What to do if you are homeless tonight
The council must secure emergency accommodation the moment it has reason to believe you may be homeless, eligible and in priority need — not after it investigates. The words to use, the out-of-hours route, and what to do if you are refused.
Short answer
Contact your council's housing options team today, or ring its out-of-hours emergency number tonight, and say you are homeless with nowhere to sleep. Where the council has reason to believe you may be homeless, eligible and in priority need, section 188 of the Housing Act 1996 requires it to secure accommodation immediately, before it completes any inquiries.
If you have nowhere to sleep tonight, the fastest route to a bed is not a shelter or a charity — it is your local council, and specifically the team usually called housing options, housing solutions or homelessness. Councils in England, Wales and Scotland carry a statutory duty to secure accommodation for people who may be homeless, and in Northern Ireland the same job is done centrally by the Northern Ireland Housing Executive. Charities matter enormously in the days that follow, and some of them run beds. But on the night itself, most of what a good adviser does is get the council to do what the law already requires of it.
The single most useful sentence in English homelessness law is section 188(1) of the Housing Act 1996. If the local housing authority has reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, it must secure that accommodation is available for that applicant's occupation. Every word of that is deliberately weak. 'Reason to believe' is a far lower standard than being satisfied. 'May be' describes a possibility, not a finding. And the duty arises before the council has completed any inquiry at all — its whole purpose is to keep you off the street while the authority works out what it owes you in the longer term.
The practical failure mode is that councils frequently behave as though the threshold were high. People are told to come back tomorrow, to bring documents first, to go to the borough they last lived in, or that nothing can be done until an assessment is booked. None of those is a lawful reason to leave someone on the street where the interim duty has been triggered. The counter to it is not aggression, it is precision: name the duty, ask for a decision, and ask for that decision in writing with reasons and your review rights attached.
This page is written to be usable at nine o'clock at night. It covers the first hour and who to ring, what section 188 actually requires and when it starts, how priority need is assessed and how much evidence you really need tonight, how to force a written decision, what to do when you are refused, and the genuinely different systems in Scotland, Wales and Northern Ireland — including Scotland's abolition of the priority need test, which makes the Scottish duty materially wider than the English one.
The first hour: who to contact and what to say
Start with the council for the area you are in right now. GOV.UK has a postcode lookup that routes you to the right authority's homelessness service, and during office hours you can present in person at the housing options office without an appointment. There is no application form to complete and no prescribed wording — the statutory Code of Guidance is explicit that an application requires no particular form, can be made orally, can be made to any department of the authority, and can be made by someone acting for you.
Outside office hours, use the emergency number rather than waiting for the morning. The Code of Guidance requires housing authorities to have arrangements in place for 24-hour emergency cover, for example by enabling telephone access to an appropriate duty officer, and to publicise how to reach it. On most council websites the number is on the homelessness page or the contact page; on many main switchboards the after-hours answerphone message reads it out. If the website is unhelpful, ring the main council number and listen to the recorded options.
Say the three things that trigger the duty, in plain terms: that you are homeless, that you have nowhere to sleep tonight, and that you are asking the council to provide interim accommodation while it makes its inquiries. If any of the priority need categories apply to you — you are pregnant, you have children with you, you are 16 or 17, you have left home because of abuse or violence, you have a physical or mental health condition — say so in the first minute rather than waiting to be asked. The duty is engaged by what the officer has reason to believe, so what you tell them matters immediately.
If you are in danger tonight, that is a 999 call, not a housing call. Nobody is required to return to accommodation where they face domestic abuse or violence, and being unable to stay somewhere safely is itself a form of homelessness under the statutory definition — accommodation only counts if it would be reasonable for you to continue to occupy it, and the Code of Guidance treats a risk of domestic abuse or other violence as making occupation unreasonable.
Take documents if you have them to hand: photo identity, your National Insurance number, benefit award letters, any notice or court papers from a landlord, medical letters or a repeat prescription list, and details of everyone who lives with you. Do not delay presenting in order to collect them. Missing paperwork is a reason for the council to make inquiries; it is not a lawful reason to leave you outside overnight.
If you physically cannot get to the office — you are out of the district, unwell, or have no transport — ask someone to make the application on your behalf, or make it by telephone, and ask the officer to log it, give you a reference and confirm it in writing or by text. Note the officer's name and the time of the call. That record is what makes a later challenge possible.
If you end up on the street despite all of this, the council application still stands and should be pursued the next working day. Crisis, which runs Skylight services in nine locations across Great Britain, points people who are sleeping rough to StreetLink for an outreach referral in England and Wales, to Shelter's free emergency helpline on 0808 800 4444, and to Centrepoint on 0808 800 0661 for people aged 16 to 25.
