Round up of housing law and news: December 2024
Legislation
Eligibility for homeless assistance in Wales, and right to buy in rural areas.
Eligibility for housing and homelessness assistance in Wales
From 20 December 2024, certain people who can enter the UK under immigration rules as a victims of transnational marriage abandonment, and people who have their no recourse to public funds condition lifted by the Home Office, are eligible for assistance in Wales.
The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2024
Right to Buy in rural areas
Regulations in force from 2 January 2025 designate parishes in Herefordshire as rural areas under s.157 Housing Act 1985. A rural designation means a Right to Buy purchaser might be subject to restrictions limiting the circumstances in which they can re-sell the property.
Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2024
Case law
HMO offences, right to buy when living elsewhere, local authority duties to provide accommodation under the Children Act, and witness statements by people who did not speak English.
Managing a house in multiple occupation
The High Court held that the person who has the right to receive rent from HMO properties is liable to be charged with offences, even if they do not directly manage the properties.
R (Clearspring Ready Homes Ltd) v Swindon Magistrates’ Court and others [2024] EWHC 2023 (Admin)
Accommodation under the Children Act
The Court of Appeal held a 17 year old child living in her deceased mother's social rented flat was adequately housed although the tenancy had passed to the public trustee. The landlord had no plans to start possession proceedings so she did not need accommodating under section 20 Children Act 1989.
R (DF) v Essex County Council [2024] EWCA Civ 1545
Right to buy when living elsewhere
A tenant who intended to return to a local authority property was allowed a right to buy by the Court of Appeal. They were not occupying the property, but intended to return as an owner.
London Borough of Hackney v Weintraub [2024] EWCA Civ 1561
Claims by non-English speakers struck out
The High Court struck out two claims because the claimants had submitted witness statements in English, which they could not speak or read. The Judge stated that the solicitors in the case had not done their duty.
Guidance and news
Guidance on unsafe cladding, refugee move on periods, and an extension to the e-visa cut off date.
Government plans to tackle unsafe cladding
The Ministry of Housing, Communities and Local Government published a policy paper outlining its approach to tackling unsafe cladding, including its plans to require building owners to fix some categories of building with a clear timescale.
Gov.UK: Remediation Acceleration Plan
Refugee move on period extended to 56 days
The government has announced the move on period is extended to 56 days from 9 December 2024.
Right to remain: Newly recognised refugees to be given 56 days to find housing
E visa application deadline extended
The government has announced the deadline for applying for an e-visa has been extended to 31 March 2025, following news that the account creation process has been difficult for some people.
Parliament: Written statement of the Secretary of State for Migration and Citizenship
Data and trends
Increases in average rents, new homelessness figures, and private landlord survey results.
Average rent £1,270 a month
Research shows that the average cost of renting a newly let UK home is now £3,240 higher than at the end of the pandemic lockdowns, after three years of rental increases outstripping rises in earnings.
Guardian: Annual rent for newly let UK home £3,240 higher than 2021
More than 350,000 people are homeless in England
The number of people in England who are homeless has increased by almost 15 percent compared to the same time last year.
Shelter: Homelessness in England 2024
Buying a home in England unaffordable
The Office of National Statistics has warned that the cost of buying an average home in England is no longer affordable.
Guardian: Cost of buying average home in England now unaffordable, warns ONS
English Private Landlord Survey
A survey of private landlords has found that:
almost 40 per cent of private landlords in England are not willing to rent to people receiving housing support
nearly half of tenancies are owned by landlords with five or more properties
31 per cent of landlords plan to decrease the size of their portfolio in the next two years
The monthly round up of legislation, cases, news and data from Housing Matters