Eviction Rules for Renters in Emergency Housing (England)

If you’re living in emergency housing in England, you may wonder if and how you could be evicted. Emergency housing is typically provided by your local council if you’re homeless or at risk, and the processes that apply can feel complicated or stressful. This guide covers when and why you might be asked to leave emergency accommodation, your rights, and your options if this happens.

What Is Emergency Housing?

Emergency housing is temporary accommodation arranged by your local council if you are homeless or have nowhere safe to stay. This includes hostels, hotels, or other council-arranged accommodation. The main legislation governing emergency housing in England is the Housing Act 1996^[1].

• Provided after you apply as homeless to your council
• Usually short-term, while your longer-term housing situation is assessed
• Your rights differ from those in other types of tenancy (such as assured shorthold tenancies)

Can You Be Evicted from Emergency Housing?

Generally, yes—accommodation can be ended by your council in certain circumstances. However, strict rules apply, and your local council must follow proper procedures.

When Might Emergency Housing End?

• You are found not eligible for further support under homeless law (for example, the council decides you are not in priority need)
• You breach the accommodation agreement—such as causing serious disturbance, damaging property, or engaging in behaviour that risks others’ safety
• Your long-term accommodation is ready, or you have alternative suitable housing

What Procedure Must the Council Follow?

Usually, councils must give you reasonable notice in writing before asking you to leave emergency housing. This is known as a 'notice to quit'. The amount of notice can depend on circumstances, but it’s often at least 24–48 hours unless urgent action is required (for example, serious danger).

If you receive such a notice, you do not have to leave immediately in most situations. Councils must follow proper steps, and you can challenge their decision if you feel it is unfair or unlawful. If you have children or are vulnerable, seek urgent advice before leaving.

Relevant Official Forms and Tribunals

• Homelessness Application (to Council)
  When used: Used to start the process for emergency accommodation. If you are evicted or threatened with eviction from emergency housing, you may need to reapply or update your application.
• Homelessness Review Application Form (No specific number):
  When used: If your council decides you are no longer entitled to emergency housing, you can request a formal review of their decision within 21 days. Use this form to challenge decisions that affect your temporary accommodation.

The main public body handling housing complaints and appeals in England is the Housing Ombudsman Service for social or council housing. For homelessness decisions, your council is legally required to have review procedures as outlined in the Housing Act 1996^[1].

Your Rights and Next Steps

• If you feel the council is ending your accommodation unfairly, request a review in writing
• Contact housing advice services or legal support before leaving
• If you become street homeless, tell your council immediately—they have duties to make further assessments

In some situations, you may be able to make a complaint to the Housing Ombudsman Service if you feel council procedures were not followed correctly.

Frequently Asked Questions

1. Can the council ask me to leave emergency housing with no notice?
   Usually no; the council must give reasonable notice in writing. Only in very severe emergencies (e.g. immediate danger) might notice be very short or waived.
2. What can I do if I think the decision to evict me was wrong?
   You have a right to request a formal review of the council’s decision, normally within 21 days. Use the homelessness review process and seek advice if unsure.
3. Does being evicted from emergency housing make me 'intentionally homeless'?
   It depends on the reason. If you broke rules deliberately, your council could find you intentionally homeless, but each case is assessed individually.
4. Do I have to pay to challenge a council eviction from emergency housing?
   No, you can request a review of the council’s decision for free. If you need help, organisations like Shelter or Citizens Advice can assist at no cost.
5. Will eviction from emergency accommodation affect my longer-term housing rights?
   It may do, especially if the council considers you intentionally homeless. Seek professional advice quickly to protect your rights and appeal if needed.

Conclusion: What Should You Remember?

• Eviction from emergency housing is possible but must follow rules—notice and review rights are protected by law
• If you receive notice, get advice quickly and use official review processes to challenge decisions
• Your council must follow the Housing Act 1996 and cannot end accommodation without proper procedure

Remember, urgent help is available—do not face eviction alone.

Need Help? Resources for Renters

• Apply to the council for homelessness help (official government guidance)
• Housing Ombudsman Service – England’s main housing dispute and complaints body
• Shelter – Free housing advice and emergency support (England)
• Citizens Advice – Get help if you’re facing homelessness or emergency eviction

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1. [1] Housing Act 1996 (legislation.gov.uk)

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