Many people in temporary accommodation expect to be there for weeks. Instead, they end up there for months or years. Here is what the law says, what your
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Many people in temporary accommodation expect to be there for weeks. Instead, they end up there for months or years. Here is what the law says, what your rights are while you wait, and what you can do if the wait drags on.
The short answer
There is no legal time limit on how long a council can keep you in temporary accommodation. But the home must stay suitable the whole time. If it becomes unsuitable, you have the right to ask for a suitability review. The council must also help you find settled housing. It cannot leave you in temporary accommodation forever without making real efforts to move you on.
What the law says
When a council accepts a full housing duty under Section 193 of the Housing Act 1996, it must find you somewhere to live. At first this is temporary accommodation. The council must then take reasonable steps to help you move into settled housing.
The duty carries on until one of these happens:
- You accept a suitable offer of settled housing.
- You turn down a suitable offer without a good reason.
- You become homeless again through your own actions.
- You stop being eligible.
- You tell the council you no longer need help.
None of these has a fixed time attached. So the council's duty can last for years.
What the courts have said
Courts have found that councils must take real steps to find settled housing. They cannot just leave people in temporary accommodation with no plan. But in practice, the shortage of social housing means waits of two, three, or even five years are common in high-demand cities.
A council is not automatically in breach of its duty just because you have waited a long time. It is in breach if it has failed to take reasonable steps. For example: not putting you on the housing register, not bidding on suitable homes for you, or not raising your priority when your situation changes.
Your right to ask for a suitability review
Your temporary accommodation may be unsuitable. Maybe it has become too small for your family. Maybe it is in the wrong area for your children's school. Maybe it has serious disrepair, or a health condition that the home makes worse. If so, you can ask the council for a suitability review.
The council must carry out the review and make a decision. If it decides the home is still suitable, you can ask for a Section 202 review of that decision within 21 days.
Disrepair in temporary accommodation
Your temporary accommodation may have damp, mould, broken heating, pests, or other serious faults. Your landlord still has repair duties. That landlord may be the council, a housing association, or a private landlord under a temporary arrangement. Awaab's Law applies to social housing temporary accommodation. Environmental health duties apply either way.
You can bring a disrepair claim about temporary accommodation, just as you can for a permanent home.
What to do if the wait is too long
- Write to the council's housing team. Ask for an update on your position on the register, and what steps they are taking to find you settled housing.
- If your situation has changed (family size, a health condition, your children's schooling), tell the council in writing. Ask whether your banding or priority should be reviewed.
- If you have a solicitor or housing adviser, ask them to write to the council for you.
- If the council has taken no steps at all (not put you on the register, made no offers), think about a formal complaint, and then the Housing Ombudsman.
Moving borough and temporary accommodation
The council may place you in temporary accommodation outside the borough, especially in busy areas. You can challenge this if the placement does not suit your needs. The duty to house you stays with the council that accepted the housing duty, not the area where the property sits.
When should I contact Support for Tenants?
If your temporary accommodation has serious disrepair, such as damp, mould, broken heating, or structural problems, call us on 0800 030 4669. We can advise on whether a disrepair claim is possible.
No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.
Sources
- Section 193, Housing Act 1996 (main housing duty) (legislation.gov.uk)
- Section 210, Housing Act 1996 (suitability of accommodation) (legislation.gov.uk)
Related articles
- Temporary accommodation, your rights
- Suitability review, temporary accommodation
- How to get rehoused, the housing register
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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