Local authority decisions on eligibility for accommodation allocation

Rules on notifying decisions on eligibility for accommodation allocation, making a fresh application, and requesting a review.

This content applies to England

Ineligible applicants

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

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 they are ineligible or not a qualifying person. The applicant must be informed of the review decision and the grounds for it.[3]

Fresh application

If a local authority decided that an applicant was not a qualifying person, that person can make a fresh application if they consider they would now qualify.[4]

This could be the case, for example, where rent arrears have been cleared.

Last updated: 3 March 2021

Footnotes

  • [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.