Will the Council Rehouse Me If I Get Evicted? UK Rules, Priority Need, and What to Do Next
If you’re searching, “Will the council rehouse me if I get evicted?” You’re usually asking two separate questions:
- Will the council have a legal duty to help me (and help me find somewhere)?
- Will I actually be offered accommodation (temporary or longer-term)?
Will the council rehouse me if I get evicted in the UK?
In the UK, the council or housing authority will take a homelessness application and must assess what duties they owe you, but being rehoused depends on key legal tests like priority need and intentional homelessness. The exact rules and process vary slightly across the UK nations.
What’s the short answer if you’re about to be evicted?
If you’re about to be evicted, the council should assess you for homelessness help, and you don’t always have to wait until you’re physically out to approach them.
But whether you’ll be rehoused, especially into temporary accommodation or a longer-term option, depends mainly on eligibility, priority need, and whether you’re found intentionally homeless.
Can the council help even if you’re not homeless yet?
Yes. In England, councils must work with you if you’re threatened with homelessness within 56 days, often described as “within 8 weeks”.
You can usually make a homelessness application as soon as you get a valid Section 21 notice, and the council should try to stop you becoming homeless if it ends in under 8 weeks.
Does help always mean you’ll be rehoused?
Not always. Councils can owe you:
- Prevention/relief work (help to keep your home or find somewhere else), and/or
- A duty to secure accommodation (often via temporary accommodation first, then potentially a longer-term offer).
In England, interim/temporary accommodation can be triggered if the council has reason to believe you may be homeless, eligible and in priority need.
What tests decide whether you’ll be rehoused?
Here’s the simplest way to think about it (England framework; NI is very similar, Scotland differs in important ways):
| Decision test | What the council is checking | Why it matters for rehousing |
|---|---|---|
| Are you homeless / threatened with homelessness? | Eviction timeline, whether you have anywhere reasonable to stay | Opens the door to prevention/relief duties |
| Are you eligible? | Immigration/residence conditions (varies) | If not eligible, duties are limited |
| Are you in priority need? | Children, pregnancy, vulnerability, etc. | Strongly affects whether you can get the interim and main duties |
| Are you intentionally homeless? | Did you cause the homelessness by a deliberate act/omission? | A negative finding can block the main rehousing duty |
When should you contact the council?
Contact the council as soon as you’re at risk of losing your home, don’t wait until you’re on the street. In England, that’s typically when you’re within 56 days of homelessness (or earlier if you’re unsafe).
The earlier you apply, the more likely the council can use prevention steps, and if you are in priority need, they can consider temporary accommodation while they assess you.
Do you have to wait for bailiffs before the council helps?
You should contact the council as early as possible. In practice, some people are told to wait, but timing can be nuanced. Also, don’t leave before the date on your notice if you haven’t found somewhere else; leaving too early can create problems.
Here’s what you can do next (today):
- Contact your council’s Housing Options / Homelessness team and say you want to make a homelessness application.
- Ask what evidence they need and how they’ll record your Personal Housing Plan (England).
- If you have children, are pregnant, or are vulnerable, ask whether they have “reason to believe” you may be in priority need (this matters for interim accommodation).
How do prevention, relief, and the main housing duty actually work?
In England, these are the key stages (this is the backbone of most council decisions):
| Stage | When it applies | What the council should do | Typical timeframe |
|---|---|---|---|
| Prevention duty | Threatened with homelessness within 56 days | Work with you on steps to prevent homelessness | Up to 56 days (often) |
| Relief duty | You’re already homeless | Help you secure accommodation | Often up to 56 days |
| Interim accommodation | “Reason to believe” you may be homeless, eligible, priority need | Provide temporary accommodation while enquiries happen | While enquiries/duties apply |
| Main housing duty | If you qualify after enquiries | Council must secure suitable accommodation (may be a long process) | No fixed time |
Who is most likely to be rehoused?
You’re most likely to be rehoused if the council decides you’re eligible, homeless (or about to be), in priority need (for example, you have dependent children, you’re pregnant, or you’re vulnerable), and not intentionally homeless.
If you don’t meet priority need, you can still get help, but a long-term rehousing duty is less likely.
What counts as “priority need” in practice?
Priority need commonly includes households with dependent children, pregnancy, and some forms of vulnerability (for example serious health issues or risk).
The detailed definitions are legal, but the practical point is: priority need is a major gateway to temporary accommodation and rehousing duties.
What if you’re single with no children?
You can still get prevention/relief help, but being “rehoused” into longer-term council-secured accommodation is often harder without priority need. You may still get advice, assistance, and sometimes supported/temporary options depending on circumstances and local supply.
What is intentional homelessness and can it stop you being rehoused?
“Intentionally homeless” generally means being homeless because of something you did (a legal test), and you can get less help if the council decides it applies.
Common mistakes that increase the risk of an intentional decision:
- Leaving a tenancy too early when it was reasonable to stay (unless unsafe).
- Giving up accommodation without securing somewhere else.
- Not engaging with prevention steps (payment plans, negotiating, getting debt advice) when rent arrears are involved.
Does the type of eviction matter Section 21 vs Section 8?
Yes, the type of eviction can affect how the council assesses your case. A Section 21 (“no-fault”) eviction is often more straightforward because the focus is usually on whether the notice is valid and when you’ll lose your home.
