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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.

  • People from abroad who are eligible for homeless assistance

    6 June 2024

    The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024 introduce two new classes of person eligible for housing and homelessness assistance. From 7 June 2024, certain people who can enter the UK under immigration rules as a victims of transnational marriage abandonment, and people who have their no recourse to public funds condition lifted by the Home Office, can now be eligible.

    View amended article
  • Local authority statutory nuisance duties

    3 June 2024

    In Ball, R (On the Application Of) v Hinckley & Bosworth Council (Rev1) [2024] EWCA Civ 433, the Court of Appeal held that a local authority has no power to vary the terms of an abatement notice once it has been satisfied a statutory nuisance exists or is likely to occur.

    View amended article
  • Suitability of bed and breakfast accommodation

    31 May 2024

    From 1 June 2024, the Homelessness (Suitability of Accommodation) (England) (Amendment) Order 2024/371 reintroduces the six week limit on the use of bed and breakfast accommodation for people with family commitments who make a homeless application within two years of arriving in the UK. The six week limit was lifted between 1 June 2022 and 31 May 2024 for new arrivals to the UK. The updated para 17.39 of the Homelessness Code of Guidance confirms that time spent in bed and breakfast accommodation before 1 June 2024 counts towards the six week limit. If any applicants have already spent more than six weeks in bed and breakfast accommodation on 1 June 2024, the local authority must immediately find alternative suitable accommodation.

    View amended article
  • Location and suitability of accommodation for homeless applicants

    31 May 2024

    The Homelessness (Suitability of Accommodation) (England) (Amendment) Order 2024/371 extends the temporary changes made to suitability requirements by the Homelessness (Suitability of Accommodation) (Amendment) (England) Order 2022 until 1 June 2025. The amendments, first introduced from 1 June 2022, give local authorities more flexibility to place homeless households who have arrived in the UK in the last two years outside of the local authority area.

    View amended article
  • Defending a County Court money claim

    28 May 2024

    From 22 May 2024, Practice Direction 51ZE requires an automatic referral to small claims mediation for defended claims for a fixed amount under £10,000, not issued through Civil Money Claims Online, which do not incorporate a personal injury or road traffic element. If successful, this pilot may be extended to all online claims. This and related pages have been updated.

    View amended article
  • Multiple, repeat and withdrawn homeless applications

    24 May 2024

    In Fertre v Vale of White Horse District Council [2024] EWHC 1234 (KB), the High Court held that a fresh homeless application did not cancel or 'overtake' a County Court appeal on an existing decision of the local authority to refuse homeless assistance.

    View amended article
  • Care and support needs assessment

    24 May 2024

    Section 23 of the Care Act 2014 states that where a local authority is required to offer housing or homelessness assistance to a person under the Housing Act 1996, it does not have a duty to provide accommodation under the Care Act. In Campbell, R (On the Application Of) v London Borough of Ealing [2024] EWCA Civ 540, the Court of Appeal found that a local authority did not act unlawfully by ending accommodation provided under the Care Act when the person could seek assistance under the Housing Act 1996.

    View amended article
  • Secure tenancy grounds for possession with rehousing

    22 May 2024

    A landlord must offer a secure tenant suitable alternative accommodation if the court orders possession on mandatory grounds 9 to 11 or discretionary grounds 12 to 15A. This page has been improved and updated with information about each ground and when alternative accommodation is suitable.

    View amended article
  • Secure tenancy grounds for possession

    22 May 2024

    The court can order possession of a secure tenancy 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 ground 1.

    View amended article
  • Causal links in intentional homelessness

    3 May 2024

    The Homelessness Code of Guidance has been updated with information about the process local authorities should follow when making a decision that a care leaver is intentionally homeless. Paragraph 22.18 of the Code states that authorities should ensure that negative decisions are signed off by a senior leader from both homelessness and children's services. Senior leaders should review the circumstances leading to the decision and consider the authority's duties towards the care leaver, including any duties under the Children Act.

    View amended article