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Frightened about losing your home? You have rights — and the council may have to help.

Last verified 9 Jun 2026 · Source GOV.UK + Shelter + Crisis + Housing Act 1996 Part 7 · Publisher: SortedUK Ltd (filed 5 Jun 2026)

Whether you've had an eviction notice, you're sofa-surfing, or you have nowhere to stay tonight, this can feel overwhelming. But you are not on your own, and you have more protection than you may think. By law your council may have a duty to help you — and you do not have to wait until you're on the street. In England you can apply as soon as you're threatened with homelessness within 56 days (for example, a valid eviction notice). This guide explains the three duties your council owes, what “priority need” means, the emergency accommodation you may be entitled to while they assess you, exactly how to apply — and what to do tonight if you're rough sleeping. Scotland, Wales and Northern Ireland work a little differently.

56 daysApply when threatened — don't wait for the street
3 dutiesPrevention · relief · main housing duty
EmergencyInterim housing if you may be in priority need
£0Free advice — Shelter, Citizens Advice
Read this first — breathe

You do not have to be sleeping rough before your council will help. The moment you're threatened with homelessness — for example, you've had a valid eviction notice or your landlord has asked you to leave — you can ask the council for help, and they have a legal duty to take reasonable steps to prevent it.

Apply as early as you can. The sooner you ask, the more the council can do — and even if you think you might be partly to blame, you're still entitled to an assessment and help to find somewhere.

Homelessness in the UK doesn't only mean rough sleeping. The law treats you as homeless — or threatened with homelessness — if you have no home you have a legal right to stay in, if it isn't reasonable for you to stay (for example because of violence, overcrowding or serious disrepair), or if you're going to lose it soon. Sofa-surfing, staying in a hostel, or being asked to leave by family all count. If any of that is you, your council's housing options team is the place to start.

The three duties your council owes you

In England, your council's duties are set out in the Housing Act 1996 Part 7, strengthened by the Homelessness Reduction Act 2017. Whoever you are, if you're eligible and homeless or threatened with homelessness, the council must assess you and draw up a written Personalised Housing Plan with you. On top of that, there are three stages of duty:

DutyWhen it appliesWhat the council must do
Prevention dutyYou're threatened with homelessness — likely to lose your home within 56 days (e.g. a valid eviction notice)Take reasonable steps for up to 56 days to help you stay in your home or secure other suitable accommodation.
Relief dutyYou're already homeless (or prevention didn't work)Take reasonable steps for 56 days to help you secure accommodation that's likely to be available for at least 6 months.
Main housing dutyRelief didn't succeed and you're eligible, in priority need, not intentionally homeless, with a local connectionSecure suitable accommodation for you (this can be temporary at first while they find something settled).

The crucial point: even if you are not found to be in priority need at the end, you are still owed the prevention and relief duties — an assessment, a plan, advice and reasonable steps to help you find somewhere. Nobody eligible is simply turned away.

Your Personalised Housing Plan

The council must agree a written plan with you setting out the steps they will take and the steps you agree to take. Keep your copy and your case officer's name. If you disagree with the plan or a decision the council makes, you usually have the right to ask for a review — a free adviser (below) can help you do this in writing.

What “priority need” means

“Priority need” matters for two things: whether the council must secure longer-term accommodation for you under the main housing duty, and whether you get emergency accommodation while they assess you. In England and Wales you're more likely to be in priority need if you fall into one of these groups:

  • You have dependent children living with you, or you're pregnant;
  • You're vulnerable — for example through old age, physical disability, mental illness or learning disability, or having fled domestic abuse;
  • You're a young care leaver or were in care, or are aged 16–17;
  • You've become homeless because of an emergency such as a fire or flood.

This isn't the full list, and being “vulnerable” is judged on your circumstances — so always ask. And remember: if you're not found to be in priority need, the council still owes you help under the prevention and relief duties. (In Scotland, the priority need test has been abolished entirely — see the section below.)

Emergency accommodation while they assess you

You may not have to wait for the full assessment before you get a roof over your head. The council has an interim duty to accommodate you if it has reason to believe that you:

  • may be homeless;
  • are eligible for help (this depends on your UK residence and immigration status); and
  • may be in priority need.

