If you’ve left an abusive home and you’re sleeping on a friend’s sofa or in a relative’s spare room, you might be worried that the council will say you’re not homeless because you have a roof over your head. This article explains the rules in England.
What being homeless means in law
Under the Housing Act 1996, being homeless doesn’t only mean sleeping on the street. You count as homeless if you have no accommodation available to you, and you are not treated as having accommodation unless it would be reasonable for you to continue to live there.
Leaving because of abuse
The law says it isn’t reasonable for you to carry on living somewhere if it’s probable that staying would lead to violence or domestic abuse against you, against a family member who lives with you, or against anyone who might reasonably be expected to live with you. So if you left because of abuse, your old home doesn’t count as somewhere you could reasonably have stayed.
Does staying with a friend change anything?
We put this exact question to a council homelessness officer. This was their answer:
“That is not a factor that would change the assessment. If homelessness is due to domestic abuse, that’s still the reason for homelessness and, if verified, the priority need threshold as well. Staying temporarily with a host is still an unsettled and homelessness scenario.”
In plain words: staying with a friend or relative for a short time doesn’t stop you being treated as homeless if you left because of domestic abuse. Their answer was about a temporary stay, so make sure the council knows yours is temporary.
Why priority need matters
Since 5 July 2021, the Housing Act 1996 has said that a person who is homeless as a result of being a victim of domestic abuse has priority need.
This matters because if the council has reason to believe you may be homeless, eligible for assistance and in priority need, it must make sure accommodation is available for you while it looks into your case.
What this means for you
- Tell the council clearly that you are staying with someone temporarily, and that it isn’t a settled home.
- If you are likely to become homeless within 56 days, tell the council. In law, that means you are threatened with homelessness, and if you are eligible for assistance, the council must take reasonable steps to help make sure you don’t lose your accommodation.
- Keep a record of every conversation with the council: the date, who you spoke to and what was said.
- Some of the council’s duties only apply if you are “eligible for assistance”. If you are unsure whether you are, ask the council when you first contact them.
Where to go next
The original guide’s Get Out section covers the practical stage of leaving, and the Keep A Record guide shows you how to keep track of dates, conversations and evidence while your case goes on. You can find both on our Get Help
Go deeper
- Dictionary: refuge, safety plan
- Read: When Help Becomes a Business: Supported Housing After Domestic Abuse, Safe People: Who You Can Actually Trust With Where You’re Going, Why Did He Move In So Fast?
- Guides: our original practical guide (Get Money. Get Out. Get Rid.) sets out your next steps, and Keep A Record shows you how to document what is happening safely. You can find them on our Get Help page.
