Suitability of bed and breakfast accommodation
Bed and breakfast accommodation is only suitable for a homeless person as a last resort in emergency cases.
- What is bed and breakfast accommodation
- Bed and breakfast rules for pregnant women and families with children
- Bed and breakfast rules for young people and care leavers
- Bed and breakfast rules for people who apply within two years of arriving in the UK
- Bed and breakfast hotels and HMOs
- Minimum standards of repair and safety
- Suitability over time
- Reasonableness over time
- How to challenge suitability decisions
- Table: Rules on B&B use for different groups
What is bed and breakfast accommodation
Bed and breakfast is defined as accommodation which is not separate, self-contained premises and either:[1]
cooking facilities are not provided
a toilet, personal washing facilities or cooking facilities are shared between more than one household
It does not include accommodation which is owned or managed by the local authority, a registered social landlord, or a voluntary organisation.[2]
From 1 June 2022, the definition of bed and breakfast does not include accommodation provided in a private dwelling.[3]
Use of bed and breakfast accommodation
Bed and breakfast accommodation can only be suitable as temporary accommodation.
Bed and breakfast accommodation should only be used as a last resort, such as where emergency accommodation is required at very short notice, or in rare cases where it is the best option for the homeless person.[4]
It should not be used routinely without considering its suitability for the individual household.[5]
Where bed and breakfast is used, it should be for the shortest period possible and of a good standard. Special rules apply to specific groups of people.
Bed and breakfast rules for pregnant women and families with children
Bed and breakfast accommodation is not suitable for a household with family commitments and children.[6] Living in bed and breakfast accommodation can be particularly detrimental to the health and development of children.
People whose household includes dependent children or a pregnant woman must not be housed in bed and breakfast accommodation unless there is no other suitable accommodation available, and only for a maximum of six weeks.[7]
Where bed and breakfast is used to accommodate a person with family commitments, the authority must notify the person that it can only be for a maximum of six weeks.[8]
When the rule applies
The six week limit on use of bed and breakfast applies to accommodation secured under the interim and main housing duty. The Homelessness Code of Guidance suggests that it also applies to the relief duty and other duties introduced by the Homelessness Reduction Act. [9]
If the authority refers the person to another local authority, for example under local connection provisions, the six-week period will begin again. If there is a change in circumstances that brings a person accommodated in bed and breakfast accommodation within the scope of the order (for example if a member of the household becomes pregnant), the six-week period begins from the date the person informs the authority of the change.[10]
The prohibition on the use of bed and breakfast for people with family commitments does not apply where the authority is using its power to accommodate pending a decision on review or appeal.[11]
Bed and breakfast rules for young people and care leavers
Bed and breakfast rules for people who apply within two years of arriving in the UK
The six-week limit on use of bed and breakfast for people with family commitments does not apply to a person who makes a homeless application within two years of the date when they arrived in the UK. This change applies to homeless applications made on or after 1 June 2022. [14]
A person with family commitments should still only be accommodated in bed and breakfast if there is no other suitable accommodation available.
This change is likely to affect people who have been resettled in the UK in the last two years. For example people who have fled war in Ukraine and Afghanistan and have been granted leave through a resettlement scheme.
People returning to the UK
There is an exception for a person who had a right to occupy accommodation in the UK for an uninterrupted period of six months or more in the three years before they most recently arrived here.[15]
This is likely to benefit British citizens and others returning to the UK after a period of previous residence. The six-week limit on use of bed and breakfast applies to them.
Bed and breakfast hotels and HMOs
Where a bed and breakfast hotel is used to accommodate a homeless person as their main residence, it is subject to the standards for health and safety and overcrowding that apply to HMOs.
Local authorities need to be satisfied that fire safety regulations have been adhered to before deciding if accommodation offered to a person is suitable.
Landlords, owners or managing agents of HMOs have a duty to carry out a fire risk assessment of the common parts and implement fire safety measures to manage the risk of fire in the building. They must ensure fire safety equipment or equipment which may represent a fire hazard, is maintained in good working order, and in accordance with the manufacturers instructions. [16] Landlords are also required to ensure that furniture and furnishings supplied comply with safety standards [17]
Local authorities need also to be satisfied that regulations about smoke and carbon monoxide detectors have been complied with.
Local authorities can set their own minimum standards for bed and breakfast and other shared accommodation provided as temporary accommodation.[18]
Minimum standards of repair and safety
When deciding whether any accommodation offered in discharge of homelessness duties is suitable the local authority must consider legal requirements:[19]
on slum clearance and overcrowding
under the Housing Health and Safety Rating System
on licensing of HMOs and other accommodation
As a minimum, authorities should ensure that any accommodation is free of category 1 hazards,[20] and is fit for human habitation.[21]
An authority is not under a duty to carry out a full inspection and a hazard assessment under the Housing Health and Safety Rating System before deciding if accommodation offered to a person is suitable, even when the person complaints about noise and its conditions. The authority is entitled to decide on the basis of evidence already available to them whether an inspection is necessary.[22]
Suitability over time
The suitability of accommodation is to be looked at over time and depends on the person's individual circumstances.[23]
The suitability of accommodation can change over time. Somewhere might be suitable for occupation for a short period while the authority is looking for alternative accommodation. The same accommodation might not be suitable if it is to be occupied for a longer period.[24] This does not mean that there is a general lower standard of suitability for temporary accommodation.[25]
Where a local authority’s review letter said that after considering the relevant law, guidance, and the person’s circumstances, it had found the temporary accommodation was unsuitable, the authority could not later argue that the decision was to be read as meaning the accommodation was suitable in the short-term.[26]
In one case, a local authority identified in an applicant's housing register application that the household needed a three bedroom level-access property, but they remained in two bedroom temporary accommodation with stairs for another 14 months, and for three years and eight months in total. The authority was found to be in breach of the main housing duty as any short or medium term for which the accommodation could have been suitable had passed.[27]
Reasonableness over time
Reasonable to continue to occupy is to be looked at over time. A person can be statutorily homeless and it could be reasonable for them to remain where they are for the short or medium term, while the local authority takes steps to secure other accommodation. How long is reasonable for them to remain depends on the person's particular circumstances.[28]
The local authority should look ahead to the foreseeable future as well as the present situation. If the accommodation is unreasonable to occupy over the medium to long term the authority must consider how long in the short term it is reasonable for the person to remain.[29]
How to challenge suitability decisions
It is usually in the person’s best interests to accept the offer and request a suitability review.
A person can request an internal review of an authority's offer of temporary or permanent accommodation.
A person does not have a statutory right to an internal review of the suitability of interim accommodation offered by a local authority while carrying out homelessness inquiries. The suitability of interim accommodation can only be challenged by way of judicial review.
Find out more about challenges to accommodation suitability.
Table: Rules on B&B use for different groups
| Homeless person | Use of B&B suitable |
|---|---|
| pregnant women | in emergency, for maximum six weeks |
| family with children | in emergency, for maximum of six weeks |
| people aged 16 and 17 year | unsuitable, even on an emergency basis |
| care leavers aged under 25 | unsuitable, even on an emergency basis |
| family with children who apply within two years of arriving in UK | only if no more suitable accommodation is available, for unlimited period since 1 June 2022 |
| people who apply within two years of arriving in UK | only if no more suitable accommodation is available, for unlimited period since 1 June 2022 |
Last updated: 1 March 2024