Round up of housing law and news: July 2024
Violence from outside the home: adviser resources
On 30 July 2024, riots started in Southport and in the following days spread across the country. Asylum seekers and refugees have been targeted and are facing violence in their accommodation and their homes. The violence has continued to escalate and is likely to affect and impact many more people in the weeks and months to come.
Advisers will need to be prepared to answer questions on a range of issues. Shelter has training and resources that may help.
Legal reference materials on Shelter Legal
Free recorded webinars from Shelter Training
Many voluntary and statutory organisations are eligible for Shelter's free and discounted training, funded by MHCLG.
Each recorded webinar is 30 or 40 minutes long. You can access them at any time.
Entry level webinars
You don’t need any prior knowledge for these entry level webinars.
Understanding homelessness and housing: Local authority duties
Basic introduction to eligibility for housing assistance
The homeless prevention duty
The homeless relief duty
Fundamental level webinars
You’ll need some prior knowledge for these fundamental level webinars.
Helping clients not eligible for housing assistance
Homelessness applications – Vulnerability and ‘reason to believe’ priority need
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Access all these courses at any time at homelessness elearning.
Find out more about Shelter's free and discounted training.
Legislation
Renters Rights Bill
On 17 July, the government confirmed in the King's Speech that it intends to bring forward a Renters Rights Bill in the new parliament.
The bill will contain similar provisions to the previous government's Renters (Reform) Bill, which did not become law before the general election was called. The bill will propose to abolish no-fault evictions by repealing section 21 of the Housing Act 1988.
The bill will also extend Awaab's law and the Decent Homes Standard to the private rented sector.
Gov.uk: The King's Speech 2024 and King's Speech 2024: background briefing notes
Shelter response: Shelter responds to housing elements of King’s Speech - Shelter England
Case law
Pre-settled status requirements not in breach of Withdrawal Agreement
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.
Fertre v Vale of White Horse District Council [2024] EWHC 1754 (KB) (08 July 2024) (bailii.org)
News and guidance
New ministers and name change for MHCLG
Following the general election, the deputy prime minister Angela Rayner was appointed Secretary of State for Housing, Communities and Local Government. Matthew Pennycook and Jim McMahon have also been appointed as ministers.
The new government also confirmed that the Department of Levelling Up, Housing and Communities (DLUHC) has been renamed as the Ministry of Housing, Communities and Local Government (MHCLG). The department was also previously known as MHCLG between 2018 and 2021.
London borough to review housing register after investigation
The Local Government and Social Care Ombudsman has completed an investigation into the the housing register process of Tower Hamlets Council. The Ombudsman found that Tower Hamlets took six months to make a decision on a woman's application and uncovered a significant backlog of cases.
Local Government and Social Care Ombudsman: Tower Hamlets to review housing register applications following Ombudsman investigation
Research briefing on statutory homelessness in England
This House of Commons Library research briefing provides an overview of the statutory homelessness framework in England, and how local authorities are performing. It also explains statutory homelessness trends.
Research briefing on the causes of homelessness in England
This House of Commons Library briefing covers the causes of homelessness and the government's approach to tackling homelessness.
Crisis: 100 day checklist for the new government
Crisis has published a checklist for the new government, setting out what it can do in its first 100 days to end homelessness.
Crisis are calling for the government to set up a new unit for ending homelessness, lay out a clear plan for building social housing and follow through on the repeal of the Vagrancy Act.
Crisis: How the new government can start us on a path to a future free from homelessness | Crisis UK
Data and trends
28% of homelessness reviews successful
A homeless applicant has the right to request a section 202 review of certain local authority homelessness decisions. Freedom of information data obtained by the Independent found, from the local authorities which responded:
28% of section 202 reviews were successful
more than 5800 people had requested a section 202 review in 2023
there has been a 52% increase in the number of reviews requested in the last 5 years
The Independent: The homeless families refused housing help by under-pressure councils
9% of private renters on housing benefit have been refused a tenancy
Data compiled by the government in the English Housing Survey found that, in the last twelve months:
9% of renters receiving housing benefit or universal credit housing costs were refused a tenancy because they were receiving benefits
6% of private renters with dependent children reported that they had been refused a tenancy because of their children
Gov.uk: English Housing Survey 2022-2023
1.5 million children in non-decent homes
Figures published by the Ministry of Housing, Communities and Local Government on the Decent Homes Standard found that in 2022-2023:
more than 3.5 million households living in homes which did not meet the Standard, including around 1.5 million children
nearly 800,000 children are living in homes with damp
21% of private renters are living in homes which do not meet the Standard
Gov.uk: English Housing Survey 2022-2023: housing quality and condition
More than half of private renters have had a rent increase in the last year
A survey conducted by Citizens Advice into the cost of living crisis found that:
52% of private renters have had a rent increase in the last year
a third of renters have had to use credit or borrow to pay their rent
40% of renters live in homes with mould or damp
Citizens Advice: Through the roof: rising rents, disrepair, and evictions
Over 20 million people in the UK financially vulnerable
Research by Fair4All Finance found that:
over 20 million people in the UK are financially vulnerable, up 17% on 2022
of those, half are unable to afford a healthy, balanced diet
a third of those are using their savings as a primary form of income
Fair4All Finance: Nearly half of UK adults now living in financially vulnerable circumstances
The monthly round up of legislation, cases, news and data from Housing Matters