Rehousing for Safety Reasons: Your Rights in England

Worrying about your safety at home is extremely difficult, especially if you are renting. In England, you may be able to get priority for rehousing if you’re at risk due to domestic abuse, harassment, or other serious safety concerns. This guide explains your rights as a renter, how to apply for rehousing, and what support is available, using the most up-to-date information from official sources.

When Can You Get Rehousing for Safety Reasons?

Local councils in England are legally responsible for helping people who are homeless or at risk of becoming homeless due to safety concerns. If you are experiencing violence, abuse, threats, or harassment in or near your current home, you may qualify for urgent help with rehousing under the Housing Act 1996¹.

• Domestic abuse (from a partner, ex-partner, or family member)
• Harassment or hate crime (including on grounds of race, religion, disability, or sexuality)
• Violent or anti-social behaviour by others nearby
• Other threats making your home unsafe

The council must assess your situation. You do not need to be physically homeless—if it is not safe to stay at home, you may be classed as ‘threatened with homelessness’.

How to Apply for Priority Rehousing

Your first action should be to contact your local council’s housing department. You can do this in person, by phone, or using their online forms. Councils are required to consider all the circumstances, including mental health, disability, and any risk of harm.

Official Homelessness Application Process

Most councils will require you to fill out a Homelessness Application. There is no single national form, but all councils follow the process outlined in the Housing Act 1996. You should visit your local council’s website for their specific online or printable forms. For example, you can find guidance at Gov.uk: Get help with homelessness from your council.

• When to Use: If you are currently unsafe or expect to become homeless due to safety concerns.
• How It's Used: You describe your situation, explain why you can't remain in your home, and provide evidence if possible (such as police reports, letters from support services, or medical professionals).

Once you’ve applied, the council must investigate and provide a written decision. If eligible, you may be offered emergency housing or added to the housing waiting list with priority (known as ‘reasonable preference’).

Proving Your Need for Rehousing

The council will ask for evidence, but they cannot refuse to help just because you lack official documents. Helpful evidence includes:

• Police reports or crime reference numbers
• Letters from GPs, social workers, or support agencies
• Statements from shelters or charities

Your Rights: Legislation and Disability Protections

Councils must follow rules set out in the Housing Act 1996 and amendments under the Homelessness Reduction Act 2017². If you are disabled, have mental health difficulties, or are otherwise vulnerable, councils must take special care—this is supported under the Equality Act 2010.

• The local council cannot lawfully discriminate based on disability, gender, race, sexuality, or mental health.
• You are entitled to reasonable adjustments throughout the application process.

Which Tribunal Handles Housing Disputes in England?

Most housing disputes, including appeals against council decisions about rehousing or homelessness help, are handled by the First-tier Tribunal (Property Chamber – Residential Property) if you need to challenge a decision.

What If the Council Refuses to Help?

You can ask the council to review their decision (known as a Section 202 Review). This must be done in writing, usually within 21 days of the council’s letter. If you disagree with the review outcome, you can appeal to the County Court.

• Section 202 Review Request: Ask in writing for a review of the council's homelessness decision. Templates and guidance on how to do this can be found at Gov.uk: Request a review of a homelessness decision.

You may also contact organisations such as Shelter or Citizen’s Advice for support with this process.

FAQ: Rehousing for Safety Reasons in England

1. What qualifies as safety concerns for emergency rehousing in England?
   Any situation that makes it unsafe to stay in your home, such as domestic abuse, harassment, hate crime, or violent threats, could qualify for priority rehousing under official council procedures.
2. Can I get emergency accommodation while my application is processed?
   If the council believes you may be eligible, they must offer you emergency housing while they investigate, especially if you or your household include children or vulnerable adults.
3. What if I have a disability or mental health condition?
   Under the Equality Act 2010, councils must give extra consideration and cannot discriminate. You are entitled to reasonable adjustments and your vulnerability will be assessed as part of your application.
4. How do I appeal if the council refuses to help?
   You can ask for a Section 202 Review of the council’s decision (within 21 days) in writing, and if still unsatisfied, appeal to the County Court. Get support from a legal adviser or advocacy group if needed.
5. Is there a specific official form for homelessness applications in England?
   There’s no national form, but every local council offers a homelessness application procedure online or in person. Start by using the official government advice on applying for homelessness help.

Conclusion: Key Takeaways

• If you are unsafe in your home in England, you can apply to your local council for priority rehousing due to safety reasons.
• Councils must consider your application, especially if you are disabled, have mental health difficulties, or are otherwise vulnerable.
• If refused, you have the right to a formal review and further appeal.

Act quickly and seek support—official channels and advocacy services are there to help protect your safety and rights as a renter.

Need Help? Resources for Renters

• Get help with homelessness from your council (Gov.uk)
• Find your local council and contact their housing department via the Gov.uk council finder
• Citizens Advice – Applying for homeless help
• Shelter England – Homelessness advice
• Equality Advisory Support Service for advice on discrimination or disability rights
• First-tier Tribunal (Property Chamber – Residential Property)

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1. Housing Act 1996
2. Homelessness Reduction Act 2017
3. Equality Act 2010

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