Prison leavers and housing: your rights

Leaving prison without somewhere to live makes it much harder to rebuild your life. But prison leavers do have housing rights, and the council may have a duty to help. You will find out what help is available, how homelessness applications work for people leaving prison, and where to get support.

Am I likely to be homeless when I leave prison?

You may be at risk of homelessness if:

• Your private tenancy was ended while you were inside
• You were evicted from social housing because of your conviction
• The home you were living in before is no longer available to you
• You have no fixed address to return to

If you are being released without somewhere settled to go, you should start contacting the council and housing services as early as possible, while you are still inside if possible.

Can I apply to the council for housing?

Yes. If you are homeless on release, you can apply to the council's housing team as homeless. The council will carry out a homelessness assessment. To be owed the main housing duty (the strongest duty), you need to be:

• Eligible: most people are eligible, but some people with immigration restrictions are not
• Homeless: if you have no settled accommodation to go to on release, you are likely to be homeless
• In priority need: priority need is harder for prison leavers without children or a disability. But you may qualify if you have a physical or mental health condition that makes you vulnerable, or if you have dependent children

Is vulnerability taken into account?

Yes, but you need to show it. If you have a serious mental health condition, a physical disability, a learning disability, or another condition that makes homelessness significantly harder for you to cope with than it would be for most people, you may be in priority need on grounds of vulnerability.

Get medical evidence if you can, and ask your offender manager or probation officer to write a letter supporting your housing application.

What if the council says I am intentionally homeless?

If you lost your previous home because of a conviction or behaviour that led to your imprisonment, the council may argue you are intentionally homeless. This reduces the duty they owe you.

Intentional homelessness decisions can be challenged. If you have been told you are intentionally homeless, seek legal advice quickly, you have 21 days to request a review.

What about the duty under the Offender Management Act?

Under the Offender Rehabilitation Act 2014 (as amended), probation services must consider accommodation when releasing someone from custody. If you are under probation supervision, your probation officer or offender manager should help you plan for housing on release. If this is not happening, raise it with them directly.

Organisations that can help

• Shelter: provides housing advice for people leaving prison
• St Giles Trust: specialist support for people leaving custody with housing needs
• Citizens Advice: can help you make a homelessness application and challenge refusals
• Crisis: specialist homelessness charity with services for people leaving custody

Housing disrepair claims

If you were living in a property before you went to prison that had disrepair your landlord failed to fix, you may still have a legal claim for compensation. The limitation period (the time you have to bring a claim) continues to run, and imprisonment does not automatically pause it. If you think you may have a claim, seek legal advice as soon as possible after release.

When should I contact Support for Tenants?

We handle housing disrepair claims in England. If your previous or current rented home had disrepair that a landlord has not fixed, call us.

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 (homelessness) (legislation.gov.uk)
• Offender Rehabilitation Act 2014 (legislation.gov.uk)

Related articles

• Homelessness application, what happens next
• Free housing legal advice in England, where to get it