Does the council have to house me?
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
If you don't have anywhere to live, your local council may have a duty to house you. But dealing with the council can be difficult and not everyone is entitled to a permanent home.
Shelter has developed a free online tool to help you work out what you're entitled to. It involves five steps, takes only a few minutes, and is totally confidential.
The tenancy checker requires you to have Javascript enabled on your browser, and may not compatible with screenreaders. An accessible version of the checker is available here.
Are you a UK citizen who normally lives here?
First the council will check your nationality and where you live, to work out whether you are eligible for assistance. It's possible for some of the people you live with to be eligible and others not.
What is your current housing situation?
Next, we need to ask you about where you're living at the moment. You don't have to be on the streets to be homeless, but only people living in certain situations will go on to the next stage of the council's assessment.
If you have nowhere to stay, the council should offer you temporary accommodation while they look into your situation.
Please select the situation that applies to you.
Are you in priority need?
The rules that govern homelessness legislation changed at the end of 2012. The major change was the ending of the priority need test, this means that if you are assessed as unintentionally homeless you have the right to a home.
Please click next to continue.
Are you vulnerable?
You might be considered vulnerable if you:
- have recently had a miscarriage or abortion
- have spent time in care, hospital, the armed forces, a young offenders' institute or prison, and have had problems keeping a home ever since
- are at risk because of old age
- have a learning disability
- have serious mental or physical health problems
- are an asylum seeker who's just been granted refugee status
- have just been though a traumatic experience.
Even if you're not in one of these situations, there may be other special reasons why you are vulnerable. Get advice if you think you might qualify.
How did you lose your last home?
Next, the council will ask why you left your last home, to help it work out whether you can be classed as intentionally homeless or not.
Did you have to leave your last home because someone in your household did something that they shouldn't (such as causing nuisance to neighbours), or failed to do something that they should have done (such as paying the rent when you could afford to)?
How did you lose your last home?
Because you answered 'yes' to the last question, we need to ask for some more information.
Did you realise that what happened might lead to you having to move out?
How did you lose your last home?
Because you answered 'yes' to the last question, we need to ask for some more information.
Could you have continued living there if the problem hadn't happened?
How did you lose your last home?
Because you answered 'yes' to the last question, we need to ask for some more information.
Would it have been reasonable for you to stay there?
Do you have a local connection?
Things are looking good! If you have got this far, it's very likely that you are entitled to permanent housing. If the council says otherwise, get independent advice immediately.
The final thing we need to check is whether the council you applied to for housing can ask another council to take responsibility for you. This can only happen in certain situations and if certain procedures are followed. The council can't just tell you to go to another council - it has to look into your application properly first.
Please select the appropriate option:
Do you have a local connection?
Things are looking good! If you have got this far, it's very likely that you are entitled to permanent housing. If the council says otherwise, get independent advice immediately.
The final thing we need to check is whether the council you applied to for housing can ask another council to take responsibility for you. This can only happen in certain situations and if certain procedures are followed. The council can't just tell you to go to another council - it has to look into your application properly first.
Please select the appropriate option:
Do you have a local connection?
Things are looking good! If you have got this far, it's very likely that you are entitled to permanent housing. If the council says otherwise, get independent advice immediately.
The final thing we need to check is whether the council you applied to for housing can ask another council to take responsibility for you. This can only happen in certain situations and if certain procedures are followed. The council can't just tell you to go to another council - it has to look into your application properly first.
Please select the appropriate option:
Do you have a local connection?
Things are looking good! If you have got this far, it's very likely that you are entitled to permanent housing. If the council says otherwise, get independent advice immediately.
The final thing we need to check is whether the council you applied to for housing can ask another council to take responsibility for you. This can only happen in certain situations and if certain procedures are followed. The council can't just tell you to go to another council - it has to look into your application properly first.
Please select the appropriate option:
Your result: You may not be eligible for assistance
If the council believes you are not eligible, it doesn't have to house you. The decision may also affect your rights to financial help, such as housing benefit.
Some people from abroad are eligible for help from the council but many are not, including most asylum seekers. If you don't have a right to reside in the UK, you should get specialist immigration advice from a Citizens Advice Bureau or other agency before you contact the council. Use the Advice Services Directory to find help in your area. If you're from a European Union country, you can find out more about your rights here.
What are my rights?
It may take the council several days to work out whether or not you are eligible for assistance. In this case, if you have nowhere safe to stay, the council must offer you somewhere temporary to stay while it looks into your situation.
The council should explain in writing why it thinks you're not eligible for assistance. Get advice to check whether the reasons it gives you are legally correct. If they are not, you may be able to challenge the decision. Remember: this assessment is only a guide, and it's worth discussing your personal circumstances with an adviser.
You can find out more about the council's duties here.
Your result: You are classed as 'threatened with homelessness'
If you are about to become homeless in the next two months, the council should still offer you help.
The council must try to help you keep your home, for example, by helping you negotiate with your landlord. However, the council should only do this if it's reasonable for you to carry on living there.
