Your rights if social housing is not meeting your needs

The Equality Act 2010 protects people from discrimination based on their protected characteristics.

If you are classed as 'disabled' under the act:

• this is a protected characteristic and
• you are protected from discrimination when you are renting housing

Check if you are disabled under the Equality Act (Citizens Advice)

Every council has a housing allocations policy or scheme. This sets out how they allocate housing. This must comply with:

• the Equality Act 2010 and
• other housing laws

You can ask to see your council’s housing allocations policy or a summary.

Find your local council (GOV.UK)

Housing associations may follow the council’s policy or have their own. If they have their own, it will also need to follow the same laws.

You can get more information on your housing rights on the Disability Justice Project website.

Accessible housing (Disability Justice Project)

If you do not think your council or housing association is following the law, you can make a complaint. 

[Jump link to H2 Complain to your council or housing association]

Reasonable adjustments 

You can ask your local council or housing association to make reasonable adjustments at any time, including when you are:

• applying for social housing
• a social housing tenant

These can include:

• applying for housing in a way that is accessible to you, for example having forms in different formats
• asking to have adaptations to your home to meet your needs
• communicating in a way that is accessible to you, for example allowing for rest breaks
• changing assessments or inspections at home if you are not well enough to have people in your home

Housing: Asking for reasonable adjustments to help with your disability (Citizens Advice)

When you go on the housing register, your council might offer you a home directly. Or they may:

• ask you to ‘bid’ on a property then
• offer you the property if you are the most eligible bidder

It depends on your area.

They should only offer you a property that meets your needs.

If you think the council has put you in the wrong housing band 

Before you accept a property offer, you can visit it. This is also called a viewing. Going to a viewing does not mean that you have accepted the offer.

It is a good idea to view any property offered. If you go to a viewing and the property is not accessible, the housing officer will also see this.

There are things you can do if the council or housing association has offered a property that is unsuitable for you.

Find out what happens if you refuse a property 

Your council decides how many offers it makes you. You may get only one. It depends on your council.

Contact your local council to find out:

• how many offers they make you and
• what happens if you refuse an offer

This information will also be in their housing allocations policy.

Find your local council (GOV.UK)

If the council has assessed you as having medical priority for housing, this should not change if you refuse a property. But there could be a delay in getting another offer.

Assessments for accessible housing

Get housing advice and support

It may be worth accepting the offer, even if you do not think it meets your needs.

If you turn down the offer, you may have to wait a long time until you get another. There is a shortage of accessible homes.

If you accept the offer, you can ask not to move to the property until your council or housing association have done:

• adaptations or
• a suitability review

A suitability review means the council or housing association must check whether a property they have offered you fits your needs.

Housing suitability reviews (Shelter)

You have the right to ask for a suitability review. Your local council decides how to do the review. For example, how long it takes. Find out by:

• contacting your local council
• reading the housing allocation policy

Find your local council (GOV.UK)

If you are offered an unsuitable council or local authority home (Citizens Advice)

Get advice to help you decide what to do.

Get housing advice and support

Housing advocates

Some properties come with extra services. For example, sheltered housing developments have warden services. A warden is someone who lives there to support residents.

You may be offered a property that has these services. If you accept the property, you must pay for them. This is even if you do not need them.

You cannot pay for them with:

• Universal Credit housing element
• Housing Benefit

You can refuse the offer. But the council may say that it has offered you a property, so it does not need to offer you another.

Get advice on your options.

Get housing advice and support

The council should give you information on how to bid for properties. You normally place bids online, by phone or by text.

Council house banding and bidding for homes

You might want to bid on a property that would meet your needs if it had adaptations.

Ask your council if you can still bid on this type of property. 

They might:

• say that you can and
• agree to do the adaptations before you move in

It depends on your council.

Find your local council (GOV.UK)

You may already live in a property and prefer to have home adaptations instead of moving.

Your local council must assess you for any extra support you need, including home adaptations.

Landlords, disabled tenants and adaptations

This is if you rent from:

• the council or a housing association or
• a private landlord

Getting home adaptations

All local authorities have Disabled Facilities Grant (DFG) schemes. These are:

• for adaptations that cost over £1,000
• means-tested

Find out if you are eligible.

Disability grants for home adaptations

Temporary housing during home adaptations

Your council may refuse you a ground floor flat or bungalow if you are under a certain age. That is even if you need this type of property because of your condition.

The law says that:

• they can reserve some of these properties for people of a certain age, for example 55 or over, but
• they cannot reserve all for this age group

If they do this, it could be disability discrimination.

Disability discrimination and the law 

Ask your council to explain their decision. Send an email if you can. This gives you a record of:

• what you wrote
• when you contacted them

If you talk to them on the phone or in person, take notes to help you remember what was said.

Find your local council (GOV.UK)

You can also use their complaints process.

Complain to your council or housing association

Get advice to help you decide what to say.

Get housing advice and support

Housing advocates

If you are being evicted, contact the council’s homelessness team.

Find your local council (GOV.UK)

You might have already applied for social housing and be on the housing register.