If all three may apply, the council must provide emergency (interim) accommodation — often a B&B, hostel or other temporary place — while it investigates your case. This is a lower test than the final decision: the council only needs “reason to believe”, not certainty. So if you have nowhere to stay tonight and you think you might be in priority need, ask for interim accommodation directly and don't be put off.

If you're turned away

If a council refuses to take a homelessness application, or says it can't help “tonight”, that may not be lawful. Stay calm, ask for the decision in writing and the officer's name, and call Shelter on 0808 800 4444 straight away — they can advise you on the spot and challenge a wrongful refusal. You can also contact a local Citizens Advice or law centre.

How to apply to the council

You apply to the council for the area you're in (or have a connection to). The team is usually called housing options or the homelessness team. You can normally apply:

  • Online — search your council's name plus “homeless” or “housing options”, and there's usually a form;
  • By phone — the council's housing line in office hours, or its out-of-hours emergency line evenings and weekends;
  • In person — at the council's housing office or one-stop shop.

When you apply, it helps to have ready (but don't wait for them if you don't):

  • Any eviction notice, court papers or landlord letter;
  • ID and proof of who lives with you (children, partner);
  • Details of any health conditions, disability or vulnerability, and any benefits you get;
  • Anything showing your local connection (where you live, work, or have family).

You don't need to know which “duty” applies — the council works that out. Your job is simply to ask for help, explain your situation honestly, and keep a record of what's said and decided.

Nowhere to stay tonight

If you have nowhere safe to go right now, here is the calm, free order to work through:

If you have nowhere to stay tonight
  1. Call your council's emergency line. In office hours, ask its housing options team for emergency accommodation. In the evening or at the weekend, search your council's name plus “out of hours homeless” for its emergency number.
  2. Call Shelter's free helpline: 0808 800 4444. Open every day for urgent housing and homelessness advice — they can tell you your rights and what to ask the council for.
  3. If you're sleeping rough, use StreetLink (England & Wales) to connect to local outreach services, or call Crisis for advice and a way in to support.
  4. If you're in distress or feel unsafe, the Samaritans are free, 24/7, on 116 123. In an emergency where someone is at risk, call 999.

You have rights tonight. Ask the council clearly for emergency accommodation — and get Shelter on the phone if you're turned away.

Domestic abuse: if you're homeless because you've fled or need to flee violence, you're likely to be in priority need — tell the council and call the free, 24-hour National Domestic Abuse Helpline on 0808 2000 247 (run by Refuge).

Do this right now

However bad it feels, there is a clear, free path through. In order:

  1. Apply to the council today. Don't wait for the eviction date — ask your council's housing options team for help as soon as you're threatened with homelessness.
  2. Get free advice. Call Shelter on 0808 800 4444 or your local Citizens Advice — both are free and confidential, and can help you push for what you're owed.
  3. Ask for emergency accommodation if you may be in priority need and have nowhere to stay — and ask for any refusal in writing.
  4. Keep everything. Your eviction notice, letters, emails and the names of who you speak to — you may need them if you have to ask for a review.

For the rules in full, see GOV.UK — homelessness help from the council and Shelter's homelessness advice. If you've had an eviction notice and want to understand it first, see our guide to an eviction notice.

Scotland, Wales and Northern Ireland

Housing is devolved, so the rules differ across the UK — but in every nation the first step is the same: ask the council (or the Housing Executive in NI) for help as soon as you can.

Scotland — stronger rights

Scotland has gone further than the rest of the UK: the priority need test was abolished in 2012, so any household assessed as unintentionally homeless is entitled to settled accommodation. Councils must also provide temporary accommodation to anyone they assess as homeless while they investigate. Apply to your local council.

See mygov.scot — homelessness and Shelter Scotland.

Wales

Wales uses its own framework under the Housing (Wales) Act 2014, with prevention and relief duties similar to England's. You apply to your local council; Shelter Cymru gives free advice.

Northern Ireland

In Northern Ireland you apply to the Northern Ireland Housing Executive (NIHE), which assesses whether you're homeless and in priority need. See nihe.gov.uk and nidirect.

