Homeless people's rights

This content applies to England only.

Housing laws vary between England and Scotland. 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 is 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 emergency housing rights checker.

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.

If you are aged 16 or 17, you are normally entitled to housing and support from social services. In most cases it will be social services that have to take responsibility for finding you somewhere to live, rather than the housing department of the council.

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:

most young people under the age of 18
people who have been in care (normally up to age 21 or up to the age of 24 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 Department for Work and Pension(DWP) 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 register with a doctor?

If you are homeless, you are still entitled to register with a doctor. You can do so using a temporary address, such as a friend's place or a day centre. You can find a doctor in your area by:

using the Yellow Pages
calling NHS Direct on 0845 4647
visiting the NHS Direct website.

There are also specialist medical centres for people who are homeless or roofless (sleeping rough). Call Shelter's free housing advice helpline or contact a local advice agency to find out if there is a centre near you.

Can I vote?

If you are over the age of 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 the age of 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.