Legal definition of homelessness and threatened homelessness

A person is threatened with homelessness if either:[1]

• it is likely that they will become homeless within 56 days

• they are a private tenant and they have received a valid section 8 notice where the date specified in the notice is within 56 days

• they are a social tenant and they have received a valid section 21 notice which expires within 56 days

Where someone has been given a different type of notice, the authority must consider whether it is likely they will become homeless in the next 56 days.

The Homelessness Code of Guidance advises local authorities to find any private tenant with a section 8 or section 21 notice which expires within 56 days to be threatened with homelessness.[2]

Section 8 notice served by private landlord

A private assured tenant is threatened with homeless if their landlord serves them with a valid section 8 notice where:[3]

• the date specified in the notice is within 56 days

• the notice is served in respect of the tenant's only accommodation

Find out more about section 8 notices.

Section 21 notice served by social landlord

A social assured tenant is threatened with homelessness if their landlord serves them with a valid section 21 notice where:[4]

• the notice expires within 56 days

• the notice is served in respect of the tenant's only accommodation

This applies to registered providers of social housing in respect of social housing tenancies.

Find out more about section 21 notices.

Local authority duties where someone might be threatened with homelessness

When a local authority has reason to believe that a person might be threatened with homelessness, it must accept a homeless application and make inquiries into what duties it might owe them.[5]

If the authority is satisfied that the person is threatened with homelessness and eligible based on their immigration status, it must:

• assess the person’s housing needs

• agree a personalised housing plan

• take reasonable steps to help prevent them from becoming homeless

The duty to take reasonable steps is known as the prevention duty. This duty applies regardless of anything the person might have done that led to the threat of homelessness.

The authority can take steps to prevent homelessness even where the threatened homelessness is more than 56 days away.

A person does not need to be sleeping rough to be legally homeless.

The Housing Act 1996 defines a person as homeless if they either:[6]

• have no accommodation available to occupy

• are at risk of violence or domestic abuse

• have accommodation but it is not reasonable for them to continue to occupy it

• have accommodation but cannot secure entry to it

• have no legal right to occupy their accommodation

• live in a mobile home or houseboat but have no place to put it or live in it

Chapter 6 of the Homelessness Code of Guidance covers the definitions of homelessness and threatened homelessness.

Local authority duties where someone might be homeless

A local authority must accept a homeless application if it has reason to believe a person might be homeless or threatened with homelessness.

If the local authority has reason to believe that the person is homeless, eligible and has a priority need they must provide interim accommodation.

Once the authority is satisfied that the person is homeless and eligible based on their immigration status, it must:

• assess the person’s housing needs

• agree a personalised housing plan

• take reasonable steps to help them secure accommodation

The duty to help secure accommodation is known as the relief duty.

Use our homeless rights checker for a quick answer on whether someone is likely to be eligible based on their immigration status.

A person is homeless if there is no accommodation available for them to occupy in the UK or abroad.[7] For example, someone sleeping rough or who cannot return to their accommodation because of a court order.

The accommodation must be available for the homeless applicant and anyone who normally resides with them as a family member, or might reasonably be expected to reside with them.[8] The person is homeless if accommodation is not available for the entire household.

It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic abuse or other violence against them or a member of their household. [9] This means a person is legally homeless if they are risk of violence or domestic abuse by remaining in their accommodation, regardless of availability and legal rights to occupy.

A person whose accommodation is unreasonable to occupy because of violence or domestic abuse cannot be found intentionally homeless from that accommodation.

Someone who is homeless as a result of being a victim of domestic abuse is automatically in priority need.

Chapter 21 of the Homelessness Code of Guidance contains guidance on providing homelessness services to people who have experienced domestic abuse.

A person is homeless if they have accommodation available but it is not reasonable for them to continue to occupy it.[10]

Accommodation might be unreasonable to occupy if it is:

• unaffordable

• overcrowded

• unsafe or in poor condition

• a refuge or emergency hostel

The local authority can take into account the general housing conditions in the area when assessing if accommodation is reasonable to continue to occupy.

Reasonable to occupy pending eviction

Where someone has been given a valid notice by a landlord, the local authority should consider whether it is reasonable to expect them to continue to occupy the accommodation until they are evicted.[11]

The authority should consider whether the landlord is likely to start possession proceedings, the cost to the tenant, and the burden on the courts if there is no defence.

The Code of Guidance states that authorities should not adopt a blanket policy when considering whether it is reasonable for a tenant to remain after the expiry of a section 8 notice.[12] It suggests the authority considers relevant factors, including:

• the preference of the tenant

• the position of the landlord

• the financial impact of court action and any build up of rent arrears

The Code of Guidance states that it is highly unlikely to be reasonable for someone to continue to occupy a property beyond the date that a court has ordered possession to be returned to the landlord. Local authorities should not consider it reasonable for someone to remain in occupation up until the point at which a court issues a warrant or writ to enforce an order for possession.[13]

A person is homeless if they have accommodation but cannot secure entry to it.[14] For example, if a tenant has been illegally evicted.

The local authority must treat the person as homeless even if legal remedies may be available to regain possession of the accommodation.[15]

A person is homeless if they have accommodation but they have no legal right or permission to remain there. For example, if they are a trespasser, or their permission to stay somewhere has been withdrawn.

Legal rights to occupy accommodation include if the person:

• is an owner or tenant

• has a licence to occupy

• has a court order allowing them to be there

Landlord notices or possession proceedings

Most tenants have the right to remain in their accommodation until a court makes a possession order and this is enforced by bailiffs.

The local authority must consider if it is reasonable to expect them to remain until they are evicted.

Some occupiers are excluded from any protection from eviction and can be evicted without a court order. For example, lodgers. These excluded occupiers are homeless from the point when their tenancy or licence ends.

People asked to leave by family or friends

Most people living with family or friends can be asked to leave without formal notice or a court order.

A local authority only needs reason to believe a person might be homeless to accept a homeless application. It cannot insist that the applicant obtains a letter confirming they have been asked to leave before accepting an application.

A person is homeless if they live in a movable structure such as a caravan, mobile home or houseboat, and there is nowhere where they have permission to put it and live in it.[16]

This might include if someone is staying on a caravan site where the rules do not allow them to live there. Find out more about rights of mobile home occupiers.

Some household members are not taken into account when a local authority assesses if someone is homeless or threatened with homelessness. If the applicant is subject to immigration control, the local authority must disregard any household member who is not eligible for assistance based on their immigration status.

Subject to immigration control means they require leave to remain in the UK. For example, in an application made by a refugee, any ineligible household members are disregarded when assessing if they are homeless or threatened with homelessness.

Use our homeless rights checker for a quick answer on whether someone is likely to be eligible based on their immigration status.

Ineligible household members are taken into account if the applicant is not subject to immigration control. For example, if the applicant is a British or Irish citizen. The authority must consider them when assessing whether the applicant is homeless or threatened with homelessness.[17] If the main housing duty is owed then there are special rules on how it can be discharged.