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.
What makes a section 21 notice invalid
31 January 2025
In D’Aubigny v Khan & Anor [2025] EWCA Civ 11, the Court of Appeal held that the service of a gas safety certificate, energy performance certificate, and How to Rent guide by post is valid as long as the tenancy agreement permits it. If the tenant denies receiving the documents, a court does not have to treat them as having been served. Judgment available on Nearly Legal.
View amended articleBuying the freehold or extending the lease of a house
31 January 2025
From 31 January 2025, the Leasehold and Freehold Reform Act 2024 (Commencement No.2 and Transitional Provision) Regulations 2025 bring into force section 27 of the Leasehold and Freehold Reform Act 2024. The section removes the requirement for leaseholders to have held a lease for at least two years before they can extend their lease or buy the freehold.
View amended articleLocal connection in homelessness applications
21 January 2025
In Hussaini v Islington London Borough Council [2025] EWCA Civ 22, a homeless applicant challenged an authority's local connection referral, arguing that his need to access support from a refugee centre in the borough gave him a local connection under special circumstances. The authority upheld its decision on review, noting that the applicant did not actually need to reside in the borough to access support. The Court of Appeal held that while a need to live in the area was not essential for a local connection under special circumstances, it was reasonable for the authority to take account of whether it was an actual requirement to be resident to access support. The applicant's appeal was unsuccessful.
View amended articleCouncil tax billing and recovery
13 January 2025
This new page covers when a local authority can take steps to recover outstanding council tax from the liable person following the issue of a bill and statutory notices. This page was produced in partnership with Shelter's Specialist Debt Advice Service.
View amended articleRight to manage for leaseholders of flats
30 December 2024
In A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27 the Supreme Court upheld the Court of Appeal's decision in Elim Court RTM Company Ltd v Avon Freeholds Ltd that the failure to serve a claim notice on an intermediate landlord with no management responsibilities does not invalidate a right to manage claim. The claim is rendered voidable, unless or until the tribunal approves the scheme.
View amended articleWitness statements
30 December 2024
In Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB), the High Court struck out two claims because the claimants had submitted witness statements in English, which they could not speak or read.
View amended articleStudent exemptions from council tax
23 December 2024
This new page explains when a household containing students is exempt from council tax, discounts when students are disregarded for council tax, and what happens when a student leaves their course part way through the academic year.
View amended articleBanned tenant fees and penalties for landlords
2 December 2024
In Switaj v McClenaghan [2024] EWCA Civ 1457, the Court of Appeal considered whether a prohibited payment paid before the Tenant Fees Act 2019 came into force and retained by the landlord would prevent the landlord from serving a valid section 21 notice for subsequent statutory periodic tenancies. The court held that prohibited payments taken before the Act became law on 1 June 2019 did not invalidate the section 21 notice.
View amended articleRight to buy for council tenants
2 December 2024
In Howe v Brent London Borough Council [2024] EWCA Civ 1444, the Court of Appeal considered a joint right to buy application by a secure tenant and a family member submitted shortly before the secure tenant's death. The court held that the family member could still exercise the right to buy even though the local authority had not accepted that they met the qualifying criteria before the tenant died. The family member was a deemed joint tenant under section 123(3) Housing Act 1985 after a valid application was submitted.
View amended articleCourt orders to remove the perpetrator and prevent abuse
27 November 2024
On 27 November 2024 CPR Practice Direction 51ZF introduced a pilot procedure for the County Court to make a Domestic Abuse Protection Order during 'relevant proceedings' under Part 3 Domestic Abuse Act 2021. Relevant proceedings include possession proceedings for rented or mortgaged property. Pilot areas are the London boroughs of Croydon, Sutton, and Bromley and Greater Manchester.
View amended article