Housing Act Appeal

Once a local authority has made a decision on whether to accept a homeless duty, an applicant has 21 days to request an s.202 review if the decision is negative.

The local authority then has 8 weeks to complete the review. An applicant can make submissions in support of the review, setting out why they think the decision is wrong. If the review upholds the negative decision, or if no decision is received, then a statutory appeal can be made to the County Court within 21 days under s.204 of the Housing Act 1996.

An appeal can only be made on a point of law. 

An error of law may be where the following has happened;

  • An error as to the interpretation of the legislation.
  • A decision that is irrational.
  • A decision that is in breach of natural justice.
  • A decision which biased or made in bad faith.

A challenge to the facts found by the Local Housing Authority will not constitute an error of law unless the finding of fact is challenged as perverse.

If you have received a negative homeless decision or negative s.202 review decision, please contact Lawstop as soon as possible for further advice.