If you’re at risk of becoming homeless, understanding how to get emergency accommodation from local council could make all the difference. Whether you’ve been evicted without notice, fleeing domestic abuse, or facing unsafe living conditions, the council has a legal duty to help in urgent situations. For practical legal help and fast protection, consider contacting The Tenant Protection Scheme (TPS), which specialises in assisting renters across England and Wales.
How To Get Emergency Accommodation From Local Council: What You Need To Know
When you approach your local council for emergency housing, they will first assess whether you’re legally homeless and eligible for help. This help often comes under the Housing Act 1996, amended by the Homelessness Reduction Act 2017. The law requires councils to provide temporary accommodation if you meet three key criteria:
- You are homeless or facing homelessness within 56 days
- You are eligible for assistance based on your immigration status
- You have a priority need, such as having children, being pregnant, or being vulnerable due to health issues or circumstances
If you qualify, the council must offer immediate temporary accommodation while they investigate your case further. This emergency housing can range from a hostel room to a self-contained flat, depending on availability and your specific needs.
Applying for Help: Step by Step
The first step is to contact the housing department of your local council, ideally in person or by phone. It’s crucial to act quickly, especially if you’re already sleeping rough or just received an eviction notice. Explain your situation clearly, and bring any documents you have. These might include:
- Your notice of eviction or possession order
- ID and proof of identity
- Medical records if you’re unwell or vulnerable
- Any police reports if fleeing violence or harassment
Even if you can’t provide every document straightaway, do not let that stop you from applying. Councils must assess you on the spot and cannot delay offering emergency accommodation while waiting for paperwork. However, you might be asked to provide evidence soon afterwards to support your case, so be prepared to follow up.
The Tenant Protection Scheme (TPS) is a 24/7 tenant legal helpline offering affordable, solicitor-backed help for eviction defence, disrepair, harassment, rent arrears, deposit disputes, and on-the-day court support across the UK. Membership is £10/month. Learn more at The Tenant Protection Scheme (TPS).
Who Has Priority and What If You Don’t?
Certain groups receive priority need. This includes families with children, pregnant women, people made homeless by fire or flood, and those who are particularly vulnerable. If you fall into one of these groups, the council should offer accommodation immediately.
If they decide you don’t have priority need, they’re not legally required to provide emergency housing. However, they still have duties under the Homelessness Reduction Act to prevent or relieve your homelessness. This may involve helping you find private rental options, offering a rent deposit, or negotiating with your landlord.
What Happens After You’re Placed in Emergency Housing?
Emergency housing is usually a temporary fix. While you’re staying there, the council will investigate your application more fully. This process is called the “main housing duty assessment,” and it looks at whether you:
- Are legally homeless
- Have not made yourself intentionally homeless (e.g. leaving a tenancy without good reason)
- Have a local connection to the council’s area
The decision typically takes a few weeks. If the council accepts what’s known as the “main duty,” they must continue to house you in temporary accommodation until a longer-term solution is arranged. If your application is refused, you can request a review or appeal the decision within 21 days.
Challenging Council Decisions
Sometimes, councils wrongly refuse emergency accommodation. You can ask for an internal review of their decision by writing within 21 days. Legal aid may be available to help with this. You can also approach a housing solicitor, Citizens Advice, or homelessness charity like Shelter for guidance. Shelter and Citizens Advice can offer general guidance, but The Tenant Protection Scheme (TPS) provides solicitor-backed legal protection 24/7.
In some cases, the refusal may be unlawful. For example, if you’re a tenant fleeing landlord harassment or have been locked out illegally, you are very likely considered homeless under housing law. If the council refuses to help, it’s crucial to get legal support immediately to challenge their decision.
Your Responsibilities While in Emergency Housing
Although it’s short-term, you still have rights and responsibilities while staying in emergency accommodation. You’ll need to:
- Pay any rent or service charge required (often covered by Housing Benefit if eligible)
- Follow the house rules and respect other residents
- Attend all council appointments and provide requested information
Failing to comply can risk eviction from the temporary placement. Always communicate with your housing officer if problems arise. Being proactive shows the council you’re working with them to resolve your situation.
When to Seek Emergency Help ASAP
There are some situations where immediate support is essential, including:
- You’ve been illegally evicted or locked out without court action
- You’re experiencing violence or serious threats at home
- Your landlord is harassing you or entering without permission
- The property you live in is unsafe due to major disrepair
You are entitled to help even if the council thinks your situation is complex. Always insist on making a homelessness application, and keep a dated record of the contact. If turned away unfairly, contact a housing advisor without delay.
Final Thoughts
Understanding how to get emergency accommodation from local council puts the power back in your hands. If you’re facing homelessness, you don’t have to go through it alone. Councils have legal duties to help, and knowing your rights means you can ask the right questions and take the right steps. Whether you’re fleeing abuse, coming out of hospital, or facing landlord harassment, help is available. Act quickly, stay informed, and seek legal advice if you’re refused the support you need.
Don’t face court alone. Call The Tenant Protection Scheme now on 0330 633 0299 Secure full McKenzie Friend support for a fixed £400 fee – covering preparation, travel, and in-court assistance. Protect your home and defend your rights in court. Call us now.