Overview of council duties

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

If you don't have anywhere to live, the council's housing department might have to help you. If you apply as homeless, they will look into your circumstances to decide what help you are entitled to.

If you are not sure of your rights, an adviser can look into your situation and may be able to put arguments to the council on your behalf. Use our directory to find an adviser in your area.

Who can get help?

You don't have to be sleeping on the street to get help from the council. It may also have to help you if:

• you are likely to be evicted within the next 28 days
• you can only stay where you are temporarily (for example, if you are staying with friends or family in an emergency)
• you have to move because of violence or threats
• you are living in overcrowded conditions
• you have been locked out of your home
• you live in a caravan or houseboat but have nowhere to put it
• your home is in such a bad state of repair that it is damaging your health
• you are squatting or don't have permission to stay where you are
• your household is forced to live apart because your accommodation isn't suitable for you all to live together.

The rules about what help councils have to provide to people with housing problems changed on 31 July 2002. More people are now entitled to advice and accommodation. Even if the council has refused to help you in the past, don't be put off. It's worth finding out whether the changes affect you.

What's involved in making an application?

if you are homeless and ask the council for help, it has to follow special procedures. Each of the steps is described in more detail below. This is what should happen:

• you go to the council to make an application
• the council interviews you and takes all the details of your circumstances
• if you need it, you may be offered emergency accommodation while the council makes its enquiries
• the council may have to protect your belongings
• the council completes its enquiries and gives you its decision in writing
  
• if you don't have a local connection, you may be sent to another council's area
• If you meet certain criteria, you will be offered longer term temporary accommodation
  
• you may eventually be offered settled accommodation.

What happens when I go to the council?

When you go to the council and tell them you are homeless, you should be interviewed by a council officer, who will assess your housing needs. The officer should ask you about your circumstances and allow you to explain how you have become homeless.

The kind of help that the council has to give you depends on your individual situation. If you are homeless or likely to become homeless within the next 28 days, the very least the council has to do is:

• accept a homelessness application from you
• give you advice and assistance to help you avoid losing your home (this may include helping you to negotiate with your landlord or mortgage lender)
• give you advice about finding somewhere else to live.

The level of advice and assistance can vary depending on your circumstances. If the council only gives you a list of bed and breakfast hotels, hostels and private landlords, get advice from a housing aid centre or citizens advice bureau. Use our directory to find one.

If you are likely to become homeless but not within the next 28 days, the council probably won't accept a homelessness application. If you are in this situation, use our directory to find a local housing aid centre or citizens advice bureau that can help you find a place to live.

The council also has to provide accommodation for certain groups of homeless people. Whether you are entitled to accommodation and how long you can stay there will depend on your personal circumstances. It may have to find somewhere for you to stay immediately while it looks into your situation. Once it has finished its enquiries, you may be offered longer-term temporary housing. If this happens you will be able to stay there until the council arranges settled accommodation for you or you choose to leave.

Will I get emergency accommodation straight away?

The council has to provide you with emergency accommodation while it looks into your situation if it believes you may be:

• legally classed as homeless
• eligible for assistance, and
• in priority need.

While you are in emergency accommodation, the council will continue to look into your circumstances and decide if you are entitled to any further help.

The type of emergency accommodation provided varies from council to council. At this stage, councils often house people in hostels or bed and breakfast hotels. The council can make a reasonable charge for this accommodation. You may be able to get housing benefit to help pay the rent if you are on a low income.

What happens to my belongings?

If the council gives you accommodation because you are homeless, it also has to protect your belongings. This only applies if your property is at risk and you cannot make arrangements to protect it yourself. This could be because:

• you can't afford to arrange removals or storage
• you are too ill to arrange anything

Most councils will put your household goods (such as furniture) into storage. They must make sure they are safe until you are able to protect them yourself or the council no longer has a responsibility to provide accommodation for you. The council will probably charge you for looking after your belongings.

What happens to my pets?

If you are homeless and have a pet, the council should consider arranging accommodation for you with your pet (especially if you rely on your pet for companionship) or arranging alternative care for your pets. However, councils can be reluctant to pay for alternative care for pets, and it is advisable to see if friends or family can look after them.

What happens when the council makes a decision?

The council must inform you in writing of its decision about whether you are entitled to help or not. The letter must either be sent to you or left at council offices for you to collect.

If the council has decided that it can't help, the letter must explain the reasons why. It must inform you that you can ask for a review of the decision. If you want to request a review, get advice immediately. The procedure can be complex and you have to ask for a review within 21 days of receiving the decision letter.

What happens after the council makes a decision?

The council must continue to provide accommodation or help you get other accommodation, if it is satisfied that you:

• are legally classed as homeless, and
• are eligible for assistance, and
• are in priority need, and
• did not make yourself homeless intentionally, and
• have a local connection with the council's area

Temporary accommodation might be provided by the council, a housing association or in private rented accommodation.

Will the temporary accommodation be suitable for me?

The temporary accommodation has to be suitable for your household. The council has to look at specific factors in deciding if the accommodation is suitable for you. These include:

• how much you can afford to pay for the accommodation
• the location and size of the accommodation
• any effect it may have on your health

If the council provides accommodation that is unsuitable, get advice before you turn it down. You may be able to challenge the council but you should find out first if you have a strong case before deciding what action to take. If you refuse accommodation that the council considers suitable, they might not have to give you any further help. If you accept it, you can ask the council to review its decision about whether it is suitable after you move in. This will mean you have somewhere to stay even if your review is unsuccessful.

Can I be sent to another council area?

If the council decides that you fit all the criteria apart from having a local connection, it may decide to ask a different council to provide you with temporary accommodation. This can only happen in certain circumstances. The council is not allowed to send you to an area where any member of your household is at risk of violence.

If the council does decide to refer you to a different area, it has to provide emergency accommodation for you until the other council finds somewhere for you to live. The council cannot refer you until it has completed its enquiries.

What if I have to leave the accommodation?

If you have to leave the temporary accommodation through no fault of your own, the council may still have to help you. However, if you have to leave because of something you have done, the council may not have to continue to help you. This could happen if you:

• fall behind on the rent when you could have afforded to pay it
• are involved in antisocial behaviour

If you are threatened with eviction from your temporary accommodation, get advice immediately. Do not assume that the council will have to rehouse you as this may not be the case.

Will I get more permanent accommodation?

If the council agrees it has a legal responsibility to provide temporary accommodation for you, you are allowed to stay in that accommodation until you are able to move somewhere more settled. You may be able to find somewhere yourself. If you can't, the council may be able to offer you:

• a permanent council tenancy (councils have to give homeless households extra priority on the waiting list)
• an assured tenancy with a housing association or a private landlord
• a 'qualifying offer' of an assured shorthold tenancy

However, you will not be eligible to go on the council's waiting list if you, or any other member of your household, are guilty of serious unacceptable behaviour (which includes antisocial behaviour or serious rent arrears). The council will still have a duty to provide temporary accommodation but you are unlikely to be offered a council tenancy or a housing association tenancy.

Councils have to follow special procedures if they offer you settled accommodation. If you accept an offer, the council will no longer have a responsibility to help you. If it makes an offer of a permanent council tenancy but you don't want to accept it, get advice. If you refuse an offer that the council believes is suitable for you, you will probably have to leave your temporary accommodation and the council won't have to give you any more help.