ARCHIVED: This Practice Note has been archived and is not maintained. What is housing benefit? Housing benefit has historically been the scheme provided to assist those on low incomes with paying their rent. It is largely being replaced by the ‘housing costs element’ of Universal Credit (UC). No new claims for housing benefit can be made by most working-age claimants. However, housing benefit remains relevant for two claimant groups: • (a) those over pension age • (b) those occupying ‘specified’ or ‘temporary’ accommodation Eligibility for housing benefit Eligibility for housing benefit is determined by reference to the amount of rent payable and a claimant’s level of income and capital (savings, property and investments). Housing benefit is payable to those who: • pay rent • are on a low income, and • have capital below £16,000, but for those in receipt of certain means-tested benefits including the guarantee credit of pension credit, capital is ignored Personal circumstances will be relevant (including the age and number of dependants, ownership

This Practice Note sets out the practical considerations that local authority landlords need to consider when faced with a housing disrepair claim in England. It sets out the basis for a repair claim and the practical steps that need to be taken when dealing with a claim, including whether the matter could be dealt with by non-court based alternative dispute resolution. It also covers the Awaab’s Law regime implied term and new statutory time frames for local authority landlords to investigate and repair specified emergency and HHRS hazards. The basis for a disrepair claim It is important to understand the basis upon which a claim can be brought and some basic procedural matters. Disrepair claims arise, principally, out of contract and statute law, the basis of each is outlined below. If there is a tenancy agreement, the claim is likely to be in breach of contract. A copy of the tenancy agreement must be obtained to check the landlord’s express repairing obligations. There are also some standard implied

Law360: A housing provider has lost its application to strike out claims from unionised workers over a blog post from its CEO offering a pay raise to nonunion members, after failing to convince an employment tribunal that the post might have broken the law during ongoing pay negotiations.

The Housing, Communities and Local Government Committee has published oral evidence on pre-legislative scrutiny of the draft Commonhold and Leasehold Reform Bill, hearing from the Minister for Housing and Planning, Matthew Pennycook and MHCLG officials. In the oral evidence, Pennycook confirmed that key leasehold reform measures may not be implemented until late 2028. He explained that delays stem from the need to fix serious flaws in the Leasehold and Freehold Reform Act 2024, alongside an extensive programme of secondary legislation, ongoing policy decisions and further consultation on issues such as valuation. He also emphasised that timelines are uncertain and variable, the Bill is not the final stage of reform and a phased approach is necessary to ensure measures are legally “deliverable and defensible” in a highly litigious area.

STOP PRESS: This Practice Note is currently under review in light of the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025, SI 2025/1042, also known as Awaab’s Law, expected to come into force from 27 October 2025. The Ministry of Housing, Communities and Local Government (MHCLG) has published the outcome to the consultation on Awaab’s Law and timescales for repairs in the social housing sector along with draft guidance to support social landlords in preparing for the implementation of Awaab’s Law. This Practice Note covers the local authority housing revenue account (HRA) in England. Technically, the HRA legislation embraces only local housing authorities (LHAs) as defined by section 1 of the Housing Act 1985 (HA 1985) and section 88 of the Local Government and Housing Act 1989 (LGHA 1989). LHAs are required by LGHA 1989, s 74 to keep an HRA, unless the Secretary of State has consented to them not doing so (usually where an LHA has transferred all of its stock). This

Large scale voluntary v small scale voluntary transfers Large scale voluntary transfer (LSVT) is a term used to describe the transfer of the whole or a substantial part of a local housing authority’s (LHA) housing stock to a usually new private registered provider (RP) of social housing, who is registered and regulated by the Regulator of Social Housing (RSH). See Practice Note: Regulation of social housing in England. An LSVT is the transfer of 500 or more tenanted and leasehold properties. An LSVT can include all the stock owned by an LHA or a part of it. The latter is known as a partial stock transfer. A small scale voluntary transfer (SSVT) is the transfer of 499 or fewer tenanted and leasehold properties over five years or less. An LHA wishing to carry out an SSVT will be required to follow a similar process to that described for an LSVT. However, there is scope to reduce the application requirements for an LSVT. The transfer cannot go ahead unless a majority of secure and

The Housing, Communities and Local Government Committee has launched an inquiry into the measures needed to revitalise England’s high streets, with a focus on the spread of ‘unwanted’ retail and services such as betting shops, vape shops and fake barbers and the effect of those businesses on community pride. The committee stated that it will also examine wider regeneration tools, including design codes, street furniture and pedestrianisation and will assess how effective local authority powers are, including High Street Rental Auctions, Compulsory Purchase Orders and the Community Right to Buy. It will further consider the government’s support package for high streets, including changes to business rates and the Pride in Place Programme, which the committee noted could provide up to £20 million to hundreds of areas over the next decade. The committee is accepting evidence until 7 September 2026.

A round-up of the latest news from the Housing Ombudsman Service (HOS), including a an independent review of Housing for Women’s rent recovery practices due to major shortcomings in its administration.

A round-up of the latest news from the Housing Ombudsman Service (HOS), including a finding of severe maladministration against Plexus, which has led to changes to its voids process following a complaint concerning damp and repairs.

What are the optional technical housing standards? In March 2015, following consultation on accessible design standards, the government issued policy in the form of a Written Ministerial Statement on housing standards. It introduced optional requirements in the Building Regulations in respect of water and access, together with the nationally described space standard referred to as the ‘new national technical standards’. The new standards complement the mandatory Building Regulations 2010, SI 2010/2214 (the Building Regulations). See Practice Note: Obtaining building regulations approval. What optional technical housing standards can LPAs set? Policy PM13(1)(a) of the National Planning Policy Framework (NPPF) states that quantitative standards set through development plan policies for infrastructure provision, affordable housing requirements, parking, density, and design and placemaking should provide clarity and a high degree of certainty about the requirements that relevant development proposals are expected to meet, and should be justified, drawing upon relevant evidence of local characteristics and needs, while utilising or adapting relevant national standards where it is appropriate to do so (such as in relation to green infrastructure). Evidence in support of standards

Local Government analysis: An attempt by a defendant local authority to argue that sections 202 and 204 of the Housing Act 1996 (HA 1996) provided a suitable alternative remedy when challenging a housing needs assessment and personal housing plan under section 189A of the Act was dismissed by the Administrative Court as ‘essentially unarguable’. The Act expressly set out which decisions under the Act were amenable to statutory review and appeal, and that did not include section 189A. While this opens the door to further judicial reviews of section 189A plans, the court was careful to emphasise that it was not opening the floodgates; meritless applications would still be filtered out at the permission stage. Written by David Illingworth, barrister at Exchange Chambers, Manchester.

Law360, London: The Arbitration Act 2025 marks the most significant reform to the UK's arbitration regime since the enactment of the Arbitration Act 1996. As the 1996 Act approached its third decade, it became apparent that while its core framework remained robust, certain refinements were necessary to ensure London's continued preeminence as the preferred global arbitration hub.