The local authority is responsible for the allocation of social housing in its area. Social housing is often referred to as ‘council housing’. The type of housing allocated will be permanent accommodation and can include different types of housing such as:
To apply for a local authority allocation of social housing, a person must apply to the housing register. However, a person may also be able to apply directly to a social housing provider for a tenancy.
The rules determining eligibility for an allocation of social housing from the local authority are the same as those regarding homelessness assistance (see page 2 on eligibility).
However, a local authority will set additional eligibility requirements for social housing allocation, such as around a person’s behaviour or rent arrears history. Each local authority is required to have an allocation scheme under Part 6 of the Housing Act 1996. This includes local authorities have who have transferred housing stock to a private registered provider of social housing. This allocation scheme must make clear the council’s policy for allocating accommodation, the application process, and any criteria that applicants must meet. The allocation scheme sets out which people will have ‘priority need’ for housing.
Local authorities are also required to provide free advice and information to anyone regarding an application for housing assistance.
When a person is an existing social housing tenant, the eligibility requirements do not apply. Therefore, if a person experiences a change in immigration status and no longer meets the eligibility requirements for a local authority housing allocation, this will not affect their ability to remain in their current tenancy. For example, if a person loses access to public funds upon renewing their leave to remain, they will still be able to stay in their current social housing tenancy. However, when a person is a tenant in privately rented accommodation, the landlord may be required to conduct additional right to rent checks. In all circumstances, if a person loses access to public funds or employment due to a change in immigration status, leading to the cessation of benefits or a loss of earnings, they should seek advice from a housing adviser. They may be at risk of accumulating rent arrears, which can result in the landlord ending the tenancy.
Housing eligibility rules can be complex, particularly when a person is living in a 'mixed household', where members have different types of immigration status, as this can affect what assistance the eligible person is entitled to. In such cases, specialist housing advice may need to be obtained.
For housing allocations, the eligibility criteria apply only to the main applicant themselves. When a person who is eligible for housing has family members within the household who are ineligible and have no recourse to public funds, in some circumstances the local authority may need to consider them in the type of accommodation offered, for example if the ineligible person is a dependent child under the age of 18.
Only eligible applicants can be offered a tenancy. This means that a non-eligible person cannot be offered a tenancy or be a joint tenant. However, when assessing the needs of the applicant, all household members, whether eligible or not, must be taken into account. This is because local authorities must give preference to applicants with children or those living in overcrowded conditions, regardless of the eligibility of those children or other residents.
When a council or housing association tenancy is allocated to a person through the Council’s register or lettings system, then this will usually be provided as a joint tenancy if they have a partner in their household.
However, when the partner is subject to the 'no recourse to public funds' (NRPF) condition, a joint tenancy cannot be issued. Instead, the main applicant can be given a sole tenancy and their partner will not be considered to have accessed public funds.
For more information, see the Home Office guidance: Public Funds.
Cases with mixed households are complex and may require specialist housing advice. Find housing advice.
