You can apply to the council as homeless. Pass the legal tests, and the council owes you the "main housing duty": its highest duty. It must find you suitable
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You can apply to the council as homeless. Pass the legal tests, and the council owes you the "main housing duty": its highest duty. It must find you suitable accommodation. And it must keep doing so until something longer-term is ready. Here is what the duty is, who qualifies, and how long it runs.
What is the main housing duty?
The duty comes from Section 193 of the Housing Act 1996. The council must find accommodation that suits you and your household. It must keep doing so until the duty is discharged.
It does not mean a council house. It means somewhere suitable to live. Often that is temporary accommodation while a settled home is arranged.
Who qualifies for the main housing duty?
The council owes the main housing duty only if all four of these conditions are met:
- You are homeless. No accommodation you are entitled to occupy, or a current home that is unsuitable or unsafe.
- You are eligible. This turns on immigration status.
- You are in priority need. Dependent children, pregnancy, vulnerability through a medical condition, or another recognised category.
- You did not become homeless on purpose. Nothing you deliberately did, or failed to do, cost you your home.
Missing one of the four? The council may still owe a lesser duty. That could be advice and help. It could be the prevention or relief duties from the Homelessness Reduction Act 2017.
How does the council discharge the main housing duty?
The duty ends, is "discharged", when one of these happens:
- A suitable private rented offer is made
- A suitable social housing offer is made, council or housing association
- You accept an assured tenancy with a private landlord the council arranged
- You refuse a suitable offer without good reason
- You make yourself homeless again from the temporary accommodation
- You withdraw, or ask for the duty to end
Until one applies, the council keeps finding you accommodation.
Is the accommodation it provides suitable?
The accommodation must suit you and your household. That weighs:
- Size and layout: no overcrowding
- Location, above all for schools and work
- Condition: no serious disrepair or health hazards
- Any needs tied to disability or a medical condition
Placed somewhere you think unsuitable? You can ask for a suitability review within 21 days.
The review right
The council may decide you fall short, say on priority need. You can ask for a review within 21 days of the decision letter. If the review fails, you can appeal to the county court on a point of law, within 21 more days.
When should I contact Support for Tenants?
Did your old rented home have damp, mould or other disrepair your landlord never fixed? If that fed your homelessness, you may still have a claim. Leaving the property does not end it. A claim runs against a former landlord wherever you live now.
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
- Priority need, how vulnerability is assessed
- Suitability review, temporary accommodation
- Your homeless application has been refused, what to do next
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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