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.
Rent 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 articleCourt orders to remove the perpetrator and prevent abuse
8 April 2024
The Domestic Abuse Protection Orders (County Court: Relevant Proceedings) Regulations 2024 SI 2024/253 come into force on 8 April 2024. Under regulation 2 of these Regulations, a domestic abuse protection order can be made in the County Court in the course of possession proceedings. The court must have evidence of domestic abuse and both the perpetrator and the victim must be parties to the proceedings. Domestic abuse protection orders have been introduced by the Domestic Abuse Act 2021.
View amended articleComplaints against social housing providers
2 April 2024
From 1 April 2024, the Housing Ombudsman's complaint handling code is a statutory requirement for social landlords. The code introduces timescales for acknowledging and dealing with complaints, as well as a requirement for a 2-stage complaints process. The Social Housing (Regulation) Act 2023 requires the Housing Ombudsman to monitor social landlords' compliance with the code.
View amended articleMarried and civil partner joint tenant court orders
19 March 2024
In Tousi v Gaydukova [2024] EWCA Civ 203, the Court of Appeal ruled that the parties to a legally void marriage could be treated as a cohabiting couple for the purpose of transferring a joint tenancy under section 53 of the Family Law Act 1996. A void marriage has no effect on the couple’s status and therefore, in this case, the parties to the ceremony were within the scope of para 3 of Schedule 7 to the 1996 Act.
View amended articleEviction from land not owned by Travellers
15 March 2024
In Wolverhampton CC v London Gypsies and Travellers [2023] UKSC 47, the Supreme Court considered the issue of local authorities obtaining injunctions against unknown and unidentifiable persons, referred to as ‘newcomers’, in order to prevent setting up unauthorised encampments. The Supreme Court held that an injunction against newcomers would be justified if the local authority could show that it was the only measure capable of protecting civil rights or enforcing public law.
View amended articleHousing rights of people displaced by the war in Ukraine
15 March 2024
The Ukraine Family Scheme closed for new applications on 19 February 2024. The Ukraine Extension Scheme closes for new applications on 24 May 2024.
View amended articleAssured tenancy discretionary grounds for possession
14 March 2024
The court can make a possession order on a discretionary ground if it is reasonable to do so. This page has been improved and updated with information about what a discretionary ground is, when a landlord can use each ground, and more details about possession for rent arrears on grounds 10 and 11.
View amended articleSuitability of homelessness accommodation
4 March 2024
On 28 February 2024, the Homelessness Code of Guidance for Local Authorities was updated to include a provision for cots for small children in temporary accommodation (paragraphs 17.12 and 17.13). References to Chapter 17 of the Code have been updated to reflect this change.
View amended articleCircumstances of homeless applicant and household
1 March 2024
In AB & Anor, R (On the Application Of) v Westminster City Council [2024] EWHC 266 (Admin) the High Court considered whether a local authority policy requiring homeless applicants to provide medical evidence of a need to be housed with an animal discriminated against disabled people. The court also considered whether the policy was inconsistent with paragraph 17.67 (now para 17.69) of the Homelessness Code of Guidance. The court held that the claimants had not shown that they had been disadvantaged in breach of the Equality Act 2010, and even if they had, the policy would be a proportionate means to achieve a legitimate aim of targeting suitable properties for those with a medical need. The court also held that the policy was not inconsistent with the Code of Guidance.
View amended article