http://england.shelter.org.uk/legal/home/whats_newRecent changes to housing legislationThe Financial Services Authority has published a review of sale and rent back firms which concluded that most SRB sales were unaffordable or inappropriate. The sale and rent back market is now effectively closed and no homeowner should be offered a sale and rent back product until further notice.07 February 2012http://england.shelter.org.uk/legal/home_ownership/mortgage_arrears_payment_problems/sale_and_rent_back_schemesA link has been added (under 'Essential links') to the NRPF Network's updated practice guidance for local authorities on assessing and supporting children & families and former looked after children with no recourse to public funds for support under the Children Act 1989. The guidance has been endorsed by the LGA.03 February 2012http://england.shelter.org.uk/legal/housing_options/asylum_seekers_and_refugees/community_care_help/help_for_unaccompanied_minorsFollowing the Supreme Court's decision in Secretary of State for Work and Pensions v Payne and another [2011] UKSC 60, and further to various HB/CTB Bulletins already issued on the issue of recovery by deduction of social fund loans and benefit overpayments from claimants subject to a debt relief order or bankruptcy, the DWP has now issued Urgent Bulletin HB/CTB U1/2012 advising that deductions already taken from such claimants should now be refunded or set against outstanding housing benefit overpayments.02 February 2012http://england.shelter.org.uk/legal/rents_and_housing_benefit/housing_benefit/overpayments_of_housing_benefitThe Dispute Service Ltd and the Residents Landlord Association (RLA) have launched DepositGuard, a new insurance-based tenancy deposit scheme for RLA members only.02 February 2012http://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/deposits/scheme_administratorsNew page added. On 15 January 2012 section 150 of the Localism Act 2012 came into force which requires that all local housing authorities in England must publish a tenancy strategy within one year.01 February 2012http://england.shelter.org.uk/legal/housing_options/regulation_of_social_housing_providers/tenancy_strategiesLand Registry Practice Guides 4 and 5 have been added to this page.30 January 2012http://england.shelter.org.uk/legal/security_of_tenure/squatters/adverse_possessionInformation about Assisted voluntary sale (AVS) has been added to this page. AVS is an option some lenders offer to assist homeowners in financial difficulty to exit from homeownership and plan for a move into alternative accommodation.19 January 2012http://england.shelter.org.uk/legal/home_ownership/mortgage_arrears_payment_problems/voluntary_saleIn Francis v Southwark LBC [2011] EWCA Civ 1418 the Court of Appeal held that a secure tenant had no entitlement to damages if a landlord failed to comply with its duties under the Right to Buy procedure.18 January 2012http://england.shelter.org.uk/legal/home_ownership/buying_la_and_prpsh_housing/secure_tenants2/the_right_to_buy_procedureIn Secretary of State for Work and Pensions v Mohammad [2011] EWCA Civ 1358, the Court of Appeal held that a person who was responsible for mortgage interest payments pursuant to an order made in ancillary relief proceedings was not entitled to income support to cover those payments because she had not 'taken out a loan' within the meaning of paragraph 15 of schedule 3 to the Income Support (General) Regulations 1987.13 January 2012http://england.shelter.org.uk/legal/home_ownership/mortgage_arrears_payment_problems/support_for_mortgage_interestIn Bubb v Wandsworth LBC [2011] EWCA Civ 1285, the Court of Appeal held that when considering an appeal under s. 204 of the Housing Act 1996, the exercise carried out by the county court was substantially the same as that of the High Court in a judicial review application and it was not for the judge to make his own findings of fact.10 January 2012http://england.shelter.org.uk/legal/homelessness_applications/challenging_la_decisions/county_court_appeals/when_can_an_appeal_be_usedIn R (on the application of SA (a child by her litigation friend SH)) v Kent CC and Secretary of State for Education (Intervener) [2011] EWCA Civ 1303, the Court of Appeal confirmed that a child placed by a local authority with her grandmother pursuant to s. 23(2) of the Children Act 1989 was a looked-after child.10 January 2012http://england.shelter.org.uk/legal/housing_options/young_people_and_care_leavers/children_act_1989Pages with rates used to calculate housing benefit in 2012/13 have been added to Shelter Legal. HB/CTB Circular A1/2012 provides detailed guidance on the 2012 uprating.09 January 2012http://england.shelter.org.uk/legal/rents_and_housing_benefit/housing_benefit/benefit_rates/benefit_rates_201112On 1 January 2012, the age threshold for the shared accommodation rate increased from 25 to 35. In addition, for those aged 25 or over only, two additional categories of exemptions came into effect: (1) homeless people who had spent at least three months in a hostel and have accepted resettlement support (2) ex-offenders who