Relief duty — 56 days if you're already without housing
Relief duty (Housing Act 1996, s.189B) = 56-day duty for the council to help you find housing for at least 6 months. It's «help to secure», not «provide» — the council searches, doesn't supply directly. In parallel, s.188 interim accommodation works: if you have priority need, accommodation the same day, before any decision on main duty.
When it arises
When the council is satisfied that you are:
- Eligible under s.185 (immigration status)
- Homeless under s.175 — no accommodation, or there is some but NOT reasonable to occupy
Includes: sofa surfing, no legal right of occupation, mobile structure with no place, threat of violence/DA in current housing (s.177), accommodation that isn't reasonable (overcrowded, unhealthy, unsafe, unaffordable).
What the council must do
s.189B(2): «take reasonable steps to help the applicant to secure that suitable accommodation becomes available for the applicant's occupation for at least 6 months».
Key: «help to secure», NOT «provide».
Council searches with you, pays for steps, but is not required to provide long-term housing at this stage. That's the main duty (s.193) — but it only arises after relief.
Reasonable steps in practice
Interim accommodation (s.188) — parallel duty
s.188(1): if the council has «reason to believe» (very low threshold — may be homeless, may be eligible, may have priority need), it must secure interim accommodation immediately, before inquiries complete.
Continues until the s.184 main duty decision is issued. This is parallel to relief, not part of relief duty.
If you have priority (pregnancy / children / DA / vulnerability), refusal to provide interim accommodation the same day is a breach, basis for immediate JR / urgent LGSCO complaint. Priority need test →
The 56-day clock
From the day the council was first satisfied you are eligible + homeless (s.189B(4)). No statutory power to extend — the duty just ends, council moves to the next decision.
During the 56 days the council cannot issue a s.184 main duty decision (Code Ch 14) — must work the relief duty first.
8 ways to end (s.189B(7))
Only by written notice + right to s.202 review (21 days).
After 56 days the council should issue the s.184 decision within ~15 working days (Code Ch 14).
Common failures
- Cornwall 19 000 206 — failure to take homelessness application + interim. £3,588 for rent shortfall + £500 for distress
- 24 000 868, 24 009 792 — failure to open interim accommodation, sofa-surfing for months with children
Frequently asked questions
What's the difference between relief and main duty?
Relief duty (s.189B) — 56 days «help to secure» (search, deposit, referrals). Council is NOT required to provide long-term housing at this stage. Main duty (s.193) — required to house, but only arises if you have priority need and relief duty failed.
Will I get accommodation the same day?
If you have priority need (children, pregnancy, DA, vulnerability), yes — via s.188 interim accommodation. This is a parallel duty, triggered on «reason to believe» (low threshold), without waiting for inquiries to complete.
What counts as homeless?
Under s.175 — no accommodation in the UK / elsewhere that you have a right to occupy AND that it is reasonable to continue to occupy. Includes sofa surfing, no right of occupation, threat of violence, overcrowding, poor condition. NOT just «on the street».
What if 56 days expire and no housing was found?
Council must make a s.184 main duty decision: check priority need + intentional. If passes — main duty s.193 (council houses you). If not — relief duty just ends, advice + assistance remain.