Understanding the Housing Duty Assessment for Renters in England

Facing homelessness or eviction can be frightening, but in England, local councils are legally required to help tenants who may lose their homes. One critical step is the Housing Duty Assessment. If you find yourself at risk of homelessness, knowing how this assessment works—and your rights during the process—can make a real difference.

What Is a Housing Duty Assessment?

A Housing Duty Assessment is a review that your local council conducts if you approach them for homelessness help. It determines if the council has a legal duty to assist you, under the Housing Act 1996 and the Homelessness Reduction Act 2017¹.

After you apply, the council will decide if you:

• Are actually homeless or at risk of becoming homeless in the next 56 days
• Are eligible for help (based on your immigration status and local connection)
• Fall into a 'priority need' group (e.g., families with children, pregnant women, vulnerable people)
• Have become homeless intentionally or unintentionally

How the Housing Duty Assessment Process Works

Once you inform the council (often called ‘making a homelessness application’), they will invite you for an interview. You will need to provide information about your situation, including:

• Your current housing
• Your household members
• Any medical, financial, or support needs
• Details about why you're threatened with homelessness (such as an eviction notice)

After collecting this information, the council completes the assessment and sets out its decision in writing.

Key Official Forms for Homeless Support

• Homelessness Application (HCLIC): While there's no public paper form, councils record your application using the "Homelessness Case Level Information Collection" (HCLIC) process. You should request written confirmation of your application and keep copies of all communications.
  View government guidance on homelessness applications.
• Section 184 Decision Letter: After your assessment, the council must give you a decision in writing about your case (often called a "section 184 decision letter"). This letter states if you are owed a duty and what support you will receive. If you disagree, you have a right to request a review.
  More about challenging council decisions.
• Homelessness Review Request (s.202): If you disagree with the council's decision, you can formally ask for a review under Section 202 of the Housing Act 1996. You can do this in writing to the council within 21 days of receiving your section 184 letter.

For most people, you won't need to fill out a separate form—simply provide information to the council at their offices, by phone, or online. Always ask for a written summary of your case and decision.

What Happens After the Assessment?

The council will issue a written decision outlining what duty (if any) they owe you. This can include:

• Prevention Duty: If you’re threatened with homelessness, the council must help you keep your home or find new accommodation within 56 days.
• Relief Duty: If you are already homeless, the council must help you secure suitable accommodation for 56 days.
• Main Housing Duty: If you’re in priority need and unintentionally homeless, you may be offered temporary or longer-term accommodation.

If the decision is not in your favour, you have a legal right to request a formal review (see above for the s.202 review process). This must usually be done within 21 days.

Which Tribunal Handles Disputes?

If you disagree with the outcome of your review (s.202 decision), you may be able to appeal to the Administrative Court, which oversees housing law judicial reviews and appeals in England.

Citing Key Legislation

The Housing Duty Assessment process is governed by:

• Housing Act 1996
• Homelessness Reduction Act 2017
• Supporting homeless code of guidance: Code of Guidance for Local Authorities

Staying informed on these laws ensures you can advocate for yourself if needed.

FAQ: Housing Duty Assessment Explained

1. What evidence do I need for a Housing Duty Assessment?
   Bring proof of identity, your tenancy agreement, any eviction notices (like a Section 21 notice), payslips or benefit letters, and details about your household and medical needs.
2. How long does the Housing Duty Assessment take?
   The process can vary, but you should expect a decision within a few days to a few weeks. Emergency cases may receive quicker responses.
3. Can I receive temporary housing during the assessment?
   If you are in priority need and at immediate risk, the council may offer temporary accommodation while they assess your case.
4. What if my application is rejected?
   You have a right to a written decision and can request a review (s.202) within 21 days. Seek advice if you are unsure about challenging a decision.
5. Do I need to fill out an official form for homelessness help?
   Usually, you make your application in person, online, or by phone. The council records your details using the HCLIC process; ask for written confirmation.

Key Takeaways

• Your local council is required by law to assess your needs if you might become homeless in England.
• Provide as much information as possible during the assessment, and keep any letters or emails from the council.
• If you disagree with their decision, act quickly: you have the right to a review and further appeal if needed.

Understanding your rights and steps in the assessment process helps you get the support you deserve.

Need Help? Resources for Renters

• Homelessness Help from Council (GOV.UK) — official advice and application process
• Shelter England — free national housing helpline and advice
• Citizens Advice — independent help with homelessness and tenant rights
• Homelessness Code of Guidance for Councils (for in-depth legal guidance)

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1. Housing Act 1996 and Homelessness Reduction Act 2017

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