Understanding the Main Housing Duty
The main housing duty is a legal obligation placed on local councils in the UK to provide suitable accommodation to certain people who are homeless or at risk of homelessness. This duty is rooted in the Housing Act 1996, which sets out the rules and criteria for when and how councils must help. The law has been strengthened by later legislation, such as the Homelessness Reduction Act 2017 – Wikipedia, which expanded councils’ responsibilities to prevent homelessness and support those in need.
Who Is Eligible for the Main Housing Duty?
Not everyone who is homeless will automatically qualify for the main housing duty. The council will carry out an assessment to decide if you meet specific conditions. To be eligible, you must usually:
- Be legally homeless or at immediate risk of homelessness
- Be eligible for public assistance (based on your immigration status)
- Have a local connection to the council’s area, unless you are fleeing violence
- Be in “priority need” (for example, if you have dependent children, are pregnant, or are vulnerable due to age, disability, or other special circumstances)
- Not be intentionally homeless (meaning you did not deliberately do something or fail to do something that caused you to lose your home)
If you are unsure about your eligibility, the council must still assess your situation and explain their decision. For more details on how councils decide who gets housing, see Council Housing Eligibility and Allocation.
What Does the Council Have to Provide?
Once the council accepts that it owes you the main housing duty, it must offer you suitable accommodation. This means the housing provided should be safe, affordable, and meet the needs of you and your household. The council cannot simply offer any available property; they must consider factors like your health, family size, and location needs.
Accommodation may be temporary at first, especially if there is a shortage of permanent housing. However, the council must continue to look for a more permanent solution. The suitability of accommodation is covered in detail in the government’s Homelessness code of guidance for local authorities – Chapter 15: Accommodation duties and powers – Guidance – GOV.UK.
How Is the Main Housing Duty Different from Other Support?
The main housing duty is only one part of the broader system of Homelessness Support available in the UK. Before the main duty applies, councils have a duty to help prevent or relieve homelessness for anyone who asks for help, regardless of priority need. This might include advice, emergency accommodation, or support to keep your current home.
The main housing duty is a stronger obligation. It only applies when prevention and relief steps have not worked, and you meet all the criteria mentioned above. If you do not qualify for the main duty, you may still get other forms of help, such as advice or limited temporary accommodation.
Understanding your rights under the main housing duty can help you get the support you need. If you think you may be eligible, contact your local council as soon as possible to start the assessment process.
When the Council Must Provide Rehousing
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The main housing duty is a legal responsibility for councils to help people who are homeless or at risk of becoming homeless. Understanding when the council must provide rehousing can help you know your rights and what to expect.
When does the main housing duty apply?
The duty is triggered when you apply to your local council for help and they decide you meet certain conditions. These include:
- You are homeless or threatened with homelessness: This means you do not have a home you can reasonably live in, or you are likely to lose your home within 56 days.
- You are eligible for assistance: Your immigration status and where you normally live are considered.
- You have a priority need: This includes people with children, pregnant women, some young people, and those who are vulnerable due to age, disability, or other special reasons.
- You are not intentionally homeless: The council will check if you lost your last home on purpose, for example, by not paying rent when you could afford to.
How does the council assess your situation?
When you approach the council, they will carry out a detailed assessment. You will be asked about your living situation, finances, and personal circumstances. The council may ask for documents, such as proof of identity, tenancy agreements, or medical information.
They use this information to decide if you meet the legal criteria for the main housing duty. If you do, the council must offer you help – usually in the form of temporary or permanent rehousing.
What is ‘priority need’?
Priority need is an important part of the assessment. You are likely to have priority need if:
- You have dependent children living with you
- You or someone in your household is pregnant
- You are aged 16 or 17 (and not in care)
- You are vulnerable due to old age, disability, mental illness, or fleeing domestic abuse
- You have been in care, the armed forces, or prison and are vulnerable as a result
If you do not have priority need, the council may still offer advice or short-term help, but they do not have to rehouse you under the main housing duty.
What is ‘suitable accommodation’?
If the council accepts a duty to rehouse you, the accommodation they offer must be suitable for your needs. This means it must be safe, affordable, and meet the needs of your household. For example, if you have mobility issues, the property should be accessible. The council must also consider the location, so you can still access work, schools, or medical care.
If you are not sure whether you qualify, or want to understand more about how councils decide who gets help, you can read about the main criteria used to assess applications. This can help you prepare for your application and know what information to provide.
Types of Housing the Council May Offer
When a local council accepts a main housing duty, they must provide suitable accommodation if you are homeless or at risk of homelessness. The type of housing offered will depend on your circumstances, needs, and what is available in your area. Here’s what you can expect:
Emergency and Temporary Housing
If you need somewhere to stay immediately, the council may place you in emergency or temporary accommodation. This is often used while your application is being assessed or until longer-term housing is found. Temporary housing can include hostels, bed and breakfasts, or short-term flats. The council must make sure this housing is safe and suitable for your needs. To learn more about what to expect, see our guide on Emergency and Temporary Housing.
