This content applies to England only.

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

It is important to do everything that you can to keep your home or to secure alternative accommodation on your release. Otherwise, you  may find yourself homeless when you are released from prison.

Ask an adviser in your prison for help, or use our directory to find an adviser in the surrounding area.

Paying your rent when in prison

To keep your home when in prison, you will have to make sure that your rent will be paid. You may be able to do this by:

• claiming housing benefit to cover the period you are on remand or in prison
• your partner or former partner claiming housing benefit, or
• finding a family member, relative or friend who can pay the rent and act as a caretaker or housekeeper.

It is important to act quickly – it is easier to get housing benefit paid if a claim is made at the earliest opportunity, rather than claiming late and trying to get backdated payments.

Paying your mortgage when in prison

To keep your home when in prison, you will have to make sure your mortgage will be paid. You may be able to do this:

• by claiming income support (or income-related ESA, jobseeker's allowance or pension credit) for up to 52 weeks while you are on remand. You will not qualify for money for living costs, but could be allowed support for mortgage interest to help with your mortgage interest payments – but note that a 13 week waiting period usually applies
• your partner may be able to claim support for mortgage interest (SMI) to cover the mortgage, even if it is not in your partner's name
• by renting out the property.

It is important to act quickly – it is easier to get SMI paid if a claim is made at the earliest opportunity, rather than claiming late and trying to get backdated payments.

Paying rent arrears when in prison

If the money you get from benefits or rent paid on your behalf by your caretaker/housekeeper is less than you should be paying to your landlord, you risk rent getting into arrears and possibly being evicted.

Consider if you can afford to make some payments towards any rent shortfall from your prison wages, other sources of income or savings – to prevent arrears building up. If you are already in arrears, it will be important to negotiate with your landlord about how and when you will be able to pay towards clearing the arrears. Your offer might include payments from your prison wages and/or an offer to pay the rest of the arrears from wages and benefits when you are released.

Keeping in touch and negotiating with your landlord may help delay or prevent court action to evict you. You will be better informed about your situation – and able to take action – if your landlord is able to contact you in prison, rather than sending letters/court papers to your home address where they may remain unopened.

If you are taken to court, depending on your tenancy type, the court may take your payment record and offers of payment into account when deciding if: 

• you should be evicted, or
• you can be allowed to keep your home on condition that you pay the arrears off.

If you also have other debts, see if an experienced debt adviser can help you.

With some types of tenancy, you have few rights, and you may be evicted easily. Use our tenancy checker to find out more about your housing rights.

Getting a caretaker or housekeeper for your rented home

You may be able to avoid rent arrears if you can get a friend or relative to act as a caretaker or housekeeper while you are away, maintaining your home for you and looking after your possessions (which should remain in your home) until you return. The caretaker is likely to be someone you know well and trust. You will need to ensure that the caretaker pays the rent on your behalf.

Be careful, though – you could lose rights to your home and risk eviction if you sublet or rent out the whole of your council or housing association property.

It is important to make sure that a caretaking or housekeeping arrangement does not create a subtenancy – this may happen where someone else is given exclusive permission to occupy the whole of the home.

Renting out your private rented property

Most tenancies do not allow subletting of the whole of your home. Get legal advice on the terms of your tenancy agreement from a housing expert before considering this option – otherwise you may risk losing your home.

Renting out your mortgaged property

If you are a homeowner, you could consider renting out your home. You will need to get your lender’s agreement and may need the help of an estate agent or management company to arrange to find tenants and ensure that the rent is paid. You’ll need to make sure the rent paid covers the mortgage and management company’s costs. You'll also need your insurer's agreement.

If this is not an option for you, and you risk mortgage arrears, you could try to negotiate with your lender.

Giving up your council or housing association property

If you have a council or housing association tenancy, it is important that you do everything you can to try to keep it. If you give up a tenancy – in circumstances when it would be reasonable for you to keep it – you may risk later being treated as intentionally homeless and entitled only to limited help from your council. It can be very difficult to obtain social housing.

You may have to consider giving up or ‘surrendering’ your tenancy if you:

• can’t pay your rent
• do not qualify for housing benefit
• can’t find someone to move in and pay the rent as a ‘caretaker’.

This will avoid rent arrears building up and your landlord taking action to evict you from your home.

Councils and housing associations have a shortage of accommodation and may be willing to agree to re-house you when you are released if you give up your tenancy voluntarily – especially if you are able to move to a smaller property. You must get this agreement in writing.

It is important that you get advice from a housing adviser or solicitor before giving up your tenancy.

Giving up your private rented property

If you are renting in the private sector and have an assured shorthold tenancy, it is easy for your landlord to evict you. If your landlord takes you to court, you may lose your home and have to pay court costs. If you are evicted by bailiffs, you could also have to pay their costs, the costs of changing the locks and the costs of removing your belongings.

You may have to consider if giving up your tenancy may be the better option if you are likely to be in prison for some time, and can’t find a way to pay the rent. You will need to let the landlord know in writing that you wish to give up the tenancy. You may have to give a specific period of notice depending on if you have a tenancy for a fixed term or one that rolls from week to week or month to month (a periodic tenancy). You will also need to make arrangements for someone to collect your belongings.

It is important that you do everything you can to try to keep your tenancy. It is possible that you could be considered intentionally homeless if you give up a tenancy in circumstances when it would be reasonable for you to keep it. If you later apply for help from the council, you may receive only limited assistance.

Always get advice before giving up your tenancy – particularly if you have a regulated tenancy – a type of tenancy that started before 1989.

Giving up your hostel place

Hostels have a shortage of accommodation but may be willing to agree to re-house you when you are released if you give up your accommodation voluntarily. It’s worth asking, particularly if you have been living in a longer stay hostel or supported accommodation. Make sure you get any agreement in writing.

If you live in a hostel or supported housing, you have few rights and you could be evicted without written notice and with as little as a week’s warning.

Where to get advice

When you are in prison, ask an adviser in your prison for help, or use our directory to find an adviser in the surrounding area. Find out more about finding advisers who can help with money and debt issues.

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