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Temporary Accommodation and Excluded Occupier Evictions in the United Kingdom

Temporary accommodation plays a crucial role in the United Kingdom’s homelessness safety net, providing safe short-term housing for households who are homeless or at risk of homelessness while the local authority assesses their situation and works to secure a more stable housing solution. [1] Many people do not see the full sequence of events behind the scenes [2] , which can lead to misunderstandings about why temporary accommodation ends, how permanent housing is offered, and why enforcement services are sometimes instructed. This article provides a structured overview of the process, from placement and assessment to offers, refusals, excluded occupier status and—where necessary—peaceful eviction.

Placement in temporary accommodation

When a household approaches a local authority for homelessness assistance, the council must determine whether it owes a housing duty under the Housing Act 1996 as amended by the Homelessness Reduction Act 2017. [3] If it appears that the household may be eligible, homeless or threatened with homelessness, and in priority need, the authority typically secures temporary accommodation [4] while enquiries are completed.

Priority need categories commonly include families with dependent children, pregnant women and some vulnerable adults, for example those with serious health conditions or at particular risk of harm. [2] Temporary accommodation is used to provide immediate safety and stability rather than to create a long-term tenancy. [4]

Variations in temporary accommodation types

The type of accommodation varies by area and commissioning arrangements. Common examples include:

  • Houses or flats managed by housing associations under contract to the council,
  • Council-owned dwellings specifically used for temporary accommodation,
  • Private properties leased to be used as temporary units,
  • Specialist supported housing with additional welfare or resettlement services.

Although these properties may look and feel like ordinary social housing, the legal basis is usually a licence linked to the council’s homelessness functions, not a long-term tenancy. The arrangement is intended to last only until a suitable long-term housing solution has been identified and offered. [4]

Offers of permanent or longer-term accommodation

After assessing the household’s circumstances and accepting that it owes a main housing duty, the local authority must take reasonable steps to secure that suitable accommodation is available. [5] Depending on local supply, this may include:

  • a social housing tenancy,
  • a permanent council tenancy,
  • a long-term housing association tenancy,
  • a private rented sector offer that meets statutory “PRS offer” requirements,
  • supported housing where ongoing support is needed.

Some authorities operate choice-based letting schemes, where households bid for properties. Others make direct offers. In both cases, offers made in discharge of the homelessness duty must be considered suitable in law. [2]

In assessing suitability, councils must have regard to the Homelessness Code of Guidance and relevant legislation. Factors typically considered include:

  • the size and layout of the accommodation,
  • affordability, including rent and associated costs,
  • location, especially access to schools, medical services, employment and support networks,
  • the overall condition and safety of the property.

Where placements are made outside the council’s district, additional guidance applies to ensure the household is not placed unreasonably far from critical services. [2] Once an offer meets these requirements, it can be used to discharge the main duty. [5]

Consequences of refusing an offer

Refusing an offer that the authority regards as suitable has significant consequences. The applicant usually has a right to request a review under section 202 of the Housing Act 1996, challenging whether the offer was in fact suitable. [6] If, after any review, the council upholds its decision that the offer was suitable, the main duty can be treated as discharged. [1]

Once the main duty is discharged, the council is no longer obliged to provide temporary accommodation under homelessness legislation. The temporary placement is therefore brought to an end. [1]

Termination of the temporary accommodation agreement

Termination of the temporary accommodation agreement is a statutory consequence of the homelessness duty ending, rather than a discretionary decision by the provider. The household no longer occupies under the homelessness duty and is treated as an excluded occupier under the Protection from Eviction Act 1977. [7]

The local authority will normally notify the property owner or managing provider that the placement has ended and that the property must be recovered so it can be used for another household in need. [4]

Status as an excluded occupier

Excluded occupiers are people who occupy under certain types of licences or agreements and who have fewer protections against eviction than most tenants. [7] Temporary accommodation provided as part of a council’s homelessness functions frequently falls into this category, particularly where accommodation is shared, linked to support or provided on a short-term basis. [4]

Excluded occupiers are generally entitled to “reasonable notice”, which may be relatively short. Unlike most tenants, there is no requirement for the landlord to obtain a court order before recovering possession. [7] This legal structure allows councils and providers to respond more quickly to changing demands on temporary accommodation. [4]

Obligations of the housing provider

Even without the need for a court order, providers must act lawfully and reasonably. In practice, this usually means: [7]

  • giving reasonable notice that the licence has ended,
  • explaining that the council’s homelessness duty has been discharged,
  • agreeing a departure date and arrangements for handing back the property.

Providers will often work with local authorities and support services to encourage a cooperative move-on. Enforcement is considered only where the occupier remains after notice has expired and voluntary departure has not been achieved. [4]

Necessity of enforcement

Houses and flats used as temporary accommodation are usually in high demand. Councils need to be able to place new households quickly, particularly those facing an immediate risk of street homelessness, domestic abuse or other serious harm.

When a household remains in temporary accommodation after refusing a suitable long-term offer and after the homelessness duty has been discharged, it can block a property that is urgently needed for another family. [1]

Continuing to accommodate in those circumstances can also create legal and financial difficulties for the provider and undermine the functioning of the homelessness system as a whole. [2] In this context, enforcement is the end point of a longer legal process, rather than an isolated decision. [7]

Role of enforcement services

Enforcement services are instructed only after the council has ended its homelessness duty, the provider has served notice and the occupier’s status as an excluded occupier is clear. [7] Their role is to assist the provider in regaining possession of the property in a lawful and controlled way.

Public debate may sometimes focus only on the visible act of eviction. However, by the time enforcement agents arrive, a substantial series of decisions, offers and legal processes will already have taken place between the council, the provider and the household. [2]

Operational approach

Professional enforcement agents typically emphasise peaceful and respectful practice. This may include: [7]

  • using peaceful entry and avoiding force wherever possible,
  • providing clear explanation of the legal position and the steps taken so far,
  • maintaining calm and respectful communication,
  • allowing reasonable time for the occupier to gather belongings,
  • signposting the household back to the local authority for further housing advice or support.

The aim is to ensure that the legal process is completed properly while households are treated with dignity at what is often a difficult time. [4]

Implications for the housing system

The overall effectiveness of the homelessness safety net depends on councils and providers being able to move households through temporary accommodation into longer-term housing. [2] When households remain in temporary accommodation after suitable offers have been declined and duties discharged, fewer properties are available for new applicants. [1]

Ensuring that temporary accommodation can be recovered when the legal duty ends:

  • helps councils offer emergency placements more quickly to new households,
  • supports lawful and transparent management of housing stock,
  • enables providers to meet contractual and statutory obligations,
  • contributes to a fairer allocation of scarce accommodation.

Summary

The point at which enforcement is instructed is rarely the beginning of the story. It follows assessments, offers of longer-term housing, decisions about suitability, potential refusals, reviews, the ending of the homelessness duty, notice and attempts to resolve matters cooperatively. [6] Enforcement is the final stage in a longer legal process that aims to balance the needs of individual households with the need to keep emergency housing available for others. [4]

References

  1. Housing Act 1996, Part VII — Homelessness framework.
  2. Homelessness Code of Guidance for Local Authorities.
  3. Housing Act 1996; Homelessness Reduction Act 2017.
  4. Homelessness Code of Guidance — duties to secure interim and temporary accommodation.
  5. Localism Act 2011 — private rented sector offer provisions.
  6. Housing Act 1996 s202 — statutory review of homelessness decisions.
  7. Protection from Eviction Act 1977 — excluded occupiers and licences.

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