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.
Defending a County Court money claim
28 May 2024
From 22 May 2024, Practice Direction 51ZE requires an automatic referral to small claims mediation for defended claims for a fixed amount under £10,000, not issued through Civil Money Claims Online, which do not incorporate a personal injury or road traffic element. If successful, this pilot may be extended to all online claims. This and related pages have been updated.
View amended articleMultiple, repeat and withdrawn homeless applications
24 May 2024
In Fertre v Vale of White Horse District Council [2024] EWHC 1234 (KB), the High Court held that a fresh homeless application did not cancel or 'overtake' a County Court appeal on an existing decision of the local authority to refuse homeless assistance.
View amended articleCare and support needs assessment
24 May 2024
Section 23 of the Care Act 2014 states that where a local authority is required to offer housing or homelessness assistance to a person under the Housing Act 1996, it does not have a duty to provide accommodation under the Care Act. In Campbell, R (On the Application Of) v London Borough of Ealing [2024] EWCA Civ 540, the Court of Appeal found that a local authority did not act unlawfully by ending accommodation provided under the Care Act when the person could seek assistance under the Housing Act 1996.
View amended articleSecure tenancy grounds for possession with rehousing
22 May 2024
A landlord must offer a secure tenant suitable alternative accommodation if the court orders possession on mandatory grounds 9 to 11 or discretionary grounds 12 to 15A. This page has been improved and updated with information about each ground and when alternative accommodation is suitable.
View amended articleSecure tenancy grounds for possession
22 May 2024
The court can order possession of a secure tenancy on a discretionary ground if it is reasonable to do so. This page has been improved and updated with information about what a discretionary ground is, when a landlord can use each ground, and more details about possession for rent arrears on ground 1.
View amended articleCausal links in intentional homelessness
3 May 2024
The Homelessness Code of Guidance has been updated with information about the process local authorities should follow when making a decision that a care leaver is intentionally homeless. Paragraph 22.18 of the Code states that authorities should ensure that negative decisions are signed off by a senior leader from both homelessness and children's services. Senior leaders should review the circumstances leading to the decision and consider the authority's duties towards the care leaver, including any duties under the Children Act.
View amended articleCourt and tribunal fees
1 May 2024
On 1 May 2024 court and tribunal fees increased following a Ministry of Justice consultation. The Court and Tribunal Fees (Misc. Amendments) Order 2024 increases the fee to vary an order to £15, and the fee for an application on notice (including an application to set aside an order) to £303. There are no changes to fee remissions, which are still available for people who qualify.
View amended articleSecure tenancy or licence definition
30 April 2024
In Weintraub v London Borough of Hackney [2024] EWHC 845 (Ch), the local authority denied a secure tenant the right to buy on the grounds the tenant did not occupy the property as their only or principal home. The tenant intended to carry out adaptations after exercising the right to buy and then return to the property. The High Court held that the tenant condition was met as the tenant had an intention to return. As a result, the tenant retained a secure tenancy and their right to buy.
View amended articleHouse in multiple occupation (HMO) definition
26 April 2024
Section 263(1) of the Housing Act 2004 defines a person in control of an HMO as the person who either receives the rack-rent or would receive it if the premises were let at a rack-rent. Rack rent is defined as at least two-thirds of the full net yearly value of the premises. In Cottam & Ors v Lowe Management Ltd (HOUSING – RENT REPAYMENT ORDER – statutory definitions of “person managing” and “person in control of” an HMO) (2023) UKUT 306 (LC), the Upper Tribunal held that where a health service body leased its property to another company in exchange for guardianship services, it did not meet the definition of a person in control of an HMO. Therefore, the exception in para 2 Schedule 14 to the 2004 Act did not apply and the property required an HMO licence.
View amended articleProcedure for internal reviews of homelessness decisions
26 April 2024
In Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314, the Court of Appeal found that the local authority was not required to send a ‘minded to’ letter under reg. 7(2) of the Homelessness (Review Procedure etc.) Regulations 2018/223 where the authority was unaware of a Cafcass report at the time of the original decision, but where there were no exceptional circumstances that could have meant the authority might have been unable to find that the applicant’s children could safely reside with the other parent following a relationship breakdown.
View amended article