The main housing duty: what the council owes you if you are homeless

If you apply to the council as homeless and the council decides you meet the legal criteria, it owes you what is called the "main housing duty." This is the highest level of duty the council has, and it means the council must secure suitable accommodation for you until a longer-term solution is available. Below, we cover what the main housing duty is, who qualifies for it, and how long it lasts.

What is the main housing duty?

The main housing duty comes from Section 193 of the Housing Act 1996. It requires the council to secure accommodation that is suitable for you and your household, and to continue doing so until the duty is discharged.

The duty does not mean the council must give you a council house, it means they must ensure you have somewhere suitable to live, which in practice is often temporary accommodation while a more permanent solution is arranged.

Who qualifies for the main housing duty?

The council owes the main housing duty only if all four of the following conditions are met:

1. You are homeless (you have no accommodation you are entitled to occupy, or your current accommodation is unsuitable or unsafe)
2. You are eligible (based on your immigration status and any previous benefits history)
3. You are in priority need (for example, because you have dependent children, are pregnant, are vulnerable due to a medical condition, or fall within another recognised category)
4. You did not become homeless intentionally (you did not deliberately do or fail to do something that caused you to lose your home)

If you do not meet all four conditions, the council may still owe you a lesser duty, such as a duty to advise and assist, or the prevention or relief duty introduced by the Homelessness Reduction Act 2017.

How does the council discharge the main housing duty?

The main housing duty ends (is "discharged") when one of the following occurs:

• The council makes you a suitable offer of private rented accommodation (under a private rented sector offer)
• The council makes you a suitable offer of social housing (for example, a council or housing association tenancy)
• You voluntarily accept an assured tenancy with a private landlord arranged by the council
• You refuse a suitable offer of accommodation without good reason
• You become homeless again intentionally from temporary accommodation
• You withdraw your application or request that the duty be brought to an end

Until one of these applies, the council must continue to secure accommodation for you.

Is the accommodation it provides suitable?

The council has a duty to provide accommodation that is suitable for you and your household. Suitability takes into account:

• The size and layout of the accommodation (it must not be overcrowded)
• Location (particularly in relation to schools and work)
• Physical condition, the accommodation must not have significant disrepair or health hazards
• Any specific needs related to a disability or medical condition

If you believe the temporary accommodation you have been placed in is not suitable, you have the right to request a suitability review within 21 days of being placed.

The review right

If the council has decided you do not qualify for the main housing duty (for example, because it says you are not in priority need, or that you became homeless intentionally), you have the right to ask for a review within 21 days of the decision letter. If the review upholds the refusal, you can appeal to the County Court on a point of law within 21 more days.

When should I contact Support for Tenants?

If you became homeless partly because your previous rented home had damp, mould, structural problems, or other disrepair that your landlord failed to fix, you may still have a housing disrepair claim, even after you have left the property. A disrepair claim can be brought against your former landlord regardless of where you are now living.

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 (legislation.gov.uk)
• Homelessness Reduction Act 2017 (legislation.gov.uk)

Related articles

• Priority need, how vulnerability is assessed
• Suitability review, temporary accommodation
• Your homeless application has been refused, what to do next