What section 188 actually requires, and when it starts
Section 188(1) of the Housing Act 1996 is the provision that gets a bed tonight in England: where the authority has reason to believe an applicant may be homeless, eligible for assistance and have a priority need, it must secure that accommodation is available for that applicant's occupation. The Code of Guidance describes four circumstances in which an authority must secure accommodation on an interim basis, and this is the first and by far the most commonly used of them.
Two features of the section are worth memorising because they defeat the two most common refusals. First, the duty is engaged by belief rather than by proof, and by possibility rather than by certainty — the statutory language is 'may be'. Second, section 188(2) provides that the duty arises irrespective of any possibility of the applicant's case being referred to another local housing authority. In other words, 'you have no connection with this borough' is a question for the referral process later in the week, not a reason to decline to house you tonight.
GOV.UK also lists groups who do not need a local connection with the area at all: current and former members of the UK armed forces, bereaved spouses and civil partners leaving Ministry of Defence accommodation, current and former reservists with a service-related injury, care leavers under 25, and survivors of domestic abuse. If you fall into any of those, say so at the counter.
What the duty requires is accommodation — not advice, not a printed list of hostels, and not a promise of a call back. The council may discharge it through its own stock, a hostel place, a bed and breakfast or a hotel, and it may place you outside its own district where that is unavoidable, but the obligation is to secure somewhere for you to be.
The interim duty does not run indefinitely. Section 188(1ZA) and (1ZB) set out when it ends, which turns on the notifications the council gives you and on whether the separate relief duty is still running. The Code of Guidance confirms that a housing authority ending interim accommodation need only give reasonable notice to vacate rather than obtain a possession order, but that as a public body it must act reasonably — giving you at least some opportunity to find somewhere else and time to consider requesting a review.
Running alongside section 188 is the relief duty in section 189B, inserted by the Homelessness Reduction Act 2017. That duty is owed to everyone who is homeless and eligible, whether or not they have a priority need, and requires the authority to take reasonable steps to help secure accommodation with a reasonable prospect of being available for at least six months. For applicants with priority need who are not intentionally homeless, it runs for 56 days. The two duties do different jobs: section 189B is about helping you secure somewhere, section 188 is about where you sleep meanwhile. Do not accept the first as a substitute for the second.
Section 188(3) also gives the authority a power — not a duty — to continue accommodating you while a review of a decision is pending, and the Code of Guidance says the factors to weigh include the merits of your case and your personal circumstances. Asking explicitly for that power to be exercised, in writing, is a step most applicants never take.
- "I am homeless and I have nowhere to sleep tonight."
- "I am asking you to provide interim accommodation under section 188 of the Housing Act 1996."
- "Here is why I may be in priority need."
- "If you are refusing, please give me that decision in writing with your reasons."
- "Please also consider exercising your power to accommodate me pending any review."
Priority need: the gate, and how much evidence you need tonight
In England, Wales and Northern Ireland the interim duty depends on priority need. The Code of Guidance sets out the categories: a pregnant person and anyone residing with them; a person with dependent children; a victim of domestic abuse; a person vulnerable through old age, mental illness, learning disability, physical disability or other special reason; 16 and 17 year olds outside children's services care; care leavers under 21 who were looked after between 16 and 18; people aged 21 and over who are vulnerable as a result of having been looked after or fostered; former members of the armed forces; people vulnerable following a custodial sentence or detention; people who have left accommodation because of violence or threats of violence; and people homeless as a result of an emergency such as a flood, fire or other disaster.
Most disputes are about the vulnerability category. The test the authority applies is whether you would be significantly more vulnerable than an ordinary person would be if that ordinary person became homeless. The Code frames this as whether you would suffer harm that makes a noticeable difference to your ability to deal with the consequences of homelessness. It is a comparative test, and the comparison is with an ordinary person facing the street, not with a person in good housing.
Two features of the assessment work in an applicant's favour and are routinely under-used. Authorities must carry out an individual assessment rather than applying blanket policies, and where they rely on support being available from a third party, they must satisfy themselves that the support will actually be provided consistently — a relative who says they will 'keep an eye out' is not, on the Code's own terms, a substitute for accommodation. The Equality Act 2010 duties also apply where a protected characteristic is in play.
