Emergency housing rights checker
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
Emergency housing rights checker
Does the council have to house you?
If you don't have a place to live, your local council may have a duty to house you. But dealing with the council can be difficult and not everyone is entitled to emergency housing.
Use this free online assessment to help you work out what you're entitled to. It involves five steps, takes only a few minutes and is totally confidential.
Question 1 Are you a UK citizen who normally lives here?
First the council will check your nationality and where you normally live, to work out whether you are eligible for assistance. It's possible for some of the people you live with to be eligible and others not.
Question 2 What is your current housing situation?
Next, they will ask about where you're living at the moment. Your council will want to check if you are legally homeless. Please select the appropriate option from the following list:
Question 3 Are you in priority need?
Think carefully about each question. Consider your own circumstances, and also those of anyone else in your household who may be eligible for assistance. If one or more of these situations applies, you may be in priority need.
Select the option that applies to you.
Are you vulnerable?
If you are vulnerable the council may decide that you are in priority need.
Read more
You might be considered vulnerable if you:
- are under 25 and are at risk of abuse or prostitution
- have/had to leave your home because of violence or threats
- have spent time in care, the armed forces, a young offenders' institute or prison, and have had problems keeping a home ever since
- are at risk because of old age
- have a learning disability
- have serious mental or physical health problems.
Even if you're not in one of these situations, there may be other special reasons why you are vulnerable. The council will not automatically consider you to be vulnerable so make sure you tell the council about any personal circumstances that make it difficult for you to deal with your housing situation. Get advice if you think you are vulnerable but the council says you are not.
Question 4 How did you lose your last home?
Next, the council will ask why you left your last home, to help them work out whether you are intentionally homeless or not.
Did you leave your last home because you or someone in your household did something that they shouldn't (such as causing problems to neighbours), or failed to do something that they should have done (such as paying the rent when you could afford to)?
Question 4A Did you realise that what happened might lead to you having to move out?
Because you answered 'yes' to the last question, we need to ask for some more information.
Question 4B Could you have continued living there if the problem hadn't happened?
Because you answered 'yes' to the last question, we need to ask for some more information.
Question 4C Would it have been reasonable for you to stay there?
Because you answered 'yes' to the last question, we need to ask for some more information.
Question 5 Do you have a local connection?
If you have got this far, it's very likely that you are entitled to longer-term temporary housing. If the council says otherwise, get independent advice immediately. However, the final thing the council will check is whether you have a local connection. If you don't, they can use special procedures to ask another council to take responsibility for you. This can only happen in certain situations.
If any of the following points apply, please select the appropriate option:
Question 5 Do you have a local connection?
If you have got this far, it's very likely that you are entitled to longer-term temporary housing. If the council says otherwise, get independent advice immediately. However, the final thing the council will check is whether you have a local connection. If you don't, they can use special procedures to ask another council to take responsibility for you. This can only happen in certain situations.
If any of the following points apply, please select the appropriate option:
Question 5 Do you have a local connection?
If you have got this far, it's very likely that you are entitled to longer-term temporary housing. If the council says otherwise, get independent advice immediately. However, the final thing the council will check is whether you have a local connection. If you don't, they can use special procedures to ask another council to take responsibility for you. This can only happen in certain situations.
If any of the following points apply, please select the appropriate option:
Question 5 Do you have a local connection?
If you have got this far, it's very likely that you are entitled to longer-term temporary housing. If the council says otherwise, get independent advice immediately. However, the final thing the council will check is whether you have a local connection. If you don't, they can use special procedures to ask another council to take responsibility for you. This can only happen in certain situations.
If any of the following points apply, please select the appropriate option:
Result - You may not be eligible for assistance
If the council believes you are not eligible for assistance, it doesn't have a duty to house you. The decision may also affect your rights to financial help, such as housing benefit.
People from abroad
Some people from abroad are eligible for assistance but many are not, including most asylum seekers and people from certain European countries. Your rights may vary depending on your immigration status, whether you are 'habitually resident' in the UK and whether you are classed as a 'worker'. You should get specialist immigration advice before you contact the council.
UK citizens
If you are a UK citizen and have been living abroad, you will probably become eligible for assistance once you are classed as 'habitually resident'. This usually takes three to six months so, if the council decides that you are not eligible right now, you can try reapplying later on.
What are my rights?
The council should explain in writing why it thinks you're not eligible for assistance. Get advice to check whether the reasons it gives you are legally correct. If they are not, you may be able to challenge the decision. Remember: this assessment is only a guide, and it's worth discussing your personal circumstances with an adviser.
If you are certain that you are eligible for assistance (ie because you are a UK citizen and are now 'habitually resident'), continue the assessment to check what you are likely to be entitled to.
Result - You are classed as 'threatened with homelessness'
This means that the council should try to help you keep your current home, if it's reasonable for you to stay there. The council might also be able to help you negotiate with your landlord or lender.
While this is happening, the council should continue to make enquiries into your entitlement to housing if you do lose your home - it shouldn't wait until you become homeless. The council should also give you advice about how to find a new home.
Result - You're probably not legally classed as homeless
From what you have told us, you probably can't get temporary housing from the council. This is because you're not classed as 'homeless' or 'threatened with homelessness'. You don't have to be on the streets to get help, but 'homeless' and 'threatened with homelessness' do have special legal definitions.
Is the council's decision correct?
If the council says it can't help you because you don't fall into either of the above categories, it should explain the reasons for its decision in writing. If you think the decision is unfair, you may be able to challenge it. This assessment is only a guide, so it's worth getting advice, especially if your situation is unusual.
