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.

  • Housing 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 article
  • Eviction 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 article
  • Assured 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.

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  • Suitability 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.

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  • Circumstances 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
  • Homeless applicant assessment of needs

    1 March 2024

    In SK, R (On the Application Of) v Royal Borough of Windsor and Maidenhead [2024] EWHC 158 (Admin), a homeless applicant challenged a local authority over an unlawful housing needs assessment. The authority had not included three of the applicant’s children in the housing needs assessment, who were subject to interim care orders at the time. The authority argued they could assess who could be reasonably expected to reside with the applicant. The court found that the authority should have considered whether the applicant’s children might return to live with her.

    View amended article
  • Disability discrimination defences in possession proceedings

    27 February 2024

    In Nightingale vs Bromford Housing Association Limited [2024] EWHC 136 (KB), the High Court held that the proportionality of the landlord’s actions under section 15(1)(b) of the Equality Act 2010 should have been assessed at the time of trial, and that the County Court should have considered the fact that the landlord had not presented any evidence for the two years immediately before the possession hearing. In this case, possession proceedings were delayed because of the Covid-19 pandemic. The landlord applied to court in 2019 and the hearing took place in January 2022. The landlord did not provide any evidence of antisocial behaviour for the period between January 2020 and the date of the hearing. The High Court found that the decision to serve a notice was influenced by the behaviour of the tenants’ son, caused by his disability, and that there was no evidence to prove eviction was still proportionate at the time of trial.

    View amended article
  • Challenges to accommodation suitability

    22 February 2024

    In AB & Anor, R (On the Application Of) v Westminster City Council [2024] EWHC 266 (Admin), the High Court considered a judicial review of the suitability of accommodation provided under section 193 of the Housing Act 1996. The court stated that judicial review is an inappropriate route of challenge of the suitability of temporary or permanent accommodation in most cases, as homeless applicants have the right to request an internal review and can then appeal to the County Court. The court also found that the claimants needed to specifically plead why the accommodation was unsuitable, which they had not done.

    View amended article
  • Housing rights of domestic abuse survivors

    21 February 2024

    This page has been updated with information about the migrant victims of domestic abuse concession. This was previously known as the destitution domestic violence (DDV) concession. The rules on who can qualify have been amended to include a partner of a person with permission to enter or stay on a work and economic route or as a student or graduate.

    View amended article
  • Support for mortgage interest

    7 February 2024

    The interest rate for the repayment of a Support for Mortgage (SMI) loan has increased to 4.5 percent on 1 January 2024. The rate is linked to the Office for Budget Responsibility’s forecast of gilt rate and is subject to change in January and July each year. The interest accrues monthly and is calculated as compound interest. This means interest is charged on the unpaid loan and on the interest. An SMI loan continues to accrue interest until it is paid off.

    View amended article