STOP PRESS: This content is under review to assess the impact of The Equality Act 2010 (Amendment) Regulations 2023, updated Equality Act guidance or other guidance. For further details, see New Analysis: Equality Act 2010 to be amended from 1 January 2024 to preserve EU rights, LNB News 18/12/2023 79 and LNB News 19/12/2023 93.

The Localism Act 2011 made important amendments to Part VI of the Housing Act 1996 (HA 1996): the Allocation of Housing Accommodation. An important amendment was the introduction—in England only, not in Wales—of ‘qualification’ for allocation, as well as ‘eligibility’.

Now, in England, if a person is eligible for an allocation of housing(broadly, if they have the correct immigration status, see Practice Note: Allocation—eligibility) but is not a qualifying person then they cannot be allocated housing accommodation by a Local Housing Authority (LHA).

This Practice Note deals with the meaning of qualifying person, as well as including different classes of qualifying persons, the interplay between that concept and the notion of reasonable preference discussed in Practice Note: Allocation preference .