Emergency housing while the council makes enquiries

This content applies to England only.

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

If you don't have anywhere to stay the night, you can ask the council for help as a homeless person. If it believes that you may be eligible for assistance, homeless and in priority need, it has to provide emergency accommodation while it looks into your situation.

If you need help, use our directory to find an advice centre in your area.

When will the emergency housing be provided?

If you don't have anywhere to live and you ask the council for help, it has to provide accommodation immediately if it believes that you may be:

Each of these terms has a special legal meaning. The council doesn't have to be certain that you meet the criteria at this stage. If it has any reason to believe that you might be homeless, eligible and in priority need, it has to provide accommodation while it makes proper enquiries into your situation. This is the case even if the council suspects that you may have made yourself homeless intentionally.

If you are homeless and eligible for assistance but are not in priority need, the council can offer to provide emergency accommodation for you but it doesn't have a legal responsibility to do so.

What is emergency housing like?

Councils often use hostels and bed and breakfast hotels for emergency accommodation. They may be run by:

the council
a private landlord
a housing association
a voluntary organisation.

In some areas, such as London and other large cities, there is a shortage of emergency accommodation. In these areas, councils may use bed and breakfast hotels outside their own area.

From 1 April 2004, if you (or anyone in your household) have dependent children or are pregnant, you should only be placed in bed and breakfast in an emergency, and should not have to stay there for any longer than six weeks.

Will I have to pay for the emergency housing?

Yes, you will have to pay rent and you may have to pay other charges for things like meals or cleaning services. If you are on benefits or a low income you may be eligible for housing benefit, but this may not cover all your rent and it won't cover any other charges.

Will I have to share?

You may have to share facilities such as bathrooms or kitchens with other people. In some bed and breakfast hotels there are no kitchen facilities available for residents to cook their own meals. If you are placed in a hostel you may also have to share a bedroom.

Will the emergency accommodation be suitable for me?

The emergency accommodation should be suitable for you and your household.

If you are offered somewhere that you don't think is suitable, you should tell the council why you don't think it is suitable.

If the council doesn't offer you anything else, get advice from a Shelter advice centre or Citizens Advice. An adviser may be able to help you to convince the council that you should be offered something more suitable for your needs. This could be very helpful if, for example, you have children but have been housed in a bed and breakfast hotel. However, because emergency accommodation is only meant to be short-term and many areas have very little emergency accommodation available, it would have to be very unsuitable before you could successfully challenge the council about it.

Do I have to accept it?

Some councils may allow you to stay with family or friends even if the council has offered you emergency accommodation. The council must still continue to make enquiries into your situation. If your situation changes and you have to move out before the council finishes its enquiries, it should provide emergency accommodation for you.

How long can I stay?

You should be able to stay in the emergency accommodation until the council makes a decision about whether you are entitled to more help. When it finishes its enquiries, the council may decide:

that you are not entitled to further help. If this happens, you will probably have to leave the accommodation soon after you are notified of the decision
that you are intentionally homeless. If this happens, you can stay in the accommodation for a reasonable period after you are notified of the decision to give you time to look for somewhere else to live (normally 28 days)
to refer you to another council because you don't have a local connection. This can only happen in some circumstances. You can stay in the accommodation provided by the council you applied to until the second council finds somewhere for you to live and you can't be sent to an area where you would be at risk of violence
that you are entitled to further help. If this happens, you may have to stay in the emergency accommodation for a while until the council can find longer term suitable accommodation.

What about my furniture and belongings?

You may not be able to keep your furniture and belongings with you at the emergency accommodation the council provides. If your personal belongings are at risk, the council has a responsibility to protect them if you can't afford to do so yourself. Most councils do this by putting your belongings into storage. They normally charge a fee for this.

What if my circumstances change?

If your circumstances change while you are in emergency accommodation, the council may take this into account when it makes a decision about what further help you are entitled to. The types of changes that could affect the council's responsibility towards you include:

a change in the number of people in your household (for example, if you split up with your partner)
a different housing situation (for example if you move into suitable accommodation that you have found for yourself)
you were pregnant but you have lost the baby.

What if I have problems in the accommodation?

If you have problems in the emergency accommodation the council provides (such as if you are being harassed by other residents) you should inform the council and get advice as soon as possible.

If you leave the emergency accommodation, the council can still continue its enquiries into your situation. It may agree to provide alternative emergency accommodation, but this isn't guaranteed. Your chances of getting somewhere else will depend on your particular circumstances. Get advice immediately if you are in this situation.