If you have a medical need, you get may extra priority in your housing band because you are at risk of homelessness.

You can ask to have your medical need reassessed if your health or condition has changed.

Priority need (Shelter)

There is support available if you are being evicted.

Eviction (Shelter)

If you rent a property from your local council or housing association, you can normally choose who you live with. There are exceptions.

• Your tenancy agreement might not let other people live with you. For example, if you are in sheltered or supported housing or housing for a certain age group. 
• Too many people living in your property can mean it is overcrowded.

Check if your home is overcrowded by law (Shelter)

Understanding your tenancy agreement (Citizens Advice)

Ask your council if there are any limits about who you can live with.

Find your local council (GOV.UK)

Your council or housing association does not have to tell you about antisocial behaviour from neighbours when they offer you a property.

If you experience verbal or physical abuse during a viewing, tell the housing officer you are with.

If you do not think they have taken it seriously, send an email to your council housing department to say:

• what you have experienced and
• how it made you feel

Find your local council (GOV.UK)

You can refuse an offer if you experience abuse. But it might take you longer to get another offer. That is even if your council agrees that the property is not suitable because of the abuse.

Disability discrimination and the law

If you experience antisocial behaviour from neighbours when you have moved into a property, you can complain. Try to keep a record of what you tell your council or housing association.

They:

• have a duty to consider what you tell them and
• must also decide if they will investigate it further 

Help with antisocial behaviour for social housing tenants (GOV.UK)

The council or housing association has a duty to fix damp and mould if:

• you cannot live in your home because of it
• the cause is something in your home, for example a leaking pipe

If you notice damp or mould during a property viewing, tell the council officer with you. You can also send an email to your council housing department.

Find your local council (GOV.UK)

You can refuse to move in unless they:

• fix the problem
• do a suitability review 

How to deal with damp and mould in social housing (Shelter)

The council or housing association has a duty to make sure any asbestos is safe and sealed.

They must tell you only if there is asbestos in a communal area where you live, for example a stairwell.

They do not need to tell you if it is in your individual property. This is:

• when they offer you the property and
• when you have moved in

Health and safety standards for rented homes (Shelter)

You can complain to your council or housing association if you think they are:

• not meeting your needs
• treating you unfairly
• ignoring you
• discriminating against you

There are various ways to make a complaint. You can:

• use an online form on their website
• send an email
• call them
• send a letter

You can contact the head office of your council or housing association to ask how to:

• make a complaint
• access their complaints policy

The complaints policy will tell you how to make a complaint.

Find your local council (GOV.UK)

If you complain, it is best to email or use an online form on the website. This means you have a record of:

• what you have complained about
• when you made the complaint 

Complain about a council or housing association (Shelter)

You can get advice and support to make a complaint.

Get housing advice and support

if you have made a complaint but you think they are ignoring you, you can:

• find your local councillors (GOV.UK)
• contact your MP (TheyWorkForYou)

You can complain to an ombudsman if you are unhappy with your council or housing association's response.

An ombudsman is an independent person who investigates complaints. You can complain to:

• the Housing Ombudsman if you are a social housing tenant
• the Local Government and Social Care Ombudsman if you are not a social tenant yet, for example if you are on the housing register

You do not have to pay but it can be a long process.

Complaining to an ombudsman (Citizens Advice)

There is support available if you need it.

Get housing advice and support

Housing advocates

You can take legal action against a council or a housing association if you feel you have been discriminated against because you are disabled.

But it can be stressful and take a long time.

Things you should think about before taking action (Citizens Advice)

Free legal advice if you have a housing problem (Shelter)

Some solicitors may offer free advice.

Check if you can get legal aid (GOV.UK)

Finding free or affordable legal help (Citizens Advice)

Find your local Law Centre

You may also be able to get legal support through your:

• home insurance company
• union membership
• charity membership

No win, no fee solicitors may also be an option.

But you may have to pay for legal advice.

Find a lawyer 

The Law Society website has a tool where you can search for different types of lawyers near you. 

You can also refine the results based on access to their building including whether they:

• have induction loops
• provide British Sign Language interpreters
• have step-free access
• accept Legal Aid

Find a solicitor on The Law Society website

If you cannot get help from a lawyer

You can still get information and support from:

• the Scope helpline
• Citizens Advice

There are organisations that can tell you about how housing works in your area. You can contact your local:

• Shelter office
• Citizens Advice 

A housing advocate can give you support to communicate with your council, housing association or landlord.

This might be when you want to:

• challenge a decision they have made
• make a complaint about your treatment

They can go with you to meetings to support you to express your views. They do not make decisions for you but can give you information about your options. 

Advocates are:

• free to use
• trained professionals or volunteers
• independent of councils and housing associations

Get help from an advocate

You can also ask a family member or friend to be your advocate.

Being an advocate for a disabled friend or family member

You can find local advocacy services from:

• your local council 
• your local Citizens Advice
• Disability Rights UK

Using a representative

A representative is different to an advocate. They can:

• speak or act for you
• make decisions on your behalf 

This might be in a tribunal or in court.

A representative could be a:

• lawyer
• family member or
• friend