Part VII of the Housing Act 1996 is the primary legislation governing how local councils in England must respond when someone applies to them as homeless. It sets out when a duty arises, what that duty requires, and how long it lasts.

Who is legally homeless? Under section 175, a person is homeless if they have no accommodation available to them that it would be reasonable for them to continue to occupy. This includes people currently in accommodation that is unsafe, overcrowded, or from which they are fleeing violence.

What must a council do? When a council has reason to believe someone may be homeless or threatened with homelessness, it must assess their situation and decide what duty — if any — it owes them.

• If you are homeless and in priority need (see below), the council must secure suitable accommodation for you
• If you are threatened with homelessness within 56 days, the council must take reasonable steps to prevent it
• If you are homeless but not in priority need, the council must provide advice and assistance
• The council must not send you to an area where you would face a risk of violence or abuse

Protection of belongings. Under section 211, where a council is under a duty to secure accommodation for a homeless person, it must also take reasonable steps to prevent the loss of or damage to that person's personal belongings if there is a risk of this and no other suitable arrangements have been made. This is the statutory basis for Fairstore's work with local authorities.

This Act significantly strengthened the obligations on local housing authorities to prevent homelessness before it happens, rather than only reacting once someone has no roof over their head.

Key changes it made to the 1996 Act:

• Extended the "threatened with homelessness" period from 28 days to 56 days, meaning councils must act earlier
• Introduced a duty to prevent homelessness for all eligible applicants, not just those with priority need
• Introduced a duty to relieve homelessness — if prevention fails, the council must take active steps to help you find accommodation for up to 56 days
• Required councils to produce a personalised housing plan for each applicant setting out what steps both parties will take
• Extended duties to people with no local connection in some circumstances

The Domestic Abuse Act 2021 made important changes to the Housing Act 1996 to better protect people who are homeless because they are fleeing abuse.

• Anyone who is homeless as a result of being a victim of domestic abuse automatically has priority need for accommodation — removing the old requirement to prove vulnerability separately
• A person living in a refuge who has left their home because of domestic violence is still considered homeless for the purposes of making a council application
• Domestic abuse survivors and care leavers under 25 are now exempt from local connection requirements when applying for social housing (in force from July 2025)
• Councils must follow the Act's statutory definition of domestic abuse when assessing applications — this covers physical, emotional, coercive, and economic abuse

Practical note: If you are fleeing domestic abuse, you do not need to go back to your home address to collect evidence before applying to the council. You should not be sent to any area where you face a risk of harm from an abuser.

The Renters' Rights Act 2025 is one of the most significant reforms to private renting in a generation. It abolishes assured shorthold tenancies and introduces a more secure framework for private renters.

Key provisions coming into force from 1 May 2026:

• No-fault evictions abolished — Section 21 notices (which allowed landlords to evict tenants without giving a reason) will be banned. Landlords will only be able to end a tenancy under specific grounds
• Tenants can appeal excessive rent increases — if a landlord raises rent above market rate, tenants will have the right to challenge this
• Discrimination against benefit claimants banned — landlords will no longer be able to refuse tenants solely because they receive housing benefit or Universal Credit
• Pets — landlords will not be able to unreasonably refuse a tenant's request to keep a pet
• All tenancies become periodic — fixed-term assured shorthold tenancies are abolished; all tenancies will roll on a monthly basis

Awaab's Law — named after two-year-old Awaab Ishak, who died in 2020 from a respiratory condition linked to mould in his social housing — places strict legal obligations on social landlords to respond to hazards in their properties.

What it requires (Phase 1, from 27 October 2025):

• Social landlords must investigate all reported hazards including damp, mould and emergency hazards within set timeframes
• Emergency hazards must be repaired within 24 hours
• Damp and mould must be investigated within 14 days of a report, and repair work must begin within 7 days of diagnosis
• If a landlord fails to act, tenants can bring a legal claim against them

Phase 2 (covering all remaining hazards) is expected in 2026–27. This law currently applies to social housing only, not private rented accommodation — though the Decent Homes Standard consultation may extend similar protections to private tenants.

This Act is directly relevant to Fairstore's storage service. It sets out the legal framework for what a storage provider — or any "bailee" holding goods on behalf of another — can do if goods are left uncollected.

In plain terms:

• If goods are held in storage and the owner cannot be traced or refuses to collect them, the holder can apply to the court for permission to sell or dispose of the goods
• Before disposing of goods, the Act requires the holder to give reasonable notice to the owner — which is why Fairstore's agreement specifies a three-month period
• Any proceeds from the sale of uncollected goods must first be used to cover outstanding storage charges; any surplus belongs to the owner

This is why it is important to keep Fairstore informed of any change of address or contact details during your storage period, and to make arrangements for collection when your situation stabilises.

Priority need determines whether a council has a full duty to secure accommodation for you. You are automatically in priority need if you:

• Have dependent children living with you or who might reasonably be expected to
• Are pregnant
• Are vulnerable as a result of old age, mental illness, physical disability, having been in care, having been in the armed forces, or having been in prison
• Are homeless as a result of domestic abuse (since 2021, this automatically confers priority need)
• Are a care leaver aged 18–20
• Are homeless as a result of an emergency such as flood, fire or other disaster

Intentional homelessness is a separate test that can reduce what a council owes you even if you have priority need. You may be found intentionally homeless if the council decides you deliberately did something — or failed to do something — that led to you losing your accommodation. For example, not paying rent you could afford, or voluntarily leaving a property it was reasonable to stay in.

If you pay a deposit on a private rented tenancy, your landlord is legally required to protect it in a government-approved tenancy deposit protection scheme within 30 days of receiving it.

• Your landlord must tell you which scheme your deposit is protected in and provide the scheme's prescribed information
• If they fail to do this, you may be entitled to claim 1–3 times the deposit amount in compensation, and the landlord cannot validly serve a Section 21 notice
• Approved schemes include: Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS)
• A deposit cannot exceed 5 weeks' rent (for annual rent under £50,000)

Local Housing Allowance (LHA) sets the maximum amount of housing benefit or the housing element of Universal Credit that can be paid toward private rented accommodation in each area. It is based on the 30th percentile of local rents. Many private rents exceed LHA rates, creating a shortfall tenants must find themselves.

Discretionary Housing Payments (DHPs) are additional payments your council can make if your housing benefit does not cover your rent and you are experiencing hardship. Ask your council's housing benefit team about applying.

• Under the Renters' Rights Act 2025, from May 2026 it will be unlawful for a landlord to refuse to rent to someone solely because they receive housing benefit or Universal Credit
• If you are in temporary accommodation, be aware that from 14 November 2025 housing benefit claims end automatically when you move out — even if you are not on Universal Credit
• Compensation payments under the MoD's LGBT Financial Recognition Scheme are disregarded from housing benefit and Universal Credit calculations (from February 2025)

Legal aid is available for housing matters in England if you are on a low income. From 22 December 2025, housing legal aid fee rates increased — meaning more solicitors may be willing to take legally aided housing cases.

Housing matters covered by legal aid include:

• Challenging a council's homelessness decision (section 202 review and section 204 appeal)
• Unlawful eviction and harassment by a landlord
• Disrepair that poses a serious risk to health and safety
• Possession proceedings — if your landlord or mortgage lender is trying to repossess your home
• Injunctions in domestic abuse cases relating to housing

To check if you qualify, use the Civil Legal Advice eligibility calculator or call their advice line.