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Homeless people's rights

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 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. To find out what sort of help you might be entitled to, use our free online assessment.

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 believes 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 services 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 24^th birthday if you are still in full-time education)
people with disabilities
people with mental health problems
older people

Social services may also 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.

Depending on your circumstances, you may also be able to apply for a grant or loan from the Social Fund. Your chances of getting one will depend on your situation and the amount of money in the DWP budget.

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.