What’s new

The pages on Shelter Legal are updated regularly to reflect changes in the law. This page lists the most recent updates to Shelter Legal with a brief description of the amendment.

Please contact publications@shelter.org.uk to receive What's New updates in a fortnightly email.

Family of workers and self-employed

Changes made 16 July 2018

Under UK law, extended family members (including unmarried partners in a durable relationship) of British nationals returning to the UK do not have a right to reside in the UK under the 'Surinder Singh' route. However, following a reference for preliminary ruling, the Fourth Chamber of the European Court of Justice, in Secretary of State for the Home Department v Banger (Citizenship of European Union - Rights of Union citizens to move and reside freely within the territory of the European Union - Judgment) [2018] EUECJ C-89/17, ruled that: 1) Article 21(1) of the Treaty on the Functioning of the European Union (TFEU) must be interpreted as requiring a Member State of which a Union citizen is a national to facilitate the provision of a residence authorisation to her/his non-EEA unmarried partner where the Union citizen, having exercised her/his right of freedom of movement to work in a second Member State, returns with her/his partner to her/his original Member State in order to reside there (ie the 'Surinder Singh' route applies to unmarried partners of British nationals returning to the UK) 2) Article 21(1) TFEU must be interpreted as meaning that a decision to refuse a residence authorisation to such a non-EEA unmarried partner of a Union citizen must be founded on an extensive examination of the applicant's personal circumstances and be justified by reasons 3) Article 3(2) of Directive 2004/38/EC (the 'Citizenship Directive') must be interpreted as meaning that such non-EEA unmarried partners of Union citizens must be able to access a redress procedure to challenge a decision to refuse a residence authorisation, in which the national court can undertake an extensive examination of the applicant's circumstances and justify the refusal. [PREVIOUS WHAT'S NEW: 2 July 2018] A non EEA national who is married to, or in a civil partnership with, an EEA national with a permanent right of residence will derive a right of residence from her/his partner’s status. Regulation 10(5), Immigration (European Economic Area) Regulations 2016 SI 2016/1052 allows her/him to retain that right of residence on divorce of dissolution of the civil partnership in certain circumstances, including where the couple have lived together for three years with at least one year resident in the UK. In Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088, the Court of Appeal decided that the relevant three year period must be before initiation of the divorce or dissolution proceedings – not before the parties separated.

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Internal review procedure

Changes made 12 July 2018

Where an applicant requests a review of a decision made under a homelessness application and the local authority considers that there has been a deficiency in the original decision but is minded to find against the applicant for a different reason, regulation 8 of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 applies and the authority must issue a 'minded to' notification offering a chance to make representations orally or in writing. In Kamara v Southwark LBC : Leach v St Albans City and District Council : Piper v South Bucks DC [2018] EWCA Civ 1616, the Court of Appeal held that although the local authority should offer a face to face meeting if requested, there is no need to specifically make such an offer in the 'minded to' notification as the possibility is implicit in the wording around oral hearing.

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Right to reside

Changes made 11 July 2018

Under regulation 16 of the Immigration (European Economic Area) Regulations 2016 SI 2016/1052, a non-EEA national has a Zambrano type 'derivative right to reside' in the UK where s/he is the primary carer of a dependant British national, and the dependant British national would be unable to remain in the EEA (including the UK) if her/his primary carer was required to leave the EEA. In Saeed v Secretary of State for the Home Department [2018] EWHC 1707 (Admin), the High Court confirmed that only 'direct relatives' can be primary carers of dependant British citizens for the purposes of regulation 16. Uncles/aunts and nephews/nieces are not included in the definition of 'direct relatives'.

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Cooperation between departments

Changes made 09 July 2018

In July 2018, the Department for Education has issued a new version of the guidance 'Working Together to Safeguard Children - A guide to inter-agency working to safeguard and promote the welfare of children' which replaces the 2015 version. Among other, the new guidance incorporates the requirements under the Children Act 2004, as amended by the Children and Social Work Act 2017, for the police, clinical commissioning groups and local authorities to make arrangements to work together, and with other partners locally, to safeguard and promote the welfare of all children in their area.

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Restrictions on use of section 21

Changes made 09 July 2018

From 9 July 2018, the guide 'How to rent: a guide for current and prospective tenants in the private rented sector in England', issued by MHCLG on 26 June 2018, has reverted to its original title, 'How to Rent: the checklist for renting in England'. A landlord who served a tenant with the June 2018 guide should re-serve a new copy of the guide to ensure compliance with the rules governing the service of a section 21 notice. [PREVIOUS WHAT'S NEW: 26 June 2018] The government updated its 'How to rent' guide on 26 June 2018. For assured shorthold tenancies granted (or renewed) on or after 1 October 2015, a private sector landlord cannot use the section 21 eviction procedure unless s/he has given the tenant a copy of the current version of this guide. The full title of the updated version has changed to 'How to rent: A guide for current and prospective tenants in the private rented sector in England'.

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A deliberate act or omission

Changes made 06 July 2018

In Oduneye v Brent LBC [2018] EWCA Civ 1595, the Court of Appeal held that the local authority had correctly decided that an applicant had made herself intentionally homeless by deliberately failing to pay her rent - the applicant had persistently failed to provide documents necessary for the processing of her housing benefit claim and had failed to meet the shortfall between housing benefit and rent.

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Persons eligible for assistance: non EEA/EU

Changes made 28 June 2018

With effect from 9 July 2018, the Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations 2018 SI 2018/730 adds a new Class H to the classes of persons subject to immigration control and eligible for assistance listed in regulations 3 and 5 of the Allocation of Housing and Homelessness (Eligibility) Regulations 2006 SI 2006/1294. Class H comprises people who are habitually resident in the Common Travel Area who have been given leave to remain in the United Kingdom under paragraph 352ZH of the Immigration Rules (this paragraph applies to people who sought asylum in other European countries as children who were resettled in the United Kingdom but refused refugee status and humanitarian protection).

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Gang related injunctions

Changes made 26 June 2018

A page has been added to Shelter Legal to give information on injunctions to prevent gang related violence and gang related drug dealing activity. These are allowed for by Part 4 of the Policing and Crime Act 2009 and can be applied for by the police and local authorities. An injunction will be granted if the police or local authority can show, on the balance of probabilities that a person has engaged in, encouraged or assisted gang related activity or drug dealing and that an injunction is necessary to prevent this in future. In Jones v Birmingham CC [2018] EWCA Civ 1189, the Court of Appeal ruled that hearings deciding whether to grant these injunctions are not criminal trials and that the application of the civil rather than the criminal standard of proof does not breach Article 6 of the European Convention on Human Rights.

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Right to reside of A8, A2 and Croatian nationals

Changes made 19 June 2018

The worker authorisation scheme applying to Croatian nationals who want to work in the UK will come to an end on 30 June 2018. From that date, Croatian nationals' rights to work in the UK will be in line with that of other EU citizens. Relevant pages of Shelter Legal will be amended to reflect the expiry of the registration requirements.

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Reasonable to continue to occupy

Changes made 19 June 2018

A link to the House of Commons library briefing paper, ‘Applying as homeless from an assured shorthold tenancy (England)’ has been added to the page. The paper, published on 4 June 2018, considers how English local authorities should deal with private tenants who have been served with a valid section 21 notice.

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