If you ask the council for help because you are homeless, it will look into your situation. If it decides that you meet certain criteria, it will have a duty to continue to provide temporary accommodation for you.
The accommodation should be suitable and you can normally stay there until you are able to move into settled accommodation. However, if some members of your household are eligible for assistance and others are not, the rules are complicated so it is best to get advice, especially if you have dependent children.
You can get advice about the rules the council has to follow from a Shelter advice centre, Citizens Advice or other local advice centre in your area. Use our directory to find one.
Who is entitled to temporary accommodation?
The council has a legal responsibility to provide longer term temporary accommodation for you if it is satisfied from its enquiries that you:
- are eligible for assistance, and
- are homeless, and
- are in priority need, and
- are not intentionally homeless, and
- have a local connection.
Each of these terms has a special legal meaning. It may take some time for the council to check whether you qualify.
While it is making its enquiries, it must provide emergency accommodation if it believes that you may be eligible for assistance, homeless and in priority need.
When can I move into the temporary accommodation?
You may be able to move into the temporary accommodation as soon as the council notifies you in writing that you are entitled to temporary accommodation. However, in areas where there is a shortage of housing, you may have to stay in the emergency accommodation that the council provided during its enquiries until somewhere suitable is available.
What will the temporary accommodation be like?
Councils can provide temporary accommodation in a range of different types of housing You may get a bedsit, a flat, a house, a place in a hostel or bed and breakfast. The accommodation may be run by:
- the council itself
- a housing association
- a private landlord
- a voluntary organisation.
From 1 April 2004, if you (or anyone in your household) have dependant children or are pregnant, you should only be placed in bed and breakfast in an emergency, and should not have to stay there for any longer than six weeks before more suitable housing is provided.
Will it be suitable?
The temporary accommodation has to be suitable for you. The council has to take a number of things into account when it decides whether the accommodation is suitable:
- how much rent you can afford to pay
- the condition of the accommodation
- whether it is the right size for your household
- where the accommodation is
- any health needs you may have
- social factors (such as whether you need to be close to support services, family or special needs schools).
If you are offered temporary accommodation that you don't think is suitable, get advice before you turn it down. If you refuse temporary accommodation that the council thinks is suitable for you, it may not have to give you any more help. In some cases, it may be better to accept an unsuitable offer because:
- you can ask the council to review its decision about whether the accommodation is suitable after you move in
- you will have somewhere to stay while the council reviews its decision
- you will have somewhere to stay if your review is unsuccessful.
Can I stay somewhere else instead?
Some councils may allow you to stay with family or friends even after the council has decided that you have a right to temporary accommodation. This can avoid stress, upheaval and expense. It is sometimes called being 'homeless at home'.
If you do this, you should still get extra priority on the waiting list for a permanent council place. This is because you are still classed as homeless even if you don't move into the temporary accommodation the council offers you.
Will I have to pay?
Yes, you will have to pay rent and you may have to pay other charges for things like meals or cleaning services. If you are on benefits or a low income you may be eligible for housing benefit, but this may not cover all the rent and it won't cover any other charges.
How long can I stay?
There is no limit to the amount of time you can stay. The council has to continue to provide temporary accommodation until you are:
- able to move into settled accommodation arranged by the council
- you are no longer eligible for assistance (this is quite rare, but may happen if your immigration status changes)
- you move out because, for example, you have found other accommodation where you would rather live
- you are evicted because of something you have done (such as rent arrears or antisocial behaviour)
- you refuse a final offer of settled accommodation that is suitable for you.
If you are in one of these situations, get advice immediately. If you need further help from the council, it may decide that:
- you are only entitled to advice because you are not eligible for assistance
- you are only entitled to very short term accommodation because you are intentionally homeless.
What if my circumstances change?
Your circumstances may change after the council has completed its enquiries and agreed that it has a responsibility towards you. For example, you may have a baby or split up with your partner. If this happens, you still have the right to temporary accommodation, but you may be asked to move into somewhere more suitable.
What if I have to leave?
If you have problems in your temporary accommodation, get advice immediately. It's usually a good idea to inform the council of the problems so that it can help you sort things out. The council has to find you temporary accommodation somewhere else if you have to leave because of something that wasn't your fault. For example, if you have to leave because:
- you are experiencing violence or harassment in the accommodation
- the accommodation belongs to a private landlord and s/he wants you to leave because s/he is selling the property.
If the council wants to evict you from your temporary accommodation, it has to inform you of the reasons why. If you are in this situation, get advice immediately.
An adviser can tell you whether you are entitled to any more help from the council and can help you consider your other housing options. Use our directory to find help in your local area.
What if I don't meet all the criteria?
The council may still be able to provide temporary accommodation for you even if you don't meet all the criteria:
- If you meet all the other criteria but are not actually homeless yet, the council may be able to help you stay in your current home. If it fails to do so and you lose your home, you will be entitled to temporary accommodation.
- If you meet all the other criteria but are not in priority need, the council is still allowed to provide temporary accommodation. However, it doesn't have to, so you are unlikely to get temporary accommodation in areas where there is a lot of demand for housing.
- If you meet the other criteria but the council decides that you are intentionally homeless, it should allow you to stay in temporary accommodation for a reasonable time to allow you to find somewhere else to live (usually 28 days).
- If you meet all the other criteria but don't have a local connection, the council can refer you to the council for another area in some circumstances. If this isn't possible (for example, because you are at risk of violence there), the council you applied to will have to help you.
If you are in one of these situations, an adviser can check whether the council's decision is legally correct, and can explain your options. Use our directory to find help in your local area.
