http://www.legislation.gov.uk/ukpga/1996/52/section/166AHousing Act 1996An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness; and for connected purposes.1996-07-24texttext/xmlenStatute Law Database2026-05-06Expert Participation2026-05-01 Part VI Allocation of housing accommodation <Addition ChangeId="key-b6e4f9e7373cc54c9c42d4e2053657cd-1529581669886" CommentaryRef="key-b6e4f9e7373cc54c9c42d4e2053657cd">Allocation schemes</Addition><Addition ChangeId="key-d71d55adaaaf5ffead9fa24ca32f6982-1527711694018" CommentaryRef="key-d71d55adaaaf5ffead9fa24ca32f6982">Allocation in accordance with allocation scheme: England</Addition>166A1Every local housing authority in England must have a scheme (their “allocation scheme”) for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.For this purpose “procedure” includes all aspects of the allocation process, including the persons or descriptions of persons by whom decisions are taken.2The scheme must include a statement of the authority's policy on offering people who are to be allocated housing accommodation—aa choice of housing accommodation; orbthe opportunity to express preferences about the housing accommodation to be allocated to them.3As regards priorities, the scheme shall, subject to subsection (4), be framed so as to secure that reasonable preference is given to—apeople who are homeless (within the meaning of Part 7);bpeople who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3);cpeople occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;dpeople who need to move on medical or welfare grounds (including any grounds relating to a disability); andepeople who need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others).The scheme may also be framed so as to give additional preference to particular descriptions of people within one or more of paragraphs (a) to (e) (being descriptions of people with urgent housing needs). The scheme must be framed so as to give additional preference to a person with urgent housing needs who falls within one or more of paragraphs (a) to (e) and who – iis serving in the regular forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the person’s service,iiformerly served in the regular forces,iiihas recently ceased, or will cease to be entitled, to reside in accommodation provided by the Ministry of Defence following the death of that person’s spouse or civil partner who has served in the regular forces and whose death was attributable (wholly or partly) to that service, orivis serving or has served in the reserve forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the person’s service.For this purpose “the regular forces” and “the reserve forces” have the meanings given by section 374 of the Armed Forces Act 2006.4People are to be disregarded for the purposes of subsection (3) if they would not have fallen within paragraph (a) or (b) of that subsection without the local housing authority having had regard to a restricted person (within the meaning of Part 7).5The scheme may contain provision for determining priorities in allocating housing accommodation to people within subsection (3); and the factors which the scheme may allow to be taken into account include—athe financial resources available to a person to meet his housing costs;bany behaviour of a person (or of a member of his household) which affects his suitability to be a tenant;cany local connection (within the meaning of section 199) which exists between a person and the authority's district.6Subject to subsection (3), the scheme may contain provision about the allocation of particular housing accommodation—ato a person who makes a specific application for that accommodation;bto persons of a particular description (whether or not they are within subsection (3)).7The Secretary of State may by regulations—aspecify further descriptions of people to whom preference is to be given as mentioned in subsection (3), orbamend or repeal any part of subsection (3).8The Secretary of State may by regulations specify factors which a local housing authority in England must not take into account in allocating housing accommodation.9The scheme must be framed so as to secure that an applicant for an allocation of housing accommodation—ahas the right to request such general information as will enable him to assess—ihow his application is likely to be treated under the scheme (including in particular whether he is likely to be regarded as a member of a group of people who are to be given preference by virtue of subsection (3)); andiiwhether housing accommodation appropriate to his needs is likely to be made available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him;bhas the right to request the authority to inform him of any decision about the facts of his case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to him; andchas the right to request a review of a decision mentioned in paragraph (b), or in section 160ZA(9), and to be informed of the decision on the review and the grounds for it.10As regards the procedure to be followed, the scheme must be framed in accordance with such principles as the Secretary of State may prescribe by regulations.11Subject to the above provisions, and to any regulations made under them, the authority may decide on what principles the scheme is to be framed.12A local housing authority in England must, in preparing or modifying their allocation scheme, have regard to—atheir current homelessness strategy under section 1 of the Homelessness Act 2002,btheir current tenancy strategy under section 150 of the Localism Act 2011, andcin the case of an authority that is a London borough council, the London housing strategy.13Before adopting an allocation scheme, or making an alteration to their scheme reflecting a major change of policy, a local housing authority in England must—asend a copy of the draft scheme, or proposed alteration, to every private registered provider of social housing and registered social landlord with which they have nomination arrangements (see section 159(4)), andbafford those persons a reasonable opportunity to comment on the proposals.14A local housing authority in England shall not allocate housing accommodation except in accordance with their allocation scheme.Pt. VI excluded (20.1.1997) by S.I. 1996/2753, reg. 3Pt. VI modified (1.4.1997) by S.I. 1996/3205, art. 2, Sch. 1Pt. VI excluded (E.) (3.4.2000) by S.I. 2000/702, reg. 3Pt. VI excluded (W.) (29.1.2003) by The Allocation of Housing (Wales) Regulations 2003 (S.I. 2003/239), reg. 3Pt. VI excluded (E.) (31.1.2003) by The Allocation of Housing (England) Regulations 2003 (S.I. 2002/3264), reg. 3S. 167 cross-heading substituted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(3), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3S. 166A inserted (15.1.2012 for specified purposes, 18.6.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 147(4), 240(2); S.I. 2012/57, art. 4(1)(k) (with arts. 6, 7, 9-11); S.I. 2012/1463, art. 3Words in s. 166A(3) substituted (30.11.2012) by The Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012 (S.I. 2012/2989), regs. 1, 2(a)Words in s. 166A(3) inserted (30.11.2012) by The Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012 (S.I. 2012/2989), regs. 1, 2(b)Pt. VI modified (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 3 para. 2(2); S.I. 2014/2771, art. 6(1)(m); S.I. 2016/11, art. 2(m)