Simon Thompson, the managing director of Accommodation for Students, said: "Every decent, hardworking landlord with an HMO will be taken aback at the government's proposal.
"If the removal of rules is good for one type of tenant, then why not remove the rules for everyone?
"It doesn't make sense because there will be criminal landlords who won't care about putting their renters at risk."
He added: "The whole idea is nonsense - HMO landlords work hard at maintaining safe homes for tenants and that should extend to asylum seekers as well."
