Kinship carers: housing rights and support

Kinship carers look after children who cannot live with their parents. Usually they are grandparents, aunts, uncles or other family members. They often face housing problems that landlords and councils do not always understand. Below, we set out kinship carers' housing rights and where to get help.

What is a kinship carer?

A kinship carer is a relative or family friend who takes on a child's care when the parents cannot, because of illness, substance misuse, prison, or other difficulties. Some carers have a formal arrangement, such as a special guardianship order or a child arrangements order. Others care informally.

Kinship care is not fostering. Kinship carers are not usually paid the way foster carers are, and money and housing problems often follow.

Can kinship carers apply for social housing?

Yes. If your current home does not suit the children you care for, you may be able to apply for social housing on grounds of overcrowding or unsuitability. A formal legal order, such as a special guardianship order, makes your application much stronger.

When you apply, put it in writing: how many people live in the home, the children's ages and needs, and why the home no longer works. A supporting letter from a social worker or children's services helps.

Do kinship carers have priority need for homelessness?

Are you homeless, or at risk of it, with dependent children living with you under a formal arrangement? Then you are likely to have priority need for homelessness help. The children in your care count when the council assesses your need.

If your arrangement is informal, the council may still accept priority need where the child truly depends on you. Expect to show evidence.

What if my rented home is too small for the children I care for?

Overcrowding is a recognised housing need. If a child has joined you and your home is now too small:

1. Tell the council's housing team your household has changed
2. Update your social housing application or bid
3. Ask whether an urgent rehousing request can go in on welfare grounds
4. If you rent privately, ask your landlord about moving to a larger property they own

Letters from children's services and social workers carry real weight in overcrowding and rehousing cases.

Does the landlord have to allow a child to move in?

Your tenancy agreement may limit who can live with you. But a landlord cannot fairly refuse to let you care for a child in an emergency. If you have taken in a child informally and need to stay put, explain the situation to your landlord in writing as soon as you can.

What if my rented home is in disrepair?

Damp, broken heating or structural problems matter even more when children live in the home. Landlords must maintain their properties by law, and children being harmed by the conditions strengthens any complaint or claim.

Report the disrepair to your landlord in writing and keep records. If nothing happens, contact the council's environmental health team or get legal advice.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. If disrepair in your rented home is affecting you or the children you care for, you may have a claim.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Children Act 1989 (legislation.gov.uk)
• Section 189, Housing Act 1996 (priority need) (legislation.gov.uk)

Related articles

• Children's services housing referral guide