Kinship carers: housing rights and support

Kinship carers are people who look after children who cannot live with their parents, usually grandparents, aunts, uncles, or other family members. Kinship carers often face housing difficulties that are not always well understood by landlords or councils. Below, we set out the housing rights available to kinship carers and where to get help.

What is a kinship carer?

A kinship carer is a relative or family friend who takes on the care of a child when their parents are unable to do so, because of illness, substance misuse, imprisonment, or other difficulties. Kinship carers may have formal arrangements, such as a special guardianship order or a child arrangements order, or they may be caring informally.

Kinship caring is different from fostering. Kinship carers are not usually paid in the same way as foster carers, and they often face financial and housing difficulties as a result.

Can kinship carers apply for social housing?

Yes. If you are a kinship carer and your current home is not suitable for the child or children you care for, you may be able to apply for social housing on the grounds of overcrowding or unsuitability. Having a formal legal order such as a special guardianship order strengthens your application considerably.

When you apply, explain in writing how many people live in the property, the ages and needs of the children, and why the current home is not suitable. A letter from a social worker or children's services worker supporting your application can help.

Do kinship carers have priority need for homelessness?

If you are homeless or threatened with homelessness and you have dependent children living with you under a formal arrangement, you are likely to have priority need for homelessness assistance. The children in your care count when the council assesses your housing need.

If your kinship arrangement is informal, the council may still accept that you have priority need if the child is effectively dependent on you, but you may need to provide evidence of this.

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

Overcrowding is a recognised housing need. If you have taken on the care of a child and your home is no longer large enough, you should:

1. Notify the council's housing team of the change in your household
2. Update your social housing application or bid
3. Ask whether an urgent rehousing request can be made on welfare grounds
4. If you rent privately, contact your landlord to discuss whether you can move to a larger property in the same portfolio

Children's services and social workers can write supporting letters that carry weight in overcrowding and rehousing cases.

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

Your tenancy agreement may have a clause restricting additional occupants. However, a landlord cannot reasonably refuse to allow you to care for a child in an emergency. If you have taken in a child informally and need to remain in your home, explain the situation to your landlord in writing as soon as possible.

What if my rented home is in disrepair?

If you are a kinship carer living in a rented home with disrepair, damp, broken heating, structural problems, these issues are particularly concerning when children are living in the property. Landlords are legally obliged to maintain their properties, and the presence of children affected by the conditions strengthens any disrepair complaint or claim.

Report the disrepair to your landlord in writing and keep records. If the landlord does not act, contact the council's environmental health team or seek legal advice.

When should I contact Support for Tenants?

We handle housing disrepair claims. If you are a kinship carer in a rented home with disrepair affecting you or the children in your care, 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