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Decisions on eligibility for accommodation allocation

This content applies to England

There are pending updates to this page following Brexit and the end of transition period on 31 December 2020

How a decision should be notified, whether an applicant can make a fresh application and how to request a review.

Ineligible applicants

If a local authority decides that an applicant is ineligible or is not a qualifying person it must notify the applicant of the decision in writing.

Notifying the decision

The decision letter must state the grounds on which the decision has been made.[1] In the case of applicants with no fixed address, a decision will be treated as having been received if it is made available for collection at the local authority's office.[2]

Right to review

An applicant has the right to request a review of a decision that s/he is ineligible or not a qualifying person.The applicant must be informed of the review decision and the grounds for it.[3]

For information on reviewing allocations decisions in general, see Applicants rights: information, offers and reviews.

Fresh application

If a local authority decided that an applicant was not a qualifying person, that person can make a fresh application if s/he considers that s/he would now qualify.[4] This could be the case, for example, where rent arrears have been cleared.

Find details of local authorities on Gov.uk.

[1] s.160ZA(9) Housing Act 1996, as inserted by s.146 Localism Act 2011.

[2] s.160A(10) Housing Act 1996, as inserted by s.146 Localism Act 2011.

[3] s.166A(9)(c) Housing Act 1996, as inserted by s.147 Localism Act 2011.

[4] s.160ZA(11) Housing Act 1996, as inserted by s.146 Localism Act 2011.

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