How long can the council keep me in temporary accommodation?

Temporary accommodation is where councils place households they owe a housing duty to while a case is assessed or settled housing is found. In practice many families spend months or years there, because there is no statutory time limit — only a duty to move you on as soon as reasonably practicable, with councils expected to secure settled accommodation within about two years where possible.

The rules that do bite

• Six weeks in bed and breakfast. Families with dependent children must not be placed in B&B accommodation for longer than six weeks. If you pass that point, write to the council immediately citing the Homelessness (Suitability of Accommodation) (England) Order 2003 and demand suitable alternative accommodation.
• Suitability. The accommodation must suit your household — its size, any health or disability needs, and its location relative to schools, work, medical treatment and support networks.
• Out-of-area placements. These are only lawful where nothing suitable is available in the area. The council must notify you in writing, give its reasons, and tell you about your review rights.

Challenging what you have been given

You can request a review of suitability under section 202 of the Housing Act 1996. Put it in writing, set out precisely why the placement does not work — travel times, a child’s school, a medical condition, safety — and attach evidence such as letters from a GP or school. Shelter (0808 800 4444) and Citizens Advice can help you frame it, and legal aid may be available for homelessness reviews.

If the property is in disrepair or has damp and mould, report it to the council’s environmental health team even though the council placed you there, keep dated photographs, and put every report in writing. Where the council fails to act at all, complain through its formal complaints process and then to the Local Government and Social Care Ombudsman.

One thing to be clear about: most temporary accommodation is provided under a licence rather than a tenancy, so you have fewer protections than a private tenant. You still cannot be removed without the council following the correct legal process, and you keep the right to challenge suitability throughout.