Temporary Accommodation Rights

Under Part 7 of the Housing Act 1996, councils owe certain duties to homeless households. When the council has accepted that you are eligible, homeless, and in priority need, they must provide accommodation while they complete their enquiries and, if they find a full housing duty, until settled accommodation becomes available.

Types of temporary accommodation include:

• Council-owned TA: Properties directly managed by the council for temporary use.
• Bed and breakfast (B&B): Mainly used for very short-term stays. Councils should not place families with children in B&B for more than six weeks.
• Private sector nightly let: Private properties leased by the council and let on a nightly or weekly basis.
• Hostel or supported accommodation: For those with support needs.

You are a licensee rather than a tenant in most temporary accommodation — this gives you fewer legal protections, but you still have rights regarding suitability and treatment.

Councils must only place you in accommodation that is suitable for your household. Suitability is assessed under the Homelessness (Suitability of Accommodation) (England) Order 2012 and statutory guidance. Relevant factors include:

• Size: The property must be large enough for your household — sleeping arrangements must not be so overcrowded as to be harmful.
• Condition: The property must not contain Category 1 hazards under the Housing Health and Safety Rating System.
• Location: The accommodation should be as close as reasonably possible to where you were previously living — particularly important if you have children in school or are receiving medical treatment. Out-of-area placements must be justified.
• Accessibility: Properties must be physically accessible to you, particularly if you or a family member has a disability.

If accommodation offered to you does not meet these standards, you have the right to request a review of its suitability within 21 days of being placed.

If you are placed in temporary accommodation you believe is unsuitable, take the following steps:

• Write to the council stating why the accommodation is unsuitable and requesting a review under section 202 of the Housing Act 1996 within 21 days of being notified of the decision.
• Provide supporting evidence — medical letters if health needs are relevant, school letters if location affects children's education, or survey evidence of the property's condition.
• If the review upholds the suitability decision, you can appeal to the county court on a point of law within 21 days.

In the meantime, you must generally accept the accommodation offered — refusing to move in may be treated as intentional homelessness and can end the council's duty to you. Accept the placement while simultaneously requesting a review. Citizens Advice and Shelter can help you draft a review request and gather supporting evidence.

People placed in temporary accommodation by a council retain important legal rights, even though most TA is provided under a licence rather than a tenancy. Understanding these rights is essential — councils do not always communicate them clearly, and poor-quality TA is unfortunately common.

Core rights in temporary accommodation include:

• Suitability: Accommodation must meet the standards set out in the Homelessness (Suitability of Accommodation) (England) Order 2012 and the statutory Homelessness Code of Guidance. It must be free from Category 1 hazards, appropriately sized for your household, and physically accessible.
• Location: The council must consider the impact of out-of-area placements on your children's education, your employment, and your access to medical care and support. A placement that disrupts these established links should be challenged.
• B&B restrictions: Councils must not place families with dependent children in bed and breakfast accommodation for more than six weeks. If you are a family in B&B and have been there for more than six weeks, the council is in breach of this duty.
• Basic amenities: You are entitled to access to cooking facilities, appropriate bathroom facilities, and heating.

Challenging a placement decision: You have the right to request a review of the suitability of any accommodation offered to you under section 202 of the Housing Act 1996. The request must be made within 21 days of being notified of the placement. Submit it in writing, clearly setting out why the accommodation is unsuitable — be specific about the hazards, overcrowding, distance from schools or medical appointments, or accessibility barriers. Include supporting evidence such as a GP letter, school letter, or photographs of the property's condition.

The review must be carried out by a more senior council officer who was not involved in the original decision. If the review confirms the placement, you can appeal to the county court on a point of law within 21 days. County court appeals are complex, so seek specialist housing law advice from Shelter, Citizens Advice, or a housing solicitor as soon as possible. Legal Aid is available for homelessness appeals in many cases.

While challenging, you should generally accept the placement offered — refusing it outright can be treated as intentional homelessness and may end the council's duty to you. Accept while simultaneously requesting the review in writing on the same day.