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
16 September 2021
The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021 SI 1045/2021 provide that Afghan citizens who have been granted leave under certain Home office resettlement schemes do not have to be habitually resident to be eligible. Other Afghan citizens who are not covered by the schemes but who left Afghanistan in connection with the collapse of the government in August 2021 are also eligible if they have another form of leave that allows them recourse to public funds.
View amended articleOrders for sale
15 September 2021
In Day v Carmichael [2021] 9 WLUK 135, the High Court refused an application to postpone the date for possession of a property where a charging order creditor had obtained an order for sale. The defendant had not shown that she had a realistic prospect of setting aside the charging order on which the order for sale was based, or that a proposed sale had a realistic prospect of being completed. This and related pages have been amended.
View amended articleCompensation for people displaced from their home
14 September 2021
In force from 1 October 2021, The Home Loss Payments (Prescribed Amounts) (England) Regulations 2021 SI 2021/841 increase the minimum amount of compensation for home loss to £7,100 and the maximum amount to £71,000.
View amended articlePublic authority duty to refer
14 September 2021
This page has been updated to include references to the Homelessness Reduction Act: Duty to refer policy framework that contains rules and guidance for prison and probation staff.
View amended articleCompulsory purchase order process
14 September 2021
From 1 October 2021, The Home Loss Payments (Prescribed Amounts) (England) Regulations 2021 SI 2021/841 increase the minimum and maximum prescribed amounts paid for displacement from the home. This page has been updated with a reference to s.29(1) Land Compensation Act 1973, which sets out the circumstances in which a home loss payment is made.
View amended articleCovid-19: Homelessness
13 September 2021
In one County Court case, the judge allowed an appeal of a local authority decision that a homeless applicant was not in priority need. The authority had failed to have regard to the pandemic or potential impact on the applicant and her health. [PREVIOUS WHAT'S NEW 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 articleRepossession of leasehold property
13 September 2021
In Chana v CC Properties (Yorkshire) Ltd [2021] EWHC 127 (Ch), the High Court held that a lease had not been lawfully forfeited by a landlord because it was done before the conclusion of an outstanding arbitration appeal. Forfeiture proceedings should have been adjourned pending the outcome of the appeal.
View amended articleVoluntary sale of a home to avoid repossession
10 September 2021
This page has been amended to confirm that FCA MCOB 13.3.3A provides that where a borrower cannot make the monthly mortgage payment, the lender must consider whether to allow the borrower to remain in the property to effect a sale. Further amendments: If the lender refuses to allow a property to be sold by the borrower, the borrower can issue a claim in the County Court for an order for sale under section 91 of the Law of Property Act 1925 (for sole owners) or section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (for joint owners). The claim is issued under Part 8 CPR on form N208.
View amended articleWays to reduce mortgage costs
10 September 2021
This page has been amended to confirm that under articles 53A-53D Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 2001/544, advice about changing mortgages is regulated financial advice and not part of the FCA debt advice authorisation. Further amendments: where the borrower is not able to make the full contractual payment, the part payment should be allocated to the interest first, with any leftover sum going towards the capital.
View amended articleNegotiating with mortgage lenders
10 September 2021
This page has been amended to include a link to a budget planner, information about complaints to the Financial Ombudsman, and a reference to CPR 26.4 if the borrower needs to ask the court for an adjournment to take a complaint to the Financial Ombudsman.
View amended article