What's new on Shelter Legal
The pages on Shelter Legal are updated regularly to reflect changes in the law.
This page lists the most recent updates to Shelter Legal.
Procedure for internal reviews of homelessness decisions
26 April 2024
In Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314, the Court of Appeal found that the local authority was not required to send a ‘minded to’ letter under reg. 7(2) of the Homelessness (Review Procedure etc.) Regulations 2018/223 where the authority was unaware of a Cafcass report at the time of the original decision, but where there were no exceptional circumstances that could have meant the authority might have been unable to find that the applicant’s children could safely reside with the other parent following a relationship breakdown.
View amended articleHouse in multiple occupation (HMO) definition
26 April 2024
Section 263(1) of the Housing Act 2004 defines a person in control of an HMO as the person who either receives the rack-rent or would receive it if the premises were let at a rack-rent. Rack rent is defined as at least two-thirds of the full net yearly value of the premises. In Cottam & Ors v Lowe Management Ltd (HOUSING – RENT REPAYMENT ORDER – statutory definitions of “person managing” and “person in control of” an HMO) (2023) UKUT 306 (LC), the Upper Tribunal held that where a health service body leased its property to another company in exchange for guardianship services, it did not meet the definition of a person in control of an HMO. Therefore, the exception in para 2 Schedule 14 to the 2004 Act did not apply and the property required an HMO licence.
View amended articleDirect and indirect discrimination in housing
25 April 2024
In FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 780 (Admin), a tenant had complained about noises and smells in their flat. The tenant had paranoid schizophrenia which caused a heightened sensitivity to noise and smell. The High Court held that although the noise was considered to be within the range of normal tolerance, the tenant was at a disadvantage compared to someone without their condition. The court found the landlord had taken reasonable steps and was not in breach of a duty to make reasonable adjustments by failing to decant the tenant to another property. There was no evidence that the same issue would not be experienced in another property the tenant might be decanted to. The tenant was still able to apply for a transfer to another property.
View amended articleService family accommodation
19 April 2024
This new page covers service family accommodation for members of the armed forces. Service family accommodation (SFA) is accommodation provided to armed forces personnel who have either a spouse, civil partner or dependent children. SFA is allocated by the Defence Infrastructure Organisation (DIO), which is part of the Ministry of Defence (MoD).
View amended articleLocal authority duties on preference in housing allocation
16 April 2024
In AK, R (On the Application Of) v Westminster City Council [2024] EWHC 769 (Admin), a local authority allocations policy was found to be unlawful when it treated transfer applicants from the borough more favourably than reciprocal transfer applicants who lived outside the borough. The policy indirectly discriminated against women who needed to move area to flee violence. Although the policy was unlawful, it was not quashed as the court found that the policy could be amended to become lawful.
View amended articleHousing benefit calculation rates 2024 to 2025
12 April 2024
This page contains housing benefit calculation rates for 2024 to 2025 including applicable amounts, premiums, treatment of capital, disregards, non-dependant, fuel, and meal deductions.
View amended articleRegulation of social housing providers
10 April 2024
The Social Housing (Regulation) Act 2023 (Commencement No. 2 and Saving Provisions) Regulations 2024 bring into force key provisions from the Social Housing (Regulation) Act 2023 from 1 April 2024. The provisions include new enforcement powers for the Regulator of Social Housing. The regulator can carry out inspections and surveys, require registered providers to produce performance improvement plans and carry out emergency remedial action where required.
View amended articleCourt and tribunal fees
8 April 2024
On 6 April 2024 the £90 fee for a debt relief order application was abolished. The application can now be made free of charge. This and related pages have been updated.
View amended articleRent levels in private registered providers of social housing
8 April 2024
The Rent Standard sets out the limits on annual rent increases in social housing. The Regulator of Social Housing has published the new figures for 2024-2025, which came into force from 1 April 2024. The guidance contains adjusted tables to help providers ensure that they use the correct annual percentage to inflate their rent.
View amended articleSuccession to a tenancy
8 April 2024
In Rahimi v Westminster City Council [2024] EWCA Civ 73 the Court of Appeal held that an absent joint tenant succeeded to the tenancy on the death of the other tenant under survivorship. The tenancy then ceased to be secure. The court found there was no evidence that both tenants had consented to the end of the tenancy or the grant of a new sole tenancy. The local authority had amended internal records, including ticking a box which said ‘joint to sole’ and making a note that the absent tenant was to be removed from the rent account, but they had not updated the tenancy start date, suggesting no new tenancy had been agreed. The deceased joint tenant's grandson would have been entitled to succeed if the tenancy had been changed to a sole tenancy.
View amended article