You Are Homeless Tonight
If you have nowhere to sleep tonight, your local council has a legal duty to provide emergency accommodation while they assess your application. You must apply to the council's housing options team immediately.
Quick Answer
Your local council has a legal duty under the Housing Act 1996, s.188 to provide interim accommodation once you have applied as homeless and the council has reason to believe you may be eligible, homeless, and in priority need. Priority need includes having dependent children, pregnancy, vulnerability due to mental or physical ill health, and several other categories. Apply in person to the council's housing options team today — do not wait.
Full Explanation
Part 7 of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2017) creates a comprehensive scheme of duties on local housing authorities towards homeless people. The key duties at the emergency stage are the s.188 interim duty and the s.189B prevention and relief duties.
The s.188 interim duty arises when a council has reason to believe you are eligible for assistance (based broadly on your immigration status), that you are homeless, and that you may be in priority need. The council need only have a reason to believe these things — it does not need to confirm them at this stage. Priority need categories include: dependent children or a pregnant woman in the household; being aged 16 or 17; being made homeless as a result of a flood, fire, or other emergency; being especially vulnerable due to old age, physical disability, mental ill health, domestic abuse, or other special reason.
The Homelessness Reduction Act 2017 extended the council's duties significantly. All eligible applicants (including those not in priority need) now have a right to a personalised housing plan. The council must take reasonable steps to prevent homelessness for 56 days before it occurs, and to relieve it for 56 days after it occurs. Only at the end of these stages does the full rehousing duty arise — and only for those who are in priority need, homeless, eligible, and not intentionally homeless.
When you attend the council's housing options team, bring as much documentation as you can: identification (passport, driving licence, birth certificate), proof of current or previous address (tenancy agreement, utility bills), documentation relating to the reason for homelessness (eviction notice, domestic violence records), and documents relating to any dependent children (birth certificates, school letters). If you have nothing, the council should still accept your application.
If the council refuses to accept your application or refuses to provide interim accommodation when you appear to qualify, you have an immediate right to a review and, ultimately, to apply to the county court under s.204 of the Housing Act 1996. Shelter's advice line (0808 800 4444) can advise you on this in real time.
Legal Basis
- §Housing Act 1996, Part 7 (homelessness duties)
- §Housing Act 1996, s.188 (interim accommodation duty)
- §Homelessness Reduction Act 2017 (prevention and relief duties)
- §Housing Act 1996, s.189B (duty to take reasonable steps — relief)
What To Do
Contact the Council Housing Options Team Today
Call or go in person to your local council's housing options or homeless applications team. If it is outside office hours, most councils have an emergency out-of-hours number for homeless applications — call the main council switchboard and ask for emergency housing. Do not wait until tomorrow.
Bring ID and Supporting Documents
Bring whatever you have: passport, photo ID, birth certificate, tenancy agreement, eviction notice, letters about domestic abuse, children's birth certificates or school letters. If you have nothing, explain this — the council cannot refuse to accept your application because you lack documents, though they will need to verify your details.
Ask for Interim Accommodation Under s.188
Specifically ask the housing officer for interim accommodation pending assessment under Housing Act 1996, s.188. You do not need to use legal language — simply say you need somewhere to sleep tonight and ask what immediate accommodation they can provide while your application is assessed.
Call Shelter if the Council Refuses
If the council refuses to accept your application or refuses to provide interim accommodation and you believe you are in priority need, call Shelter's free helpline (0808 800 4444) immediately. Shelter has specialist emergency housing advisers available in the evenings and at weekends.
Engage With the Personalised Housing Plan
Under the Homelessness Reduction Act 2017, the council must produce a personalised housing plan setting out the steps the council and you will take to end your homelessness. Engage with this process — failure to take steps you have agreed to can affect your rights at a later stage.
Important Deadlines
Important Warnings
If you are found intentionally homeless (i.e. you deliberately did something that caused you to lose your last settled home), the council's rehousing duty is very limited — seek advice before any potentially relevant act, such as giving up a tenancy.
Local connection rules can affect which council you apply to — if you apply to a council where you have no local connection, they can refer you to a council where you do, which may delay assistance.
If you are a family with children and the council is not providing accommodation, contact Shelter immediately — there are emergency legal routes including applications to the court.