Legal definition of homelessness

This content applies to England only.

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

The council must check whether you are legally classed as homeless before it can decide what help you are entitled to. You don't have to be sleeping on the streets to be considered homeless. And if you disagree with the council's decision, you may be able to get it changed.

Who is legally classed as homeless?

In deciding whether you are homeless, the council has to look at any accommodation you have access to. You should be considered homeless if:

• you have no home in the UK or anywhere else in the world
• you have no home where you can live together with your immediate family
• you can only stay where you are on a very temporary basis
• you don't have permission to live where you are
• you have been locked out of home and you aren't allowed back
• you can't live at home because of violence or threats of violence which are likely to be carried out against you or someone else in your household
• it isn't reasonable for you to stay in your home for any reason (for example, if your home is in very poor condition)
• you can't afford to stay where you are
• you live in a vehicle or boat and you have nowhere to put it

The council has to look at your situation as a whole before deciding whether you are homeless. For example, even if you have accommodation that you have a legal right to live in and no one is trying to get you out, it may not be reasonable for you to stay there. This would be the case if you are experiencing violence or harassment, or if you the condition of your home is damaging your health.

I've got accommodation - can I still be homeless?

Yes, even if you have somewhere to stay the council may still consider you to be homeless. Examples of situations where the council should consider you to be homeless even though you have accommodation are given below, but there may be other reasons. Even if you don't fit into one of these categories you may be able to argue you are homeless because you can't stay where you are. If you are not sure of your rights, contact an adviser for help - use our directory to find one. In most cases, you should not leave your accommodation until the council accepts that you are homeless. If you do, the council may decide that you made yourself homeless intentionally.

I have no home where my immediate family can live together

The council should consider you to be homeless if you can't live in your accommodation with everyone who normally lives with you. The council should also consider you to be homeless if there is someone who could be expected to live with you but who is not able to at present. This might be because, for example, the accommodation is too small or because your landlord doesn't allow children.

My accommodation is very temporary

The council should consider you to be homeless if:

• you only have basic shelter or accommodation of a very temporary nature such as a hostel or women's refuge
• you are staying with friends or family temporarily but they can only put you up for a short time.

I haven't got a legal right to live in my accommodation

If you don't have permission to live in the accommodation you are living in (for example because you are squatting) the council should consider you to be homeless.

I can't get into my accommodation

The council should consider you to be homeless if you are unable to get into your accommodation. This could be because your landlord or someone you live with has changed the locks and will not let you back in. If your lanldord has changed the locks it may be an illegal eviction and the council may be able to help you in other ways.

There is a risk of violence in my home

It is not reasonable to be expected to stay somewhere if you are experiencing violence or threats which are likely to be carried out against anyone in your household. This includes domestic violence or violence from people outside your home. If you are in this situation, the council should consider you to be homeless. You will be asked to provide details and dates of any violent incidents. You don't have to press charges against the violent person or provide police reports, but any evidence you can provide will be helpful.

My accommodation is in very poor condition

If your home is of a much poorer standard than most other housing in the area, the council may consider you to be homeless because it is not reasonable for you to stay there. However, your accommodation would have to be in a very poor state of disrepair (for example, so bad that it is damaging your health) for this to be the case.

I can't afford to stay where I am

The council should consider you to be homeless because it is not reasonable for you to live in your accommodation if you can't afford to keep living there without depriving yourself of basic essentials such as food or heating. This also applies if you haven't got enough money to be able to return to accommodation that is still available for you. However, in this situation the council may offer to pay for you to return rather than provide you with accommodation itself.

There's nowhere to put my houseboat or caravan

The council should consider you to be homeless if you live in a moveable structure such as a houseboat or caravan, and there is no place where you are allowed to keep it or live in it.

Am I threatened with homelessness?

The council should consider you to be threatened with homelessness if you are likely to become homeless within 28 days. For instance, this applies if your landlord gets a court order to evict you and you have to leave within 28 days.

In situations like this, the council should give you advice about whether you have a right to stay where you are. It may be able to help you to stay in your current home by helping you to negotiate with your landlord.

If it is unlikely that you can stop your landlord from evicting you, the council has a duty to help you as if you were already homeless. It should not wait until you are evicted before looking into your situation.

What if the council says I don't qualify?

If the council decides that you're not homeless or threatened with homelessness, it has to inform you in writing. The decision letter must explain the reasons why the council has come to that decision. It must also inform you that you have a right to request a review of the decision within 21 days.

If you are not homeless or threatened with homelessness, the council only has to give you advice and assistance about finding somewhere else to live. If you are already in emergency accommodation provided by the council, you will probably be asked to leave.

Can I get the council to change its decision?

If you think the council's decision is wrong, contact a local advice centre that is independent of the council as soon as you can. Use our directory to find one. If you want the council to review its decision, you have to ask it to do so within 21 days of receiving the decision letter. An adviser may be able to:

• look into the reasons for the decision and help you work out whether you have a good chance of getting the council to change its decision
• help you put together the information you will need to provide for the review
• convince the council to provide accommodation until the review is completed
• help you to appeal further if the council still refuses to help you
• help you find other emergency accommodation if the council will not accept that you are homeless.