Tonight, though, the question is not whether you are in priority need. It is whether the officer has reason to believe you may be. That is a much smaller evidential ask, and it is satisfied by a credible account rather than by a completed medical assessment. A repeat prescription, a hospital discharge letter, a mental health team's contact card, a maternity notes booklet, a care leaver's pathway plan, a police incident number, a probation officer's details — any one of these, produced at the counter, makes the belief threshold very hard to argue against.
If you have children with you, or you are pregnant, the category is not a matter of judgement at all and there is no vulnerability assessment to fail. Say it first and say it clearly. The same applies to a 16 or 17 year old presenting alone, where children's services and the housing authority both have duties and the Code prohibits the use of bed and breakfast accommodation entirely.
If the council concludes you have no priority need, that does not end its obligations. The relief duty under section 189B is owed to every eligible homeless applicant regardless of priority need, so the authority must still take reasonable steps to help you secure accommodation and must still assess your case and agree a personalised housing plan with you. What you lose is the guarantee of somewhere to sleep while that happens — which is exactly why the priority need decision is the one worth challenging. Scotland, as the section below explains, abolished the test outright.
Getting it in writing, and why that is the whole game
The Code of Guidance requires housing authorities to notify applicants in writing of their decisions, to write those notifications clearly and in plain language, and to explain the reasons — particularly where the decision goes against the applicant. It also confirms that the duty to make inquiries is triggered where the authority has reason to believe a person applying for assistance may be homeless or threatened with homelessness, which is a deliberately low bar designed to capture potential cases rather than to filter them out.
The problem is that the decision that actually determines where you sleep is very often never written down. It is delivered verbally at a counter or on a phone line: we cannot help you, you need an appointment, you are not from this borough, come back with your paperwork. A verbal refusal of this kind is not a lawful decision on your application, it carries no reasons, and it gives you nothing to challenge. Converting it into a written decision is the single highest-value thing you can do in the building.
The wording that does it is short. Ask: are you refusing to accept my homeless application? Then: please give me a written decision with your reasons and details of my review rights. Officers who were about to send you away informally will frequently escalate the matter to a manager at that point, because a written refusal has to be defensible and an informal one does not.
Keep your own record in parallel. Note the date and time, the office or phone line, the name and role of everyone you spoke to, and what was said. Save texts and emails, and photograph any leaflet or handwritten note you are given. If you were told to return the next day, write down the exact words used. None of this is theatre — it is the evidence base for a review, a complaint to the ombudsman or an urgent application to court.
Ask for the reference number for your application and for the name of the officer dealing with it, and confirm the conversation by email the same evening if you can. A short email that records what you said, what you were told and what you are asking for turns a disputed recollection into a document with a timestamp.
You will normally be warned about the offence of giving false information and about your duty to report material changes in your circumstances. The Code says that warning should be conveyed sensitively so as not to intimidate applicants. Take it seriously in the sense that everything you say should be accurate — but do not let it deter you from describing your circumstances fully, including health conditions or experiences of abuse you would rather not discuss.
If English is not your first language, or if a disability makes the process harder, say so at the outset. The Code expects authorities to publicise their contact arrangements and to make translation available, and reasonable adjustments are not a favour to be requested apologetically.
If the council refuses: reviews, appeals and tonight's options
Section 202 of the Housing Act 1996 gives a right to request a review of the decisions that matter most: whether you are eligible for assistance, what duty if any is owed to you, the steps the authority is taking under the prevention and relief duties, a decision to refer your case to another authority, and the suitability of accommodation offered to you. A request must be made within 21 days beginning with the day you are notified of the decision, although the authority may allow a longer period in writing. There is no right to review the outcome of an earlier review.
The review timescales are set out in the Code of Guidance: eight weeks for most decisions, three weeks for decisions about the prevention and relief duties, and up to twelve weeks where a referral is being decided jointly by an appointed person. Where the reviewing officer identifies a deficiency in the original decision but is still minded to decide against you, they must tell you so and give you the chance to make further written or oral representations within a reasonable period. That 'minded-to' letter is an opportunity, not a formality — it tells you precisely what the reviewer thinks is wrong with your case.
Note what section 202 does not cover. A refusal to provide interim accommodation under section 188 is not on the list of reviewable decisions, so there is no statutory review of the decision that determines where you sleep tonight. That is why an emergency refusal is a matter for urgent specialist advice rather than for the review process — and why getting the refusal into writing, quickly, matters so much.
After a review, section 204 allows an appeal to the county court on any point of law arising from the decision, brought within 21 days of being notified of the review decision, with the court able to extend that period where there was good reason for delay. The court may confirm, quash or vary the decision. Section 204(4) allows accommodation to continue during the appeal period and while an appeal is pending where the authority was under a duty to secure it.