Homeless help — common questions

Do I have to be sleeping on the street before the council will help?

No. You should approach your council's housing options or homelessness team as soon as you are threatened with homelessness — which in England means likely to become homeless within 56 days. If you've been served a valid eviction notice, you can apply straight away; you do not have to wait until the eviction date or until you are actually on the street. The council has a 'prevention duty' to take reasonable steps to help you keep your home or find somewhere else, and they must carry out an assessment and draw up a Personalised Housing Plan with you. Applying early gives them the most time to help.

What are the three council homelessness duties?

Under the Housing Act 1996 Part 7, as amended by the Homelessness Reduction Act 2017 in England, councils owe three main duties. The prevention duty: if you are threatened with homelessness within 56 days, they must take reasonable steps to help you stay in your home or secure other accommodation. The relief duty: if you are already homeless, they must take reasonable steps for 56 days to help you secure accommodation. The main housing duty: if those steps don't work and you are eligible, in priority need, not intentionally homeless and have a local connection, the council must secure accommodation for you. Throughout, eligible applicants get an assessment and a Personalised Housing Plan.

What does 'priority need' mean?

Priority need decides whether the council must secure longer-term accommodation for you (the main housing duty) and whether you get emergency interim accommodation while they assess. In England and Wales it includes: households with dependent children, pregnant women, people who are vulnerable through old age, physical disability, mental illness or another special reason, care leavers, and people made homeless by an emergency such as a fire or flood. Even if you are not in priority need, the council still owes you the prevention and relief duties — help, advice and reasonable steps to find accommodation. Scotland has abolished the priority need test entirely, so there everyone unintentionally homeless is owed settled accommodation.

Will the council give me emergency accommodation tonight?

They may have to. If the council has reason to believe you may be homeless, are eligible for help and may be in priority need, it has an interim duty to provide you with emergency (interim) accommodation while it carries out its assessment. Contact your council's housing options team in office hours, or its out-of-hours emergency line in the evening or at the weekend (search your council's name plus 'out of hours homeless'). If you are sleeping rough, you can also use StreetLink (in England and Wales) to connect to local services, and Shelter's free helpline on 0808 800 4444 for urgent advice.

Are homelessness rights the same across the UK?

No — housing is devolved. England and Wales both use the Housing Act 1996 Part 7 framework with prevention and relief duties, though Wales has its own version under the Housing (Wales) Act 2014. Scotland has stronger rights: the priority need test was abolished in 2012, so any household assessed as unintentionally homeless is entitled to settled accommodation, and councils must provide temporary accommodation to anyone assessed as homeless while they investigate. In Northern Ireland you apply to the Northern Ireland Housing Executive, which assesses homelessness and priority need. In all four nations the first step is the same: ask the council (or the Housing Executive in NI) for help as soon as you can.

Sources The prevention duty (threatened with homelessness within 56 days), the relief duty (56 days), the duty to assess and agree a Personalised Housing Plan, the priority need categories, the interim "reason to believe" duty to accommodate, and the main housing duty (eligible, in priority need, not intentionally homeless, with a local connection) · GOV.UK "Homelessness help from the council" and the Homelessness Code of Guidance for local authorities (overview, priority need, interim duty chapters). The legal framework · Housing Act 1996 Part 7 as amended by the Homelessness Reduction Act 2017. Your rights, the interim duty and what to do at the council · Shelter England and Crisis. Rough sleeping · StreetLink (England & Wales, funded by the UK Government / MHCLG and the Welsh Government). Scotland (priority need abolished 2012; all unintentionally homeless households owed settled accommodation) · gov.scot and mygov.scot. Free help: Shelter England 0808 800 4444 (open daily); Citizens Advice; National Domestic Abuse Helpline 0808 2000 247; Samaritans 116 123. Rules and processes change — always check GOV.UK and take free advice. Last reviewed: 9 June 2026.
Your safest next step today

Ask the council early, get free advice — you have rights, and you're not on your own.

Apply to your council's housing options team as soon as you're threatened with homelessness — don't wait for the street. Call Shelter free on 0808 800 4444 for urgent advice, and ask for emergency accommodation in writing if you may be in priority need.

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