What's new on Shelter Legal

When main housing duty ends

14 March 2025

In Bano v London Borough of Waltham Forest [2025] EWCA Civ 9, the Court of Appeal considered when a local authority can end the main housing duty after making an offer of accommodation. The court found the local authority was not required to issue a further notification of its decision to end the main housing duty after the applicant refused a private rented sector offer. The applicant had the right to a section 202 review of the decision to end the main housing duty once the offer of accommodation was made.

Recovery of housing benefit overpayments

12 March 2025

People with EU pre-settled status eligibility for homeless assistance

11 March 2025

The Homelessness Code of Guidance has been updated with guidance on eligibility decisions for people with pre-settled status. Paragraph 7.35 of the Code states local authorities must consider whether finding someone with pre-settled status to be ineligible would be a breach of their rights under the EU Charter of Fundamental Rights. This means considering whether the person’s right to dignity would be violated. A breach might occur if a person is unable to meet their most basic housing needs or has no means of meeting those needs. This update follows the Court of Appeal's decision in SSWP v AT [2023] EWCA Civ 1307.

Right to manage for leaseholders of flats

3 March 2025

The Leasehold and Freehold Reform Act (Commencement No.3) Regulations SI 2025/131 amend the definition of qualifying premises for which leaseholders of flats can form a right to manage company. From 3 March 2025, qualifying premises include properties where less than 50% of the building is used for non-residential purposes. The previous threshold was a maximum of 25% non-residential space.

Universal credit capital rules

3 March 2025

The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 disregard compensation payments made under the Ministry of Defence's LGBT Financial Recognition Scheme for income and capital assessments under housing benefit and universal credit. The regulations bring the change into effect from 28 February 2025.

Council tax enforcement

28 February 2025

This new page explains how a local authority can take steps to enforce a council tax debt using enforcement agents, attachment of earnings, a charging order, bankruptcy, or committal to prison. This page was produced in partnership with Shelter's Specialist Debt Advice Service.

Relationship breakdown in a tenancy

27 February 2025

This new page covers the rights and options of occupiers after a relationship breaks down in private or social rented accommodation.

Buying 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.

Local 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.

Council 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.