Riccardo Calzavara

This Practice Note discusses the allocation of housing accommodation by a local housing authority (LHA) under the Housing Act 1996, including the exceptions where allocation does not apply. It covers the LHA’s duties and responsibilities relating to the allocation of accommodation; the requirement to publish an allocation scheme setting out the procedure to be followed; choice-based letting schemes; and categories of people who are ineligible for accommodation.

This Practice Note explains that a local housing authority must allocate accommodation with reasonable preference to applicants who fall within the reasonable preference categories under the Housing Act 1996. It sets out what these reasonable preference categories are, as well as the factors that must be taken into account when determining priorities between applicants. It refers to other considerations such as an applicant’s financial resources, behaviour, and connections to a district through living, working or having family there.

This Practice Note explains that a local housing authority (LHA) can allocate housing accommodation as it considers appropriate based on the needs of the local community formulated into a published allocation plan. If an application is made, it must be considered and a decision made based on the application of the published allocation criteria. The applicant has the right to request a review of the refusals and be informed of the decision on review and the grounds for it. It explains when a challenged is governed by statute or should be brought by way of judicial review.

This Q&A deals with local authorities' ability to fell trees which are protected by Tree Preservation Orders.