Housing Law Solicitors
Local authorities have a duty to house people who are homeless or threatened with homelessness, in certain circumstances. We understand that getting the help you need can be difficult and can feel like a very lonely experience. If you feel you’ve been let down by your local housing authority, we could help.
Following recent reforms to the law, whether a local authority has a duty to help or not, is more complicated than ever. We’re recognised leaders in this field will approach your case sensitively and provide you with clear advice to help you understand your position.
We have a fearsome reputation and an excellent track record for successfully challenging unlawful decisions made by local authorities. We can help support your case, whether it’s an internal review with a local authority housing officer or taking a challenge to the Supreme Court.
It’s our experience that the earlier you seek advice about your position, the quicker your issue may be resolved.
Local authorities in England don’t have to automatically assist everyone who approaches them as homeless. Rather, they’ll only have a duty to house those who meet the following criteria:
An applicant must be eligible for assistance
This is generally a question of immigration and nationality and the rules are quite complex.
An applicant must be homeless or threatened with homelessness within 56 days
This is generally where the applicant has no accommodation available to them or no accommodation that is reasonable to continue to occupy.
An applicant must be in priority need
The local authority should determine whether, if homeless, the applicant would be significantly more vulnerable than an ordinary person would be if they became homeless. There are special classes of people who will not need to show this, such as pregnant women or those with dependent children.
An applicant must not have become homeless intentionally
Essentially, this means an applicant must not have done something deliberately that has caused the loss of accommodation. The most common example of this is where someone has lost their home as they failed to pay rent.
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Call one of our team to discuss your housing situation, your rights and how we can support you through this challenging time in your life.
Head of Housing Law & Partner
In 2018, the law on homelessness was significantly reformed by placing duties on local authorities to intervene at earlier stages to prevent homelessness in their areas. It also placed duties upon local authorities to provide homelessness services to all those affected, not just those who have priority. These are called the initial duties and include:
Housing authorities must assess all cases where an eligible applicant is homeless or threatened with homelessness. This will identify:
Following this assessment, the housing authority must work with you to develop a personalised housing plan which will include actions to be taken by yourself and the authority to try and prevent or relieve homelessness. This must be given to the applicant in writing.
A failure to perform this duty is unlawful and could be subject to a Judicial Review, legal aid is available for this.
If you’re unhappy with the findings of the assessment, then you have a right to request a statutory review of the plan. This must be requested within 21 days of receiving the plan.
If you’re eligible for assistance and are threatened with homelessness, the authority must help prevent homelessness within 56 days.
This means either helping you stay in their current accommodation or helping you find a new place to live before they become homeless
For example, if you’re served with a valid eviction notice, you’ll be threatened with homelessness as you’re likely to become homeless within 56 days.
Any decision under this section carries a right to a statutory review, this must be requested within 21 days of receiving the decision.
A failure to perform this duty (usually by not making a decision) is unlawful and could be subject to a Judicial Review, legal aid is available for this.
If you’re already homeless (or become homeless during the prevent stage) and are eligible for assistance, the authority must help relieve your homelessness within 56 days.
If the housing authority has reason to believe you may be eligible for assistance and have a priority need, they must be provided with emergency accommodation.
Any decision under this section carries a right to a statutory review, this must be requested within 21 days of receiving the decision. Legal aid is available for these reviews. A failure to perform this duty (usually by not making a decision) is unlawful and could be subject to a Judicial Review, legal aid is available for this.
If homelessness isn’t successfully prevented or relieved, a local authority will owe the main housing duty to you if you have a priority need for accommodation and are not homeless intentionally.
Under the main housing duty, local authorities must ensure that suitable accommodation is available until the duty is brought to an end, usually through the offer of a settled home.
Any decision under this section carries a right to a statutory review, this must be requested within 21 days of receiving the decision. Legal aid is available for these reviews. Failure to perform this duty (usually by not making a decision) is unlawful and could be subject to a Judicial Review, legal aid is available for this.
Accommodation provided by the authority must always be suitable. This could mean making sure the property has enough space for your family or is adapted according to any disabilities you may have.