What other options do I have?
You can probably apply for a permanent council home. But you may well have to consider other housing options in the short term, because waiting lists are usually very long. A local advice centre may be able to help you - use our directory to find one.
Result - You are probably not in priority need
From the answers you have given, it sounds like you're probably not in priority need. If the council decides that this is the case, it still has to give you help and advice about finding a place to live.
However, the council does not have a legal duty to house you. In theory, it is allowed to do so, but the council is very unlikely to offer you anything unless you live in an area where there is a lot of housing available.
Can I change the council's decision?
If the council decides that you're not in priority need, it has to explain why in writing. An adviser may be able to help you check that the council hasn't overlooked anything. Remember, this assessment is only a guide, and you may have special circumstances that would mean you are in priority need.
There are several ways to challenge the council's decision if it is wrong. Contact your local advice centre if you need help doing this.
What other options do I have?
Check out our information on possible housing options and the financial help that you may be able to get. For instance, you may still be able to apply for a permanent council home, but you will probably have to consider other housing options in the short term because waiting lists are usually very long.
Result - Social services are probably responsible for housing you
Most homeless 16 and 17 year olds are entitled to accommodation and support from social services rather than the housing department of the council.
What will happen if I ask the housing department for help?
The housing department will normally want to refer your case to social services. However, the housing department will have a duty to house you immediately, as you will be in priority need until social services have decided what duty (if any) they have to help you. If you have problems, call our free housing advice helpline or use our directory to find a local advice centre.
If social services then assess your case and decide that they do not have to provide accommodation for you then you are still automatically in priority need and should continue the assessment.
What will happen if I ask social services for help?
Social services can give you housing, financial support and a range of services. It may actually be to your advantage to receive help from social services rather than the housing department. See our page on support for 16 and 17 year olds for more information.
It is very rare for a 16 or 17 year old not to be entitled to housing and support from social services. This is only likely to be the case if:
- you had been living independently for some time before you became homeless, or
- you do not accept an offer of accommodation because you do not want to be 'looked after' by social services.
If you have nowhere to stay tonight and social services do not offer you emergency accommodation, you should apply as homeless as well. The housing department will then have a duty to house you immediately, as you will be in priority need until social services have decided what duty (if any) they have to help you.
What will happen if I'm not entitled to help from social services?
If you are not entitled to accommodation from social services then you are automatically in priority need and should continue the assessment to check what you might be entitled to from the housing department. You should also get specialist advice as soon as you can. This decision could mean that you are entitled to less help, both now and in the future. Call Shelter's housing advice helpline or use our directory to find a local advice service.
Result - You may be classed as intentionally homeless
If the council decides that you are intentionally homeless, you will not be entitled to longer-term housing and will probably have to leave any interim accommodation it has provided – within 28 days of receiving the council's decision letter.
Is the council's decision correct?
The council has to give you its reasons in writing. Get legal advice immediately to see if you can challenge the decision. The rules are complicated and the council may be wrong. Don't wait until you have to leave your short-term accommodation to get advice.
You may be able to challenge the council's decision if:
- you did everything you could to avoid leaving your home
- you gave up your home because you didn't know you had a right to stay
- the actions that led to the eviction were carried out by someone else in your household, and you didn't know about this, or couldn't stop them from happening
- you left because you were given incorrect or misleading advice about your rights
- It wasn’t reasonable for you to stay in your home.
What other options do I have?
Even if you can't get the council's decision overturned, you may be able to get help from social services if you are:
- under 18,
- have dependent children, or
- are disabled.
You may also be able to apply for a permanent council home - you may be given some priority on the waiting list, although this could also depend on the reasons why you lost your last home. You will probably have to consider other housing options in the short-term because waiting lists are usually very long.
Result - The council you applied to should house you
From the answers you have given, it sounds like you meet all the criteria and you either have a local connection with the council's area, or you don't have a local connection anywhere at all. Either way, the council you applied to should house you.
What am I entitled to?
You are probably entitled to ongoing temporary housing from the local council. You can normally stay until, you can move into settled accommodation.
What can I do if the council refuses to help me?
If the council says it doesn't have to help you, or you think the housing it offers you is unsuitable, get advice immediately. There's a fairly good chance that you may be able to challenge the council's decision.
What other options do I have?
You should also apply for a permanent council home - you may be given some priority on the waiting list. However, you will probably have to consider other housing options in the short term because waiting lists are usually very long.
Result - The council you applied to may try to refer you to another council area
From what you've told us, you may not have a local connection with the council you've applied to, but you do with at least one other council elsewhere.
Why does it matter?
Although you are entitled to housing, the local council might try to get the council for the area where you have a local connection to take responsibility for you. If this happens, both councils must follow certain rules:
- They cannot send you back to an area where you are at risk of violence.
- If the only connection you have with the other area is that members of you family live there and you don't want to be near them, you shouldn't be sent there.
- If you have a connection with more than one area, the council you applied to should ask you where you'd prefer to live and should take this into account.
- If you're sent to another council, they have to accept the assessments the first council made about your situation - they can't start the whole process again.
- If the council in the other area says it doesn't have to help you, the original council will have to continue to house you until the disagreement is sorted out.
What can I do if I'm not happy with how this is handled?
If either council refuses to follow the rules, you may be able to challenge them. If you don't want to move to the other area, tell the council why and get advice straightaway. You can also apply for a permanent council home. However, you will probably have to consider other housing options in the short term because waiting lists are usually very long.