Alongside all of this, the authority has a discretionary power under section 188(3) to keep accommodating you while a review is decided. Ask for it in the same letter that requests the review, and give reasons: the strength of your case, the consequences of rough sleeping for your health or your children, and any new evidence you are obtaining. The Code confirms the merits of the case and personal circumstances are relevant factors.
Get free advice in parallel rather than afterwards. Shelter's free helpline on 0808 800 4444 covers housing law in England and is open Monday to Friday, 8am to 5pm — which is a weekday daytime service, so it is not the route at nine on a Saturday night. Shelter Scotland, Shelter Cymru, Housing Rights in Northern Ireland and Citizens Advice all run equivalent services for their jurisdictions, and homelessness is one of the areas where legal aid remains available in England and Wales.
If the objection is about how the council behaved rather than about the legal decision — records lost, no decision issued at all, an application never logged, unreasonable delay — that is a complaint through the council's own procedure and then to the Local Government and Social Care Ombudsman in England, the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Northern Ireland Public Services Ombudsman. That route is slow and cannot house you tonight, but it produces findings that change how authorities behave.
Scotland: a wider duty and a seven-day cap
Scotland runs a separate statute and a materially stronger scheme. Section 29 of the Housing (Scotland) Act 1987 provides that where a local authority has reason to believe that an applicant may be homeless, it must secure that accommodation is made available for their occupation pending its inquiries. The trigger is homelessness itself — the English requirement of a reason to believe there may also be a priority need does not appear in the same way, and the duty applies regardless of whether the applicant has a local connection with another authority's district.
That difference is not accidental. The Scottish Government confirms that the priority need test was abolished in 2012, so that anyone found to be unintentionally homeless became entitled to settled accommodation from a local authority, a housing association or the private rented sector. In practice this makes a Scottish homelessness application a stronger route into settled housing than the equivalent English one, and it removes the vulnerability argument that dominates English casework.
Scotland also regulates what temporary accommodation may be used. The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 sets standards for temporary accommodation, and the Scottish Government states that a 2020 amendment extended the ban on placing homeless households in bed and breakfast or hotel accommodation for more than seven days from pregnant women and families with children to all homeless households. That is a considerably tighter limit than the six-week ceiling that applies to families in England.
Section 31 of the 1987 Act sets out what is owed once inquiries conclude: where the applicant is homeless and did not become homeless intentionally, the authority must secure that permanent accommodation becomes available, and otherwise must provide temporary accommodation together with advice and assistance in securing somewhere permanent. Section 32B requires the authority to assess whether the household needs prescribed housing support services and to ensure those services are provided.
Policy is moving further in the same direction. The Scottish Government describes a shift to rapid rehousing by default and to ending the use of night shelters, backed by substantial investment in changing the homelessness system, and treats prevention as the primary objective rather than a supplement to crisis response.
Practically, apply to the homelessness team of whichever of Scotland's 32 councils you are in. mygov.scot links to every council's housing department and points people to Shelter Scotland's helpline on 0808 800 4444, open Monday to Friday from 9am to 5pm, to Simon Community Scotland's 24-hour helpline, and to Citizens Advice Scotland. The 24-hour service matters for the same reason it does everywhere else: the weekday helplines close, and homelessness does not.
Wales and Northern Ireland
Wales rewrote its homelessness law in Part 2 of the Housing (Wales) Act 2014, and the architecture is prevention-first. Section 60 requires authorities to provide information and advice on preventing homelessness free of charge. Section 62 requires an assessment where someone appears to be homeless or threatened with homelessness, and section 63 requires the authority to notify the outcome of that assessment and to tell the applicant about the right to request a review.
The duties then run in sequence. Section 66 is the prevention duty, owed to eligible applicants threatened with homelessness and lasting up to 56 days from notification. Section 73 is the duty to help secure suitable accommodation for eligible applicants who are already homeless, also framed around a 56-day period. Section 75 imposes the longer-term duty to secure accommodation once the section 73 duty ends, for eligible applicants in priority need who did not become homeless intentionally.
The provision that gets a bed tonight in Wales is section 68: the authority must secure interim accommodation where it has reason to believe the applicant may be homeless, eligible and in priority need. Section 70 sets out the Welsh priority need categories, which include pregnant women, people with dependent children, vulnerable people, young people aged 16 to 21, care leavers, veterans and people experiencing domestic abuse. The wording of the trigger mirrors the English one, so the same approach applies: name the duty, state why you may be in priority need, and ask for a written decision.
