Last week saw the Supreme Court hand down judgement in the case of Samuels v Birmingham  UKSC 28. This case was about whether a local authority is entitled to treat someone as intentionally homeless on the basis that part of their income from benefits was available to meet the shortfall between the rent due and the housing benefit in payment.
In this case, the tenant’s income consisted solely of benefits. Housing Benefit did not cover all of the rent due, leaving a shortfall each month that she could not afford.
The Supreme Court has announced a ruling that will affect the housing of thousands of single parents across the country, particularly in areas with higher rents. It has been found by the highest courts in the UK that the controversial “benefit cap” does not amount to discrimination.
The Government has announced its plans to abolish the Section 21 eviction process otherwise known as the ‘no fault eviction’. This poses the obvious question of whether in fact, Housing law is moving towards a more tenant friendly approach and whether this will be the potential solution for the leading cause of homelessness in England.
All tenants have a right to due process. As such, the law requires that certain criteria be met in order for a landlord to legally evict a tenant from their property. These criteria vary depending on the type of tenancy a resident holds, and failure to comply with any may be grounds to resist an eviction.