Generally, decisions about suitability carry a statutory right to review and legal aid is available for this.
“Edward Sharp has outstanding technical knowledge of housing law and wider property law; he also has a thorough understanding of the litigation process and knows what works best to prepare a case for trial.”
Housing authorities must give you a written notification when they reach certain decisions about your case, and the reasons behind any decisions that are against your interests. You can ask the housing authority to review most aspects of their decisions, and, if still dissatisfied, can appeal to the county court on a point of law.
Any statutory review or appeal must be requested within 21 days of receiving the decision.
Housing authorities have the power (but not a duty) to accommodate applicants pending a review or appeal to the County Court. See our post on appeals for more information.
“In the last few years, the Social Housing team at Hodge Jones and Allen has gone from strength to strength and are now one of the largest and most prominent firms in this sector. They have been involved in some of the most notable cases before the Court of Appeal and Supreme Court in the last couple of years…”
Our expert team is committed to providing a first-class service to all our clients. We understand the severity of becoming homeless, therefore, we’ll always work very hard to change this outcome and keep a roof over your head.
We’re recognised as one of the highest ranking law firms for social housing and tenant law in the UK. We are one of only four firms in the UK to be listed as a Tier 1 firm for this area of law in the Legal 500 guide. We’re also recommended as a leading team in housing law by Chambers UK.
We hold a legal aid contract to provide free legal help to those who qualify. We’ll assess your case and provide you with sensible advice as to whether your application has been dealt with correctly and lawfully. If the local authority hasn’t dealt with your application in such a way, then we’ll assist you to challenge their decision with the aim of having that decision overturned.
Our Solicitors are passionately committed to defending the rights of those in need of housing. We will fight vigorously to get the best possible result we can achieve.
Local Authority Misadvice and Procedural Errors
This appeal was made against a decision where our client had rejected what was considered to be a suitable offer of accommodation. He was told that he needed to reject the offer before appealing. The information provided was incorrect and misleading. The appeal was allowed as the Judge accepted both that the advice given was misleading and that the client had relied on this which lead to an unfair procedure. Our client was vulnerable with disabilities and it had always been accepted the Local Authority had an initial duty to house him. Our Housing Team fights these cases to ensure vulnerable homeless individuals are not denied a place to live.
Homelessness Appeal Against Westminster Council
A homeless appeal was lodged when Westminster Council failed to respond to a review of the decision to stop assisting our client to find housing. Westminster settled the case and re-instated the duty to assist our client. Westminster then found she wasn’t in priority need for accommodation. The letter didn’t address any of the letters in support of the client, particularly from the mental health team who described her as at risk. The court found that the evidence from the mental health team “opened the door” to a finding of priority need, and the conclusions from the council didn’t give any reasons to explain why they disagreed. Westminster Council therefore gave priority need.
“The firm has an outstanding client-centred approach. They are responsive, dedicated, and committed to achieving the best outcomes by being approachable and providing effective solutions.”
All authorities must consider all applications for housing assistance, and if they have reason to believe that an applicant may be homeless or threatened with homelessness, they must make inquiries to see whether they owe them any duty.
If they haven’t, then they’re acting unlawfully, and you should seek advice as to whether you may challenge this by way of judicial review.
Yes. Whilst the authority carries out an assessment and any inquiries as to what duty they owe you, they should also provide you with emergency accommodation. If they fail to do so then you may be able to seek a judicial review to require them to do so, you may be entitled to legal aid to bring this claim.
Your local authority must make a decision giving reasons as to why they say you’re not in priority need. You will have 21 days to request a review of this decision, setting out why you disagree with the decision.
You can also ask the local authority to accommodate you whilst the review is ongoing. There is no duty for them to do so, but they must consider your request. The local authority will complete the review within 56 days. You may be entitled to legal aid for assistance with your review.
Hodge Jones & Allen’s housing solicitors are recognised by Chambers & Partners as one of the leading firms in the field. We are also noted by Legal 500 for our depth of expertise and our compassionate, client‑focused approach. You can be confident that our team is highly experienced in managing even the most complex and challenging housing law matters.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.
