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Homeless people's rights

Content applies to England

If you are homeless or have been threatened with eviction you may have legal rights to stay in (or return to) your home. You may also be entitled to help from the council and/or social services. You still have the right to claim benefits and the right to vote.

Can I stay in, or return to, my home?

It's important to check whether you have the right to remain in your home. This may be the case if your landlord tries to evict you without following the correct legal procedure, or after a relationship breakdown. Even if you have already left, you may be able to return if you still have the right to live there.

If you leave your accommodation when you don't have to, or do not return when you have the right to, it could affect any right you may have to get help from the council. Try to get advice before leaving, if possible.

Can the housing department help me?

Local councils have specific legal duties towards homeless people.

If any person who is homeless or threatened with homelessness approaches the council for help, it has to provide them with advice and assistance.

Some people are also entitled to accommodation from the local council. You are entitled to emergency accommodation if the council believe you fit certain legal criteria. To meet these you must be:

Each of these terms has a special legal meaning. Get advice if you are not sure of your rights or if the council housing department are refusing to help you.

Can social service help me?

Social services sometimes have duties to help certain groups of people who become homeless. These groups include:

  • some young people aged under 18
  • people who have been in care (normally up to age 21, or up to your 24th birthday if you are still in full-time education)
  • people with disabilities
  • people with mental health problems
  • older people

Social services may be able to help families with children but they are not legally obliged to provide accommodation where everyone can live together. If you are in this situation or have problems getting help from social services, use our directory to find a local advice centre.

Can I claim benefits?

If you are homeless, you are still entitled to claim benefits. If you receive your money by giro you can arrange to collect your giro in person from the DWP (Department for Work and Pensions) rather than have it sent to you. If you are in a crisis situation, you may also be able to apply for a loan to cover emergency expenses. You will have to pay this loan back. Whether loans are given or not depends on your situation and the amount of money in the DWP budget. There is an out of hours emergency service provided by the DWP.

Can I vote?

If you are over 18 and a UK citizen, you are still entitled to vote. Instead of registering at a permanent address, you can register at a temporary address or by making a declaration of local connection. This is a statement that you make to the local electoral office to say where you spend the majority of your time.

What if I'm under 18?

Young people under 18 have different rights to benefits and different rights to accommodation if they become homeless. Your rights will also depend on whether you have spent time in care in the past. You could be legally entitled to help from the housing department, or from social services, or both.

What if I have lived abroad?

People who have lived abroad may have different rights depending on their particular circumstances. If you have lived abroad, your rights depend on:

  • when you entered the country
  • the purpose of your stay
  • whether you are seeking asylum
  • whether you are an European Union national.

You will probably need help from a specialist immigration adviser.

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Updated: 19 Mar 07

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Copyright © Shelter 2008
Charity Number 263710
88 Old Street, London EC1V 9HU
Website http://www.shelter.org.uk/
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Printed 16 May 2008 at 07:26 hrs by 38.103.63.16