Getting Back Into Housing After Eviction in England
Facing eviction and homelessness in England can feel overwhelming. But there are practical steps, legal protections, and official support services available to help you get back into stable accommodation. This article explains your key rights and options after an eviction, including where to find support, which official forms to use, and how the law can protect you during this challenging transition.
Understanding Your Legal Rights After Eviction
After an eviction, it’s important to know that you may still have legal rights and access to support. Your rights depend on your tenancy type, how the eviction was carried out, and your individual circumstances. Evictions must follow correct procedures set out in the Housing Act 1988 and other regulations1.
Which Authority Oversees Evictions?
In England, disputes and possession claims are ultimately handled by the Residential Property Tribunal and county courts. Local councils are your first point of contact for homelessness support.
Immediate Steps to Take After an Eviction
- Contact your local council’s housing department as soon as you know you’re at risk or have been evicted. By law, councils must help people threatened with or experiencing homelessness.
- Gather important documents, such as your eviction notice, tenancy agreement, recent correspondence, and proof of income.
- Ask for written reasons if you do not understand why you have been evicted, especially if you think the process was unfair.
Official Forms You May Need
- Application for Homelessness Assistance (no official form number) – Submit this directly to your local council housing team, in person or online. Example: If you have nowhere to stay after an eviction, you can apply for help via your local council’s website or housing office.
- N244: Application Notice – If you believe your eviction was unlawful, or have an urgent need to delay the possession order, use the N244 form to apply to court for extra time, stop the eviction, or suspend a warrant.
You do not usually need a form to register as homeless, but furnish supporting information to the council. If you need to challenge an eviction in court, the N244 is required.
Your Rights to Council Homelessness Support
Councils have a legal duty to help if you are homeless or at risk. Even if eviction has happened, local authorities must assess your situation and provide emergency assistance if you meet the criteria under the Housing Act 1996, Part VII2.
- They must assess your needs and give you a written "personal housing plan".
- If eligible, you may be provided with emergency or temporary accommodation.
- You have the right to request a review of the council’s decision if they refuse to help (review request form guidance).
Finding and Applying for New Housing
Looking for new accommodation after eviction can take time, but there are several avenues to explore:
- Ask your council about private rented sector schemes or help with deposits, as some councils offer rent guarantor or bond schemes.
- Access local housing association waiting lists for social housing, though waiting times may be long.
- Search reputable property portals and local listings; consider expanding your search area if possible.
- Ensure you have references and supporting documents ready, such as past landlord references and proof of income.
How Councils Assess Who They Must Rehouse
Your eligibility for emergency or longer-term housing depends on factors such as:
- Your immigration status and if you have a "priority need" (families, disabled, vulnerable due to age or health often qualify)
- Whether you became homeless intentionally or not
- If you have any local connections (work, family) to the area
If you disagree with the council’s decision, you can request a review within 21 days (request review).
What If You Are Not Eligible For Council Housing?
If you do not qualify for council accommodation, seek advice from local charities, the Citizens Advice service, or tenant support organisations. Sometimes, councils can still help with deposit loans or referrals to other agencies.
Maintaining Your Tenancy and Preventing Future Evictions
Once you are in new accommodation, understand the terms of your tenancy and make use of resources like free housing advice or mediation to prevent future disputes. Consider budgeting, seeking debt advice, or accessing benefits you’re entitled to (such as Universal Credit).
FAQ: Getting Rehoused After Eviction in England
- Can the council refuse to help me after eviction?
If you are not eligible (due to immigration status, intentionally homeless, or not in priority need), councils may limit their help. However, you can request a review of their decision or seek advice on next steps. - How quickly can I get emergency housing?
If you are deemed homeless and in priority need, councils should provide emergency accommodation immediately. Processing times vary, but you have a right to a prompt assessment. - What official forms do I need to apply for homelessness help?
Most councils do not require a specific form – you apply directly to the housing office (in person or online), but you may need to fill out their standard application. Supporting forms like the N244 are for court cases. - Can I challenge an eviction notice in England?
Yes. If you receive a court eviction notice, you can use Form N244 to ask the court to stop or delay your eviction or set aside a possession order. - If I’m staying with friends after eviction, am I still classed as homeless?
Yes. If you do not have a legal right to stay where you are or your housing situation is not reasonable to remain in, you may still be considered homeless and can seek help.
Key Takeaways
- Contact your council and apply for homelessness assistance immediately if evicted – they have a legal duty to help.
- Know your rights; use forms like N244 only if challenging the eviction in court.
- Explore council, charity, and private renting options, and seek independent advice as soon as possible.
Need Help? Resources for Renters
- Contact your local council’s housing department for immediate homelessness help.
- Citizens Advice: Help from the council if you’re homeless
- Official government guide: Homelessness help from the council
- Universal Credit: If you’re homeless
- Residential Property Tribunal – Legal body for tenancy disputes
- Housing Act 1988 (England): Governs assured shorthold tenancies and eviction rules.
- Housing Act 1996, Part VII: Legal duty of local authorities to assist homeless people.
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