Emergency housing from the council
Emergency housing must be provided by local councils for most homeless families and some people without children who become homeless. It's a short term option while the council:
look into their housing situation
decide how they must help them in the longer term
The council must provide emergency housing if they think all of the following might apply:
The constituent has nowhere safe to stay
They have children, are pregnant, or have another priority need
They meet the immigration and residence conditions
We advise that constituents ask for help before they need emergency housing if they can. The council might be able to help them stay in their current home or find somewhere else to live so they don't become homeless.
Emergency housing must be suitable for them and anyone else they live with. The standard and quality of emergency accommodation varies and can be quite basic. It will usually be furnished. The council must arrange storage for their personal belongings if they can't do this themselves. Depending on a constituent’s household situation, the emergency accommodation could be:
self contained accommodation
a hotel, B&B, hostel or refuge with some shared or communal areas
A constituent shouldn't have to stay in a privately owned B&B where they have to share a bathroom, toilet or kitchen with another household unless there's nothing else available. If they are in a B&B, the council must move them somewhere more suitable within 6 weeks.
The council must try to find emergency accommodation within the area if possible. The constituent might be offered something in a different council area if there's a lack of emergency options locally. The council must consider:
travel time to work
disruption to children's education
caring responsibilities and local support networks
We advise constituent not to refuse emergency housing if they have nowhere else to stay. They may not get another offer. We often raise any concerns about the safety or quality of the accommodation with the council. We should address any safety risks and may offer something more suitable.
Constituents may have to accept lower standards than in longer term housing. Emergency accommodation has to be very unsuitable for a legal challenge to succeed. They can usually stay in emergency housing until the council decide if you qualify for longer term housing as it may take the council up to 3 months to decide but it could be much quicker. They might have to move during this time. For example, if you're offered a B&B in an emergency but self contained accommodation becomes available.
A family could be asked to leave at short notice if they break any rules in place at the accommodation. For example, regarding visitors, smoking or shared areas. The council will still have to look into their situation but they might not provide further emergency housing before they come to a decision.
The council must write to the constituent once they make a decision on your homeless application. If a constituent qualifies for longer term housing:
The council must find you somewhere suitable to live.
You will usually get a tenancy with a council, housing association or private landlord.
There are rules about what you can be offered. You may have to spend more time in temporary housing before you get a final offer of longer term housing. If the Council decide a constituent does not qualify, the decision letter must explain why. For example, it may say that they are:
If the constituent is in priority need but the council decide they are intentionally homeless they must continue to provide emergency housing for a reasonable period, usually a few weeks.
The council must give reasons for their decision. We advise that constituents should ask for a review within 21 days if they think it's wrong. It is always wise to ask the council to continue to provide emergency housing while they do the review.
Intentionally homeless
The council don't have to provide longer-term housing if they decide it's your fault you're homeless. Find out if you could be considered intentionally homeless.
You can ask the council for help if you're homeless or at risk of losing your home.
The council must:
arrange emergency housing if you qualify
agree a plan to help you find somewhere to live
The council then go on to decide if you qualify for longer-term housing. You usually qualify if you're in priority need and homeless through no fault of your own. The council could decide you're intentionally homeless if you lose your home because of something that you deliberately do or fail to do.
They look at why you left your most recent home. If you were staying somewhere short-term, they can look back to how you lost your last settled home. The council don't have to provide longer-term housing if they decide you're in priority need but intentionally homeless. They must provide temporary housing for a reasonable time (usually a few weeks) after making their decision.
Challenge the decision
The council must give you a letter with reasons if they decide you're intentionally homeless. You can ask for a review within 21 days if you think the decision is wrong.
Leaving before you are made homeless
The council can decide you're intentionally homeless if you leave your home when you could reasonably have stayed. You have the legal right to stay in your home until the bailiffs come if you're a:
tenant facing eviction
homeowner facing repossession
The council might accept that it's reasonable to leave before an eviction takes place, for example, if your home is unaffordable and arrears are getting worse.
But you should wait for the council to accept that you're legally homeless before you give up your home.
You shouldn't be found intentionally homeless if you were genuinely unaware of your right to stay. But the council expects you to get advice on your situation.