Disabled Tenant Housing Priority in England: Your Rights Explained

Disabled tenants in England have specific legal rights when it comes to accessing social housing and seeking reasonable adjustments to their accommodation. If you, or someone you know, is disabled and wondering whether disabled tenants are given priority for housing, this guide explains your entitlements, the application process, and how to get support if you face barriers.

How Does Priority for Social Housing Work for Disabled People?

Councils in England manage waiting lists for social (council or housing association) housing. Disabled applicants are often given higher priority if their current housing is unsuitable due to their disability or health condition.

• Reasonable preference: By law, councils must give 'reasonable preference' to certain groups, including people who need to move for medical or welfare reasons (such as a disability).
• Medical needs and adaptations: If you need housing that is physically accessible or adapted, this can increase your priority.
• Bidding for properties: Many social housing waiting lists use a bidding system, but applicants with urgent or high needs may get direct offers.

Councils use their own 'allocation policies' to decide exactly how priority is given, but they must follow national laws and guidance, such as the Housing Act 1996 (Part 6) and the statutory Code of Guidance.¹

Your Legal Rights If You Are a Disabled Tenant

Under the Equality Act 2010, landlords and local authorities must not discriminate against you due to a disability and must make reasonable adjustments where needed.²

• You can request adaptations to make a property accessible (e.g., ramps, stairlifts).
• If your landlord refuses a reasonable adjustment, you may have grounds to challenge this decision.
• You may be eligible for a Disabled Facilities Grant (DFG) to help pay for necessary changes at home.

How to Apply: Steps and Official Forms

• Homelessness Application: Form HPA1
  If your current accommodation is unsuitable – for example, it puts your health at risk due to a disability – you can approach your local council and request to make a formal homelessness application. Use the Homelessness Application (Form HPA1).
  Example: If you cannot access essential rooms (like your bathroom) due to limited mobility, you can apply to be rehoused urgently.
• Council Housing Register: Application/Medical Assessment Form
  Contact your local council and ask to join the housing register. Many have a 'medical assessment' form where you explain your needs.
  Example: If you need ground-floor accommodation or a wheelchair-adapted property, detail this in your application.
• Reasonable Adjustments Request
  There is no universal UK-wide form for requesting reasonable adjustments, but you should make your request in writing (e.g., by letter or email) to your landlord or council. Clearly explain what change you need and why.
  Example: Requesting the installation of grab rails due to mobility issues.

Find your local council to begin applications via the official council locator.

What If You Disagree with a Decision?

If you feel you have been unfairly prioritised or refused an accessible property, you have the right to request a review of the decision. If informal complaints do not resolve the issue, disputes may be brought before the First-tier Tribunal (Property Chamber), which handles residential tenancy cases in England.

Key takeaway: Always seek advice if you feel your disability is not being considered fairly in housing decisions. Free advocacy and council support are available.

Frequently Asked Questions About Housing Priority for Disabled People

1. Do all disabled tenants automatically get priority for social housing?
   No, but councils must give reasonable preference to disabled people whose current housing is unsuitable. Provide detailed medical and housing evidence to increase your priority.
2. Can I ask for adaptations in private rented housing?
   Yes. Under the Equality Act 2010, private landlords must consider reasonable adjustments. However, some building changes may require landlord consent or planning permission.
3. What should I do if my housing application is refused?
   Request a review in writing, including any new medical evidence. Most councils have an appeals process. If not resolved, seek advice from Shelter or consider a complaint to the Housing Ombudsman Service.
4. What grants are available for accessible home improvements?
   You may qualify for a Disabled Facilities Grant to fund adaptations in your home.
5. Where can I check the rules my local council uses for housing priority?
   Each council publishes its own allocation policy, usually available on its website. You can also search for policies via Find your local council.

Summary: What Disabled Tenants Should Know

• Disabled people often receive higher priority for social housing if their current property is unsuitable.
• Legal protections require councils and landlords to consider reasonable adjustments.
• If you are denied priority or an adaptation, there are review and appeal rights you can use.

Be proactive—gather evidence and use official forms when applying or challenging a decision.

Need Help? Resources for Renters

• Disability Discrimination: Your Rights (Gov.uk)
• Apply for council or housing association home
• Shelter: Disability and Housing Advice in England
• Find your local council
• First-tier Tribunal (Property Chamber)

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1. Housing Act 1996, Part 6: Allocation of housing accommodation
2. Equality Act 2010

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