If the council has refused your homeless application, or found that it does not owe you the main housing duty, you have rights to challenge that decision.
On this page
If the council has refused your homeless application, or found that it does not owe you the main housing duty, you have rights to challenge that decision. Below, we take you through the review and appeal process, and 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 request a review of most decisions the council makes on a homeless application, including:
- 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 request a review within 21 days of receiving the decision. You can ask for reasons for the decision if you have not already received them, the council must provide written reasons.
How to request a review
Write to the council's housing or homelessness team and say clearly that you are requesting a review of the decision dated [date], and what you believe is wrong with it. You should:
- Set out why you disagree with the decision
- Include any evidence that was not considered, for example, medical information, letters from support workers, or documents about your circumstances
- Ask for the review to be conducted by someone senior to the original decision-maker
The council must complete 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
If you were in temporary accommodation when the decision was made, the council may be able to continue your accommodation during the review period. Ask them to do this immediately when you submit your review request. They are not always required to do so, but many councils will maintain accommodation pending review, particularly if refusal would leave you immediately homeless.
What if the review upholds the refusal?
If the review confirms the original refusal, you have a further right of appeal to the County Court on a point of law. This must be lodged within 21 days of receiving the review decision.
An appeal to court is a legal proceeding and you will usually need legal representation. You may be entitled to legal aid, contact a housing solicitor or law centre to check.
A point of law means the council made a legal error, applied the wrong test, or failed to follow the correct procedure. You cannot appeal simply 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?
If you missed the 21-day deadline, contact the council immediately and explain why. Councils sometimes accept late review requests in exceptional circumstances. If they refuse, seek legal advice urgently, you may still have options depending on the circumstances.
Other routes if the review fails
If the council has reached its decision lawfully but you believe the outcome is unjust, consider:
- Local Government and Social Care Ombudsman (LGSCO): if there has been maladministration (for example, the council delayed unreasonably, gave you wrong advice, or failed to consider relevant evidence)
- Your local MP or councillor: they can sometimes prompt a reconsideration or escalate complaints within the council
- Housing charities and law centres: many offer free advice for homeless applicants and can identify whether there is a legal challenge available
When should I contact Support for Tenants?
If you became homeless partly because of housing disrepair, and your previous home had damp, mould, or structural problems, you may still have a disrepair claim against your former landlord. A disrepair claim can proceed regardless of 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 and not guaranteed; every case is different.
Related guides
Homeless or being evicted? What to do, step by step
If you are homeless or about to lose your home, your council may have a legal duty to help. Here is what the law says, what to do today, and the free services that can help you.
Read
Temporary accommodation: your rights, in plain English
If your council has put you in temporary accommodation, it has to be suitable. Families with children should not be in a B&B for more than 6 weeks. Here is what your rights are and who to ask for help.
Read
Overcrowding: your rights and what you can do
If your home is too small for your family, the law may class it as overcrowded. Here is what counts as overcrowding, what it means for a council move, and where to get help.
Read
Still stuck?
Call us free or start a claim online. We'll tell you honestly whether you have a case worth pursuing.