Living at risk of losing your home can be frightening. This guide explains how the homelessness prevention duty works in England, what councils should do, and what tenants can do to keep or find stable housing. It covers who may be eligible, what a prevention plan looks like, how to apply for help with your local housing options team, and practical steps like collecting evidence, applying for temporary support, and asking for a review. The language is plain and aimed at renters and tenants facing housing problems, so you can act quickly, meet deadlines and use the right forms when you need them.
What the prevention duty means
Councils in England must take reasonable steps to help someone at risk of homelessness to stay in or secure alternative accommodation. The duty includes assessing needs, agreeing a personalised prevention plan and giving practical help to prevent homelessness. Key statutory frameworks include the Housing Act 1988 [1] and Rent Act 1977 [2], while current operational guidance for prevention work is set out in GOV.UK guidance and the Homelessness Reduction Act materials [3].
What councils should do and what you should expect
When you approach your local council housing options team they should:
- Assess your situation and take a full housing history, including who lives with you and why you are at risk.
- Work with you to draw up a prevention plan with specific tasks, timescales and responsibilities.
- Take action within set deadlines to avoid your becoming homeless, including mediation with a landlord or help finding alternative housing.
What a prevention plan typically contains
- A clear description of the problem and what will be done to resolve it.
- Timelines and who will do each task, for example contacting a landlord within seven days.
- Any financial help that may be available, such as discretionary payments to clear short-term arrears.
Official forms and when to use them
There is no single national homelessness application form with a universal number; most councils use a local homelessness application form to start an official enquiry. If you need to begin the process, ask your housing options team for the council homelessness application form (no national form number). Practical example: if you have an eviction notice, submit the local form and provide the eviction notice, recent rent statements and ID so the council can open a prevention case. Guidance on the duties and how councils should run these processes is on GOV.UK: Homelessness Reduction Act guidance.[3]
Requesting a review and appeal options
If you disagree with a council decision you should first ask for a statutory review from the council. If that does not resolve the issue, there are limited further routes including applying to the county court or seeking legal advice about judicial review; for possession and tenancy disputes the First-tier Tribunal (Property Chamber) handles many residential possession issues and related matters, and can be contacted for information about tenancy disputes: First-tier Tribunal (Property Chamber).[4]
Action steps for tenants
- Contact your local council housing options team as soon as you know you might lose your home.
- Collect evidence: tenancy agreement, eviction or notice letters, rent records and any communication with your landlord.
- Complete and submit the council homelessness application form and agree a prevention plan where possible.
FAQ
- Who is eligible for homelessness prevention help?
- People who are homeless or threatened with homelessness within 56 days and who have a local connection or are eligible for assistance can be considered for prevention help; eligibility can vary so contact your local housing options team promptly.
- How long does the council have to act?
- Councils must act within statutory timescales set out in homelessness guidance; for prevention work they will agree deadlines in your prevention plan and aim to resolve the threat before you lose your home.
- Can a landlord still evict me while the prevention duty is in place?
- A landlord may follow legal eviction procedures, but the council's prevention or relief duty can include negotiating with the landlord or providing support to prevent repossession; always inform the council immediately.
How-To
- Contact your local housing options team by phone or in person and explain your situation clearly.
- Gather and submit documents requested by the council, such as ID, tenancy agreement, notices and proof of income.
- Work with the council to agree a prevention plan and follow the actions listed, such as negotiating with your landlord or applying for rent support.
- If the council refuses help or you disagree with a decision, ask for a review and seek advice about next steps including tribunal or court options.
Key Takeaways
- Councils must take practical steps to prevent homelessness once you apply for help.
- Act early, gather evidence and meet deadlines in your prevention plan.
- Use the council application form and request a review if you disagree with decisions.
Help and Support / Resources
- Homelessness Reduction Act guidance (GOV.UK)
- Housing Act 1988 (legislation.gov.uk)
- First-tier Tribunal (Property Chamber) (GOV.UK)