Shelter Cymru is the specialist advice service for Wales and runs a telephone advice line as well as written guidance covering emergency options, rough sleeping, help from social services, and the position of asylum seekers and EU and EEA nationals. Its own summary of the law is that councils have legal duties to help people who are homeless or in danger of losing their home, that in most cases the council must provide advice, and that it may have to help you find a home.
Northern Ireland does not use councils for this at all. Homelessness is handled by the Northern Ireland Housing Executive, which nidirect describes as required to provide free homelessness advice to everyone and to interview applicants to discuss their housing options. nidirect is also clear that legal homelessness is much wider than sleeping rough: it includes having somewhere to live that you cannot stay in because of the threat of violence, abuse or harassment, accommodation in a condition that risks your health, a lack of suitable housing for your family, and being locked out and denied access.
The two numbers to have are the Housing Executive on 0344 8920 900 during office hours and its out-of-hours emergency homelessness line on 0344 8920 908, both published by Housing Rights, the independent housing advice charity for Northern Ireland. Housing Rights explains that the Housing Executive will prioritise finding accommodation for applicants who have homeless points or meet priority criteria such as having dependent children, that temporary accommodation is typically a hostel place, with single lets — private rented properties — available for families or households with particular needs, and that bed and breakfast can be used in emergencies.
Housing Rights also lists first-come, first-served emergency beds in Belfast, including Centenary House on 028 9032 0320, Morning Star House on 028 9033 3500, the Simon Community on 0800 171 2222 and the Welcome Organisation for women on 028 9024 0424, and points people under 25 towards foyer accommodation in Belfast, Derry/Londonderry and Omagh, which combines housing with training and support.
What emergency accommodation is like, and what happens next
Emergency accommodation is rarely pleasant and is not meant to be permanent. In practice it is a room in a hostel, a bed and breakfast, or a hotel, and it may be outside the district you presented in. Shelter's guidance is blunt about the arithmetic: do not refuse it, because the council might not offer you anywhere else, and accepting it keeps you off the street while the authority investigates your case. The bar for challenging a placement as unsuitable is high — it has to be very unsuitable to be successfully challenged in court — though genuine safety concerns are a different matter and should be raised immediately and in writing.
There are real standards, and they are worth knowing. The Code of Guidance requires accommodation secured under the homelessness duties to be free of category 1 hazards under the Housing Act 2004, to comply with overcrowding provisions, and to be assessed against each household's own needs. Inspections should check for damp, mould and electrical safety, and for families with infants there must be adequate space for a cot for each child aged under two.
Bed and breakfast is restricted rather than banned in England. The Code says authorities should use it only as a last resort and then for a maximum of six weeks for applicants with family commitments — pregnant applicants and those with dependent children — and that this applies regardless of whether breakfast is actually served, provided cooking facilities or other key amenities are shared between households. B&B is prohibited outright for 16 and 17 year old applicants.
Placements out of the district are also constrained. The Code requires authorities to secure accommodation within their own area so far as reasonably practicable, and where that is not possible, to weigh the distance involved and the disruption to schooling, employment, medical care and caring responsibilities. Authorities should document those decisions and give applicants reasonable time to consider them. If you are placed far away and the placement breaks a child's schooling or your job, say so in writing at once — suitability is a reviewable decision under section 202.
While you are in interim accommodation, the relief duty is doing the other half of the work. The authority must assess your case, agree a personalised housing plan recording the steps both you and the authority will take, and take reasonable steps to help you secure accommodation with a reasonable prospect of being available for at least six months. The Code is explicit that authorities must not limit or reduce the help they give during the relief duty on the basis of an assumption about whether you will ultimately be owed a longer-term duty.
The decision that then decides your longer-term position is usually intentionality. Someone is intentionally homeless only where all three limbs are made out: they deliberately did or failed to do something, that caused them to stop occupying accommodation, and it would have been reasonable for them to continue occupying it. The Code says an act or omission made in good faith by someone unaware of a relevant fact must not be treated as deliberate, and specifically that arrears arising from financial difficulties beyond the applicant's control, from Housing Benefit or Universal Credit delays, or from mental illness, disability or age-related incapacity, should not be treated as intentional. Economic abuse must be taken into account for survivors of domestic abuse. Each household member is assessed individually.
Two practical points close the loop. Cooperate visibly with the personalised housing plan, because deliberate and unreasonable refusal to cooperate is a route by which the authority can bring duties to an end. And deal with the money side in parallel — the housing element of Universal Credit, a Discretionary Housing Payment, the household support available through your council and a free debt adviser will all matter within days of the first night's accommodation being secured.
