Homelessness application: what happens after you apply

If you have applied to your local council as homeless, or are about to do so, it can feel like a very uncertain time. Here is what happens at each stage of a homelessness application in England, what decisions the council can make, and what your rights are throughout the process.

What is a homelessness application?

When you tell your local council that you are homeless or at risk of becoming homeless within 56 days, you are making a homelessness application. The council must assess your situation and decide what help they must give you.

The law that governs this is Part VII of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017).

Stage 1: Initial assessment and prevention duty

From the point you approach the council, they must take a "reasonable steps" approach to preventing your homelessness for at least 56 days. This is called the prevention duty.

At this stage the council will:

• Ask about your housing situation, why you are at risk of becoming homeless, and who lives with you
• Carry out a housing needs assessment
• Agree a personalised housing plan with you, a document setting out steps the council and you will take to prevent homelessness

The council must also tell you about housing options in your area.

Stage 2: Relief duty (if homelessness cannot be prevented)

If you become homeless despite the prevention work, or if you were already homeless when you applied, the council moves to the relief duty. This lasts for 56 days and involves the council taking reasonable steps to help you find accommodation.

At this point the council may:

• Help you find private rented accommodation
• Arrange emergency accommodation if needed
• Continue with the personalised housing plan

Stage 3: Main housing duty assessment

If the council has not resolved your homelessness after the relief duty period, they must decide whether you are owed the "main housing duty." This requires the council to secure accommodation for you until a settled solution is found.

To be owed the main housing duty, you must be:

• Eligible, usually based on immigration status (most UK/Irish/EU settled-status nationals are eligible)
• Homeless, not having accommodation you can reasonably occupy
• In priority need, this includes families with dependent children, pregnant women, people who are vulnerable due to age, mental illness, physical disability, or domestic abuse, among others
• Not intentionally homeless, meaning you did not give up adequate accommodation voluntarily without good reason

What accommodation might the council provide?

If the council owes you the main housing duty, they can meet it through:

• An offer of social housing (council or housing association property)
• A private rented sector offer, a suitable tenancy in the private sector that meets minimum standards and term requirements
• Temporary accommodation while a permanent solution is found

You do not have to accept any accommodation that is unsuitable for your needs. You can ask the council to review the offer if you believe it is unsuitable.

What if the council says I am intentionally homeless?

If the council decides you made yourself intentionally homeless, the main housing duty does not apply. However, you are still entitled to advice and assistance, and may be entitled to a short period of accommodation if you have dependent children.

You can ask the council to review this decision. See the article on intentionally homeless decisions for more detail.

Reviewing a council decision

You can ask for a review of most council homelessness decisions, including:

• A decision that you are not eligible
• A decision that you do not have priority need
• A decision that you are intentionally homeless
• A decision that an offer of accommodation is suitable

Reviews are usually requested within 21 days of the decision letter. If you are not satisfied with the review outcome, you can appeal to the county court on a point of law.

What if I need emergency accommodation now?

If you are homeless today and have nowhere safe to go, tell the council immediately. They have a duty to provide emergency accommodation if you appear to be in priority need while they carry out their inquiries.

If the council's offices are closed, most councils have an out-of-hours emergency number for people facing homelessness.

When should I contact Support for Tenants?

We handle housing disrepair claims. If you are in temporary or permanent rented accommodation with disrepair your landlord has not fixed, you may have a claim, even while you are going through a homelessness application.

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, Part 7 (homelessness) (legislation.gov.uk)
• Homelessness Reduction Act 2017 (legislation.gov.uk)

Related articles

• Free housing legal advice in England, where to get it