Has the council refused your homeless application? Or has it found that it does not owe you the main housing duty? You have the right to challenge that
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Has the council refused your homeless application? Or has it found that it does not owe you the main housing duty? You have the right to challenge that decision. This page takes you through the review and appeal process. It explains what to do at each stage.
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
What decisions can be challenged?
You can ask for a review of most decisions the council makes on a homeless application. This includes:
- A decision that you are not homeless
- A decision that you are not eligible for assistance (for example, because of your immigration status)
- A decision that you are not in priority need
- A decision that you became homeless intentionally
- A decision that you have no local connection with the area
- A decision that the accommodation they have offered is suitable
- A decision to end their duty to you
You must ask for a review within 21 days of getting the decision. If you have not been told the reasons yet, you can ask for them. The council must give you the reasons in writing.
How to request a review
Write to the council's housing or homelessness team. Say clearly that you are asking for a review of the decision dated [date]. Say what you believe is wrong with it. You should:
- Explain why you disagree with the decision
- Include any evidence that was not looked at, for example, medical information, letters from support workers, or documents about your situation
- Ask for the review to be done by someone more senior than the person who made the first decision
The council must finish the review within 8 weeks (or 12 weeks for certain decisions). They must tell you the outcome in writing, with reasons.
While you wait for the review
Were you in temporary accommodation when the decision was made? The council may be able to let you stay there during the review period. Ask them to do this as soon as you send your review request. They do not always have to do so. But many councils will keep you in accommodation while the review goes on. This is more likely if a refusal would leave you homeless straight away.
What if the review upholds the refusal?
What if the review confirms the first refusal? You then have a further right of appeal to the county court. It must be on a point of law. You must lodge this within 21 days of getting the review decision.
An appeal to court is a formal court case. You will usually need a lawyer. You may be able to get legal aid. Contact a housing solicitor or law centre to check.
A point of law means the council made a legal error. For example, it applied the wrong test, or did not follow the right steps. You cannot appeal just because you disagree with the conclusion. There has to be a legal flaw in how the decision was reached.
What if I did not ask for a review in time?
Did you miss the 21-day deadline? Contact the council straight away and explain why. Councils sometimes accept late review requests in special cases. If they refuse, get legal advice urgently. You may still have options, depending on the circumstances.
Other routes if the review fails
What if the council reached its decision lawfully, but you believe the outcome is unfair? You could think about:
- Local Government and Social Care Ombudsman (LGSCO): use this if there has been maladministration: the council got its process badly wrong. For example, it took too long, gave you wrong advice, or did not look at key evidence.
- Your local MP or councillor: they can sometimes prompt a fresh look, or push complaints higher up within the council
- Housing charities and law centres: many give free advice to homeless applicants. They can spot whether there is a legal challenge you can make.
When should I contact Support for Tenants?
Did you become homeless partly because of housing disrepair? Did your old home have damp, mould, or structural problems? You may still have a disrepair claim against your former landlord. A disrepair claim can go ahead whatever your current housing situation.
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
Related articles
- Local connection rule and homelessness
- Priority need, how vulnerability is assessed
- Suitability review, temporary accommodation
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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Still stuck?
Call us free or start a claim online. We'll tell you honestly whether you have a case worth pursuing.