Key takeaways
- Section 188 of the Housing Act 1996 requires the council to secure accommodation the moment it has reason to believe you may be homeless, eligible and in priority need — before any inquiries are completed.
- Every housing authority must have 24-hour emergency cover, so there is an out-of-hours number for tonight; an application needs no form, can be made orally, and can be made by someone on your behalf.
- Having no local connection is not a lawful reason to refuse interim accommodation — section 188(2) says the duty arises irrespective of any possible referral to another authority.
- A verbal refusal is not a decision and carries no review right: ask for it in writing with reasons, because section 202 reviews and section 204 county court appeals attach only to notified decisions.
- Scotland abolished the priority need test in 2012 and caps unsuitable accommodation at seven days for all homeless households, making the Scottish duty considerably wider than the English one.
Who to contact
Your local council — GOV.UK homelessness lookup
Postcode search that routes you to the right authority's homelessness service. Ask for housing options and for interim accommodation under section 188.
Shelter emergency helpline (England)
Free housing advice for people who are homeless, have nowhere to stay tonight, or are at risk of harm at home. Monday to Friday, 8am to 5pm.
Homelessness advice for Scotland, where the duty is wider and there is no priority need test. Helpline Monday to Friday, 9am to 5pm.
Housing and homelessness advice for Wales, covering emergency options, rough sleeping and the Housing (Wales) Act 2014 duties.
Housing Rights (Northern Ireland)
Emergency homelessness help for Northern Ireland, including the Housing Executive's out-of-hours line on 0344 8920 908 and Belfast emergency beds.
Skylight services in nine locations across Great Britain, help claiming entitlements, and signposting for people sleeping rough tonight.
At a glance
- The trigger
- "Reason to believe"A deliberately low threshold — possibility, not proof (s188, Housing Act 1996)
- What to ask for
- Interim accommodationThe statutory name for emergency housing while inquiries are made
- Out of hours
- Every authority must have cover24-hour emergency arrangements, e.g. telephone access to a duty officer
- No form required
- An application can be oralIt can be made to any council department, by you or by someone for you
- Scotland
- No priority need testAbolished on 31 December 2012 — the duty is far wider
- Northern Ireland
- Housing Executive, not the council0344 8920 900 in hours; 0344 8920 908 out of hours
- Review deadline
- 21 daysFrom written notification of the decision (s202, Housing Act 1996)
- B&B limits
- 6 weeks for families in EnglandScotland caps unsuitable accommodation at 7 days for all homeless households
What to do if you are homeless tonight — FAQ
I'm homeless tonight — who do I call?
Your council's housing options team, or its out-of-hours emergency number if the office is closed. Every housing authority must have 24-hour emergency arrangements, usually telephone access to a duty officer. In Northern Ireland ring the Housing Executive on 0344 8920 900, or 0344 8920 908 out of hours. If you are in immediate danger, call 999 first.
Does the council have to house me the same night?
In England it must secure accommodation where it has reason to believe you may be homeless, eligible for assistance and in priority need — section 188 of the Housing Act 1996. That threshold is a possibility, not proof, and the duty applies before any inquiries are finished. Wales has an equivalent duty in section 68 of the Housing (Wales) Act 2014.
What counts as priority need?
Pregnancy, dependent children, being 16 or 17, being a care leaver under 21, fleeing domestic abuse or violence, former armed forces service, vulnerability following custody, homelessness caused by fire or flood, and vulnerability through old age, mental illness, learning disability or physical disability. The vulnerability test asks whether you would be significantly more vulnerable than an ordinary person who became homeless.
The council says I have no local connection — can they turn me away?
Not from interim accommodation. Section 188(2) states the duty arises irrespective of any possibility of your case being referred to another authority, so the connection question belongs to a later referral process. GOV.UK also lists groups exempt from local connection rules entirely, including care leavers under 25, domestic abuse survivors and current and former armed forces personnel.
What do I do if the council refuses to help me tonight?
Ask them to confirm the refusal in writing with reasons and your review rights. A refusal of interim accommodation is not among the decisions section 202 makes reviewable, so it needs urgent specialist advice rather than the review process. Contact Shelter, Shelter Scotland, Shelter Cymru, Housing Rights or Citizens Advice, and record the officer's name, the time and what was said.
How long do I have to challenge a homelessness decision?
Twenty-one days from being notified, under section 202 of the Housing Act 1996, though the authority may allow longer in writing. Most reviews must be decided within eight weeks; prevention and relief decisions within three. After a review you can appeal to the county court on a point of law within 21 days under section 204.
