Allocation—decisions and reviews
Produced in partnership with Kerry Bretherton QC of Tanfield Chambers and Riccardo Calzavara of Cornerstone Barristers

The following Local Government practice note produced in partnership with Kerry Bretherton QC of Tanfield Chambers and Riccardo Calzavara of Cornerstone Barristers provides comprehensive and up to date legal information covering:

  • Allocation—decisions and reviews
  • Applications for housing—decisions
  • Homelessness
  • Reviews of decisions
  • Eligibility and qualification
  • Unacceptable behaviour
  • Wales
  • Reviews on preference
  • Judicial review
  • Repeat applications

Allocation—decisions and reviews

Coronavirus (COVID-19): The Department for Levelling Up, Housing and Communities, in collaboration with Public Health England, has produced non-statutory guidance to support landlords with allocating social homes. The guidance contains information on how local authorities and housing associations consider using existing homes that become available during the coronavirus (COVID-19) crisis. The government makes clear that allocation by local housing authorities continues to be governed by Part VI of the Housing Act 1996 and authorities must have regard to statutory guidance. See further: Coronavirus (COVID-19)—social housing tracker [Archived]—Government guidance and LNB News 28/04/2020 53.

Applications for housing—decisions

A local housing authority (LHA) must consider every application for an allocation of accommodation made in accordance with the procedural requirements of its allocation scheme.

Providing that demonstrably proper consideration has been given, it is unlikely that the court will interfere with the approach of the LHA. In R (Heaney) v Lambeth LBC, Collins J dismissed the claim for judicial review on the grounds that the approach of the LHA was not unlawful.

An LHA must provide, free of charge, any necessary assistance in making such an application.

Once an application has been received, there is no statutory time limit within which the LHA must make a decision. However, any undue delay from the LHA in processing an application may render it vulnerable to complaint and investigation from the Local Government and

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