Will the Council Rehouse Me If I Get Evicted?

Council duty to rehouse activates when three baseline tests are satisfied.

First, you must be unintentionally homeless - that is, the loss of your home was not caused deliberately. Second, you need to be eligible for assistance, which includes British citizens, settled EU nationals, refugees and persons with a valid immigration status.

Third, you must fall within a statutory priority need, such as having dependent children, a disability, a serious health condition, or being pregnant (as outlined in government guidance on council duty).

• Unintentional homelessness: loss due to landlord action, loss of tenancy, or unsafe conditions, not self‑inflicted eviction.
• Eligibility for assistance: settled status, indefinite leave to remain, EU Settlement Scheme, asylum seeker with a valid claim, or similar legal right to reside.
• Priority need categories: households with children, pregnant people, individuals with a disability, chronic illness, or anyone at risk of severe harm.
• Local connection or reasonable expectation to stay: evidence of residence, employment, family ties, or long‑term tenancy in the area.
• Reasonable effort to find alternative housing: documented attempts to secure private rentals or temporary accommodation before contacting the council.
• Timely application: submit the rehousing application as soon as possible after becoming homeless; delays can jeopardise council duty.

Council duty begins the instant the council confirms you are homeless, eligible and in priority need after a written application. From that moment the authority must provide emergency accommodation and start a permanent rehousing plan.

1. File a written application with the local homelessness team; oral reports do not trigger the duty.
2. Pass the eligibility test - proof of a local connection, no intentional homelessness and no outstanding court orders.
3. Clear the priority‑need assessment - criteria include pregnancy, disability, children, or imminent risk of harm.
4. Receive the council's decision; once both tests are satisfied, the duty activates and temporary housing must be offered within 24 hours for immediate need and within 21 days for priority cases.
5. Expect a rehousing strategy to be drafted promptly, outlining options such as social rent, private‑sector placements or shared accommodation.

(Reference: Council responsibilities for homelessness)

Five indicators signal that the council will treat you as a priority need when you apply for rehousing.

• Imminent loss of home plus a vulnerability factor - An eviction notice forces the council's duty to assess homelessness, but priority need only arises if you are pregnant, have a child under 16, or face a disability that makes independent living unsafe (as we noted in the eligibility section).
• Being a lone parent with dependent children - Having at least one child under 18, especially if you are the sole caregiver, places you in the 'families with children' priority group.
• Living with a serious health condition - Chronic illness, mobility impairment, or mental health issues that require specialist care qualify you under the 'medical vulnerability' category.
• Experiencing domestic abuse - Documented evidence of physical, emotional, or sexual abuse triggers the 'victims of domestic violence' priority need.
• Being over 60 or having a long‑term care need - Age‑related frailty or a diagnosed condition needing regular support meets the 'elderly or long‑term care' criterion.

(Proof of each factor strengthens your rehousing application - see the council's duty‑to‑assess guidance for exact documentation.)

Automatic rehousing isn't automatic; councils intervene only when legal thresholds are satisfied. The belief that an eviction instantly forces council duty collapses under the Housing Act 1996's priority‑need test.

• **Myth 1:** An eviction automatically triggers a rehousing application.
  **Fact:** Council duty activates only after the household proves a statutory priority need and passes any residency or rent‑arrears checks.
• **Myth 2:** All evicted families receive the same type of accommodation.
  **Fact:** Allocation matches available properties and suitability criteria; the council cannot promise a specific house or flat.
• **Myth 3:** Rent arrears disappear if priority need is established.
  **Fact:** Unpaid rent remains a barrier unless a repayment plan is in place, because councils must protect their housing stock.
• **Myth 4:** Private landlords have no say in the rehousing process.
  **Fact:** Existing tenancy agreements and landlord consent influence timing and placement, especially when the council offers a replacement tenancy.
• **Myth 5:** Homelessness‑prevention services guarantee permanent housing.
  **Fact:** These agencies provide temporary support while the council processes the rehousing application; they do not override the council's legal duties.

Grasping these realities curtails false expectations and sets the stage for the evidence‑gathering and application steps outlined in the next sections.

Rent arrears often trigger an intentional homelessness finding under the Housing Act 1996, which means the council can postpone council duty until the debt is cleared or a realistic repayment plan is in place. Once classified as intentionally homeless, the household loses the automatic right to a rehousing application being assessed under priority need criteria.

Clearing the arrears - or at least presenting a feasible repayment schedule - restores eligibility for council duty and opens the door to a rehousing application. The next section shows how to assemble convincing evidence of financial hardship, a key step toward convincing the council that the debt does not reflect deliberate avoidance of rent.

Strong evidence turns a vague rehousing application into a compelling case for council duty. Gather documents that prove homelessness, priority need, and any barriers the council must consider.

1. Collect the eviction notice; it proves the trigger for council duty and sets the timeline.
2. Compile rent‑arrest records or settlement proof; these show financial hardship that may affect priority need.
3. Add utility bills, council tax statements, or tenancy agreements; they confirm the current residence and length of tenancy.
4. Include medical letters, benefits statements, or school correspondence; these highlight vulnerability, as we covered above, and reinforce priority need.
5. Attach photographs of unsafe conditions or police reports; they clarify risk factors that could influence the council's decision.
6. Create a concise timeline linking each document to the eligibility criteria; this helps the officer see the full picture quickly and speeds up processing. For official guidance, see the official UK council duty guidance.

