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The Housing Executive or a housing association can refuse to accept your application for permanent accommodation because of your behaviour in the last two years. You can be disqualified for up to two years (or six years in debt cases). Most asylum seekers are not eligible to apply.
If the Housing Executive decides you are homeless you cannot be disqualified. The Housing Executive or housing association must have reasonable grounds for deciding that you can be disqualified. You can complain if you are unhappy with the decision of the Housing Executive or the housing association.
You owe rent
You will only be disqualified if:
- you currently owe the Housing Executive or a housing association more than four times your weekly rent and rates,
- you are not keeping up your repayments.
You can be disqualified for up to six years.
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Your past behaviour was unacceptable
You will be disqualified if the Housing Executive or housing association decides that your behaviour in the last two years was not acceptable. Unacceptable behaviour includes:
- causing serious nuisance to your neighbours,
- using the property for illegal or immoral purposes,
- allowing the property to deteriorate,
- damaging the accommodation on purpose,
- violent behaviour toward Housing Executive or housing association staff,
- violent behaviour while in Housing Executive temporary accommodation.
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You were squatting
You will be disqualified if you have squatted in Housing Executive or housing association property within the last two years. You will also be disqualified if you allowed, or helped someone else to squat in your Housing Executive or housing association property within the last two years.
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You gave false information
You will be disqualified if the Housing Executive or housing association believes that you deliberately gave false information to get permanent accommodation. You can be disqualified if:
- you deliberately made a false statement,
- you deliberately gave false information,
- you deliberately didn't give all the information you were asked for.
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You abandoned your property
You will be disqualified if you left a Housing Executive or housing association tenancy in the last two years without giving your landlord notice.
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A possession order was granted against you
You will be disqualified if a court has granted an Order for Possession against you in the last two years. The Order must have been for possession of a Housing Executive or a housing association property.
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What happens if I am disqualified?
The Housing Executive or housing association will write to you explaining why you have been disqualified from applying for the Selection Scheme. You have 14 days to reply to the Housing Executive or housing association.
If you don't reply to the Housing Executive or housing association you will be sent a letter explaining that you have been disqualified from the Selection Scheme. You will usually be disqualified for two years. However, you may be disqualified for up to six years if you have been disqualified because of debt.
The Housing Executive has a legal duty to give housing advice and information on preventing homelessness to anyone who asks in Northern Ireland.
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What should I do?
Write a letter to the Housing Executive or housing association explaining your situation. Explain why you think the Housing Executive or housing association have made a mistake. Give as much information about the incident as possible. An adviser can help you put together your complaint letter.
What happens next?
The Housing Executive or housing association will write to you explaining why they disqualified you from applying. If the Housing Executive or housing association change the decision you will be assessed like every other person applying for social housing. You can complain if the Housing Executive or the housing association disqualifies you.
You should use the internal review system before applying for judicial review or complaining to the Ombudsman. If you are planning to appeal the decision get advice immediately.
Complaining to the Ombudsman
The Ombudsman can investigate the way your application was processed. The Ombudsman checks that the Housing Executive or housing association acted fairly and followed the correct procedures. You can apply within six months of a decision.
Judicial review
Judicial review is legal action that can be used to challenge decisions made by public bodies like the Housing Executive. It is used to challenge the way that decisions are made, not the decisions. If you want to use judicial review you must get permission from the High Court within three months of the decision.
If you are planning to appeal the decision you should get advice. An adviser can help you plan your appeal and put together your appeal letter. Advice is available from Housing Rights Service.
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