A Section 8 eviction can involve alleged fault (like rent arrears or antisocial behaviour), so the council may look more closely at whether you could be treated as intentionally homeless. Either way, you can still approach the council for help as soon as you’re at risk of homelessness.
If you have a Section 21 notice, will the council help?
You can usually apply as soon as you get a Section 21 notice, and the council should try to stop you becoming homeless if the notice is valid and ends in under 8 weeks (and you meet eligibility conditions).
If it’s Section 8 (rent arrears/other grounds), will that change things?
It can, mainly because councils may look closely at whether the homelessness is “intentional” (especially where arrears were avoidable). But this isn’t automatic; evidence of hardship, benefit delays, illness, or attempts to resolve arrears can matter.
Will you get temporary or emergency accommodation?
You might get temporary or emergency accommodation if the council thinks you may be homeless (or about to be), eligible, and in priority need, for example, if you have children, you’re pregnant, or you’re vulnerable.
It’s often used as a short-term safety net while the council investigates your case and works out what duty they owe you, so provide your evidence early and be clear if you have nowhere safe to stay.
When must interim/temporary accommodation be considered?
In England, interim accommodation is generally considered where the council has reason to believe you may be homeless, eligible, and in priority need, while they make enquiries.
What if you’re in Scotland?
Scotland has a stronger expectation around temporary accommodation while your application is assessed, and until settled accommodation is found (if you’re unintentionally homeless).
What evidence should you take to the homelessness team?
Take anything that proves your eviction timeline (notice, court/bailiff papers) plus documents showing eligibility and priority need (ID, medical/DV evidence, children’s details). Also bring proof you tried to prevent homelessness (rent statements, payment plans, emails to your landlord, benefits letters).
| Evidence | Why it helps | Examples |
|---|---|---|
| Eviction paperwork | Proves timeline and risk | Notice, possession claim, court dates, bailiff warrant |
| Identity/eligibility docs | Establishes eligibility | Passport/BRP, proof of residence, NI number (as applicable) |
| Priority need/vulnerability | Supports interim accommodation | GP/consultant letter, prescription list, social worker, DV evidence |
| Not intentional evidence | Shows you tried to prevent homelessness | rent schedule, arrears plan, emails to landlord, benefits letters, debt advice notes |
What if the council says “we can’t help” or keeps telling you to wait?
Ask for their decision in writing and request the proper homelessness assessment, rather than accepting a verbal “we can’t help.” If you’re told to “wait,” get independent advice quickly and keep records of everything you’re told and when.
Can you ask for a written decision and challenge it?
Yes, you can ask for decisions in writing and request reviews (process varies by nation and the decision type). If you believe you’re being turned away incorrectly (“gatekeeping”), independent advice can help you push for the correct process.
How long does council rehousing take in reality?
Even when you qualify, rehousing can be slow because of supply constraints and high demand. That’s why a lot of council “help” is focused on preventing homelessness, finding private lets, and interim accommodation where needed.
Nation-by-nation differences across the UK
England: Prevention/relief duties and interim accommodation
England’s system is built around prevention and relief duties, and interim accommodation where priority need is likely.
Scotland: Apply to the council and expect temporary accommodation where needed
Scottish councils have a legal duty to help if you’re homeless or at risk, and temporary accommodation may be provided if you need it.
Wales: Prevention-focused system under Housing (Wales) Act 2014
Wales put prevention at the centre of its duties, and homelessness prevention is a key part of the approach.
Northern Ireland: Housing Executive four tests framework
Northern Ireland typically looks at eligibility, homelessness, priority need, and intentionality.
Quick real-life scenarios
“I have children and my eviction date is close, will we get temporary accommodation?”
Often, yes, if the council has reason to believe you may be homeless, eligible, and in priority need, but you still need to make the application and provide evidence quickly.
“I’m single and sofa surfing, can I still apply?”
Yes, you can still apply; whether you get interim accommodation depends on priority need and eligibility, but prevention/relief help may apply.
“I’m being evicted for rent arrears, will the council rehouse me?”
They should still assess you, but arrears can raise “intentional homelessness” questions, so bring proof of why arrears happened and what you did to prevent the eviction (payment plans, benefit issues, illness, debt advice).
How do people react to this online?
Served a section 21 – advised not to seek council help
byu/yorkshirelassie inHousingUK
Will council rehome me if HA evict me? (England)
byu/Alive_Task3185 inLegalAdviceUK
Final summary
- The council will usually help, but being rehoused depends on eligibility, priority need, and whether you’re found intentionally homeless.
- In England, approach the council when you’re within 56 days / 8 weeks of homelessness risk, you don’t need to wait until you’re physically out.
- If you may be in priority need, ask about interim accommodation while they make enquiries.
- Bring strong evidence: eviction timeline, vulnerability/priority need, and proof you tried to prevent homelessness.
FAQ
Will the council rehouse me if I’m evicted?
You’ll be assessed for homelessness duties. Rehousing depends on whether the council owes you a duty to secure accommodation (often linked to priority need and non-intentional homelessness).
Do I have to wait for bailiffs before the council helps?
You can usually approach earlier; being told to wait can increase costs and stress, and the right timing can be nuanced.
What if the council says I’m intentionally homeless?
Ask for the decision in writing, gather evidence, and seek specialist advice to challenge if you think it’s wrong.
Author expertise note
This guide is written in the style used by housing advisers, focused on the practical steps councils take, the evidence they look for, and the common pitfalls that affect outcomes.
