1. Introduction
1.1 This policy sets out the council’s approach to the provision and management of temporary accommodation for households who are homeless or threatened with homelessness.
1.2 This policy applies to:
- Applicants accommodated under the interim duty to accommodate pursuant to Section 188 of the Housing Act 1996, while enquiries into homelessness are undertaken; and
- Applicants accommodated under the main housing duty pursuant to Section 193 of the Housing Act 1996, pending an offer of suitable settled accommodation.
1.3 The policy aims to ensure that temporary accommodation is provided lawfully, fairly and consistently, while making effective use of limited housing resources and minimising disruption to households.
1.4 Legislative and policy framework
This policy has been developed with regard to the following legislation, statutory guidance and case law:
- Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2017)
- Localism Act 2011
- Equality Act 2010
- Children Act 1989
- Children Act 2004
- Homelessness (Suitability of Accommodation) (England) Orders 1996, 2003 and 2012
- Homelessness Code of Guidance for Local Authorities
- Supplementary Guidance on the Homelessness Changes in the Localism Act 2011
- R (Carstens) v Basildon DC [2007]
- R v Kensington and Chelsea LBC ex p Kujtim [1999]
- Nzolameso v City of Westminster City Council [2015]
2. Key principles
2.1 The council will seek to prevent homelessness wherever possible. Where homelessness cannot be prevented, the council will provide temporary accommodation in accordance with its statutory duties.
2.2 Temporary accommodation is intended to be short term. The council will work proactively to secure suitable longer‑term accommodation as quickly as possible.
2.3 The council uses a range of accommodation types, including:
- self‑contained accommodation
- managed shared or cluster accommodation
- hotel or bed and breakfast accommodation, where unavoidable
- refuge and safehouse
2.4 Where it is not reasonably practicable to accommodate a household locally, accommodation may be provided outside the council’s administrative area.
2.5 All decisions relating to temporary accommodation will take account of suitability, affordability, safeguarding considerations and the household’s individual circumstances.
3. Interim and temporary accommodation placements
3.1 Applicants owed an interim duty under Section 188 of the Housing Act 1996 may be placed in short‑term accommodation while enquiries into their homelessness application are completed.
3.2 Where the council accepts a main housing duty under Section 193, the applicant will be accommodated in temporary accommodation until suitable settled housing becomes available.
3.3 The council will seek to accommodate households within its area wherever reasonably practicable. However, placements outside the area may be necessary due to availability, cost or suitability constraints.
4. Use of bed and breakfast accommodation
4.1 In line with legislative requirements and statutory guidance, the council will avoid placing families with dependent children and pregnant women in bed and breakfast accommodation.
4.2 Where no suitable alternative is available and bed and breakfast accommodation is used for families, the council will ensure:
- the placement is for the shortest possible period; and
- the household is moved to self‑contained accommodation within six weeks, unless exceptional circumstances apply.
5. Suitablity and affordability
5.1 The council will assess the suitability of all temporary accommodation placements in accordance with statutory requirements.
5.2 Consideration of suitability will include, but is not limited to:
- condition, size and layout of the accommodation
- health, disability, medical and mobility needs
- location and proximity to education, employment, healthcare and support networks
- risks of violence, harassment or exploitation
- the welfare and best interests of children
- affordability
5.3 In assessing affordability, the council will ensure that accommodation costs do not reduce the household’s income to a level that would prevent them from meeting essential living expenses, having regard to benefit entitlement and reasonable household expenditure.
5.4 Medical or disability‑related factors must be supported by relevant evidence. Conditions that would be present in any accommodation will not normally render a temporary placement unsuitable.
6. Pets
6.1 The council recognises the importance of pets to many applicants. However, most temporary accommodation providers operate a no‑pets policy, which limits the availability of accommodation for households with pets.
6.2 Pets are not considered part of a household for the purposes of homelessness legislation. Where no suitable accommodation is available that permits pets, this will not be taken into account when determining the suitability of an offer.
6.3 In line with the Homelessness Code of Guidance, the Council will be sensitive to the importance of pets and will make reasonable enquiries to identify pet‑friendly accommodation where practicable.
6.4 Registered assistance animals are not regarded as pets and are protected under equality legislation. Accommodation providers cannot lawfully refuse a placement on this basis. Emotional support animals are not legally recognised in the same way and do not attract the same protections.
