When you apply to the council as homeless, one of the questions they will consider is whether you are in "priority need". Priority need is a legal threshold:
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When you apply to the council as homeless, one of the questions they will consider is whether you are in "priority need". Priority need is a legal threshold: if you have it, the council has a stronger duty to house you. If the council says you do not have priority need, you can challenge that decision. Here is what the law says.
The short answer
Priority need is defined in the Housing Act 1996 and the Homelessness (Priority Need for Accommodation) (England) Order 2002. The key categories are households with dependent children, pregnant women, people who are vulnerable through old age, mental illness, physical disability, or other special reason, people made homeless by an emergency, and care leavers under 21. These categories are wider than many people realise.
Who has priority need?
Households with dependent children
If you have a child under 16 (or under 19 if in full-time education) who normally lives with you, you have priority need. "Normally lives with you" can include shared custody arrangements where the child stays with you for significant periods.
Pregnancy
A pregnant woman has priority need, regardless of what stage of pregnancy she is at.
Emergency homelessness
Someone made homeless by a fire, flood, or other emergency that destroys or makes the home uninhabitable has priority need.
Care leavers (16–17 year olds)
A 16 or 17 year old who applies as homeless, and a care leaver under 21, both have priority need.
Vulnerability
This is the most commonly disputed category. A person is in priority need if they are vulnerable as a result of:
- Old age
- Mental illness or learning disability
- Physical disability
- Having spent time in care, the armed forces, or custody
- Fleeing violence or threats of violence (including domestic abuse)
- Any other special reason
"Vulnerable" in this context means that the person is significantly less able to fend for themselves than an ordinary person without their vulnerability, such that injury or harm would result if they were not housed.
The courts have confirmed that vulnerability is not limited to the categories listed, it is open-ended. If someone has a health condition, a disability, or a history that makes them significantly less able to cope with the experience of homelessness, they may be vulnerable within the legal definition.
Common examples that often qualify as vulnerability
- A person with a serious mental health condition (depression, PTSD, schizophrenia, bipolar disorder) who has been hospitalised or is currently receiving community mental health care
- A person with a physical disability that limits mobility or self-care
- An older person who is frail, even if not formally diagnosed with any condition
- A person with a long-term illness (cancer, HIV, serious respiratory disease) who would struggle to manage without stable housing
- A person fleeing domestic abuse
- A person with a learning disability
- A person who has recently left prison or the armed forces
What the council must do
When you apply as homeless, the council must assess whether you have priority need. They must consider all the information you provide. If you have a health condition, disability, or other vulnerability, tell the council in writing and provide supporting evidence, a letter from your doctor, consultant, or specialist is helpful.
The council cannot refuse to assess your priority need. Even if they initially say you are not in priority need, you can request a review of that decision within 21 days.
If the council decides you do not have priority need
Ask for a statutory review under Section 202 of the Housing Act 1996. You have 21 days from receiving the decision to ask for a review. Prepare a written statement explaining why you believe the decision is wrong and providing any additional evidence of vulnerability. If the review upholds the decision, you can appeal to the county court on a point of law within 21 days.
Priority need and disrepair
If your home is in such a state of disrepair that it is no longer reasonable for you to continue to occupy it, you may qualify as homeless under Section 175 of the Housing Act 1996. If you also have priority need, the council has a stronger duty to house you. The two routes, disrepair claim and homelessness application, can run in parallel.
When should I contact Support for Tenants?
If you are homeless, or at risk of homelessness, and your housing also has serious disrepair, 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
- Section 189, Housing Act 1996 (priority need) (legislation.gov.uk)
- Section 202, Housing Act 1996 (right to review) (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
- The council says they can't rehouse me without a court order
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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