Can I get a rented home through the local council?

This page is for new arrivals. If you are a housing adviser please click here for information more relevant to you.

Applying for housing in Scotland from the local authority

Those who can apply to go on the council housing list or allocation scheme include people who:

• are homeless (even if the council has no duty to help them)
• in temporary accommodation
• in overcrowded or unhealthy conditions
• need to move for work or family reasons
• need different accommodation because of age, illness or disability
• want more secure or cheaper housing
• are existing council or housing association tenants who want to move.

How do you apply for housing from the local authority?

There are two ways you can apply for permanent housing from your local authority:

• as a homeless person; or
• through its allocation scheme (this is also sometimes called the housing register or waiting list).

What is a local allocation scheme?

Local councils in Scotland set their own policies for running their housing lists, with guidance from the Scottish Government. These policies cannot discriminate directly or indirectly against particular nationalities or ethnic groups (for more on this see the page on what is discrimination?) These policies do not affect homelessness assistance which is established under Scottish law.

Who can apply?

Anyone can apply to be selected but you can only be offered accommodation if you (the applicant) are eligible as determined by your immigration status and residence. If you have limited leave or leave with conditions (such ‘no public funds’) it may affect your future right to remain in the UK, so you should get advice before you consider applying.

If you are eligible you can go on to the list and include in your application anyone who can reasonably be included as part of your family or household, whether they are eligible or not. Their circumstances (such as overcrowding or medical needs) will also count towards the priority you get.

What are local qualification conditions?

Every housing authority has to have a scheme under which they allocate housing to housing applicants. Most authorities give some priority to people who have a local connection with the area.

Local authorities then have to prioritise the applications for any housing where demand exceeds supply. They must give priority to those living in poor conditions, people in social or medical need and those who are homeless. New long-term local authority tenancies and nominations to housing associations can only be granted to people on the list.

Local councils have different ways of allocating property but most use a choice-based lettings system. You apply, go on the list and are given points for the level of need that you have. Any available homes from the council and housing associations in the area are advertised in local housing offices, on the internet, in the local paper and other places, and you can bid for them if they are the type of home that you want. The home is allocated to the bidder with the highest number of points.

Some councils run their allocations scheme jointly with other local councils so that you can bid for homes from a much wider area.

A few councils still operate a different system. You still go on to a list and get points for your level of housing need (medical, social, housing conditions, homelessness, time waited and so on). When a home becomes vacant, the person with the highest number of points is offered it. If you refuse it, you may lose your place on the list, or be refused further temporary accommodation if homeless.

Sometimes, councils refuse to put eligible applicants on the housing register because they do not understand the law. If this is because of your immigration status, but you are eligible, this is called discrimination. There is information about what you can do about this in the page on challenging discrimination.

Applying for housing in Northern Ireland from the Housing Executive

Those who can apply for the Housing Executive’s housing selection scheme include people who:

• are homeless (even if the council has no duty to help them)
• are in temporary accommodation
• are overcrowded or who share facilities for bathing, sanitation or food preparation with another household
• occupy a dwelling in serious disrepair or which the conditions are prejudicial to health
• need different accommodation because of age, illness or disability
• are existing council or housing association tenants who want to move.

How do you apply for housing from the Housing Executive?

There are two ways you can apply for social housing from the Housing Executive:

• as a homeless person who has a ‘priority need’; or
• through its housing selection scheme (this is also sometimes called the housing register or waiting list).

This page tells you how to apply for housing through the housing selection scheme. To apply because you are homeless, go to this page.

What is the housing selection scheme?

In Northern Ireland the Housing Executive has a selection scheme by which people who have a connection with Northern Ireland can apply for a home and be offered a secure or introductory tenancy with the Executive or with a housing association.

By law the Executive must comply with its own selection scheme rules and these rules must take account of your immigration/residency status. The Executive’s scheme rules require it to give priority for your selection based on your housing need.

Who can apply?

Anyone aged 18 or over can apply to be selected but you can only be offered accommodation if you (the applicant) are eligible as determined by your immigration status and residence. If you have limited leave or leave with conditions (such ‘no public funds’) it may affect your future right to remain in the UK, so you should get advice before you consider applying.

You can also apply if you are aged 16 or over but you will only be selected if you meet certain other conditions (e.g. if you are a care leaver) or otherwise when you reach age 18.

When the Executive decides your priority for housing and if you qualify it must comply with any national legislation and its own scheme rules. You should be offered a tenancy if:

• you (the applicant) are eligible for housing due to your immigration/residency status (but you do not have to meet this requirement if you are already a council/housing association tenant and you want to move)
• you meet the age criteria
• you have a ‘connection with Northern Ireland’
• you are not disqualified due to unacceptable behaviour, and
• you have a housing need that has a high enough priority.

You must also complete the application form and renew your application each year.

Who has a ‘connection with Northern Ireland’?

You will meet the condition to have a connection with Northern Ireland if you or a member of your household:

• are, or have been at any time in the past, resident there
• are employed or genuinely seeking work there or
• have a substantial connection with Northern Ireland for some other reason.

To be resident in Northern Ireland requires more than your physical presence. You must be settled and making your life there.

Who can be disqualified for unacceptable behaviour?

You are ineligible for selection if you or a member of your household have been involved in unacceptable behaviour that is serious enough that had you been a secure tenant the Executive could have recovered possession. Examples include if you have been found guilty of causing nuisance or annoyance to other residents, have a serious criminal conviction or have caused damage to a property.

How is priority for housing decided?

If your application is accepted the Executive must decide your priority compared to other people applying based on housing need. Your housing need is assessed in terms of three criteria:

• Insecurity of tenure: you or a member of your household are homeless, threatened with homelessness or live in temporary accommodation. You are assessed as having a priority if the Executive would have a duty to find you a permanent home (e.g. because you are responsible for a child).

• Housing conditions: you live in overcrowded or unhealthy conditions.
• Health and social wellbeing assessment: you are assessed for your ability to manage in your current home according to how your disability, support needs or other difficult social factors (such as domestic abuse) might be assisted through re-housing.

How does the Executive make an offer of housing?

The Executive assesses your priority for selection based on the criteria above. You are awarded points in each of these categories according to pre-determined circumstances which are set out in the Housing Selection Scheme leaflet (pdf) (see points schedule). Points for each of the three criteria can be awarded based on your circumstances or any other household member included in your application. Priority for selection is given to the applicant who has the highest number of points.

However, you do not get points for insecurity of tenure if you would not have been considered homeless, threatened with homelessness or in priority need but for a member of your household who:

• requires leave but does not have it, or
• has leave with a ‘no public funds’ condition.

What happens if I refuse an offer?

Under the selection scheme rules you have the right to two reasonable offers of accommodation. Once you have been made an offer you will not be considered for another until you have accepted or refused it. If you refuse both offers you will not be made another until at least one year has passed. Any offer made must be reasonable – this means it must be suitable in terms of its size (considering your household), location (taking account of your place of work, schools and support needs) and it must be fit for habitation.