Challenging the council’s decision about your housing application

If you’re from the EU, Norway, Switzerland, Iceland or Liechtenstein

You can only get housing help if you have:

• British citizenship and can prove you’re ‘habitually resident’ - for example, if you have dual nationality
• indefinite leave to remain or settled status from the EU Settlement Scheme
• pre-settled status from the EU Settlement Scheme and another ‘right to reside’
• limited leave to remain and you have ‘recourse to public funds’ - this means you can claim benefits and get help with housing

You might also be able to get housing help if you both:

• applied for settled or pre-settled status by 30 June 2021 and are waiting for a decision
• have a right to reside now – and you also had a right to reside on 31 December 2020

If none of these apply to you, you might be able to make a late application to the EU Settlement Scheme. You’ll need to have a good reason for missing the deadline of 30 June 2021. You can check how to make a late application.

If the council says you don't have a local connection

Some councils need you to have a ‘local connection’ to be put on their waiting list. This usually means you’ll need to have been living in the area for a certain period of time or have family living nearby.

Check the council’s rules about local connections - you should be able to find this on their website.

If you can’t find the rules on the website email the council and ask them to send you a link.

Explain in your letter why you think you meet their local connection requirements - give as much detail as possible.

If you have any evidence include it with your letter to the council or show it to them if you go to an interview.

You could include:

• bills and tenancy agreements - to show how long you’ve been living in your area
• bills and tenancy agreements for close family members - to show they live in the area
• a letter from your employer or your employment contract - to show you work in the area

If the council says you have rent arrears or other debts

Some councils won’t put you on their waiting list if you have ‘rent arrears’ - this is money you owe because you’ve fallen behind with your rent payments. They might also refuse to put you on the waiting list if you have other debts, for example housing benefit overpayments.

The council could change their decision if you can prove you’re making arrangements to pay back what you owe. You should also explain if there was a good reason for why you got into rent arrears, for example because of health reasons.

Check if you could make an agreement to repay your arrears. This will normally involve paying back what you owe over a longer period of time.

If you can make a repayment agreement you should include evidence of it with your letter to the council or show it to them if you go to an interview.

If the council says you have a history of unacceptable or anti-social behaviour

Some councils won’t put you on their waiting list if you have a history of unacceptable or anti-social behaviour, or if you’ve broken the rules in a tenancy agreement.

If you don’t think it was your fault or you’ve sorted out any problems, you should explain this in your letter.

This council could change their decision if:

• the person involved in the problems doesn’t live with you any more

• the problems were a long time ago and you’ve had no recent complaints
• your anti-social behaviour was related to a disability and you were discriminated against - check the rules about discrimination in housing

If you have any evidence to prove this you should include it with your letter to the council or show it to them if you go to an interview.

If the council hasn’t understood your health or disability circumstances

You should be given priority on the housing waiting list if you need to move because of medical or welfare needs.

Check your council’s rules to see what priority you should have been given because of your health or disability needs.

If you think you think you should have been given a different priority but the council hasn’t taken your needs into account ask your doctor or support worker to write a letter explaining why.

Include this with your letter or email to the council, or show it to them if you go to an interview.

Your current home is overcrowded

You should be given a priority on the waiting list if there are too many people in the home you live in now - this is called ‘overcrowding’. If the council left out members of your household when making their decision they might not think you have a priority for housing.

Check the council’s rules about overcrowding - you should be able to find this on their website. Call the council and ask them to explain their rules if you can’t find them online.

Explain in your letter why you think your circumstances mean you’re living in overcrowded conditions - give as much detail as possible about who lives in your home.

If you have any evidence include it with your letter to the council or show it to them if you go to an interview. For example, birth certificates or benefits statements to show who is living with you.

If the council says you have rent arrears or other debts

Some councils won’t give you a priority on the waiting list if you have ‘rent arrears’ - this is money you owe because you’ve fallen behind with your rent payments. They might also refuse to give you a priority if you have other debts, for example housing benefit overpayments.

The council could change their decision if you can prove you’re making arrangements to pay back what you owe. You should also explain if there was a good reason for why you got into rent arrears, for example because of health reasons.

Check if you could make an agreement to repay your arrears. This will normally involve paying back what you owe over a longer period of time.

If you can make a repayment agreement you should include evidence of it with your letter to the council or show it to them if you go to an interview.