Housing & Homelessness Duties

Housing is one of the most important issues affecting individuals, families, children, vulnerable adults, carers, and communities. Safe and secure housing is closely linked to health, wellbeing, education, employment, family stability, and personal safety.

Local Authorities (Councils) have significant legal duties relating to housing and homelessness. These duties are designed to help prevent homelessness, provide support to those at risk, protect vulnerable people, and ensure that individuals receive appropriate advice and assistance.

Housing law can be complex, but understanding your rights and the duties councils owe can help you access support earlier and challenge decisions where necessary.

The earlier someone seeks help, the more options may be available to prevent homelessness from occurring.

What Are Council Housing Duties?

Councils have a range of legal duties under housing legislation.

These duties may include:

• Assessing homelessness applications.
• Preventing homelessness.
• Relieving homelessness.
• Providing housing advice.
• Safeguarding vulnerable people.
• Considering emergency accommodation.
• Supporting victims of domestic abuse.
• Assisting eligible applicants.
• Working with partner agencies.

Not everyone will qualify for the same level of support, but councils should assess each case individually.

Key Housing Legislation

Important legislation includes:

Housing Act 1996

Provides the main framework for homelessness duties and housing responsibilities.

Homelessness Reduction Act 2017

Strengthened duties to prevent and relieve homelessness.

Localism Act 2011

Contains provisions relating to social housing and local authority housing functions.

Children Act 1989

Relevant where children may be affected by homelessness.

Care Act 2014

Relevant where vulnerable adults have care and support needs.

Equality Act 2010

Protects against discrimination and supports reasonable adjustments.

Human Rights Act 1998

Protects rights that may be relevant in housing and homelessness cases.

Assessing Homelessness Applications

One of the most important legal duties councils have is assessing homelessness applications.

If a person approaches a council because they are homeless or threatened with homelessness, the council should assess:

• Their circumstances.
• Housing situation.
• Eligibility for assistance.
• Support needs.
• Risks and vulnerabilities.

What Is Homelessness?

A person may be homeless if:

• They have nowhere reasonable to live.
• They are sleeping rough.
• They are staying temporarily with friends or family.
• They are at risk of violence if they remain where they are.
• They are living in unsuitable accommodation.
• They have been evicted.
• They have nowhere they can legally occupy.

Homelessness is not limited to sleeping on the streets.

Prevention Duty

Under the Homelessness Reduction Act 2017, councils have a duty to help prevent homelessness where someone is at risk of becoming homeless.

Generally, this may apply where a person is threatened with homelessness within 56 days.

Examples

A person may be at risk because of:

• Eviction notices.
• Rent arrears.
• Relationship breakdown.
• Domestic abuse.
• Family breakdown.
• Mortgage difficulties.
• Leaving institutions such as prison or care.

What Councils May Do

Councils may:

• Negotiate with landlords.
• Provide housing advice.
• Explore alternative accommodation.
• Assist with support services.
• Develop a Personal Housing Plan.

Relief Duty

Where someone is already homeless, councils may have duties to help secure accommodation.

This is often known as the Relief Duty.

Support May Include

• Housing searches.
• Referrals to accommodation providers.
• Private rented housing assistance.
• Supported housing referrals.
• Practical housing advice.

Personal Housing Plans

Many applicants should receive a Personal Housing Plan (PHP).

A PHP may outline:

Actions The Council Will Take

Actions The Applicant Should Take

Agreed Housing Steps

People should receive clear explanations of the plan and what is expected.

Emergency Accommodation

In some situations councils may need to consider emergency or temporary accommodation.

Examples May Include

• Families with dependent children.
• Pregnant women.
• Victims of domestic abuse.
• Individuals with serious health needs.
• Vulnerable adults.
• People facing immediate homelessness.

Temporary Accommodation

Temporary accommodation may include:

• Hostels.
• Hotels.
• Supported accommodation.
• Emergency housing placements.

Availability and eligibility will vary depending on circumstances.

Vulnerability & Safeguarding

Councils must consider safeguarding responsibilities when dealing with homelessness.

Children

Under the Children Act 1989 and 2004.

Vulnerable Adults

Under the Care Act 2014.

Domestic Abuse Victims

Special consideration may be required where safety concerns exist.

