This problem comes up a lot. A tenant is living in a home with bad disrepair. They ask the council for help to move. The council says it cannot help them
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This problem comes up a lot. A tenant is living in a home with bad disrepair. They ask the council for help to move. The council says it cannot help them move, or will not give them enough housing priority, until they have a court order about the disrepair. So the tenant is stuck. They cannot move until they have a court order. And they have to live in a terrible home while they wait for one.
The short answer
The council is not allowed to make you get a court order first. They must look at your housing need before that. Your housing need includes any health and safety risks from your current home. The council works this out under the Housing Act 1996 and the Homelessness Reduction Act 2017. If your home is truly a danger to your health, that is a housing need. The council must look at it in its own right.
Key facts
- Government figures show 42,640 households in England were owed a relief duty after being assessed as homeless in October to December 2025. Statutory homelessness in England, GOV.UK
- A further 33,630 households were owed a prevention duty after being assessed as threatened with homelessness in the same quarter. Statutory homelessness in England, GOV.UK
Why councils sometimes say this
Councils use the words "court order" to mean different things. They may mean:
- a county court injunction telling the landlord to do repairs, which is not the same as a possession order
- a council enforcement notice under HHSRS, which the council can issue itself
- a prohibition order, which the council issues, not the court
The council is not allowed to say you must have one of these before they look at your housing need. If your home is a serious risk to your health and safety, the council's housing team has its own duty to look at your needs.
The statutory homelessness route
Your home may be so bad that it is no longer reasonable for you to stay there. If so, you may count as homeless under the Housing Act 1996, Section 175. "Reasonable to continue to occupy" covers homes that are not safe, are badly overcrowded, or are a danger to health.
You can apply to the council as homeless on this basis. The council must accept your application. It must then do a housing needs assessment. What happens next depends on things like your household's priority need and your local connection. But the council cannot just refuse to look at your case because you do not have a court order.
Linking the disrepair to housing need
When you apply to the council, show how the disrepair is harming your health. A letter from your doctor that links your health to your home is very important. The more clearly the medical proof links the disrepair to a risk to your health, the harder it is for the council to say you can stay in the home.
Environmental health proof helps too. An HHSRS inspection report, an improvement notice, or a prohibition order all back up what you say about the conditions.
The disrepair claim: a parallel route
A housing disrepair claim does not depend on the council moving you. Both can go ahead at the same time. A disrepair claim can win you compensation for the time you have lived in poor conditions. It can also win an injunction that orders repairs, or a rent cut. None of this needs the council to do anything.
If you win an injunction that orders repairs, the landlord must do them. If they do not, they are in contempt of court.
What to do now
Send a written application to your local council's housing team today. Say that your current home is not reasonable to stay in, and give the exact conditions. Add the proof you have, such as photos, letters and medical records. Ask for a written housing needs assessment.
At the same time, contact us to find out if a housing disrepair claim is right for you.
When should I contact Support for Tenants?
If the council will not help you move and you are living in very poor conditions, 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
- Housing Act 1996 (legislation.gov.uk)
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
Related articles
- Homeless or being evicted: what to do
- How to apply as homeless to the council
- My home is unfit to live in
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
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