Find out if you qualify for emergency housing when you're homeless.
Who the council must help
The council must decide if you qualify for emergency housing if you ask for help when homeless.
To qualify for emergency housing, the council must have reason to believe you may:
- be homeless now
- have a priority need for housing
- be likely to qualify under immigration and residence rules
Not everyone is entitled to emergency housing when homeless.
When the council provides emergency housing
The council only provides emergency housing if you are homeless now or when you become homeless.
You can ask the council for help before you become homeless.
If you apply early, it gives the council more time to assess your situation and provide you with help to keep your home or find another. They can arrange emergency housing if you become homeless.
What you could be offered
The council could offer a:
The council should only use a B&B as a last resort. They should move you to more suitable housing as soon as they can.
It's unlawful for a council to keep you in a B&B for more than 6 weeks if you're pregnant or have children living with you.
Where the accommodation might be
The council must try to find accommodation within its area. You might be placed outside the area if there's a shortage of housing locally.
The council must consider your personal circumstances including:
- travel time to work
- disruption to children's education
- caring responsibilities and support networks in the area
How long you can stay
The council provide emergency housing while they help you under your personal housing plan and look into your situation to decide if you're entitled to longer-term housing.
You can usually stay until you get a written decision about your homelessness application. This could take two to three months.
If you don't qualify for longer-term housing
If there are children in your family, the council should usually give you at least 28 days' notice to leave. They may refer you to social services for further help.
If you are staying in a hostel for single people, the council should usually give you at least 7 days' notice to leave.
If you qualify for longer-term housing
The council could move you into different temporary housing until you get an offer of longer-term housing.
The council you apply to could refer you to another council for help with longer-term housing. This can only happen if you:
- don't have links with the area where you originally applied
- have a local connection with the council you are referred to
- are not at risk of violence in that area
You can stay in your temporary housing until the council you are referred to finds you somewhere to live.
Paying for emergency housing
You have to pay rent in emergency housing but it must be affordable for you.
For help with the rent if you have a low income, you can usually claim either:
These benefits don't cover some charges such as meals or cleaning services.
Storage for furniture and belongings
The council must arrange storage for your furniture and personal belongings if you can't arrange this yourself. They usually charge for this service.
Unsuitable emergency housing
Emergency housing must be suitable for you and your family. You may have to accept lower standards compared with longer-term housing.
Bed and breakfast accommodation is unsuitable for families if you have to stay there longer than 6 weeks.
If you think the emergency housing is unsuitable, you can ask the council for a move. They might offer an alternative. A housing adviser can help you to negotiate with the council.
Court action is the only way to challenge the decision if the council won't agree to a move. You will need the help of a solicitor. Emergency housing would have to be very unsuitable for a legal challenge to succeed.
The council won't have to provide you with alternative emergency accommodation if you leave. They must still decide if you are entitled to longer term housing.
Alternatives to emergency housing
The council could treat you as 'homeless at home' if you can stay with friends or family while they assess your situation.
The council might decide you're not legally homeless if they think you can continue to live with friends or family.
If the council decides you are entitled to longer-term housing, they must arrange suitable housing for you when you get your decision letter.
If the council refuse emergency housing
Get help from a housing adviser if the council refuse to accept your homelessness application or to help with emergency housing.
The council can't refuse to provide emergency housing because they think:
- you don't have a local connection
- it's your fault that you're homeless
A housing adviser can negotiate with the council. You'll need the help of a solicitor to take court action if the council still refuse to provide emergency housing.
You may qualify for free legal help if you're on a low income:
Last updated - 03 Apr 2018
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