Homelessness and Children: Your Rights as a Renter in England

Facing the threat of homelessness is especially worrying if you have children. In England, there are important laws that protect families from becoming homeless and ensure councils must take action to help. This guide explains your legal rights, the support you can expect, and how to get the help you need as a renter with kids in England.

Understanding Family Homelessness: Legal Protections in England

If you are at risk of losing your home and have dependent children, you are entitled to special legal protections and assistance from your local council. English law considers families with children as ‘priority need’, meaning you should be given emergency housing and practical support if you become homeless. These rules fall under the Housing Act 1996 and the Homelessness Reduction Act 2017.¹

What Counts as “Homeless” with Children?

You may be considered homeless by your council if:

• You have received an eviction notice (such as a section 21 notice)
• Your home is not suitable, for example due to overcrowding or health risks
• You must leave due to domestic abuse or harassment

The council cannot allow families with children to be left street homeless. They have a duty to provide temporary accommodation while they assess your case.

Council Responsibilities: What Help Must Be Offered?

If you are threatened with homelessness within 56 days, your local council’s housing department must:

• Assess your situation
• Draw up a Personal Housing Plan with you
• Help you keep your existing home where possible
• If unavoidable, provide temporary accommodation for you and your children

This applies even if you have outstanding rent arrears or other issues, though there may be extra considerations to discuss.

Key Forms and Steps for Families Facing Homelessness

Below are official forms and actions you might use if you’re a renter facing homelessness with children. Understanding these steps can help you get the right support quickly.

• Homeless Application - No official single-numbered form
  You usually start by contacting your local council and asking to make a homelessness application. A housing officer will fill in the forms with you or direct you to their online portal. State that you have dependent children for priority need assessment.
• Section 21 Notice (Form 6A)
  This notice is used by landlords in England to end an Assured Shorthold Tenancy. If you receive this, keep a copy. The official template is available on the UK government website.
  • Form 6A: Notice seeking possession
  Keep all eviction documents and bring them to your council appointment to prove your risk of homelessness.
• Review Request of Homelessness Decision
  If the council turns down your application for help, you can formally request a review using their procedures, within 21 days. Details will be provided by the council and are explained at Homelessness help from the council.

Example:

If you receive a section 21 notice stating you must leave in two months and you have a child living with you, contact your council as soon as possible, submit your notice, and ask for a homelessness assessment. The council will put your family in temporary accommodation if you cannot stay in your current home.

Your Right to Appeal and Tribunal Resources

If you disagree with a council decision (such as a refusal of help), you can:

• Request a formal review of the decision
• If still unhappy, appeal to your local county court

For general tenancy disputes and housing matters in England, the First-tier Tribunal (Property Chamber – Residential Property) handles certain appeals or issues.²

What Happens to Families Receiving Section 21 or Eviction Notice?

Families cannot legally be left with nowhere to go. If the eviction progresses and you have not secured alternative accommodation, your council must offer you and your children temporary housing (such as a hostel, B&B, or emergency flat) while seeking a longer-term solution.

Do not leave your home until the council has confirmed emergency accommodation or your landlord has secured a bailiff's eviction—leaving too early can affect your support.

FAQ

1. Can the council refuse to help if I have children?
   No, if you are eligible and have dependent children, the council has a legal duty to help you. There are rare exceptions related to immigration status or “intentionally” making yourself homeless, but in most cases, help must be provided.
2. What happens if I refuse council accommodation?
   If you turn down suitable temporary accommodation, the council may discharge its duty to house you. Always discuss any problems with the property before refusing.
3. Do I have to be evicted before getting help?
   No, you can seek help as soon as you get an eviction notice. It’s best to contact the council as early as possible.
4. Can I get help if I’m in rent arrears?
   Yes, being in arrears does not prevent you from seeking homelessness support if you have children, though it may affect some longer-term options.
5. Will the council help if I’m fleeing domestic abuse?
   Yes, councils provide immediate help and emergency accommodation for families fleeing abuse, regardless of housing history.

Conclusion: Key Takeaways for Renters with Children

• If you’re a renter with children at risk of homelessness in England, your council must assist you by law.
• Contact your local council as soon as you receive a notice or become aware of eviction risk.
• Do not leave your home prematurely—seek urgent advice and support instead.

Knowing your rights and the steps to take can ensure your family gets the help and housing it needs during a difficult time.

Need Help? Resources for Renters

• Homelessness help from your local council (GOV.UK)
• Shelter England: Homelessness Advice
• Shelter England Helpline (0808 800 4444)
• Department for Levelling Up, Housing & Communities

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1. Housing Act 1996 and Homelessness Reduction Act 2017
2. First-tier Tribunal (Property Chamber – Residential Property)

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