Should I accept emergency accommodation I don't like?
Almost always yes. Shelter's guidance is that the council might not offer you anywhere else, and accepting keeps you off the street while your case is investigated. Raise genuine safety concerns in writing immediately. Suitability — including an out-of-area placement that breaks schooling or employment — is separately reviewable under section 202.
Is it different in Scotland?
Substantially. Section 29 of the Housing (Scotland) Act 1987 requires accommodation where the council has reason to believe you may be homeless, and Scotland abolished the priority need test in 2012, so anyone unintentionally homeless is entitled to settled accommodation. Unsuitable accommodation such as B&B or hotels is capped at seven days for all homeless households.
Read next
Sources & provenance
Facts verified
- 1.Help from your council if you're homeless or at risk of homelessness OfficialUK GovernmentUsed for: The postcode route to the correct authority, and the groups exempt from local connection requirements including care leavers under 25, domestic abuse survivors and armed forces personnel
- 2.Housing Act 1996, section 188 — interim duty to accommodate Legislationlegislation.gov.ukUsed for: The wording of the interim duty, the 'reason to believe' and 'may be' threshold, subsection (2) on referral, and subsection (3) on accommodating pending review
- 3.Housing Act 1996, Part VII — homelessness Legislationlegislation.gov.ukUsed for: The statutory framework: the definition of homelessness in s175, priority need in s189, assessment and personalised plans in s189A, and the main housing duty in s193
- 4.Housing Act 1996, section 189B — initial duty owed to all eligible homeless persons Legislationlegislation.gov.ukUsed for: The relief duty, the reasonable steps to help secure accommodation available for at least six months, and the 56-day period
- 5.Housing Act 1996, section 202 — right to request a review Legislationlegislation.gov.ukUsed for: Which decisions carry a statutory review right, the 21-day deadline and the authority's power to extend it in writing, and that there is no review of a review
- 6.Housing Act 1996, section 204 — appeal to the county court Legislationlegislation.gov.ukUsed for: The point-of-law appeal, the 21-day limit and extension for good reason, the court's power to confirm, quash or vary, and accommodation pending appeal under s204(4)
- 7.Homelessness Reduction Act 2017 Legislationlegislation.gov.ukUsed for: The prevention and relief duties, the duty to assess and agree a personalised plan, the consequences of deliberate and unreasonable refusal to cooperate, and the public authority duty to refer
- 8.Code of guidance, chapter 8: priority need OfficialMinistry of Housing, Communities and Local GovernmentUsed for: The priority need categories, the 'significantly more vulnerable than an ordinary person' test, the requirement to verify third-party support, and the prohibition on blanket policies
- 9.Code of guidance, chapter 9: intentional homelessness OfficialMinistry of Housing, Communities and Local GovernmentUsed for: The three-limb test, that a good-faith act in ignorance of a relevant fact is not deliberate, and that arrears from hardship, benefit delays, illness or economic abuse should not be treated as intentional
- 10.Code of guidance, chapter 13: relief duty OfficialMinistry of Housing, Communities and Local GovernmentUsed for: The reasonable-steps duty, the personalised housing plan, and the rule that help must not be limited by assumptions about longer-term duties
- 11.Code of guidance, chapter 15: accommodation duties and powers OfficialMinistry of Housing, Communities and Local GovernmentUsed for: The four interim accommodation circumstances, the low threshold at paragraphs 15.4 to 15.6, ending interim accommodation by reasonable notice, and the power to accommodate pending review
- 12.Code of guidance, chapter 17: suitability of accommodation OfficialMinistry of Housing, Communities and Local GovernmentUsed for: Category 1 hazards, cot space for children under two, the six-week B&B limit for families and its prohibition for 16 and 17 year olds, and the constraints on out-of-district placements
- 13.Code of guidance, chapter 18: applications, decisions and notifications OfficialMinistry of Housing, Communities and Local GovernmentUsed for: That no prescribed form is required and applications may be oral or made by a third party, the 24-hour emergency cover requirement, and written notification of decisions with reasons in plain language
- 14.Code of guidance, chapter 19: review of decisions and appeals to the county court OfficialMinistry of Housing, Communities and Local GovernmentUsed for: The eight-week, three-week and twelve-week review timescales, the minded-to letter procedure, and accommodation pending review and appeal
- 15.Housing (Scotland) Act 1987, Part II — homeless persons Legislationlegislation.gov.ukUsed for: Section 29's interim duty on a reason to believe an applicant may be homeless, its application regardless of local connection, section 31 duties and section 32B housing support assessments
