Round up of housing law and news: September 2025

Legislation

New housing benefit regulations.

Housing benefit habitual residence test

A person who is already receiving universal credit might also make a housing benefit claim in some circumstances, for example, if they live in temporary accommodation. From 21 October 2025, the housing benefit authority does not need to consider whether the person is habitually resident in the common travel area if they already claim universal credit. This is because that check will already have been considered as part of the universal credit claim.

Housing Benefit (Habitual Residence) (Amendment) Regulations 2025

Case law

Housing needs assessments, section 13 validity and eligibility for housing assistance.

Local authority failed to assess disabled child’s needs

The High Court found that a local authority failed to comply with its statutory duty to assess a claimant's housing needs under s189A(2) Housing Act 1996. The council had not properly considered the educational needs of a disabled child, despite having the relevant information. The High Court made a mandatory order.

R. (on the application of AN) v Barking and Dagenham LBC

Housing needs assessment and suitability

The Court of Appeal upheld that a local authority's final offer of accommodation was suitable, and dismissed the applicant's appeal.

The court found that the authority had completed a housing needs assessment even though it was not contained in one document. Any initial deficiencies had been remedied by a section 202 review that reconsidered suitability.

Fatolahzadeh v London Borough of Barnet (Rev1) [2025] EWCA Civ 1174

Section 13 rent increase valid for renewed fixed term tenancy

The Upper Tribunal held that a clause in a fixed term assured shorthold tenancy allowing the tenant to "renew for a further 12 months at the same rent" did not give the tenant the right to keep renewing the tenancy every year. Only unequivocal wording would allow a perpetual right to renew over multiple successive years.

This meant that the tenancy was a statutory periodic tenancy. The landlord's section 13 notice to increase the rent, served seven years after the start of the original tenancy, was valid.

Constantine v Bird [2025] UKUT 258 (LC)

Powers to delay the date of a rent increase

A landlord can increase the rent of a periodic assured or assured shorthold tenancy using a notice under section 13 Housing Act 1988. The rent increase normally takes effect at the start of the period specified in the notice.

Where this would cause undue hardship to the tenant, section 14(7) Housing Act 1988 allows the First-tier tribunal to delay the increase to a later date, up to the date that the tribunal actually decided the new rent.

The Upper Tribunal held that the First-tier tribunal must make a specific finding of fact that there is undue hardship based on evidence before granting a delay. The tribunal cannot delay the increase just in case it might cause a problem for a tenant without evidence.

Deepak Shah & Anor v Julian Thomas & Anor [2025] UKUT 263 (LC)

Pre-settled status and eligibility for housing assistance

The Court of Appeal held that the UK-EU Withdrawal Agreement only preserves the rights held by EU citizens under EU law on 31 December 2020. It does not give EU citizens a blanket right to equal treatment with UK citizens.

An EU national not exercising any treaty right was not eligible for homelessness assistance prior to 31 December 2020. As a result, an applicant with pre-settled status now is not eligible unless they exercise a treaty right, such as by being an EU worker.

Gwladys Fertré v Vale of White Horse District Council [2025] EWCA Civ 1057

News and guidance

Ombudsman decision on temporary accommodation, framework for national approach to homelessness and new government appointments.

Ombudsman decision on temporary accommodation

The Local Government and Social Care Ombudsman found Lewisham Council at fault where the authority delayed in placing a homeless family in temporary accommodation. The delay was due to a policy where the authority would not act until a week before the bailiffs were due to attend.

The Ombudsman found that the authority took 13 months too long to provide the family with interim accommodation, leaving the family with unaffordable rent arrears and court costs. When the authority did provide interim accommodation, it was in another borough with damp and mould issues. The applicant's seriously ill child could not receiving weekly visits from nurses and had to travel to hospital, putting them a risk of harm.

Local Government and Social Care Ombudsman: Poorly child placed at risk by Lewisham council because of flawed homelessness policy

Ombudsman report: 24 016 564 - Local Government and Social Care Ombudsman

Open letter over change in move on period for refugees

Homelessness and migrant rights organisations sent an open letter to the government requesting a reversal of the recent decision to reduce the move on period for refugees. Organisations warned that the change in policy will lead to an increase in homelessness, harm to individuals and pressure on local statutory and voluntary organisations.

Read the full letter homeless.org.uk

Proposal for national approach to homelessness support

The All-Party Parliamentary Ground for ending homelessness released a report proposing a framework for lasting change. The framework is based on three pillars: homes, support and prevention. The report calls on the government to aim to end rough sleeping and half the number of households in temporary accommodation within 10 years.

Read the report by APPG at crisis.org.uk

New government appointments

Steve Read has been appointed as Secretary of State for housing, communities and local government on 5 September 2025.

Read more about the secretary of state for housing, communities and local government at Gov.uk

Alison McGovern has been confirmed as the new minister for homelessness and rough sleeping on 6 September 2025.

Read more about the minister for homelessness and rough sleeping at Gov.uk

Data and trends

New data on affordable housing supply and data from the house of commons on economic indicators for the housing market.

Updated affordable housing supply data

The government has published its latest management information on affordable housing starts and completions covering Q1 April to June 2025. The data covers homes funded by Homes England and the Greater London Authority.

The data shows, in Q1 2025:

• 5,326 affordable homes were started: 695 were for social rent and 0 were for London affordable rent

• 4,687 affordable homes were completed: 1,381 were social rent, 1,242 were affordable rent, and 1,430 were shared ownership

View the live tables on affordable housing supply at Gov.uk

Economic indicators summary for the UK housing market

The House of Commons Library has released a research briefing on the economic indicators for the UK housing market covering.

The research briefing shows:

• house prices have increased 2.8% year on year from July 2024 to July 2025

• mortgage approvals have increased 5% year on year with 65,232 approvals in July 2025

• house building starts have increased 16% year on year with 29,490 starts in July 2025

• house building completions have increased 19% year on year with 34,990 completions in July 2025

Read the full briefing in the House of Commons Library.