Will the Council Rehouse Me If I Get Evicted?
Facing eviction is frightening, and one of the first questions people ask is whether the council will rehouse them. The honest answer is that it depends on your circumstances, but your council does have legal duties to help people who are homeless or about to be. This guide explains when the council must help, what "priority need" means, and, crucially, why you should not wait to ask.
At a glance
- Ask the council
- As soon as you get a valid eviction notice
- Trigger
- Homeless, or homeless within 8 weeks
- Emergency housing
- If you are in priority need
- Do not wait for
- The bailiffs to arrive
Key takeaways
- Your council must help if you could become homeless within eight weeks because of a valid eviction notice.
- Ask early. You can make a homeless application as soon as you receive a valid notice, not after the bailiffs come.
- "Priority need" matters for emergency housing, and includes people who are pregnant, have children, or are otherwise vulnerable.
- Getting expert advice early, from Shelter or Citizens Advice, can make a real difference to the help you receive.
Does the council have to rehouse you?
Councils have a legal duty to help people who are homeless or threatened with homelessness. If your private landlord has served you a valid eviction notice and you could be homeless within eight weeks, the council must help you. You start this by making a homeless application to your local council.
Whether that help amounts to being rehoused in social housing, or being helped to find somewhere in the private rented sector, depends on your situation. But the duty to help is real, and it starts well before you are actually on the street.
What "priority need" means
For emergency accommodation, the council looks at whether you are in "priority need". This means you are at more risk than most people if you become homeless. You are likely to be in priority need if you:
- Are pregnant, or have dependent children,
- Are vulnerable, for example through age, illness or disability, or
- Have lost your home in an emergency such as a fire or flood.
If the council has reason to believe you may be homeless, eligible and in priority need, it must provide emergency accommodation while it looks into your case. The homelessness code of guidance says you should be offered somewhere suitable before bailiffs evict you.
Why you must apply early
The single most important thing is not to wait. Many people wrongly believe they have to be physically evicted first. You do not, and waiting can leave you genuinely homeless with less time for the council to act.
Contact your council as soon as you receive a valid eviction notice. Applying early gives them time to assess your case, and gives you the best chance of avoiding a night with nowhere to go.
When help may be limited
The council may decide you are intentionally homeless, for example if you lost your home through something within your control, in which case they may offer less help. Eligibility can also depend on your immigration status and your connection to the local area. This is exactly why early, expert advice matters, so you understand your position before decisions are made.
Where to get help
Housing law is complex and the rules changed under the Renters' Rights reforms, so it is worth getting expert help rather than going it alone:
- Shelter offers free housing advice and a helpline.
- Citizens Advice can help with your application and your rights.
- Your local council's housing options team is who you make the homeless application to.
Frequently asked questions
Do I have to wait until I am evicted to ask for help? No, and you should not. Apply to the council as soon as you get a valid eviction notice, when you are threatened with homelessness within eight weeks.
Will I definitely get a council house? Not necessarily. The council must help, but that may mean help to find private housing rather than a social tenancy, depending on availability and your circumstances.
What if the council says I am intentionally homeless? They may offer less help. Get advice from Shelter or Citizens Advice, as these decisions can sometimes be challenged.
If your landlord is selling up and you are worried about moving, read landlord selling house, can't afford to move. This article is general information, not legal advice; for your situation, speak to Shelter or Citizens Advice.