Mental Health Needs

Councils should consider mental health needs when assessing support requirements.

Housing Advice & Assistance

Councils must provide housing advice and information.

This may include advice regarding:

• Homelessness prevention.
• Tenancy rights.
• Rent arrears.
• Evictions.
• Housing options.
• Domestic abuse support.
• Supported accommodation.
• Housing benefit and financial assistance.

Domestic Abuse & Housing

Victims of domestic abuse should seek support as early as possible.

Councils may need to consider:

• Safety risks.
• Emergency accommodation.
• Confidentiality concerns.
• Safeguarding responsibilities.

Housing support should never require a person to remain in an unsafe situation.

Young People & Family Breakdown

Family breakdown can sometimes lead to homelessness.

Councils may need to consider:

• Age.
• Vulnerability.
• Safeguarding concerns.
• Support needs.
• Children's Services involvement.

People Leaving Institutions

Individuals leaving:

• Prison.
• Hospital.
• Care settings.
• Supported accommodation.

may require housing assistance and should seek support before discharge wherever possible.

Equality & Accessibility

Under the Equality Act 2010, councils may need to consider reasonable adjustments.

Examples may include:

• Accessible communication.
• Alternative document formats.
• Additional appointment time.
• Interpreter support.
• Accessible accommodation considerations.

People should not be disadvantaged because of disability or health conditions.

Your Rights When Seeking Housing Help

People approaching councils for housing assistance generally have the right to:

✓ Be treated fairly and respectfully.

✓ Receive housing advice.

✓ Have their circumstances assessed.

✓ Submit evidence.

✓ Request reasonable adjustments.

✓ Receive decisions in writing.

✓ Challenge certain decisions.

✓ Access complaint procedures.

✓ Be protected from discrimination.

✓ Have safeguarding concerns considered.

Evidence Standards Handbook

Good evidence may help support housing applications.

Examples include:

Housing Evidence

• Tenancy agreements.
• Eviction notices.
• Rent statements.

Financial Evidence

• Benefit letters.
• Bank statements.
• Wage records.

Medical Evidence

• GP letters.
• Hospital records.
• Mental health reports.

Safeguarding Evidence

• Police reports.
• Social care involvement.
• Domestic abuse support records.

Record Keeping

Keep copies of:

• Applications.
• Emails.
• Letters.
• Housing plans.
• Decisions.
• Complaints.

Advanced Claimant Protection

When dealing with housing services:

Request Decisions In Writing

Keep Copies Of Everything

Record Conversations

Submit Evidence Promptly

Request Explanations

Challenge Errors Quickly

Ask For Reasonable Adjustments

Escalate Concerns Where Necessary

Challenging Housing Decisions

If you disagree with a council decision you may be able to:

Request A Review

Submit Additional Evidence

Make A Complaint

Contact Your Councillor

Escalate To The Local Government & Social Care Ombudsman

Seek Legal Advice

Particularly where homelessness or housing rights are affected.

Useful Resources

Housing Advice:

https://www.gov.uk/homelessness-help-from-council

Find Your Local Council:

https://www.gov.uk/find-local-council

Shelter:

https://www.shelter.org.uk

Citizens Advice:

https://www.citizensadvice.org.uk

Local Government & Social Care Ombudsman:

https://www.lgo.org.uk

Crisis:

https://www.crisis.org.uk

Information Commissioner's Office:

https://ico.org.uk

Housing & Homelessness Checklist

✓ Seek help as early as possible.

✓ Keep copies of all housing documents.

✓ Save eviction notices and tenancy records.

✓ Provide evidence promptly.

✓ Request decisions in writing.

✓ Ask for reasonable adjustments if needed.

✓ Record communications.

✓ Follow housing plans.

✓ Challenge incorrect decisions.

✓ Escalate concerns where appropriate.

Key Message

Councils have important legal duties to assess homelessness applications, prevent homelessness, provide housing advice and assistance, safeguard vulnerable individuals, and consider emergency accommodation where required. These duties exist to help protect people from housing crises and support those facing homelessness or unsafe housing situations.

Seeking help early, keeping good records, understanding your rights, and providing clear evidence can significantly improve the support available and help ensure councils meet their legal responsibilities fairly, lawfully, and effectively.