pose a risk of serious harm to the public and are subject to Multi Agency Public Protection Arrangements. In HB/CTB Circular A12/2011 (Revised) the DWP provides guidance on how the two new categories of exemptions and the transitional protection for existing claimants will operate. In HB/CTB Circular A14/2011 additional guidance is provided on the two new categories of exemption.29 December 2011http://england.shelter.org.uk/legal/rents_and_housing_benefit/local_housing_allowance/how_lha_is_calculatedThe DWP has issued DMG Memo 38/11 which includes tables that set out pension age according to date of birth and gender for those affected by the changes in the Pension Act 2011.23 December 2011http://england.shelter.org.uk/legal/rents_and_housing_benefit/housing_benefit/how_housing_benefit_is_awarded/date_from_which_benefit_is_awardedThe DCLG has produced a map of local outreach teams across England, with contact details, who can be contacted by a member of the public if they see someone they believe is sleeping rough.20 December 2011http://england.shelter.org.uk/legal/housing_options/emergency_accommodation/sleeping_out(1) Following the Court of Appeal decision Secretary of State for Work & Pensions [2011] EWCA Civ 1403 the DWP has issued guidance in Memo DMG 34/11. This sets out that an EEA national who claims income support, employment support allowance (income-related) or state pension credit s/he should be treated as being registered as a jobseeker where s/he has declared on the claim form, or otherwise in the course of making a claim, that s/he is looking for work. (2) In Memo DMG 35/11 the DWP has advised benefit decision makers to stay making a decision in ‘lookalike cases’ pending the outcome of its appeal to the Court of Appeal against the Upper Tribunal decision in Secretary of State for Work and Pensions v RR (IS) [2011] UKUT 451 (AAC) - to date unreported- which decided an EU national who was not a worker had a right to reside as her dependent child was a UK citizen (following the ECJ judgment in Ruiz Zambrano (European Citizenship) [2011])19 December 2011http://england.shelter.org.uk/legal/homelessness_applications/eligibility_eeaeu_nationals/persons_eligible_for_assistance/workersThe Supreme Court in Berrisford v Mexfield Housing Co-operative Ltd [2011] UKSC 52 held that a tenant of a fully mutual housing association was to be treated as having a tenancy for a term of 90 years where the tenancy agreement only allowed the landlord to end the tenancy if the tenant failed to meet specified conditions, eg the failure to pay the rent. In such circumstances the tenancy could only be ended by the landlord by serving notice following a breach of the agreement.12 December 2011http://england.shelter.org.uk/legal/housing_options/housing_co-operatives/rights_of_housing_co-operative_occupiersIn Church Commissioners for England v (1) Koyale Enterprises (2) Thaleshwar [2011], the Central London County Court held that a default judgment for unpaid service charges is a final determination for the purposes of section 81 of the Housing Act 1996 (ie landlord's right of re-entry or forfeiture for failure by the tenant to pay service charges).05 December 2011http://england.shelter.org.uk/legal/home_ownership/service_charges/the_landlords_demandIn Moneke and others (EEA - OFMs) Nigeria [2011] 341 (IAC) and Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC), the Upper Tribunal confirmed various aspects relating to the right to reside of extended family members of EEA nationals.01 December 2011http://england.shelter.org.uk/legal/homelessness_applications/eligibility_eeaeu_nationals/persons_eligible_for_assistance/family_of_workers_and_self-employedWith effect from 30 December 2011, the Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2011 extend the Worker Authorisation Scheme for Bulgarian and Romanian nationals to 31 December 2013.29 November 2011http://england.shelter.org.uk/legal/homelessness_applications/eligibility_eeaeu_nationals/a8_and_a2_nationals/a2_nationalsThe DWP has issued HB/CTB Circular S10/2011 giving details of each local authority’s Government contribution and overall expenditure limit for DHPs for 2012/13.22 November 2011http://england.shelter.org.uk/legal/rents_and_housing_benefit/housing_benefit/discretionary_housing_paymentsIn R (on the application of Konodyba) v Kensington and Chelsea LBC [2011] EWHC 2653 (Admin), the High Court discharged an interim injunction requiring a local authority to provide temporary accommodation pending an appeal on the grounds of material non-disclosure by the applicant and her legal representative.16 November 2011http://england.shelter.org.uk/legal/homelessness_applications/challenging_la_decisions/accommodation_during_challengeIn Jones v Kernott [2011] UKSC 53, the Supreme Court provided guidance as to the correct approach to be followed when calculating the beneficial interests of joint owners of a property in the absence of an express declaration.10 November 2011http://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_joint_owners/rights_to_occupy_the_home/establishing_each_joint_owners_interest