Allocation of housing
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 of housing
  • When an allocation occurs
  • When an allocation does not occur
  • Transfers
  • The allocation scheme
  • Advice and information
  • Choice-based letting schemes
  • Discrimination

Allocation of housing

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.

The allocation of social housing by local housing authorities (LHAs) in England and Wales is regulated by Pt VI of the Housing Act 1996 (HA 1996). The HA 1996 consolidated all previous legislation governing social housing supply and has in turn been significantly amended under the Homelessness Act 2002 (HA 2002), the Housing and Regeneration Act 2008, the Localism Act 2011 (LA 2011), and the Housing (Wales) Act 2014. It has also been amended by various statutory instruments, namely: the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010, SI 2010/866, the Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012, SI 2012/2989, the Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013, SI 2013/630, and the Anti-social Behaviour, Crime and Policing Act 2014 (Consequential Amendments) (Wales) Order 2015, SI

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