England: Legal challenge to plans to exempt asylum seeker accommodation from HMO requirements

England: Legal challenge to plans to exempt asylum seeker accommodation from HMO requirements

A legal challenge has been brought forward into the UK Government’s draft regulations exempting accommodation for asylum seekers from houses in multiple occupation (HMO) licensing requirements amid concerns it could lead to a lowering of housing standards.

The claim is being pursued by lawyers who were involved in the recent successful challenge to the Government’s Rwanda policy.

Backing the legal challenge is the Chartered Institute of Environmental Health (CIEH). Zena Lynch, a member of the CIEH Housing Advisory Panel who is also an Honorary Associate Professor in the Department of Environmental Health and Risk Management at the University of Birmingham, has provided a witness statement on behalf of CIEH for a judicial review of the draft regulations.

Louise Hosking, executive director of environmental health at the Chartered Institute 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.

“This is an important opportunity for us to make our voice heard.”

The Houses in Multiple Occupancy (Asylum-Seeker Accommodation) (England) Regulations 2023 are applicable only in England.

The case is listed for a hearing on 7-8 February 2024.

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