The Homelessness Reduction Act 2017 brought in two main duties. These are duties that councils owe to eligible people who are homeless or at risk of becoming
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The Homelessness Reduction Act 2017 brought in two main duties. These are duties that councils owe to eligible people who are homeless or at risk of becoming homeless. The two duties are the prevention duty and the relief duty. This guide is about the prevention duty. It explains what it means, when it applies, and what the council should do for you.
What is the prevention duty?
The prevention duty asks the council to take reasonable steps to stop you becoming homeless. This applies if you are eligible for assistance. It also applies if you are at risk of becoming homeless within the next 56 days. This is a big improvement on the old law. Before, councils only had a formal duty once someone was already homeless. Now the council must act sooner, before you lose your home.
The prevention duty lasts for 56 days. It can also end sooner, if the threat of homelessness is removed.
Who is eligible?
You must be eligible for assistance. This usually turns on your immigration status and where you normally live. Most people with a right to reside in the UK are eligible. This includes people with settled or pre-settled status, or with indefinite leave to remain. People with no recourse to public funds (NRPF) usually cannot get the homelessness duties. But they may be able to get 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 8 notice (new Section 21 notices cannot be served since 1 May 2026)
- Your landlord has made clear 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 home is so dangerous or unsuitable that you cannot stay
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 look at your situation. They must look at your housing history, your needs, whether you are eligible, and why you are at risk of homelessness.
- Draw up a personalised housing plan: The council must write a plan. It sets out the reasonable steps they will take to stop you becoming homeless. It also sets out the steps they expect you to take. Both sides have things they must do.
- Take reasonable steps to prevent homelessness: What counts as reasonable depends on your situation. It might mean contacting your landlord. It might mean helping you get money support, or sending you to debt advice, or setting up mediation. In some cases it may mean accepting a main homelessness duty and giving you somewhere to live.
Does the prevention duty mean I will get housing?
Not always. The prevention duty is about taking reasonable steps. It does not mean the council will give you somewhere to live. But if the prevention duty ends and you are still homeless, the council's relief duty begins.
What if the council is not meeting the prevention duty?
The council may not have done an assessment. It may not have written a personalised housing plan. Or it may not be taking reasonable steps. If so, you can:
- Ask to speak to a senior officer and put your concerns in writing
- Make a formal complaint to the council
- Take the matter to the Local Government and Social Care Ombudsman
- Think about a judicial review if the council is not acting lawfully
See our guide on what to do if your homeless application is refused.
The prevention duty and disrepair
Your current home may have serious disrepair that makes it unfit to live in. Or you may have complained about disrepair, and your landlord hit back with an eviction notice. Either way, you may be at risk of homelessness. If so, you should approach the council under the prevention duty. Do this at the same time as looking into a disrepair claim. You can do both at once.
A disrepair claim may end with the landlord being ordered to carry out repairs. It may also end with compensation for the time the disrepair lasted. It does not stop the council 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, not a promise; every case is different.
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