Council duty kicks in as soon as the homelessness service receives a request, but the exact placement time varies from days to weeks. Acting before the eviction date protects priority‑need status and triggers the emergency‐housing assessment.

Call the council's homelessness helpline the moment an eviction notice arrives. Supply proof of the notice, current rent arrears, and any health or safety concerns. Ask explicitly for emergency temporary accommodation and record the reference number.

Follow up within 48 hours; the service must review the request 'as soon as possible.' If a placement is not confirmed within a week, press for a written update and explore fallback options such as local night shelters or approved private temporary lets.

Key actions to secure emergency housing fast

• Contact the council homelessness service immediately after receiving the notice.
• Provide documented evidence of homelessness, priority‑need criteria, and any vulnerable circumstances.
• Request emergency accommodation and obtain a reference number.
• Follow up in 48 hours; insist on a written status update.
• If no placement appears, consider approved temporary shelters or private temporary lets while the council finalises the assessment.

These steps keep the priority‑need window open and force the council to act promptly, paving the way for the next stage - challenging any refusal of permanent rehousing.

To overturn a council refusal, request the decision in writing within 14 days and note the exact reasons given. First, compare those reasons with the council duty criteria for priority need outlined earlier. If the explanation overlooks missed evidence or misapplies the Housing Act 1996, the error forms the basis for a challenge.

Second, submit a formal reconsideration request, attaching fresh proof that strengthens the rehousing application. Include medical letters, tenancy arrears payment plans, or newly identified safety hazards that demonstrate priority need. Highlight any procedural missteps, such as failure to consult the resident, to force the council to reassess its position.

Finally, if reconsideration ends in another refusal, contact the Housing Ombudsman for independent review. Should the Ombudsman uphold the council's stance, a judicial review remains the last resort, but only after legal advice confirms a realistic prospect of success.

A single mother turned a looming eviction into permanent rehousing within 11 weeks. She flagged her priority need - homeless with a dependent child - on the rehousing application, submitted tenancy statements, medical notes and a letter from her employer, exactly as section 6 advises. Within a month the council duty provided emergency temporary accommodation after confirming the risk of homelessness. The statutory assessment, required by the Housing Act 1996, ran for eight weeks, during which the council verified her evidence and explored local options. At week 11 the council offered a BTR flat; she accepted and moved in, completing the full process far faster than typical timelines.

Her experience mirrors the steps outlined earlier and demonstrates that swift paperwork can accelerate outcomes (see official government guidance on council duty). If eviction results from antisocial behaviour, the council's duty may be more limited, a scenario explored in the next section.

The council duty to assess rehousing remains active even when antisocial conduct triggers the eviction. If the tenant demonstrates willingness to address the behaviour, the council can assign priority need and offer temporary accommodation while a permanent solution is sourced. Evidence of engagement with support services strengthens the rehousing application, as we covered in the evidence‑preparation section.

Conversely, persistent antisocial actions allow the council to withhold priority need until the conduct stops. A refusal to cooperate may result in a limited duty, meaning only short‑term emergency housing is provided, if any. The council may also impose a tenancy ban, delaying any long‑term rehousing until the issue is resolved (see council rehousing duties for antisocial behaviour).

If a pensioner is evicted, the council duty to rehouse activates only when the person satisfies the statutory definition of priority need under the Housing Act 1996.

Priority need for pensioners includes severe physical or mental impairment, reliance on a health‑care regimen that requires stable accommodation, or a documented risk of homelessness that would endanger health. Once the council confirms any of these criteria, it must treat the pensioner as a priority case in the rehousing application, meaning a faster allocation of suitable housing and, where possible, placement close to existing health‑care services.

• Example: 78‑year‑old Mrs Harris, living with limited mobility, receives a care package that mandates a ground‑floor flat with wheelchair access. After the eviction notice, the council's assessment records her impairment and grants priority need, moving her into a purpose‑built retirement flat within weeks (see official rehousing guidance).
• Example: 82‑year‑old Mr Khan, diagnosed with chronic obstructive pulmonary disease, cannot stay in temporary accommodation because of exposure to damp. The council's medical report triggers priority need, prompting placement in a property with a dry, well‑ventilated environment and proximity to his GP.

These scenarios illustrate that, unlike the myths debunked earlier, council duty is not automatic but hinges on proven priority need, and the speed of rehousing directly reflects the strength of the supporting evidence gathered in the application.

Long‑term stability after rehousing hinges on a reliable income stream, staying on the council duty register, and nurturing a solid support network (as we explored in the eligibility section). First, enroll in any applicable benefits - Universal Credit, Housing Benefit, or Discretionary Housing Payments - so the council duty covers rent and utilities while you rebuild credit. Second, lock in the tenancy by signing a Assured Shorthold Tenancy and storing the agreement safely; any breach can trigger a new eviction cycle. Third, connect with local charities or housing support services that monitor rent arrears and can intervene before a problem escalates.

Maintain stability by budgeting around fixed costs, reserving at least one month's rent as an emergency buffer, and setting up direct‑debit payments to avoid missed dates. Regularly review the council's priority‑need status; a change in circumstances - like a new job or health issue - may alter eligibility for additional assistance. Strengthen community ties through neighbourhood groups or peer‑support forums; peer advice often spotlights hidden resources such as micro‑grants for furniture or utility upgrades. For official guidance on sustaining a council‑assigned home, see the government's housing assistance page.