Refugees and asylum seekers: housing rights and disrepair

If you are a refugee or asylum seeker in the UK, your home may be in poor condition. It may be worse than you have a right to expect. This page explains the housing rights of refugees and asylum seekers. It also covers your rights if your home is in disrepair.

Two different situations

Your housing rights depend on your immigration status. They are different for refugees and for people seeking asylum.

Asylum seekers awaiting a decision: You have applied for asylum, but no decision has been made yet. The Home Office usually houses you through the asylum support system. Private contractors arrange this housing.

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

Asylum seekers and asylum support accommodation

You may get a home from the Home Office through asylum support. This is for asylum seekers who cannot afford to support themselves. Contractors arrange this housing.

The standard of asylum support accommodation is set by rules. Contractors must keep the properties in good condition. If your asylum support home is in poor condition, you can complain in these ways:

• 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

If you live in asylum support accommodation, you usually cannot make a normal housing disrepair claim. Private tenants can, but your tenancy works in a different way. Some legal routes may still be open to you. It depends on your type of home and your contract. Get advice from someone who knows this area well.

Refugees and people with leave to remain in privately rented homes

You may have refugee status, humanitarian protection, or leave to remain. If 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 change this. You can still bring a housing disrepair claim. You can still get 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 can be hard to follow. Legal services for refugees often offer help from an interpreter.
• Fear: Some people worry that complaining will harm their immigration status. In almost all cases, it does not. Standing up for your housing rights does not affect your asylum or leave to remain application.
• Awareness: Many people do not know their rights. In England, tenants have a legal right to a home that is kept in good repair, whatever their background.

Where can I get help?

If you live in asylum support accommodation, some groups can help. Refugee Action, Migrant Help, and Shelter can explain your rights. They can also help you complain.

If you rent privately and your landlord has not fixed the disrepair, call us.

When should I contact Support for Tenants?

You may be a refugee or have leave to remain, and rent privately. If 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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