Hidden Homelessness: legal guidance for ‘sofa-surfers’ (29 July 2025)

Homelessness is often associated with rough sleeping, but for many, the reality is more concealed. Hidden homelessness refers to individuals who do not have a permanent, secure place to live, yet are not sleeping on the streets. This includes people ‘sofa-surfing’, staying temporarily with friends, family, or acquaintances, often rotating between different households and without a formal tenancy.

The scale of hidden homelessness is significant. Studies suggest that around 62% of single homeless people are experiencing hidden homelessness, meaning they are not visibly sleeping rough but instead may be sofa surfing, living in unsuitable accommodation, or squatting.

Understanding Sofa-Surfing as Homelessness

While not rough sleeping, sofa-surfers are legally homeless under UK law. The Housing Act 1996, Part VII, Section 175 (3), states: "A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy."

Temporary arrangements, like staying on someone’s couch without security of tenure, formal consent, or stability, fail to meet this threshold. The statutory definition of homelessness includes those in overcrowded conditions, those at risk of violence, and people who cannot reasonably remain where they are.

Sofa-surfing lacks security. There is no right to remain in the property, and sofa-surfers can be asked to leave at any time. This leaves them in a highly precarious situation, often moving from place to place with no fixed address.

Making a Homelessness Application

Anyone who is homeless or at risk of becoming homeless within 56 days can make a homelessness application to their local housing authority. You do not need to be sleeping rough to apply, sofa-surfers are eligible if their current living situation is deemed unreasonable or unsustainable.

Where and How to Apply:

You can apply online, by phone, or in person at your local council’s housing department. Provide as much information as possible about your current situation, including who you’re staying with, how long you've been there, and any reasons why the arrangement cannot continue.

The Council’s Duties under the Homelessness Reduction Act 2017:

• Initial Assessment: The council will assess whether you are homeless or threatened with homelessness.
• Prevention Duty: If you’re at risk of becoming homeless within 56 days, the council must help prevent it.
• Relief Duty: If you are already homeless, the council must help you secure suitable accommodation for at least six months.

Priority Need and Vulnerability

You must be eligible, not made yourself intentionally homelessness and in priority need. Not all sofa-surfers qualify automatically, but certain individuals are more likely to meet the threshold:

• Pregnant people.
• Families or individuals with dependent children.
• Care leavers under 21.
• Individuals who are vulnerable due to old age, disability, or physical/mental illness.

In some cases, even if you're not in one of the above categories, the cumulative effects of sofa-surfing—mental health decline, unstable routines, and risk of exploitation—can be used to argue vulnerability.

With proper support and legal advocacy, sofa-surfers can access housing assistance, including temporary accommodation.. If you have been refused help or feel your situation has not been taken seriously, you have the right to challenge the decision.

Watch video one of our Housing team’s campaign on the topic here:

About our Housing Team

At Duncan Lewis Solicitors, our Housing Law team has extensive experience helping individuals assert their rights under housing law. Ranked by The Legal 500 directory as a Top Tier practice for its services, our team offers both publicly funded (legal aid) and privately funded legal services from 14 key offices nationwide. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.

About the Author

Manjinder Kaur Atwal is recognised by the Chambers & Partners legal directory as a UK-wide notable practitioner, offering strength across a wide range of social housing matters, including interim relief and homelessness applications. She heads a Housing Team ranked Tier 1 across the South East by The Legal 500 for its "excellent knowledge of the law" and "extensive experience". The department is recognised as a market-leader in all areas of social housing and property litigation including disrepair, unlawful evictions, homelessness, possession disputes, and complex judicial review matters.

Contact Manjinder via email at ManjinderA@duncanlewis.com, or by telephone at 02031141269.

Duncan Lewis Solicitors

Duncan Lewis Solicitors crowned LexisNexis Law Firm of the Year 2024, continues to set benchmarks in the legal industry. Celebrated for its successes at the Modern Law Awards 2024 and recognised by The Times, the firm stands out for its innovative practices and commitment to legal excellence. Specialising in housing law among other areas, Duncan Lewis tailors its award-winning services to effectively meet the evolving needs of its diverse client base.