Refugees and asylum seekers: housing rights and disrepair

People who are refugees or asylum seekers in the UK often live in housing that is below the standard they should be entitled to. Here you will find out about the housing rights of refugees and asylum seekers, including their rights if the property they live in is in disrepair.

Two different situations

The housing rights of people with refugee status or who are seeking asylum are different, depending on their immigration status.

Asylum seekers awaiting a decision: People who have applied for asylum but whose application has not yet been decided are generally housed by the Home Office through the asylum support system, in accommodation arranged by private contractors.

Refugees and those with leave to remain: People who have been granted refugee status, humanitarian protection, or leave to remain have the right to work and to access mainstream housing. They can rent privately, apply for social housing, and claim benefits.

Asylum seekers and asylum support accommodation

Asylum seekers who cannot afford to support themselves may receive accommodation provided by the Home Office through asylum support. This accommodation is organised by contractors.

The standard of asylum support accommodation is regulated, and contractors have obligations to maintain properties. If accommodation provided through the asylum support system is in poor condition, there are specific complaint routes:

• You can complain to the accommodation provider directly
• If unresolved, you can escalate to the Home Office (Asylum Support)
• There are charities and legal organisations that can help you make a formal complaint

Asylum seekers in asylum support accommodation generally cannot use a standard housing disrepair claim route in the same way as private tenants, because the tenancy structure is different. However, depending on the type of accommodation and contract, legal routes may be available, seek specialist advice.

Refugees and people with leave to remain in privately rented homes

If you have refugee status, humanitarian protection, or leave to remain and you rent privately, you have the same legal rights as any other private tenant:

• Your landlord must keep the property in repair under the Landlord and Tenant Act 1985
• The property must be fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018
• You can make a housing disrepair claim if the landlord has failed to carry out legally required repairs

Your immigration status does not affect your right to bring a housing disrepair claim or receive compensation if the landlord has failed in their duty.

Common barriers for refugees and asylum seekers

• Language: English may not be your first language. Legal advice and court processes can be confusing. Specialist legal services for refugees often offer interpreting support.
• Fear: Some people worry that complaining will have consequences for their immigration status. In almost all cases, pursuing housing rights does not affect your asylum or leave to remain application.
• Awareness: Many people do not know that tenants in England have legal rights to a maintained property, regardless of their background.

Where can I get help?

If you are in asylum support accommodation, organisations such as Refugee Action, Migrant Help, and Shelter can help you understand your rights and make complaints.

If you are in privately rented accommodation and there is disrepair your landlord has not fixed, call us.

When should I contact Support for Tenants?

If you are a refugee or person with leave to remain in privately rented accommodation, and your landlord has not fixed disrepair in your home, call us. Your immigration status does not affect your right to 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

• Immigration and Asylum Act 1999 (asylum support) (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

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