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.

  • Homeless applicants who lack mental capacity

    29 July 2021

    This new page in the Homelessness section explains how mental capacity of homeless applicants is assessed by a local authority, advocacy options for people who lack capacity, and how to challenge local authority decisions about mental capacity.

    View amended article
  • People from abroad who are eligible for homeless assistance

    28 July 2021

    This and related pages on Shelter Legal have been updated to include references to the relevant paragraphs in Chapter 7 of the Homelessness Code of Guidance for Local Authorities.

    View amended article
  • Covid-19: Homelessness

    27 July 2021

    This and related pages have been updated to reflect the fact that the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 SI 2021/364 have been revoked. Regulation 1(4) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 SI 2020/750 specifies that age 70 or above, pregnancy or having a medical condition which increases vulnerability to Covid-19 make a person vulnerable in the context of the Covid-19 pandemic. The 2020/750 Regulations have been extended until 27 September 2021.

    View amended article
  • Variation and revocation of HMO licences

    26 July 2021

    In Kansal v Lambeth London Borough Council [2020] UKUT 365 (LC), the Upper Tribunal held that stating the wrong date on a notice of variation of HMO licence did not mean it was automatically invalid. The First-tier Tribunal must decide the consequences for a defect in the notice. The recipient was not misled or prejudiced by the mistake in the notice and the First-tier Tribunal had been correct to treat it as valid.

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  • Using break clauses to end fixed term tenancies

    26 July 2021

    In Capitol Park Leeds Ltd v Global Radio Services Ltd [2021] EWCA Civ 995, the Court of Appeal held that a lessee was not prevented from exercising a break clause due to leaving the property in a poor state of repair and with missing fixtures. The requirement to give vacant possession meant leaving the property free of people, chattels and interests. The claimant's remedy was to claim compensation for loss caused by missing fittings and disrepair.

    View amended article
  • How an occupier can deal with antisocial behaviour

    26 July 2021

    In Molloy v BPHA Ltd [2021] EWCA Civ 1035, a Housing Association tenant engaged in racist harassment of his neighbour. The Housing Association successfully brought committal proceedings for breach of an injunction under the Anti-Social Behaviour, Crime and Policing Act 2014. Racially aggravated language and gestures were used in a communal pathway and captured on CCTV. It did not matter that the neighbour was not present during the conduct, the fact they would see the CCTV footage was sufficient to cause harassment, alarm or distress.

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  • Squatters defences to possession claims

    23 July 2021

    In London Borough of Lambeth v Grant & Ors (Rev 1) [2021] EWHC (QB), the High Court found that protesters occupying Clapham Common could be evicted even though their rights under Article 10 and Article 11 were engaged. The occupation interfered with the rights of the public justifying a 'pressing social need' to make a possession order.

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  • Claims against landlords for non-compliance with deposit protection rules

    23 July 2021

    In a County Court appeal, replacement tenants under a joint tenancy had a right to claim against a landlord for a breach of tenancy deposit rules if they had paid their deposit to the departing tenant. Each 'churn' of the tenancy created a new requirement to protect the deposit. Sturgiss & Anor v Boddy & Ors (2021) EW Misc 10 (CC).

    View amended article
  • Covid-19: Reactivation of possession proceedings

    23 July 2021

    The interim period for possession claims has been extended to 30 November 2021 by Civil Procedure (Amendment No. 4) Rules 2021 SI 2021/855. During the interim period claimants must follow specific rules in relation to new or stayed claims. [Previous what's new 21 June 2021 For claims issued before 3 August 2020 where no reactivation notice was filed before 30 April 2021, the claim is automatically stayed. A claimant must use form N244 and pay the relevant fee to lift a stay.] [Previous what's new 3 June 2021 This and related pages on Shelter Legal have been updated to include the latest information about the mediation service which is currently available at the review stage of possession proceedings. On 28 May 2021 the government published separate guidance on the Rental Mediation Service.]

    View amended article
  • EU Settlement Scheme

    22 July 2021

    This and related pages on Shelter Legal have been updated to include a link to the latest guidance for the local authorities published by the Home Office on 14 July 2021. The EU Settlement Scheme: Information for Local Authorities guidance contains more information about temporary protection, late applications and reasonable grounds for applying after the 30 June 2021 deadline.

    View amended article