Your Rights in Temporary Accommodation in England

If you’ve been made homeless or evicted in England, your local council may place you in temporary accommodation. Understanding your rights in temporary housing will help you feel more secure and empowered while navigating this difficult period.

What Counts as Temporary Accommodation?

Temporary accommodation is provided by your local authority when you apply as homeless. It’s meant to offer safe housing until you’re offered a longer-term place. Types include:

• Hostels or bed and breakfasts (B&Bs)
• Self-contained flats or houses
• Rooms in shared houses

You’re entitled to temporary housing if the council accepts you’re homeless and eligible under the Housing Act 1996 Part VII^[1]. Councils must ensure placements are suitable for your needs.

Your Key Rights in Temporary Housing

Local councils have a legal duty to ensure your accommodation is suitable and safe. Here are your main protections:

• Basic living standards—Rooms must meet minimum space, safety, and health standards.
• Protection from unlawful eviction—You can’t be removed without proper notice and process.
• Access to support—You’re entitled to help with your welfare, such as advice on permanent re-housing and health services.
• Freedom from discrimination—All councils must follow the Equality Act 2010.
• Right to complain—If your accommodation is unsuitable, unsafe, or service is poor, you can challenge or appeal.

What Makes Accommodation 'Suitable'?

The council must consider:

• Your health needs or disabilities
• Children’s education and how far you’d need to travel
• Location, especially if you have support networks or special needs
• Your ability to afford the accommodation

How Can You Challenge Temporary Accommodation?

If you think the placement is not suitable, you have these options:

• Ask your council to review their decision (within 21 days) using form ‘Request for a Review’ (no formal number).
  You might write a letter or use a council's online portal. Clearly explain why the housing isn’t suitable (e.g., not accessible, too far from work or school). Official gov.uk guidance on requesting a review.
• If still dissatisfied, you can appeal to the county court. The process involves submitting an Appellant’s Notice (N161). This is used for legal appeals, such as challenging an unsuitable accommodation ruling. Download Form N161 from GOV.UK.

It’s crucial to act within the 21-day deadline to protect your rights if you disagree with the council’s decision on your accommodation’s suitability.

Paying Rent and Your Responsibilities

You might need to pay rent or a service charge for temporary housing. If you’re on a low income, you can usually claim Housing Benefit or Universal Credit towards these costs. Keep records of all payments and communicate with the council about any financial difficulties.

What About Repairs and Maintenance?

The council or the accommodation provider is responsible for ensuring the property is:

• Safe and free from serious hazards
• Kept in good repair (for example: heating, hot water, electrics, and structure)
• Reasonably clean and suitable for occupation

If urgent repairs are not dealt with, you can complain to the council and, if necessary, escalate to the Housing Ombudsman—an independent body overseeing housing complaints in England.

Which Tribunal or Board Handles Disputes?

Most issues involving temporary accommodation (such as suitability, housing allocations, or unlawful eviction) are handled by your local County Court. For complaints about landlords or management, you can approach the Housing Ombudsman. Rent-related matters and housing disputes are sometimes considered by the First-tier Tribunal (Property Chamber).

Relevant Legislation

Your legal protections are mainly set out in:

• Housing Act 1996, Part VII—homelessness duties
• Equality Act 2010—protection from discrimination
• Housing Act 1985 (Part IX)—standards for accommodation

Understanding your rights under these laws can help you secure better living conditions and challenge unfair treatment.

FAQ: Temporary Housing Rights in England

1. Can I refuse a temporary accommodation offer from the council?
   If you refuse a suitable offer, the council may consider its duty to help you ended. Always request a review if you believe the property is not suitable for your needs.
2. What can I do if my temporary accommodation is unsafe or unclean?
   Report issues to your local council immediately. If repairs remain unresolved, escalate your complaint to the Housing Ombudsman.
3. Will being in temporary accommodation affect my benefits?
   You can usually claim Housing Benefit or Universal Credit to help cover your rent. Tell your local council and Jobcentre about your situation promptly.
4. Can I get moved to a different area?
   You can ask the council to review your placement if the location is unsuitable—for instance, if it separates you from essential support networks or work.
5. How long can I stay in temporary housing?
   Temporary accommodation can last weeks or sometimes months, depending on your case. The council must move you to longer-term housing as soon as reasonably possible.

Conclusion: Key Takeaways

Temporary accommodation in England comes with important legal protections. Here are the main points to remember:

• Councils must offer accommodation that is safe, suitable, and respects your family’s needs.
• If dissatisfied, you can challenge or appeal the decision—don’t miss the 21-day review deadline.
• Use official complaint routes, such as the Housing Ombudsman or County Court, if your issues aren’t resolved.

Need Help? Resources for Renters

• Homelessness help from your local council (gov.uk)
• Housing Ombudsman Service – Make a complaint
• Shelter England – Rights in Temporary Accommodation
• Appellant's Notice (N161) Form – Download from GOV.UK
• First-tier Tribunal (Property Chamber)

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1. For details on homelessness duties: Housing Act 1996 Part VII.
2. Find standards for houses: Housing Act 1985.
3. Protection from discrimination: Equality Act 2010.

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