How many times can they ask for extra documents?
The Social Housing Application Form
Social housing applications are standardised forms that are governed by set statutory rules on how they should be completed, what criteria they are evaluated on, and how long it can take your local housing authority to accept or deny your application.
With some very small exceptions, the forms used by local authorities to complete social housing assessments do not vary from one county to the next.1 Similarly, the rules on approving or rejecting an application, and how long they can take to make a decision, apply across the whole country. These are primarily included in the Social Housing Assessment Regulations 2011 (the “2011 Regulations”).2 However, these regulations have been amended over the years and it is important to check that the relevant rules still apply.
What is a “properly completed” social housing application?
As your first step, it is essential that the form is filled out correctly and completely. Follow the checklist provided on pages 3 and 4 of the social housing application form and submit when completed.
It is sensible to keep a copy of all of the documents, and the application form, for your own records. If you have submitted the application in person, you should ask for a receipt. You may also want to submit a soft copy of the application by email at the same time. These receipts and email chains can act as a note to yourself confirming when you have submitted the application.
Once a properly completed application form has been submitted, the local authority must make a decision within timelines laid out by law.
How long will it take to get a decision on my social housing application?
Regulation 12 of the 2011 Regulations says that subject to the “proper completion” of the application form, the local authority shall “deal with” your social housing application within 12 weeks – this can be extended as below.
The High Court have interpreted this as a requirement for your local housing authority to “make a decision to either accept or refuse” a ‘properly completed’ social housing application – i.e. an application determined to be made in line with the 2011 Regulations (as amended) – within the timeframes laid down in the legislation. Where a local authority does not ask for verifying information or seek an extension, this would mean rendering a decision within 12 weeks of receiving a ‘properly completed’ application.3
For this reason, it is strongly advised that a social housing application be submitted with all relevant supporting documents as laid down in the checklist on pages 3 and 4 of the social housing application form. Having done so, local housing authorities must provide you with a response to your application within the statutory timeframe.
What if my local authority tells me they won’t process my application?
If you have a “properly completed” application with the relevant documents from the checklist, the High Court has said that the local authority must make a decision.
If the local authority tries to refuse to accept a housing application, to hand back a completed application, or to indicate that you are obliged to provide additional documents which are not included in the checklist, they may not be acting in compliance with the law. It might be wise to request written reasons for this refusal. You may also wish to seek legal advice.
What if my local housing authority requests “verifying” information?
At any point during this initial 12 week period, the local housing authority is allowed to request further information from you to clarify aspects of your application. This is referred to as “verifying information”.
The legislation does not reference the local housing authorities having an ability to make multiple requests for more information.
If the local housing authority requests verifying information of you, you have 4 weeks to respond to their request. After they have received your response, the local housing authority has 6 weeks from receipt to make a decision. This is set forth in Regulation 11(1) and 12(1) of the 2011 Regulations.
If you have submitted a completed application and responded to a request for verifying information, the local authority should proceed to make a decision to accept or reject your application. If the local authority refuses to do so or makes an additional request for a second set of verifying information, they may not be acting in compliance with the law. This initial 12 week period, in addition to any time for verifying information, is called the “relevant period”.
What if my local housing authority requests more time to process my application?
The council has the ability to ask for more time to complete a social housing application. They must write to the household to notify them of how much longer they need and state reasons why they need that additional time. They also have the power to extend this further period but must notify the household of their intention to do so and reason why.
However, even with these requests, the maximum extension that is allowed is an additional 14 weeks.4
What happens if my local housing authority does not adhere to the timeframe?
The date that your household is approved for social housing supports is very important. Houses are typically allocated to the household which has been on the list for the longest time, in addition to certain priority categories.
It is important to know when your household are deemed to be entered onto the social housing waiting list, and this can vary:5
- If your social housing application is approved within the “relevant period”, your household will be entered onto the social housing waiting list on the date that you were deemed qualified by the local authority;
- If the Council does not seek verifying information, but approves your application after the 12 week period, your household should be deemed to be on the list from the end of that initial 12 week period;
- If the Council does seek verifying information, but takes longer than 6 weeks after being given it to make a decision, your household should be deemed to be on the list from the end of that 6 week period.
When you are approved for social housing support, it would be good to confirm the date that you are registered as being approved from.
What if my local authority has passed these time periods and still made no decision?
If your local housing authority still fails to provide a decision within the allotted timeframe or repeatedly asks for additional information before providing a decision, you may wish to seek legal advice.
What should I do if I think my application was unfairly denied?
If your social housing application is denied, the Council are legally required to provide you with sufficient written reasoning.6 The High Court has made clear that these reasons should clearly explain why your application has been refused, including the legal basis of a refusal.7
If this refusal letter has not been provided to you, or you think you are being wrongfully denied access to your local Social Housing list, you may wish to seek legal advice.
Conclusion
Local authorities have discretion in many areas of their work. However, the social housing application form, the documents required to apply for social housing, and the timeframe for making a decision have all been laid down in law.
If you have concerns that your local authority may not be processing your social housing application correctly, or have rendered a decision which you do not believe is correct, you may wish to seek legal advice or advocacy supports.
Disclaimer
While we have made every effort to ensure the accuracy of the information and material contained in this blog, this blog is for information purposes only and should not be considered as legal advice on any individual circumstances. This blog does not establish a solicitor-client relationship between Mercy Law Resource Centre and the reader. No solicitor-client relationship is created by a reader’s use of this information. The information provided may not be a comprehensive statement of the matters raised or the law relating to those matters. The validity of the information may change with the passing of time. Mercy Law Resource Centre does not accept any liability arising from any errors or omissions.
- As at date of publishing, this form is enclosed within the Social Housing Assessment (Amendment)
Regulations 2022 S.I. No. 73/2022. Available here: https://www.irishstatutebook.ie/eli/2022/si/73/made/en/print ↩︎ - Available at: S.I. No. 84/2011 – Social Housing Assessment Regulations 2011. ↩︎
- See H & Anor. v South Dublin County Council [2020] IEHC 250. Available at:
https://ww2.courts.ie/acc/alfresco/75f4a650-38ac-4e9e-8ceb-
1bb811a507e4/2020_IEHC_250.pdf/pdf#view=fitH ↩︎ - See Regulation 12, Social Housing Assessment Regulations 2011, SI 84/2011. ↩︎
- Regulations 16, Social Housing Assessment Regulations 2011, as substituted by Regulation 3(e)
Social Housing Assessment (Amendment) (No.2) Regulations 2011 SI 321/2011, replacing earlier
version substituted by Regulation3(a) Social Housing Assessment (Amendment) Regulations 2011 SI
136/2011. Available at: https://www.irishstatutebook.ie/eli/2011/si/321/made/en/print ↩︎ - Regulation 15, Social Housing Assessment Regulations 2011, by reg.3(e) Social Housing Assessment
(Amendment) (No.2) Regulations 2011 SI 321/2011. Available at: https://www.irishstatutebook.ie/eli/2011/si/321/made/en/print ↩︎ - See Zabiello v South Dublin County Council [2019] IEHC 683. Available at: https://www2.courts.ie/acc/alfresco/fcfda0b1-fb33-4f4d-b712-076a95495dec/[2019]_IEHC_863_Zabiello%20&%20anor-v-South%20Dublin%20County%20Council_JR_1059_2018.pdf/pdf#view=fitH ↩︎