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As housing shortages worsen and homelessness rises, the courts are increasingly holding local authorities accountable for their legal obligations. From homelessness assessments to the enforcement of housing standards, 2025 is witnessing significant legal developments that are reshaping tenants’ rights and clarifying the responsibilities of landlords and local authorities.

Homelessness: A duty not taken lightly

The Homelessness Reduction Act 2017 places a legal duty on local authorities to assess and support individuals at risk of homelessness. Section 189A of the Housing Act 1996 mandates the local authorities to investigate the reasons for homelessness, the type of accommodation needed, and the support required to maintain stability.

These assessments aren’t mere formalities.

In R (SK) v RB Windsor & Maidenhead [2024], the High Court underscored that homelessness needs assessments must be thorough, factoring in childcare, mental health, and accessibility. Similarly, UO v LB Redbridge No.2 [2024] highlighted how the local authorities could fail by ignoring the burden placed on a single mother forced to endure lengthy commutes while caring for her children.

These rulings emphasise the need for well-documented, individualised assessments that genuinely reflect applicants’ circumstances.

What counts as “suitable” housing?

Simply offering housing is not enough, as it must be suitable for the individual’s needs. The Homelessness (Suitability of Accommodation) (England) Order 2003 sets minimum standards, such as limiting families’ stays in bed-and-breakfast accommodation to six weeks.

Recent cases have tested these limits:

• R (Pickford) v Sandwell MBC [2024]: Keeping a family in unsuitable B&B accommodation beyond the six-week limit was deemed unlawful.
• Zaman v Waltham Forest LBC [2023]: The local authorities were reminded to prioritise housing within applicants’ communities, as displacing vulnerable families can disrupt access to schools, jobs, and support networks.
• Ghaoui v Waltham Forest LBC [2024]: While religious considerations are important, they cannot automatically prioritise one person’s housing needs over others’.

Tackling disrepair and fitness standards

Living in substandard housing can have severe consequences for tenants’ health and well-being. Courts are increasingly holding landlords accountable under the Homes (Fitness for Human Habitation) Act 2018.             

The Pre-Action Protocol for Housing Conditions Claims encourages tenants to resolve disputes before litigation. However, landlords’ failure to engage often leads to court action.

In R (Imam) v Croydon LBC [2023], the Supreme Court ruled that the local authorities cannot cite budget constraints to avoid their legal duty to provide adequate housing. Similarly, R (AO) v Haringey LBC [2024] demonstrated the courts’ willingness to enforce repairs when the local authorities delay addressing tenants’ complaints about unsafe conditions.

These cases reflect a growing intolerance for excuses and inaction in disrepair cases, particularly when tenants’ health is at risk.

New rules and challenges

Recent procedural reforms, such as the Intermediate Track for claims valued between £25,000 and £100,000, aim to expedite mid-value cases. However, disrepair claims remain excluded from fixed costs due to their complexity.

This makes procedural compliance even more critical. Tenants and their legal representatives must ensure:

• Detailed evidence of financial losses (e.g., increased energy costs or medical expenses).
• Robust witness statements.
• Full adherence to pre-trial protocols to avoid delays or dismissals.

What lies ahead for Housing Law?

With the housing crisis deepening, courts and policymakers face critical questions:

• How far can the local authorities push budgetary excuses?
• Will reforms improve access to justice or create additional barriers?
• Can local authorities balance competing demands while upholding their legal duties?

For tenants, landlords, and local authorities 2025 represents a turning point. The courts are sending a clear message: housing obligations must be fulfilled, and failure to act will have consequences.

About the author:

Karina Petkova is a property law solicitor at Duncan Lewis based in the City of London office. She is a recommended lawyer in The Legal 500 UK 2025 edition for her social housing work across the South East. Karina has significant expertise in various aspects of housing litigation and social welfare law including: housing disrepair, statutory reviews and appeals, unlawful evictions, injunctions, s.202 reviews, homelessness and possession.

You can contact Karina on 020 7275 2675 or via email at KarinaP@Duncanlewis.com

About Duncan Lewis Solicitors 

Duncan Lewis Solicitors is an award-winning law firm, renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the Lexis Nexis awards 2025, further establishing its credentials as one of the leading law firms in the UK.