Can Renters Get Support After Leaving a Home Voluntarily in England?

Many renters in England feel pressured to leave their homes voluntarily—sometimes due to rising rent, disputes, or maintenance concerns. If you’re wondering whether you can still get help from your local council after deciding to leave, it’s crucial to understand how homelessness assistance works and where voluntary departure fits in. This guide explains your rights, eligibility for support, and the steps you can take if you have chosen to move out.

What Does Leaving Voluntarily Mean?

Leaving voluntarily means the tenant chooses to move out of their rental, rather than being forced out by a court bailiff following an eviction. This might include handing in your own notice, asking to end or surrender your tenancy, or simply walking away before formal proceedings occur.

Can You Get Help from the Council If You Leave Voluntarily?

In England, local councils have a duty to help people who are homeless or at risk of homelessness. However, the circumstances of how you became homeless can affect the help you receive. Councils may consider you ‘intentionally homeless’ if they decide you left your previous accommodation when you could have stayed.

• If you leave your home because of serious problems like violence, threats, or an emergency (for example, a fire or flood), you are not generally considered intentionally homeless.
• If you leave simply because of rent increases, disputes, or disrepair without following the correct process (such as waiting for a formal eviction), the council may deem you intentionally homeless, which can reduce the amount of help you receive.^[1]

The Homelessness Application Process

Local authorities have a legal duty to assess anyone who applies for help because they are homeless or threatened with homelessness within 56 days. You can start this process by contacting your local council housing department in England.

Relevant Official Forms and Steps

• Homelessness Application Form (varies by council):
  • When to use: As soon as you think you may lose your home, or after leaving voluntarily.
  • How it’s used: Submit your details (online, by phone, or in-person) so the council can start a homelessness assessment.
  • Apply for homelessness help from your council
• DSS1 Form (Homelessness Decision Notice):
  • When it’s used: Issued by the council after assessing your homelessness application.
  • How it’s used: You’ll receive this form outlining the council’s decision and what support, if any, will be offered.
  • Example: If your council decides you are intentionally homeless, this form will explain their reasoning and your appeal rights.
  • Homelessness decisions: understanding the council's notice

What Happens if You’re Found ‘Intentionally Homeless’?

If the council decides that you left a suitable home without good reason, they might judge you ‘intentionally homeless’. In this case:

• The council must still provide you with some advice and limited emergency accommodation for a short period.
• You can ask for a review of their decision using the official review process (see below).

Requesting a Review of the Council’s Decision

• Review Request Form (Homelessness Decisions):
  • When to use: If you believe the council’s decision about being intentionally homeless is wrong.
  • How it’s used: Submit your request within 21 days of receiving the DSS1 form. State why you disagree and provide supporting information.
  • Challenge the council's homelessness decision

If still unsatisfied, you can appeal to the County Court within 21 days of the council's review decision.

Key Legislation and Your Rights

The main law governing homeless support is the Housing Act 1996 (as amended). This sets out council duties, tenant rights, and definitions for homelessness and intentionality.^[2] For renting disputes or deposit protection cases, the First-tier Tribunal (Property Chamber) handles applications in England.

Action Steps for Renters Consider Leaving

• Try to stay in your home until your landlord has a court order for possession (official eviction notice), unless you’re at risk of harm.
• If you need to leave because of emergency, keep records (emails, police reports, letters).
• Before leaving, contact your council to ask for advice and start the homelessness process if necessary.
• If the council refuses help or labels you intentionally homeless, request a review as soon as possible.

If in doubt, always seek tailored advice from your local housing team or a registered housing advice charity. Taking the right steps before leaving helps protect your rights and future housing options.

FAQ: Voluntary Departure and Homelessness Support

1. Can I get emergency housing if I leave by choice?
   If you have children, a disability, or another priority need, the council might provide temporary accommodation even if you left by choice. However, you may be considered ‘intentionally homeless’, impacting your long-term rehousing rights.
2. Will my local council always help if I become homeless?
   Councils have a legal duty to assess and give advice to anyone who is homeless or at risk. The help you receive depends on your circumstances, including why you left your last home.
3. What if I left because of safety concerns?
   If you left due to violence, abuse, or a serious threat, you’re unlikely to be found intentionally homeless. Always keep documentation if this applies to you.
4. Can I appeal if my homelessness support is refused?
   Yes. You have the right to request a review of most council decisions regarding homelessness. If the review is unsuccessful, a further appeal can be made to the County Court.
5. Should I leave before my landlord takes me to court?
   It is usually better to wait for a formal notice or court order unless you’re at immediate risk. Leaving early can make it harder to get future council help with housing.

Key Things to Remember

• Leaving a home voluntarily can affect the help you get, but support is still possible in emergencies or with the right preparation.
• Whenever possible, seek advice before leaving and document your situation.
• If refused help, always use your right to request a review or appeal.

Staying informed and taking the right steps ensures the best chance of finding suitable accommodation, even if you’ve made the difficult decision to leave by choice.

Need Help? Resources for Renters

• Homelessness help from your council (GOV.UK): Official guidance and application links
• Citizens Advice – Applying for homeless help: Practical steps and templates
• Shelter England – Housing Advice: Expert support for renters, including emergency helplines
• First-tier Tribunal (Property Chamber): For rental deposit, rent increase, and other disputes

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1. See When your council must help you (GOV.UK)
2. Housing Act 1996 (latest version)

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