- 16.Homelessness — Scottish Government policy OfficialScottish GovernmentUsed for: The 2012 abolition of priority need, the 2020 extension of the seven-day unsuitable accommodation limit to all homeless households, and the shift to rapid rehousing by default
- 17.Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 Legislationlegislation.gov.ukUsed for: The instrument setting standards for unsuitable and temporary accommodation in Scotland, later amended to extend its protection to all homeless households
- 18.Homelessness — mygov.scot OfficialScottish GovernmentUsed for: That every Scottish council has a legal duty to help and must provide temporary accommodation, and the advice routes including Shelter Scotland, Simon Community Scotland's 24-hour helpline and Citizens Advice Scotland
- 19.Housing (Wales) Act 2014, Part 2 — homelessness Legislationlegislation.gov.ukUsed for: Section 60 advice, section 62 assessment, section 63 notification and review, the section 66 prevention duty, the section 68 interim accommodation duty, section 70 priority need and the section 73 and 75 duties
- 20.Homelessness advice — Shelter Cymru OfficialShelter CymruUsed for: That Welsh councils have legal duties to help people who are homeless or in danger of losing their home, and the emergency, rough sleeping and social services advice routes for Wales
- 21.Homelessness — nidirect OfficialnidirectUsed for: That the Housing Executive handles homelessness in Northern Ireland, must give free advice to everyone, and that legal homelessness includes unsafe accommodation, unfit conditions and being locked out
- 22.Emergency help for homelessness OfficialHousing RightsUsed for: The Housing Executive's numbers of 0344 8920 900 and 0344 8920 908 out of hours, hostel and single-let temporary accommodation, and the Belfast emergency bed services and foyers
- 23.Emergency housing from the council OfficialShelterUsed for: Who the council must house, what emergency accommodation is in practice, and the advice not to refuse it because nothing else may be offered
- 24.Shelter's free helpline OfficialShelterUsed for: The 0808 800 4444 number, its Monday to Friday 8am to 5pm hours, that it covers England only, and that Shelter gives advice rather than accommodation
- 25.Get help — Crisis OfficialCrisisUsed for: The nine Skylight locations, the general enquiries number, and the emergency signposting to StreetLink, Shelter's helpline and Centrepoint for 16 to 25 year olds
Not a source — AI-assisted analysis on this page
- AI-assisted analysis — why naming section 188 changes the outcome — The judgement that most refusals happen at the front desk on grounds section 188 has already answered, and that an applicant who names the duty and states the three limbs of the test is more likely to be accommodated the same night, is our reasoning from the statutory threshold and the Code of Guidance. Neither the Housing Act 1996 nor the Code says anything about how applicants should present themselves or draws this conclusion.
- AI-assisted analysis — written decisions as the dividing line — The assessment that the decisive divide in homelessness casework is between decisions that were notified in writing and those delivered verbally, and that asking for a written decision with reasons at the first sign of refusal outperforms arguing the merits, is our analysis. The Code of Guidance requires written notification with reasons and sections 202 and 204 attach review and appeal rights to notified decisions, but the characterisation of verbal gatekeeping as the mechanism that strips applicants of those rights is not stated in the cited documents.
The interim accommodation duty, its threshold, the relief duty, review deadlines and the county court appeal are taken from sections 188, 189B, 202 and 204 of the Housing Act 1996, Part VII of that Act and the Homelessness Reduction Act 2017 on legislation.gov.uk. Priority need, intentionality, suitability, B&B limits, out-of-hours cover and written notification come from the named chapters of MHCLG's Homelessness Code of Guidance. Scotland is sourced to the Housing (Scotland) Act 1987, gov.scot and mygov.scot; Wales to Part 2 of the Housing (Wales) Act 2014 and Shelter Cymru; Northern Ireland to nidirect and Housing Rights. Two passages are marked as AI-assisted analysis. Helpline numbers, opening hours, out-of-hours arrangements and local policies change — confirm them with the body concerned before relying on them. This is general information, not legal advice.
Facts on this page are taken from the sources listed above — UK government departments, devolved administrations, regulators, statutory bodies and official statistical releases. Comparisons, judgements and "which option suits whom" conclusions are AI-assisted analysis written over those sources; they are marked in the text and listed as an AI-analysis entry in the sources, not attributed to any authority. Rates, thresholds, fees and processing times change, usually at the start of a tax year in April; figures are current as at the review date shown and should be confirmed with the responsible body before you rely on them. Much of what follows differs between England, Scotland, Wales and Northern Ireland — where it does, this site says so.