Homelessness & Council Housing Solicitors

A council's decision that you are not homeless — or that your priority need is not met — is not final. It can be challenged, reviewed, and overturned.

Local authorities have complex statutory duties towards homeless people under the Housing Act 1996 and the Homelessness Reduction Act 2017. Where a council makes a decision that you are not eligible, not in priority need, or are intentionally homeless — or allocates housing that is unsuitable for your needs — you have legal rights to request a review and, where the review fails, to appeal to the county court on a point of law. A solicitor will identify the grounds for challenge and manage the process.

Homelessness duty decisions challenged Suitability of accommodation reviews Housing register allocations Legal aid often available

Your Rights

Homelessness and council housing — the decisions you can challenge.

Local authority homelessness decisions involve several legal tests — each of which can be the basis for a challenge. A solicitor identifies which test has been wrongly applied and advises on the fastest route to correction.

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Eligibility for homelessness assistance

Not all applicants are eligible for homelessness assistance — eligibility turns on immigration status and habitual residence. Where a local authority has assessed ineligibility incorrectly — for example by misapplying the rules on qualified persons, habitual residence, or discretionary eligibility — a review and appeal can correct the decision. A solicitor will check the eligibility determination against the applicant's immigration status and residence history.

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Priority need and the main housing duty

To be owed the main housing duty, an applicant must be in priority need. Priority need categories include dependent children, pregnancy, vulnerability (due to mental health, physical disability, fleeing domestic abuse, or other special reason), and age (16–17 year olds and care leavers under 21). Where a council concludes there is no priority need without properly investigating the applicant's circumstances — particularly vulnerability — the decision can be challenged. A solicitor will advise on the grounds for challenging a priority need refusal.

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Intentional homelessness

A finding of intentional homelessness significantly restricts the duty owed. The council must show that the applicant deliberately did something — or failed to do something — in consequence of which they ceased to occupy accommodation that was available and reasonable to continue to occupy. Where the council has made a finding of intentionality without properly considering relevant circumstances — mental health, domestic abuse, financial crisis — it can be challenged at review and appeal. A solicitor will build the case against the intentionality finding.

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Suitability of accommodation

Where a local authority offers accommodation in discharge of its housing duty, the accommodation must be suitable for the applicant and their household. Suitability assessments must consider size, location, condition, affordability, and the specific needs of the household — including children's schooling, medical appointments, and the impact on employment. An applicant can request a review of suitability and, where the review upholds the offer, appeal to the county court. A solicitor will assess the offer against the suitability criteria.

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Housing register allocations and waiting lists

Local authorities must operate an allocation scheme for social housing that complies with the Housing Act 1996. Where an applicant has been incorrectly assessed for housing need, denied a medical or welfare priority, removed from the register, or allocated housing by a procedure that did not follow the published scheme, a complaint and judicial review are available. A solicitor will review the allocation decision against the published scheme and advise on grounds for challenge.

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Section 21 review requests and county court appeals

Most substantive homelessness decisions carry a right to request a review within 21 days of the decision letter. Where the review upholds the original decision, there is a further right of appeal to the county court on a point of law — which must be lodged within 21 days of the review decision. Both deadlines are strict. A solicitor will ensure the review request is submitted in time, make the strongest possible case on review, and manage the county court appeal where needed.

How It Works

A council decision is not final — but the deadline to challenge it is 21 days and it cannot be extended.

Legal aid is usually available for homelessness cases. A solicitor will advise on whether the decision is wrong, the grounds for review, and how to make the strongest possible case within the deadline.

Submit Your Request
1

Describe the council's decision

Tell us what decision was made, when the letter was received, and the basis given — eligibility, priority need, intentionality, or suitability.

2

Solicitor identifies grounds for challenge

A housing specialist reviews the decision letter and identifies whether the council applied the law correctly — and the strongest grounds for review.

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Legal aid confirmed — free consultation

You receive advice on your grounds for challenge and legal aid eligibility — at no cost and with no obligation.

Act Within 21 Days — Legal Aid Available

A council decision that is wrong is still wrong after 21 days. But you can only challenge it within that window.

If you have received a homelessness decision you believe is incorrect, take legal advice immediately — the clock is running.

Challenge This Decision

Common Questions

Homelessness & council housing — what people ask us.

The council says I am intentionally homeless because I didn't pay my rent. Is that right?

Not necessarily. An intentionality finding requires that the accommodation lost was reasonable to continue to occupy — which requires considering whether the rent was genuinely affordable given the applicant's income and circumstances, whether there were mental health or other reasons contributing to the non-payment, and whether the council gave the applicant the opportunity to explain the circumstances. A solicitor will assess whether the intentionality finding was properly made and advise on the grounds for challenge at review.

The council has offered me a flat in an area where I have no connections. Do I have to accept it?

No — you have the right to request a review of the suitability of any offer. Suitability includes the location of the accommodation relative to your children's schools, your work, your support network, and any medical needs. A flat in an entirely different area from your connections may be unsuitable — particularly if it would mean your children changing schools mid-year, or disrupting medical care. A solicitor will assess the offer against the statutory suitability criteria and advise on the prospects of a review.

I was told I am not in priority need. Can I challenge this?

Yes. The priority need assessment must properly consider all relevant circumstances — particularly vulnerability due to mental illness, disability, or other special reason. Councils sometimes fail to make adequate enquiries into vulnerability, or apply the test too narrowly. A solicitor will assess whether the council gathered the right information, applied the correct legal test, and gave proper weight to your circumstances. Where it did not, the decision can be challenged at review.

The council has placed me in temporary accommodation. How do I get into permanent housing?

Temporary accommodation is provided while the main housing duty is being met — it does not settle your entitlement to permanent social housing. Social housing is allocated through the housing register according to the local authority's allocation scheme. You should register on the housing register immediately, ensure your housing need is properly assessed (including any medical or welfare priority), and bid on properties as they become available. A solicitor can ensure your assessment is correct and challenge any decision that undersells your need.

Is legal aid available for homelessness cases?

Yes — legal aid is available for homelessness cases where the merits and means tests are satisfied. The means test for homelessness legal aid is relatively flexible given that many applicants are in financial difficulty. Legal aid covers advice on reviews and appeals, and representation in county court homelessness appeals. A solicitor will confirm eligibility at the first consultation and ensure you are not left without representation because of an inability to pay.

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