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.
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.
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 articleSocial housing allocations for veterans
18 December 2024
From 18 December 2024, the Allocation of Housing (Qualification Criteria for Armed Forces) (England) (Amendment) Regulations 2024 exempt all former members of the regular armed forces from any local connection requirements for social housing allocations. Previously, only current members or members who had left the armed forces within the last five years were exempt from local connection rules.
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 articleCounty court appeal time limits
22 November 2024
In Idara v Southwark LBC [2024] 11 WLUK 193, the High Court considered an out of time County Court appeals against a local authority homelessness decision. The court held that for a late appeal to be allowed, an applicant must show good reason for the whole delay in submitting the appeal, including the initial failure to meet the 21 day deadline and any further delay.
View amended article