The Homelessness Reduction Act 2017 introduced two main duties that councils owe to eligible people who are homeless or at risk of becoming homeless: the
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The Homelessness Reduction Act 2017 introduced two main duties that councils owe to eligible people who are homeless or at risk of becoming homeless: the prevention duty and the relief duty. This guide focuses on the prevention duty, what it means, when it applies, and what the council should do for you.
What is the prevention duty?
The prevention duty requires a council to take reasonable steps to prevent your homelessness if you are eligible for assistance and you are at risk of becoming homeless within the next 56 days. This is a significant improvement on the previous law, which gave councils a formal duty only once someone was already homeless. Now, the council must act earlier, before you lose your home.
The prevention duty lasts for 56 days, or until the threat of homelessness is removed, whichever is sooner.
Who is eligible?
You must be eligible for assistance. This is generally linked to immigration status and habitual residence. Most people with a right to reside in the UK under settled or pre-settled status, or with indefinite leave to remain, are eligible. People with no recourse to public funds (NRPF) are generally not eligible for the homelessness duties, though they may be able to access limited support under the Children Act 1989 if children are involved.
You must also be at risk of losing your home within 56 days. This might be because:
- You have received a valid Section 21 or Section 8 notice
- Your landlord has indicated they want you to leave
- You have been told by a court that you will be evicted
- Your family member has asked you to leave
- Your current accommodation is dangerous or unsuitable to the point that you cannot remain
What should the council do?
When you approach the council under the prevention duty, they must:
- Carry out a housing needs assessment: The council must assess your situation, your housing history, your needs, your eligibility, and why you are at risk of homelessness.
- Draw up a personalised housing plan: The council must produce a written plan setting out the reasonable steps they will take to prevent your homelessness, and the steps they expect you to take. Both parties have obligations.
- Take reasonable steps to prevent homelessness: What counts as reasonable depends on your circumstances. It might include contacting your landlord, helping you access financial assistance, making referrals to debt advice, or arranging mediation. In some cases it may mean accepting a main homelessness duty and providing accommodation.
Does the prevention duty mean I will get housing?
Not necessarily. The prevention duty is about taking reasonable steps, it does not automatically mean the council will provide you with accommodation. However, if the prevention duty ends without homelessness being prevented, the council's relief duty begins if you are still homeless.
What if the council is not meeting the prevention duty?
If the council has not carried out an assessment, has not produced a personalised housing plan, or is not taking reasonable steps, you can:
- Ask to speak to a senior officer and put your concerns in writing
- Make a formal complaint to the council
- Refer the matter to the Local Government and Social Care Ombudsman
- Consider a judicial review if the council is not acting lawfully
See our guide: /help-centre/homeless-application-refused-next-steps.
The prevention duty and disrepair
If you are at risk of homelessness because your current home has serious disrepair that makes it uninhabitable, or because you have complained about disrepair and your landlord has retaliated with an eviction notice, you should approach the council under the prevention duty at the same time as exploring a disrepair claim. The two are not mutually exclusive.
A disrepair claim may result in the landlord being ordered to carry out repairs, or may result in compensation for the period of disrepair. It does not prevent the council from owing you a prevention duty if you are at risk of homelessness.
Sources
- Homelessness Reduction Act 2017 (legislation.gov.uk)
- Housing Act 1996, Part 7 (homelessness) (legislation.gov.uk)
Related articles
- Homeless or being evicted, what to do
- How to apply as homeless to the council
- Challenging a Section 184 homeless decision
- Priority need, homeless, what counts
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.
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