Priority need: pregnancy and homelessness

If you are pregnant and homeless or at risk of becoming homeless, you may have priority need for council housing. Read on for what priority need means during pregnancy, what the council must do, and how this connects to housing disrepair.

What is priority need?

When someone applies to a council as homeless, the council carries out an assessment. If you are found to be unintentionally homeless and have a priority need, the council has a duty to provide you with suitable temporary accommodation, and ultimately to secure settled housing for you.

Priority need is the threshold that separates people the council has a full housing duty towards from those it has a more limited duty to advise.

Does pregnancy give priority need?

Yes. Under Part VII of the Housing Act 1996, a pregnant woman has priority need. The priority need applies to the pregnant person themselves, it does not depend on how far along the pregnancy is or whether the baby is born yet.

You do not need to have reached a certain stage of pregnancy to qualify. If you are pregnant and homeless, you should apply to the council immediately.

What if you have recently given birth?

A household that includes a dependent child also has priority need. Once your baby is born, priority need continues through the child rather than through pregnancy, so the duty does not end after the birth.

What does the council have to do?

If you have priority need and are unintentionally homeless, the council must:

1. Provide suitable interim accommodation while it investigates your application
2. Carry out a full assessment of your housing situation
3. If the full housing duty arises, make a duty accommodation offer or help you find suitable settled housing

The accommodation must be suitable for a pregnant person, or, after the birth, for a family with a baby. Overcrowded, damp, or unsuitable accommodation can be challenged.

What if my housing is making my pregnancy unsafe?

If you are currently renting and your home has serious disrepair, particularly damp, mould, cold, or structural problems, this can be particularly dangerous during pregnancy. Mould exposure has been linked to respiratory problems and other risks in pregnancy and for newborns.

If your landlord has failed to deal with disrepair that poses a risk to you during your pregnancy, you may have a housing disrepair claim as well as rights under the homelessness legislation.

What about bed and breakfast accommodation?

Councils must not place pregnant women or families with children in bed and breakfast accommodation for more than six weeks (Homelessness (Suitability of Accommodation) (England) Order 2003). If the council places you in bed and breakfast beyond six weeks, you can challenge this.

What if the council refuses to accept I have priority need?

You have the right to request a review of any homelessness decision, including a decision that you do not have priority need. You must request the review within 21 days of the decision letter. If the review goes against you, you can appeal to the county court on a point of law within 21 days.

When should I contact Support for Tenants?

If you are pregnant and living in a home with damp, mould, or disrepair, we can advise whether you have a disrepair claim. A pregnant woman in a cold or mouldy home is exactly the kind of situation where a claim can succeed.

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

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