7. Safeguarding and risk management
7.1 The council is committed to safeguarding children and vulnerable adults.
7.2 Relevant safeguarding or risk information will be shared with accommodation providers prior to placement. Providers may refuse placements where risks cannot be safely managed.
7.3 Where placements are difficult to secure due to risk factors, the council will continue to explore all reasonable options in order to meet its statutory duties.
8. Offers, refusals and ending accommodation
8.1 The council will usually make one offer of temporary accommodation. We strongly encourage applicants to accept this offer. We will consider each case individually and make decisions based on the applicant's circumstances.
8.2 The provision of temporary accommodation shall not be taken as evidence that the council has determined that the applicant is in priority need. Any such decision will be made only after completion of the council's statutory enquiries.
8.3 Applicants do not have a right to view temporary accommodation prior to placement.
8.4 Where an applicant refuses an offer, they must provide reasons. The council will consider whether the accommodation offered was suitable.
8.5 If accommodation is found to be unsuitable by the council, the offer will be withdrawn and an alternative suitable offer will be made.
8.6 Applicants may request a review of the suitability of accommodation provided under Section 193 of the Housing Act 1996, in accordance with Section 202 of the Act. The suitability of interim accommodation provided under Section 188 is not subject to a statutory right of review; however, representations will be considered and suitability reassessed where appropriate.
8.7 The council may bring the provision of temporary accommodation to an end where an applicant’s conduct amounts to a persistent and unreasonable refusal to comply with reasonable conditions relating to occupation of the accommodation, and where it is reasonable and proportionate to do so.
8.8 Where no homelessness duty is owed, applicants will normally be required to leave temporary accommodation within:
- seven days for single households; or
- twenty‑eight days for families, in line with relevant local protocols.
8.9 Where a homelessness decision is under review, accommodation during the review period will be provided at the council’s discretion, following consideration of the individual circumstances and merits of the case.
9. Out-of-area placement and prioritisation
9.1 Placements outside the council’s area will only be made where suitable accommodation cannot reasonably be secured locally.
9.2 The council will record the reasons why it was not reasonably practicable to accommodate the household locally, taking account of availability, affordability and the household’s circumstances.
9.3 Where a household is placed outside the area, the receiving local authority will be notified as soon as practicable.
9.4 The council will seek to minimise disruption and ensure access to support services, particularly for vulnerable households.
9.5 Where local accommodation is limited, priority may be given to households with specific needs, including significant health conditions, safeguarding concerns, caring responsibilities, special educational needs, examination commitments, or risks related to domestic abuse.
10. Emergency and out-of-area placements
10.1 Where accommodation duties arise outside normal office hours, applicants will be placed in the most appropriate accommodation available at that time.
10.2 The council will arrange or fund travel to accommodation where necessary.
11. Equality and diversity
11.1 The council will have due regard to its duties under the Equality Act 2010 when making decisions relating to temporary accommodation.
11.2 Reasonable adjustments will be made where required to ensure fair and equitable access to services.
12. Procurement and commissioning
12.1 All procurement and commissioning activity will be undertaken in accordance with the council's Procurement Strategy, Contract Procedure Rules and relevant legislation to ensure transparency, value for money and compliance with statutory duties. The council will seek to maintain a sufficient supply of suitable accommodation to meet demand and fulfil its homelessness responsibilities.
13. Provider standards and contract management
13.1 The council will only work with providers that can demonstrate appropriate standards of accommodation, management and safeguarding. Providers must comply with all relevant housing, health and safety, equality and regulatory requirements. The council will carry out due diligence before commissioning accommodation and will monitor providers through inspections, contract management arrangements and the investigation of complaints. Where standards are not met, the council will take appropriate action, including requiring improvements, suspending referrals or ending contractual arrangements.
14. Monitoring and review
14.1 The operation and impact of this policy will be monitored annually by the Housing Options Manager.
14.2 The policy will be reviewed after twelve months and annually thereafter.
14.3 The outcome of reviews will be reported to relevant senior management and the appropriate portfolio holder.
15. Compliance statement
Nothing in this policy is intended to override or restrict the council’s statutory duties or discretion under the Housing Act 1996, the Homelessness Code of Guidance, Homelessness Reduction Act or relevant case law and legislation.
Document control
Author: Housing Options Manager
Initial Update: 10 July 2026
Legal Review: 23 July 2026
Portfolio Holder Review: 13 August 2026
Executive Director Approval: 13 August 2026
Date Effective: 14 August 2026
Review Date: August 2029
