Sofa surfing: are you legally homeless and what help can you get?

"Sofa surfing" means staying temporarily with friends or family because you have no permanent home of your own. Many people in this situation do not realise they may legally be homeless, and entitled to help from their local council. Below, we explain your rights.

Is sofa surfing the same as homelessness?

Yes, in most cases. The law does not require you to be sleeping on the streets to be homeless. Under the Housing Act 1996, you are homeless if you do not have a home you are legally entitled to occupy. If you are staying on someone's sofa because you have nowhere else to go, and you have no legal right to remain there, you are likely homeless in law.

This matters because it affects what help the council is obliged to give you.

What if the person I am staying with needs me to leave?

If the person you are staying with (a friend, relative, or ex-partner) tells you that you can no longer stay, or if it is clear that the arrangement is not sustainable, this triggers a right to approach your local council for homelessness assistance.

You do not need to wait until the day you have to leave. If you are threatened with becoming homeless within 56 days, for example, if someone tells you that you need to find somewhere else soon, the council must help you under the homelessness prevention duty.

What will the council do?

When you approach the council as homeless or at risk of homelessness:

1. They must carry out an assessment: the council will ask about your circumstances, your housing history, and any support needs you have.
2. They must give you a personalised housing plan: this sets out what steps you and the council will take to resolve your homelessness.
3. They must provide emergency accommodation if they have reason to believe you may be homeless and in priority need (for example, if you have children or a serious health condition).

Priority need includes families with dependent children, pregnant women, and people made homeless through a fire or flood. Some groups, including care leavers under 21 and people with certain serious conditions, also have automatic priority need.

If you do not fall into a priority need category, the council still has duties toward you under the prevention and relief duties, even if the full main housing duty does not apply.

What if the council says I am not homeless?

You have the right to challenge any decision the council makes about your homelessness application. Ask for a review within 21 days of receiving the decision. If the review is unsuccessful, you can appeal to the County Court on a point of law.

Can I approach a council in an area I have just moved to?

Yes. You can approach any council in England. However, if you have no local connection to that area, the council may refer your case to another authority where you do have a local connection, unless you would be at risk there.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. If you are staying elsewhere because your own rented home is uninhabitable due to disrepair that your 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)
• Homelessness Reduction Act 2017 (legislation.gov.uk)