Council & Housing Tenants - Council Tenancies

This content applies to England only. Why?.. Housing laws vary between England and Scotland. This info applies to England only.

If you're living in temporary housing arranged by the council because you made a homelessness application, you have limited rights. But the council can't normally evict you unless you break the terms of your agreement, for example, by not paying the rent or causing nuisance.

It is important to remember that this page only applies to people who are in temporary accommodation and who have the council for a landlord. Many people in temporary housing have a private landlord or a housing association landlord instead. If this is the case, you may have different rights, so get advice.
Contents

* Is my accommodation classed as 'temporary'?
* What legal status do I have?
* How long can I stay?
* Can the council evict me?
* When will I get a longer-term tenancy?
* What are the rules on rent and rent increases?
* Who is responsible for repairs?
* Can I take in lodgers or sublet the accommodation?
* Can I get a transfer or exchange?
* What if the accommodation is unsuitable?
* Can I move somewhere else?
* Where can I get help and support?
* What if I have a complaint?

Is my accommodation classed as 'temporary'?

You probably live in temporary housing if it was arranged by the council after you made a homelessness application and they have not offered you a permanent tenancy through the waiting list. Even if you have been living in your current home for several years, you may still have a temporary agreement.

What legal status do I have?

If you have a written agreement, check to see if it says what your status is. Most people living in temporary accommodation are occupiers with basic protection or excluded occupiers, so it is much easier to evict them. You may have a license (which gives you personal permission to live there) rather than a tenancy (which gives you a legal right).

Most people living in temporary housing have basic protection from eviction but you may be an excluded occupier if:

* you live in a hostel that is owned or managed by the council, or
* the council hasn't made a decision about your homelessness application yet (for example, if they are still looking into your situation but have arranged emergency or interim housing while they do this).

If you are living in emergency or interim accommodation, you must be given reasonable notice if the council wants you to leave. This could be only for a short period. Depending on its decision on your homeless application, the council may have a duty to accommodate you elsewhere.

How long can I stay?

Once the council finishes its enquiries into your homeless application and decides that they have a responsibility to house you, there is no limit to how long you can stay in the temporary accommodation as long as:

* it remains suitable for you (see below)
* you stick to any conditions that the council has included in your agreement.

You can live there until the council arranges settled accommodation for you or until you find a place you would prefer to live.

If you choose to leave the temporary accommodation, the council may no longer have a responsibility to help you and you will probably get less priority on the waiting list for permanent council or housing association homes.

Can the council evict me?

Yes. People living in temporary accommodation can be evicted much more easily than other council tenants. The most common reasons for eviction include:

* refusing an offer of suitable settled accommodation
* causing nuisance to neighbours
* not paying the rent or paying it late on a regular basis.

The council doesn't have to prove a legal reason for the eviction but they have to follow the correct procedure. The rules are different depending on whether you are an occupier with basic protection or an excluded occupier:

* If you are an excluded occupier, they only have to give you reasonable notice to leave, which could be verbal and at very short notice.
* If you are an occupier with basic protection, the council normally has to give you at least four weeks' written notice and get a court order to evict you.

If you have a fixed term agreement (for six months, for example), the procedure may be different.

If you are being asked to leave your temporary accommodation, the council may have to house you somewhere else. This will depend on whether the council has fulfilled its duty to you following your homeless application.

Get advice immediately if you are threatened with eviction for any reason. It may be difficult to find anywhere else to live if you don't take action quickly. An adviser can check whether there is any way you can stop or delay the eviction (for example, by sorting out a benefit claim or settling a disagreement) or whether the council has a duty to house you elsewhere.

When will I get a longer-term tenancy?

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. How long you will have to wait will depend on how much demand for housing there is in your area, how much priority you get on the waiting list, and any arrangements the council has with other landlords in their area. People who are living in temporary housing should get extra priority on the waiting list but will not necessarily be housed first.

What are the rules on rent and rent increases?

The council sets the amount of rent you have to pay for. Your rent must always be your top financial priority as you could be evicted if you don't pay your rent. If you have a low income, you may be able to claim housing benefit to help with the cost. An adviser can check that you are getting the amount you are entitled to. Your council will give you periodic rent statements showing how much rent was due and how much rent was paid.

The council normally has to give you written notice before they can increase the rent. Read your agreement to see what it says about how and when they can do this. If the council has followed the correct procedure, it is usually very difficult to challenge rent increases, even if they seem unfair. Be sure to update your housing benefit claim if the council increases the rent. This will be done automatically if the council is your landlord, but it may not be if you have been housed through a housing association or a private landlord. If your claim is not updated, you could end up being evicted for rent arrears.

Who is responsible for repairs?

The council should give you information about what repairs you are responsible for, which usually includes internal decoration and putting right any damage you cause. The council is usually responsible for most other repairs, including any problems with the roof, guttering, windows, doors and brickwork. They also have to ensure that the plumbing, gas and electricity are working safely.

If your home needs repairs, report the problem to the council immediately. They should have a 24-hour service for emergencies and proper procedures for carrying out any work involved. If the repairs aren't carried out or are done badly, get advice. Don't stop paying the rent as you could risk being evicted.

Can I take in lodgers or sublet the accommodation?

While you are in temporary accommodation you do not have the right to take in a lodger or sublet part of your home, unless the council gives you permission. If you do so, both you and the person you rent to can be evicted very easily.

Can I get a transfer or exchange?

Not while you are in temporary accommodation. You will have to wait until you get settled accommodation. Even then, it will only be possible if you get a secure tenancy, an introductory tenancy, or a housing association tenancy.

What if the accommodation is unsuitable?

If the accommodation the council provides is unsuitable for your household, you can ask the council to look into your situation again to check that it has assessed your needs properly. You can ask the council to do this even if you have already accepted and moved in. This is usually a better option than refusing the offer, as if the offer is not subsequently withdrawn you may not get another one.

In areas where there is very little housing available, accommodation a long way away from your former home may be considered suitable. Bed and breakfast accommodation is normally considered suitable unless you have children. Families with children can only be housed in bed and breakfast in an emergency, and even then, normally only for a maximum of six weeks. After that, the council is legally required to find you somewhere more suitable to live, so get advice immediately if they don't.

Can I move somewhere else?

Yes, but you should get advice first. You are free to move somewhere else if you choose, but if you do so you will probably no longer be entitled to accommodation from the council and may lose priority on the waiting list.

Also, if you need to apply as homeless again in future, the council may be able to argue that you made yourself homeless intentionally, by giving up the accommodation it had arranged for you.

If you're certain that you want to leave and won't be coming back, it's very important to give proper notice. Otherwise, you will still be responsible for paying the rent even after you leave.

Where can I get help and support?

If you're having problems in temporary housing for any reason, get in touch with a local adviser. Don't wait until things get really bad. If you end up homeless again, it may be more difficult to get help from the council in future. An adviser in your area may be able to talk to the council on your behalf and help you get together any documents or information the council asks you for.

They may also be able to help you by arranging:

* practical help (for example, if you have mobility problems)
* mediation services to help sort out disagreements with others
* treatment and support to help you with drug or alcohol problems
* advice on how to deal with rent arrears or other debts
* help if you have mental health problems or learning disabilities.

What if I have a complaint?

If you think the council isn't treating you unfairly or has failed to fulfil its responsibilities, you can complain using their official complaints procedure. If you're not happy with the response you get, you can complain further to the local government ombudsman. Contact a local advice agency who can help you do this.

All Information Correct at time of Publishing.. Curtesy Of Shelter .. Dated October 2009

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