Your Rights When Choosing Temporary Accommodation in England

If you’re facing homelessness or have been evicted in England, you might wonder if you can choose where you’re housed by the council. Navigating emergency and longer-term housing placements can feel overwhelming, especially if you have specific needs related to schools, family, health, or community ties. This guide explains your rights, what councils must consider, and steps if you disagree with a housing offer.

How Councils Decide Where You’re Housed

When you apply to your local council for homelessness support, their duty is to secure suitable accommodation for you and your household under the Housing Act 1996 and the Homelessness Reduction Act 2017^[1][2]. However, the law doesn’t guarantee you a choice of property or location—but councils must consider:

• Your need to stay near work, school, or support networks
• Medical conditions or disabilities
• The safety and wellbeing of your household (for example, risk of domestic abuse or harassment)
• Religious or cultural considerations

The council should make every effort to place you within their area, but may offer accommodation elsewhere if local options are limited.

Temporary vs. Permanent Accommodation

Homeless households are often first placed in temporary accommodation, such as hostels, bed and breakfasts, or short-term private lets. Permanent housing is usually provided via the council’s housing register or by making a private rented sector offer.

Your Rights if You Disagree With a Council Housing Offer

If you believe an accommodation offer is unsuitable (for example, too far from your child's school or not meeting disability needs), you have the right to ask the council to review their decision. This is called a "review of suitability" under Section 202 of the Housing Act 1996^[1].

• Your review must be requested within 21 days of the decision or offer.
• The council will re-examine whether the accommodation meets your and your household's needs.
• If you’re unhappy with the council's review, you can appeal to the county court on a point of law.

Relevant Official Forms

• Homeless Application (No specific national form): Generally started directly with your local council’s housing or homelessness team. Find your local council’s housing support services here.
• Review Request (Section 202 Review): No fixed government form; you must write to the council stating clearly that you are asking for a review of their decision about suitability. Example: If offered accommodation far from your child's school, your written request should explain why this would negatively impact your family. For further guidance, see Challenge a homelessness decision.

Relevant Tribunal or Board for Housing Issues

For disputes relating to housing or tenancy in England, the First-tier Tribunal (Property Chamber) handles certain rent, letting, and housing disputes, but not council homelessness decisions. Appeals on council homelessness reviews go to the county court.

Your Options if Placed Out-of-Area

Councils must consider your circumstances before offering “out of area” (outside their borough) accommodation. The Homelessness Code of Guidance for Local Authorities sets out these requirements.

• They must try to keep you close to where you live, especially if you work, your children are in school, or you receive specialist medical care nearby.
• If offered out-of-area accommodation, you have the right to ask for a review of its suitability.
• If the council makes a final offer, it usually ends its duty if you refuse. Seek advice before making decisions.

In practice, the ability to choose exactly where you’re housed is limited. Councils prioritise needs and available supply over personal preferences, but you can contest placements that cause genuine hardship.

FAQ: Choosing Where You’re Housed in England

1. Can I pick exactly where the council houses me?
   Generally not. Councils must provide suitable accommodation and consider your needs, but you cannot choose a specific street or neighbourhood. You can, however, request a review if there are strong reasons for a particular area.
2. What counts as 'suitable' accommodation?
   Suitability covers safety, size, affordability, access to work, school, family, medical services, and other important needs specified by law. If you believe a placement is unsuitable, you can ask for a review.
3. How do I challenge a council housing decision?
   Request a Section 202 review in writing within 21 days of the offer. State clearly your reasons and include evidence if possible. For guidance, see the official guidance.
4. What if I refuse the accommodation?
   If the council believes the offer is suitable and you refuse it, they may end their duty to help you. Always get advice before refusing any property offered.
5. Where can I get help?
   Contact Shelter, Citizens Advice, or your council’s homelessness team for support. See our resource section below for direct links.

Conclusion: Key Takeaways

• You can’t directly choose your new home but have a right to "suitable" accommodation and a review if the offer doesn’t meet your needs.
• Always respond promptly to council offers and use your right to review if needed.
• The appeals process exists to protect your rights—seek help from official advice services if you’re unsure.

Understanding the process helps you advocate for yourself and your household effectively at each stage of seeking accommodation in England.

Need Help? Resources for Renters

• Apply for homelessness help from your council – government advice and services.
• Homelessness Code of Guidance for Local Authorities – outlines councils' legal duties.
• Shelter England: Homeless from private rent – practical guidance and emergency help.
• Citizens Advice: Applying for homeless help – step-by-step support and information.
• Find your local council’s housing service

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1. Housing Act 1996
2. Homelessness Reduction Act 2017
3. Homelessness Code of Guidance for Local Authorities
4. UK Government: Find your local council
5. First-tier Tribunal (Property Chamber) England

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