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.
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.
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.
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.
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.
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.
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.
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.