Settled housing for homeless people
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If the council provides temporary accommodation for you because you are homeless, you can normally stay until the council arranges settled accommodation for you. This could be a council tenancy, a housing association tenancy or a tenancy with a private landlord. Any settled accommodation the council arranges must be suitable for you.
If the council has accepted that it has a duty to house you, you are probably entitled to stay in your temporary accommodation until the council arranges settled accommodation for you.
What counts as settled accommodation?
Only certain types of housing count as settled accommodation. These are explained in detail below.
You should consider any offer you receive carefully. If you are not happy with the offer or are unsure of your rights, get advice immediately. Use the Advice Services Directory to find a local advice centre in your area that can help you.
The council has offered me an assured shorthold tenancy with a private landlord
The council can offer you an assured shorthold tenancy in one of two ways, as follows.
If some members of your household are eligible for assistance and others are not
If you are in this situation, the council probably only has to offer you an assured shorthold tenancy with a private landlord. The council has no duty to offer you any other type of long-term accommodation and is unlikely to do so unless there is no privately rented accommodation available. The tenancy you are offered must be for a fixed-term of at least a year.
If you reject an offer like this, you may not be entitled to any further help. So you should get advice before turning down any offer the council makes.
To check if members of your household are eligible for assistance, see our section on eligibility.
If the council makes you a 'qualifying offer'
A qualifying offer must have been approved and arranged by the council. It must be for a fixed-term (such as one year) and the council has to be satisfied that the accommodation is suitable for your household.
The offer must be accompanied by a written statement that explains clearly that you don't have to accept the offer, but if you do, the council won't have to give you any more help.
The council's responsibility to help you only ends if you sign a written statement saying that you have accepted the offer and that you understand that this means the council doesn't have to give you any more help. If you don't get this information when the offer is made, then it doesn't count as a qualifying offer.
What rights would this tenancy give me?
You would have the same rights as any other assured shorthold tenant with a private landlord. This option would give you fewer rights than an offer of an assured tenancy or a council tenancy and the landlord could evict you quite easily. However, you may prefer to accept a qualifying offer of an assured shorthold tenancy if:
- there is very little council or housing association accommodation in your area, so you are likely to have to wait a very long time to be offered a place
- the council and housing association accommodation available in your area is in poor condition compared with the privately rented place you are offered.
If you refuse a qualifying offer, the council will still have to continue to provide temporary accommodation for you. Consider your options carefully and get advice before you decide.
If you accept a qualifying offer but you become homeless when the fixed-term ends, you can make a new homelessness application. However, you won't automatically be entitled to move back into temporary accommodation. The help the council would have to give you will depend on your circumstances at that time.
The council has offered me an assured tenancy
The council may be able to arrange an assured tenancy with a housing association or a private landlord. Most assured tenancies arranged by councils are likely to be with a housing association. This is because very few private landlords are willing to provide assured tenancies because they give greater rights than most other private tenancies.
What rights would this tenancy give me?
Assured tenants have stronger rights than assured shorthold tenants. They can normally stay in their homes indefinitely, as long as they stick to the conditions of their tenancy agreement. This is the case even if you have a private landlord.
How long will I have to wait?
In most areas, there is a waiting list for housing association tenancies, which could be very long. Homeless people usually get extra priority but you may still have to wait a long time.
If the council can find a private landlord who is willing to give you an assured tenancy, you may be able to move in more quickly.
The council has offered me a permanent council tenancy
The council may offer you a permanent council tenancy. It may be an introductory tenancy (a type of trial tenancy) for the first 12 months. This means that you can be evicted very easily if you don't pay the rent or cause nuisance to neighbours. If there are no problems, the introductory tenancy will automatically become a secure tenancy after one year. Secure tenants have many rights and can normally stay in their homes indefinitely, if they stick to the conditions of their tenancy agreement.
How long will I have to wait?
In most areas, you can only get a permanent council place through a waiting list, which could be very long. Councils have to give extra priority to certain groups when they decide who should get a council place first. Homeless people are entitled to extra points but in areas where there is a shortage of housing you may still have to wait a long time for a permanent tenancy.
Will I get a choice?
You may be offered a choice of more than one permanent council home, but this is not guaranteed. In some areas, you may only get one offer. If the council makes a final offer, you should not turn it down without getting advice first. If you do, you are very unlikely to get another offer and the council can ask you to leave your temporary accommodation.
An adviser in your area should be able to give you an idea of how many offers your local council normally makes. Use the Advice Services Directory to find a Shelter advice centre or Citizens Advice in your area. Alternatively, ask the council for information about its policy on providing a choice of accommodation.
What is a 'final offer'?
An offer is not a final offer unless it is made in writing and says that it is a final offer. The council has to be satisfied that the accommodation you are offered is suitable for you and must also inform you that:
- you have the right to ask the council to review the offer if you think the accommodation isn't suitable
- if you refuse the offer the council won't have to help you any more and you will have to move out of your temporary accommodation.
If you are not given this information when the offer is made, then it doesn't count as a final offer.
What if I don't like the offer?
If you are offered a council tenancy that you don't think is suitable, get advice before you turn it down. If you refuse a final offer that the council thinks is suitable for you, it may not have to give you any more help - the offer will be withdrawn and you will have to leave your temporary accommodation. 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
- you may be able to request a transfer or exchange your home with another council tenant.
Get advice before you make a decision to turn down any offer. An adviser can check whether the council has followed the correct procedure and look into whether or not you are likely to get a better offer. S/he can help you to negotiate with the council and may be able to help you arrange an exchange.
What happens if I accept an offer?
If you accept the settled accommodation that you are offered, the council will no longer have a responsibility to provide temporary accommodation. This will be the case regardless of whether you accept a council tenancy, an assured tenancy or an assured shorthold tenancy. So get advice about the rights you would have before you make a decision about whether to accept or refuse any offer the council makes.
Can I arrange my own settled accommodation instead?
Yes, if you prefer to find your own long-term accommodation you can do so. However, you will have to give up the temporary accommodation the council has provided and it will no longer have a responsibility to help you.
