Temporary Housing

What is Temporary Housing ?

Temporary housing usually refers to short term accommodation which is provided to homeless people or people at risk from being homeless.

It could be provided as  

• room in a shared private house
• private, council or housing association property
• hostel, refuge or other housing with support

Although it is for short term occupation, people could remain for months or even years depending on the needs of the local authority.

A person or family may be housed in this type of accommodation by the local Council or probationary service.

If a person is  homeless or threatened with homelessness, they can apply to the council to help them find somewhere to live. Before it decides what kind of help to offer them, the council will need to look into their situation. It will offer them temporary accommodation while they are doing this if:

• it believes they are homeless and eligible for assistance, and
• they have nowhere else where they can stay.

When can the occupiers be asked to leave temporary accommodation?

If the council wishes the occupier to leave the temporary accommodation, they should first give reasonable notice in writing.

They may wish to do this because,

• because they have broken a condition in the agreement
• because the council no longer has a duty to help them
• because the council has found them a permanent home.

It is always worth reminding people that although this may be unfair, by remaining in the property, these occupiers may be denying accommodation to someone at risk of sleeping in the streets.

Licenses Granted to Homeless Applicants

Many landlords and letting agents provide accommodation to the local authorities for the purpose of proving temporary accommodation to homeless applicants. In many cases, the local authority may discharge their duties to the homeless applicant leaving the landlord or agent with the obligation to evict the occupant.

The courts have held that homeless applicants will not be subject to protection under the Protection from Eviction Act 1977 when granted a licence to occupy accommodation under the following sections of the Housing Act 1996 [4]:

• section 188 (accommodation pending inquiries), or
• section 190 (duties to an applicant who has been found intentionally homeless).

Occupiers who are placed in interim accommodation while the authority is carrying out inquires into their homelessness application will be an excluded occupier

If after having provided an applicant with temporary accommodation, the local authority accepts that it owes the main housing duty to the applicant and tells the applicant to continue to occupy the temporary accommodation for an indefinite period of time pending identification of suitable long-term accommodation, the applicant will be an occupier with basic protection under the Protection from Eviction Act 1977 [6]. This means the landlord will require a possession order to lawfully evict the occupant.

A Hostel has a specific definition and the licensee must share facilities with other occupiers, such as bathroom, toilet, cooking and cooking facilities.

Homes For Ukraine Scheme

The Homes for Ukraine scheme was launched on 14 March 2022. During the first week over 150,000 people registered as prospective hosts or sponsors to offer accommodation to Ukrainian refugees. The Home Office announced that as at 24 March, 20,100 visas had been issued. 

The invitation by a host to share accommodation is not contractual and does not create a tenancy but a licence to occupy; similar to inviting friends to stay. 

The Department for Levelling Up, Housing and Communities have stated that Ukrainian guests will be excluded occupiers meaning that they do not get protection from eviction and a court order would not be required before eviction. 

Section 3A (2)(a) Protection from Eviction Act says that a tenancy or licence where the occupier shares accommodation with the landlord or licensor is excluded. This would be true where the guest is sharing with an owner or a tenant although 

Is a Court order required to evict excluded occupiers?

Providing that the council or other authority no longer has a duty to help them and has given them notice, then a Court order is not required.

People or families housed in this way do not usually have protection from eviction under the Protection from Eviction Act 1977 and are classed as an excluded occupier.

The term “excluded” refers to being excluded from protection from eviction under the Protection from Eviction Act 1977. This means that under an excluded license, the landlord (or licensor) does not have to give notice to the licensee and there is no requirement to obtain a possession order from a court to lawfully evict an excluded licensee. The landlord can simply take possession of the premises.

However If after having provided an applicant with temporary accommodation, the local authority accepts that it owes the main housing duty to the applicant and tells the applicant to continue to occupy the temporary accommodation for an indefinite period of time pending identification of suitable long-term accommodation, the applicant will be an occupier with basic protection under the Protection from Eviction Act 1977 . This means the landlord will require a possession order to lawfully evict the occupant.

Other Types of Excluded Occupiers

It isn't just temporary housed occupants that may be defined as an Excluded Occupier.

An excluded occupier can be a lodger, family members who occupy premises without a lease (and importantly without being asked to pay rent) or people with no right to rent where the Home Office has served notice.

Below is a list of occupants who can be defined as excluded from Protection from Eviction Act

• people sharing accommodation with a resident landlord
• former trespassers granted temporary rights to occupy
• people renting holiday lets
• people occupying accommodation rent free
• asylum seekers in UKVI accommodation
• licensees in public sector hostels
• people with no right to rent where the Home Office has served notice

It is important to check with your solicitor before carrying out the eviction.

Use of Force

It is an offence for any person 'without lawful authority' to use violence against someone else to secure entry to premises under Section 12 of the Criminal Law Act 1977.

We would always suggest using experienced Enforcement Agents (Bailiffs) in order to safely carry out evictions of this type.

Our Agents

Our agents are trained in vulnerability and deal will carry out instructions empathetically, discreetly and with respect.

We will always signpost your tenant to services which can help them.

We carry out static and dynamic risk assessments and will keep you constantly updated (if required)

Illegal Evictions

Local authorities have the power prosecute for illegal eviction.

The police can also arrest a person who is committing or is about to commit the criminal offence of illegal eviction.

If a landlord, their agent or any other person is found guilty of illegally evicting an occupier, they can be fined or sentenced to imprisonment

Illegal eviction is additionally a banning offence under the Housing and Planning Act 2016, meaning that if found guilty, the landlord or agent could lose the right to rent out properties

I'm unsure how to proceed.

Get in touch with us by phone or email. We have a great deal of experience and expertise in dealing with temporary housing, We will only ever give you the best advice from the information you supply.