In the meantime, the council, must continue to look into your situation, to check whether you will be entitled to housing if you do lose your home - it shouldn't wait until you become homeless.
The council should also give you help and advice about how to find a new home.
Your result: You're probably not legally classed as homeless
From what you have told us, you probably can't get temporary housing from the council.
This is because you're not classed as 'homeless' or 'threatened with homelessness'. You don't have to be on the streets to get help, but 'homeless' and 'threatened with homelessness' do have special legal definitions.
Is the council's decision correct?
If the council says it can't help you because you don't fall into either of the above categories, it should explain the reasons for its decision in writing. If you think the decision is unfair, get advice to see if you can challenge it. This assessment is only a guide, so it's worth getting advice, especially if your situation is unusual.
What other options do I have?
Even though the council probably doesn't have a duty to offer you a permanent home as a homeless person, you can still ask to put your name down on the waiting list for a permanent council home. But you may well have to consider other housing options in the short term, because waiting lists are usually long. A local advice centre may be able to help you - use the Advice Services Directory to find one.
You can find out more about the council's duties here.
Your result: You are probably not in priority need
If the council decides that this is the case, it still has to give you help and advice about finding a place to live.
However, the council does not have a legal duty to house you. In theory, it is allowed to do so, but the council is very unlikely to offer you anything unless you live in an area where there is a lot of housing available.
Can I change the council's decision?
If the council decides that you're not in priority need, it has to explain why in writing. An adviser may be able to help you check that the council hasn't overlooked anything. Remember, this assessment is only a guide, and you may have special circumstances that would mean you are in priority need.
There are several ways to challenge the council's decision if it is wrong. Contact your local advice centre if you're not sure.
What other options do I have?
Check out our information on possible housing options and the financial help that you may be able to get. For instance, you may still be able to apply for a permanent council home, but you will probably have to consider other housing options in the short term because waiting lists are usually long.
Your result: You may be classed as intentionally homeless
If this is the case, you will not be entitled to longer-term housing.
The council should let you stay on in your temporary accommodation for a while, to give you time to find a new place to live, and it should also offer you help and advice to find somewhere.
Is the council's decision correct?
The council has to give you its reasons in writing. Get legal advice immediately to see if you can challenge the decision. The rules are complicated and the council may be wrong. Don't wait until you have to leave your temporary accommodation to get advice.
You may be able to challenge the council's decision if:
- you did everything you could to avoid leaving your home
- you gave up your home because you didn't know you had a right to stay
- the actions that led to the eviction were carried out by someone else in your household, and you didn't know about these actions or couldn't stop them from happening
- you left because you were given incorrect or misleading advice about your rights.
What other options do I have?
Even if you can't get the council's decision overturned, you may be able to get help from social work if you are under 18, have dependent children, or are disabled.
You may also be able to apply for a permanent council home - you may be given some priority on the waiting list. However you will probably have to consider other housing options in the short term because waiting lists are usually long.
Your result: The council you applied to should house you
It sounds as if you either have a connection with the local council's area, or you don't have a local connection anywhere at all.
What am I entitled to?
You are probably entitled to ongoing temporary housing from the local council. You can normally stay until, you can move into your new permanent home.
What can I do if the council refuses to help me?
If the council says it doesn't have to help you, or you think the housing it offers you is unsuitable, get advice immediately. There's a fairly good chance that you may be able to challenge the council's decision.
What other options do I have?
You should also apply for a permanent council home - you may be given some priority on the waiting list. However, you will probably have to consider other housing options in the short term because waiting lists are usually long.
Your result: The council you applied to may try to refer you to another council area
From what you've told us, you may not have a local connection with the council you've applied to, but you do with at least one other council.
Why does it matter?
Although you are entitled to housing, the local council might try to get the council for another area to take responsibility for you. If the local council decides to do this, it has to explain its decision in writing.
If this happens, both councils must follow certain rules.
- They can't send you back to an area where you are at risk of violence.
- If the only connection you have with the other area is that members of you family live there and you don't want to be near them, you shouldn't be sent there.
- If you have a connection with more than one area, the council you applied to should ask you where you'd prefer to live and should take this into account.
- If you're sent to another council, they have to accept the assessments the first council made about your situation - they can't start the whole process again.
- If the council in the other area says it doesn't have to help you, the original council will have to continue to house you until the disagreement is sorted out.
What can I do if I'm not happy with how this is handled?
If either council refuses to follow the rules, you may be able to challenge them. If you don't want to move to the other area, tell the council why and get advice straightaway.
You can also ask to apply for a permanent council home - you may be given some priority on the waiting list. However, you will probably have to consider other housing options in the short term because waiting lists are usually long.
We can't guarantee that the results of this assessment will always be 100% accurate. If you're unsure about any details, or if your circumstances are not covered, use our directory to find a local advice centre or call our free national helpline on 0808 800 4444 to speak to an adviser.
