Unsuitable council accommodation
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you apply to the council for help as a homeless person, it may have to provide you with temporary accommodation. If the accommodation the council offers you isn't suitable, you may be able to take action.
Unsuitable emergency accommodation
Challenging the suitability of emergency accommodation provided while the council is making its enquiries is usually very difficult. It can only be done by going to court. You will need help from an adviser. Use our directory to find one in your area.
Unsuitable temporary accommodation
If the council has finished its enquiries and offers longer-term temporary accommodation that isn't 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.
It can be difficult to get the council to offer alternative temporary accommodation. An adviser can look into whether you have a chance of getting the council to offer you something else. Use our directory to find a Shelter advice centre or Citizens Advice in your area.
Requesting a review
You can ask the council to review its decision about whether the accommodation is suitable for you even if you decide to accept it. In most cases this is safer than refusing to accept the offer. This is because:
- if you request a review and it is successful, the council will have to provide you with more suitable accommodation, even if you accepted the original offer
- if your review fails, you probably won't be offered any alternative accommodation but can stay where you are - if you refused the original offer, the council may not have to give you any further help at all.
Reviews about the suitability of accommodation can be very complicated, so get advice if you want to request one. In making a review decision, the council has to consider various different factors. These are explained below.
What the council has to consider
Any accommodation the council offers you after it has finished its enquiries has to be suitable. When the council decides whether the accommodation is suitable, it has to take into account:
- how much rent you can afford to pay
- what temporary accommodation is available in the area
- the condition of the accommodation
- whether it is the right size for your household
- where the accommodation is
- social factors (such as whether you need to be close to family, support services, or special schools)
- your health (for example, if you have difficulty getting up stairs)
- whether there is a risk of racial harassment or domestic abuse.
The council should look at all of these factors and take an overall view of your situation. It should consider the effect that moving to the accommodation would have on the health and welfare of your whole household.
What is affordable
In deciding whether the accommodation is affordable, the council has to look at:
- your savings and income (including wages, benefits and maintenance payments from a spouse or former spouse)
- the costs of the accommodation (including rent, service charges, council tax)
- other payments you may have to make, such as any money you owe on a mortgage, or maintenance payments to a spouse or former spouse
- other reasonable living expenses (such as travelling costs, food).
Generally speaking, if taking the accommodation would mean that you would end up with less money than you would have to live on if you were claiming benefits, the accommodation should not be considered to be suitable.
What is available in the area
The council can take into account the temporary nature of the accommodation offered and the type of housing available in the area when deciding whether it is suitable. In areas where there is a lot of demand for housing it may be difficult to persuade the council that the accommodation is unsuitable. In areas where there is an extreme shortage of housing, bed and breakfast accommodation a long way away from your former home may be considered suitable. However, if you are pregnant or have dependent children, it will only be suitable in an emergency and even then, only for a maximum of six weeks.
Unsuitable settled accommodation
If the council offers you settled accommodation that you consider to be unsuitable, get advice before you make a decision.
Most councils have a policy of only making one offer of permanent accommodation to homeless households. If you refuse an offer the council considers suitable for you, it may not have to give you any more help. If this happens and you apply as homeless again in the future you may be considered to have made yourself homeless intentionally.
You can ask for a review of the suitability of any permanent accommodation you are offered. Most councils will ask you to accept the offer whilst they consider the circumstances of your review. You should get specialist advice straight away. It is important not to refuse the offer before getting advice as the council may not have to give you any more help. Use our directory to find a local advice centre in your area and get advice before you decide.
