This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

The council has to accept an application for help from any person who appears to be homeless or is likely to become homeless within 28 days. If the council won't let you make an application you should ask for written reasons why and get advice.

What should I do?

If you are told verbally that you can't apply, ask the council to confirm in writing why they are refusing to accept an application from you. Once you have the notification letter, get advice. You may be able to request a review. A review is a way to challenge the council's decision not to help you. It gives you the chance to tell the council more about your circumstances. The review process can be complicated, so you should get independent advice first.

If you can't request a review, it may be possible to challenge the council by judicial review in the high court. This can be complicated and you will need specialist legal help.

Where can I get advice?

If you have tried to apply to the council for assistance because you are homeless but have been told that you cannot do so, get advice from a Shelter advice centre, Shelter's free national helpline, Citizens Advice or other advice agency. Use our directory to find one in your area. An adviser can explain what your rights are and may be able to persuade the council that it has to accept your application.

Do I have to apply in person?

Councils have a duty to accept homelessness applications. You should be able to apply:

• in person
• by telephone
• in writing (you can adapt our  sample homelessness application letter if you want to do this).

However, most councils prefer homeless people to apply in person at the council offices so that they can be interviewed. If the council is insisting that you apply in a certain way and you are unable to do this for any reason, it may be acting illegally, and you should seek further advice from Shelter or other suitable agency. Use our directory to find an adviser in your area.

Can the council refuse to interview me?

The council has a legal obligation to investigate the situation of any homeless person who asks for help. This means that the council cannot refuse to help you without at least interviewing you. It is not allowed to make assumptions about your circumstances and can't refuse to help you without explaining why it thinks it does not have a duty to help you. If the council refuses to accept an application from you because it thinks that it will not have a legal responsibility to help you, get advice immediately.

Who can apply?

The council cannot accept homelessness applications from people who are too young or whose mental capacity is too limited to be able to decide whether to accept an offer of accommodation or not. All other people who are homeless or likely to become homeless within 28 days are entitled to make an application and to receive written confirmation of the council's decision about their application.

Does each person have to make a separate application?

It is only necessary to make one homelessness application for the whole of your household. This includes anyone who currently lives with you and anyone who could be expected to live with you if you had accommodation where you could all live together.

The council should look at the circumstances of everyone in your household when it makes its decision. For example, even if you are not eligible for assistance, there may be someone else in the household who is both eligible for assistance and in priority need. In situations like this, the council may have a duty to provide accommodation for your whole household.

What if I have come to the UK from abroad?

Some groups of people (such as most asylum seekers and many other people who have lived abroad) are not eligible for assistance. However, the council should still accept your homelessness application and make enquiries into your circumstances.

What if I've applied before?

If you have already applied as homeless and the council has made a decision on your application, the council may not accept another application. If you want to challenge the original decision, you should ask for a review.

However, if there has been a change in your circumstances, the council should accept a new homelessness application and start its enquiries again. For example, if you have become pregnant or developed health problems, you may now be in priority need.

What if I'm not homeless yet, but will be soon?

Councils only have to accept applications from people who are actually homeless, or who are threatened with homelessness within 28 days. You should be considered to be threatened with homelessness if, for example:

• your landlord has given you a valid notice which runs out within 28 days
• your landlord or mortgage lender has obtained a court order to evict you which takes effect within 28 days
• you are due to be discharged from an institution (eg hospital or prison) within 28 days and have nowhere to go
• you have been asked to leave by friends or family within 28 days.

If it is not likely that you will become homeless within 28 days, the council only has to give you advice and assistance about finding somewhere to live.

Court orders

Most tenants are entitled to wait until their landlord obtains a court order against them before they have to leave. However, councils should not insist that tenants wait until 28 days before a court order expires before considering them to be threatened with homelessness. If you are in this situation and the council is telling you that you must wait for a court order or for the bailiffs to arrive, get advice. Use our directory to find an adviser in your area.

Am I applying to the right council?

If you are homeless or threatened with homelessness you can apply to any council for assistance. However, you should bear in mind that if you do not have a local connection with the council area where you make your application, it may be possible for the council to send you to a different council area later on. The council can't send you back to an area where you (or a member of your household) have experienced violence or threats of violence that are likely to be carried out.

If the council is refusing to accept your application because it says that you should apply to a different council, get advice.

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