Longer-Term Council Housing
Once your situation has been assessed, the council may offer you longer-term housing. This could be a council flat or house, or sometimes a property rented from a private landlord. The council must consider your family size, health needs, and location preferences, but options may be limited due to local demand. For more on how council housing is allocated and whether you qualify, visit Council Housing Eligibility and Allocation.
Supported and Specialist Housing
If you have additional needs – such as a disability, mental health condition, or require extra support to live independently – the council may offer supported or specialist housing. These options provide extra help and facilities tailored to your situation. Support might include on-site staff, adaptations for mobility, or help managing daily tasks. Find out more about the different options in our section on Supported and Specialist Housing.
Refuge Housing for Victims of Domestic Abuse
If you are fleeing domestic abuse, the council can help you access refuge housing. Refuges are safe, confidential places designed to support people escaping violence or abuse at home. They often provide emotional support, practical advice, and help with moving forward. For more details on how this works, see Refuge Housing for Domestic Abuse.
Understanding your housing options can help you make informed decisions and get the support you need. If you have specific needs or concerns, let the council know as soon as possible so they can offer the most suitable accommodation.
How to Apply for Rehousing Under the Main Housing Duty
If you are homeless or at risk of becoming homeless, you have the right to ask your local council for help. Here’s what you need to know about applying for rehousing under the main housing duty.
Steps to Take
- Contact Your Local Council Housing Department
Start by getting in touch with your local council as soon as possible. You do not need to be sleeping rough to apply – if you are at risk of losing your home within 56 days, you can still ask for help. Most councils have a dedicated housing department that deals with homelessness applications. - Submit an Application
You will need to make a formal homelessness application. This usually involves an interview with a housing officer, either in person or over the phone. Many councils also offer online forms to start the process. For example, you can use the Housing assistance online form | Royal Borough of Kensington and Chelsea if you live in that area. - Provide Information and Documents
Be prepared to give details about your current living situation, why you are homeless or at risk, and your household members. The council may ask for: - Proof of identity (passport, birth certificate)
- Evidence of your current address (utility bills, tenancy agreement)
- Documents showing why you are homeless (eviction notice, court order)
- Information about your income and benefits
If you do not have all the documents, do not delay your application. The council must still assess your situation, although providing documents can speed up the process.
What to Do If You Need Urgent Help
If you are in immediate danger of becoming homeless or have nowhere safe to stay tonight, tell the council straight away. They must provide emergency accommodation if they believe you may be eligible, homeless, and in priority need (for example, if you have children or are vulnerable due to health issues).
Getting Further Support
Applying for rehousing can feel overwhelming, but you do not have to manage alone. The council’s housing team can guide you through the process and explain your rights. For more information on who can apply and how council housing is allocated, see How to Apply for Council Housing.
Remember, acting quickly gives you the best chance of getting the help you need. If you are unsure where to start, contact your local council’s housing department as soon as possible.
What to Do if the Council Does Not Rehouse You
If the council refuses to rehouse you or says it does not owe you the main housing duty, you still have important rights. It is crucial to know what steps you can take to challenge their decision and where to get support.
Your Rights if the Council Refuses to Help
If the council decides not to provide you with housing under the main housing duty, they must give you a written explanation. This letter should tell you the reasons for their decision and explain your right to ask for a review. You do not have to accept the council’s decision if you believe it is wrong or unfair.
How to Request a Review
You have the right to request a review of most decisions made by the council about your homelessness application. This includes decisions about whether you are eligible, whether you are homeless, or if you should be offered housing. You usually have 21 days from the date you receive the decision letter to ask for a review.
The review process is formal. You should clearly explain why you disagree with the council’s decision and provide any new information or evidence if possible. For step-by-step guidance on how to request a review, including what to include and important deadlines, see Request a review of a housing decision – Camden Council.
Getting Legal Advice and Support
Challenging a council decision can feel overwhelming, but you do not have to do it alone. Many organisations offer free legal advice and support to people facing homelessness. You can contact a local advice centre, Citizens Advice, or a solicitor who specialises in housing law. They can help you understand your rights, prepare your review request, or even represent you in discussions with the council.
If you are facing other housing problems, such as being refused tenancy succession, you may also find helpful information in Alternative Housing Options if Succession Is Not Possible.
What If You Are Still Homeless?
If you are not rehoused after the review, you may still have options. You can ask the council for help finding private rented accommodation or temporary housing. Some charities and support services can also help you look for somewhere to stay. If your circumstances change – such as your health, family situation, or risk of harm – let the council know, as you may be entitled to further help.
How Contend Can Help
Contend’s AI Legal Assistant can support you every step of the way if the council refuses to rehouse you. You can get clear, personalised answers to your questions about the council’s decision and your rights. Contend can guide you through the review process, help you understand what evidence to include, and even assist you in drafting letters or documents to send to the council. If you are unsure about your next steps or need help preparing your case, Contend is here to make the process easier and more accessible.
