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In Brief
Social housing is allocated by local authorities through schemes giving reasonable preference to those in housing need (Housing Act 1996, Part VI). The Homelessness Reduction Act 2017 extended council duties: prevention duty (within 56 days of being threatened with homelessness), relief duty, and main housing duty for those in priority need. Council tenants have secure tenancies and a right to buy (Housing Act 1985) with discounts up to £116,200 in London. Adverse homelessness decisions can be reviewed and appealed to the county court.
Egwyddorion craidd
Allocation Schemes — Local authorities must have an allocation scheme for determining priority (Housing Act 1996, Part VI). Reasonable preference categories include homelessness, overcrowding, and medical need.
Homelessness Duties — Under Part VII Housing Act 1996 (as amended by HRA 2017), authorities owe duties to prevent homelessness, relieve homelessness, and provide accommodation for those in priority need.
Priority Need — Includes pregnant women, families with children, vulnerable persons, and those homeless due to an emergency.
Intentional Homelessness — A person is intentionally homeless if they deliberately did or failed to do something that caused loss of accommodation.
Right to Buy — Secure tenants of councils can buy their home at a discount (Housing Act 1985, Part V). Discount depends on length of tenancy.
Secure Tenancies — Council tenants have security of tenure; can only be evicted on specified grounds with a court order.
Regulation — The Regulator of Social Housing sets standards for social landlords on governance, financial viability, and consumer standards.
Statudau allweddol
Housing Act 1985
Housing Act 1996
Homelessness Reduction Act 2017
Achosion arweiniol
Nzolameso v Westminster City Council
[2015] UKSC 22
Hotak v Southwark LBC
[2015] UKSC 30
Senarios cyffredin
Facing homelessness and approaching the council
The council has duties to assess, prevent, and relieve homelessness. If in priority need and not intentionally homeless, the council must secure accommodation. Right to review and appeal.
Exercising the right to buy
Secure tenant with at least 3 years' qualifying tenancy can apply. Discount up to £87,200 (or £116,200 in London). Council has 8 weeks to respond.
Related Careers
Frequently Asked Questions
How does the council decide who gets social housing?
Local authorities must have an allocation scheme that gives reasonable preference to people in housing need under the Housing Act 1996 Part VI. Reasonable preference categories include homeless people, those in overcrowded or unsanitary housing, those with medical needs, and those with social needs. The allocation scheme determines how points or banding are assigned. Offers are matched to applicants based on priority and property availability.
What are my rights if I become homeless?
Under Part VII of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017), local authorities owe a prevention duty (if threatened with homelessness within 56 days), a relief duty (if already homeless), and a main housing duty (to those in priority need who are homeless unintentionally). Applicants have a right to request a review of adverse decisions and to appeal to the county court on a point of law.
What is the right to buy and who is eligible?
Secure tenants of local authorities (and some housing association tenants under the Preserved Right to Buy) can buy their home at a discount under s.118 Housing Act 1985. Eligibility requires at least 3 years as a public sector tenant. The discount ranges from 35–70% for houses and 50–70% for flats, subject to a maximum (£87,200 outside London; £116,200 in London as of 2024). Discount must be repaid if the property is sold within 5 years.
What is a secure tenancy and how does it differ from an assured tenancy?
A secure tenancy is granted by a local authority to a council tenant under the Housing Act 1985. It provides security of tenure — the tenant can only be evicted on specific statutory grounds with a court order. An assured tenancy is granted by a private landlord or housing association under the Housing Act 1988. Assured shorthold tenancies (a form of assured tenancy) provide less security — landlords can recover possession using the s.21 no-fault procedure (until it is abolished).
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
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