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.
Assignment of a tenancy
29 August 2024
This updated page covers when a tenant can transfer their tenancy to another person using an assignment by deed.
View amended articleMutual exchange for social tenancies
29 August 2024
This new page explains when a social housing tenant can exchange by assigning their tenancy to another tenant.
View amended articleLocal authority HHSRS enforcement action
12 August 2024
In Curd v Liverpool City Council [2024] UKUT 218 (LC), the local authority served an improvement notice requiring works to fire doors. On appeal, the First-tier Tribunal made no findings about whether the doors were a hazard but varied the notice to require the property owner to obtain an expert report and carry out any identified works. The Upper Tribunal held that the First-tier Tribunal can only vary a notice if it is satisfied a hazard exists. It cannot vary the notice to require the owner to investigate whether there is a hazard.
View amended articleProtected sites for mobile home occupiers
12 August 2024
A mobile home owner who lives on a protected site has protection from the Mobile Homes Act 1983. A protected site is one that has a site licence and planning permission that allows occupation of a mobile home as a sole or main residence. For example, the permission cannot be for holiday use only. In Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751, the Court of Appeal held that a Certificate of Lawful Use granted by the Local Planning Authority permitted use of the land for residential purposes. This superseded the original planning permission granted for holiday use only.
View amended articleRent arrears possession
1 August 2024
This new page covers possession of an assured, assured shorthold, or secure tenant for rent arrears using a ground for possession. The page includes information about notices, the pre-action protocol for social landlords, County Court hearings, and orders the court can make.
View amended articleGround 8 possession
1 August 2024
This new page covers possession of assured and assured shorthold tenancies on ground 8. Ground 8 is used when a tenant owes two months rent arrears. The page includes rules for notices, orders the court can make including when it can adjourn, tenant defences and counterclaims, and exceptional hardship cases.
View amended articlePeople with EU pre-settled status eligibility for homeless assistance
16 July 2024
In Fertré v Vale of White Horse District Council [2024] EWHC 1754 (KB) the High Court held that the requirement for EU citizens with pre-settled status to meet additional conditions to be eligible for homelessness assistance does not contradict the Withdrawal Agreement between the UK and the EU. EU citizens with pre-settled status must still meet additional requirements to be eligible, such as being a worker, self-employed, having a permanent right to reside or being a 'Bambaust' carer, as per retained EU law.
View amended articleWhat makes a section 21 notice invalid
12 July 2024
This page has been updated to clarify that a section 21 notice served at the same time as a gas safety certificate or EPC is valid. This clarification in relation to a gas safety certificate is contained in para 37, Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760.
View amended articleEU Settlement Scheme
3 July 2024
The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 amends art 13(4) of The Immigration (Leave to Enter and Remain) Order 2000 so that a person with pre-settled status can retain their status if they leave the UK, as long as they are not absent for more than five years. Before 21 May 2024, this time limit was two years. The Home Office can still end a person's pre-settled status on a case by case basis if they exceed the absences allowed in the Withdrawal Agreement.
View amended articleDebt relief order applications
1 July 2024
On 28 June 2024, the Insolvency Proceedings (Monetary Limits) (Amendment) Order 2024 amended the Insolvency Proceedings (Monetary Limits) Order 1986 to increase the debt limit for a DRO from £30,000 to £50,000. The Insolvency (England and Wales) (Amendment) Rules 2024 amended Rule 9.9(2)(ii) Insolvency Rules 2016 to increase the limit on the value of an exempt motor vehicle from £2,000 to £4,000. This and related pages have been amended.
View amended article