Temporary accommodation placement policy 2025-2030

Effective date

Proposed: 11 December 2025

Review

We will review this policy every 5 years or when there have been changes to the law, prevailing guidance or operational practice.

1.1 This Temporary Accommodation Placements Policy sets out how Portsmouth City Council (‘the Council’) supports those who require temporary accommodation due to homelessness.

1.2 The Council recognises that having a safe and secure home is essential. It also understands that unexpected crises – caused by various circumstances – can leave people without a home. In such situations, the Council may have a duty to provide support and help individuals return to stable housing.

1.3 The Council has a statutory duty to ensure temporary accommodation is available to homeless applicants in certain circumstances. This is governed by legislation. The council should have regard to the Homelessness Code of Guidance for Local Authorities when determining how such a duty is met.

1.4 Between April 2020 and April 2025, the number of households placed in temporary accommodation under homelessness legislation more than tripled from 180 to 579. This demand peaked in October 2024, with over 600 households living in temporary accommodation provided by the Council.

1.5 Since the publication of the previous policy in 2020, the Council has taken significant steps to address a shortage of temporary accommodation owned or managed by the Council. This type of accommodation is often the most suitable option for households and provides the best value-for-money to the Council. Initiatives such as the Homes for TA project (Approved at council meeting: 12/03/2025 – Cabinet Member for Housing and Tackling Homelessness (Item 14)) have led to a substantial increase in the availability of this type of accommodation.

1.6 Officers from the Housing Needs, Advice & Support service assess each household’s individual circumstances and make decisions in line with this policy. In doing so, they are acting on behalf of the Council.

2.1. The following laws are relevant to this area of work. They have informed this policy and must be considered and complied with by officers when making decisions:

• Part VII of the Housing Act 1996
• The Homelessness Code of Guidance for Local Authorities
• The Homelessness (Suitability of Accommodation) (England) Order 2003
• The Homelessness (Suitability of Accommodation) (England) Order 2012
• The Homelessness Reduction Act 2017
• The Equality Act 2010
• The Localism Act 2011
• Section 17 of the Children’s Act 1989
• Section 11 of the Children’s Act 2004
• Prevailing case law

2.2. Section 188 of the Housing Act 1996 provides that the Council must secure that accommodation is available for an applicant where it has reason to believe they may be homeless, eligible for assistance and in priority need (these are all defined terms in law). This duty is known as the ‘interim duty’ and typically continues until the Council has made a final decision as to whether the applicant is owed the ‘main housing duty’ under s.193.

2.3. Section 193 of the Housing Act 1996 provides that the Council must secure that accommodation is available for an applicant where it determines that they are homeless, eligible for assistance, in priority need, not intentionally homeless, and where it has not successfully ‘prevented’ or ‘relieved’ homelessness (these are all defined terms in law), and has not referred the application to another local authority. This is known as the ‘main housing duty’ and continues indefinitely until the applicant accepts an offer of a settled home, or until one of another of a list of prescribed events occurs.

2.4. Section 206 of the Housing Act 1996 provides that any accommodation provided under section 188 or 193, whether temporary or otherwise, must be suitable.

2.5. Chapter 17 of the Homelessness Code of Guidance codifies the factors, borne from various legal instruments, local authorities should consider when determining whether temporary accommodation is suitable. Such factors include the standard, size, affordability, and location of any accommodation.

2.6. Section 208 of the Housing Act 1996 provides that, so far as reasonably practicable, accommodation found by the Council should be in the local authority area. The law does recognise there are times where being accommodated out of area offers a clear benefit to the applicant, for example where they would be at risk of domestic abuse or other violence in the area. When accommodation is provided out of the area, the Council should notify the local authority in whose area the accommodation is situated.

2.7. The Homelessness (Suitability of Accommodation) (England) Order 2012 provides that the following factors should be considered when deciding whether accommodation is suitable.

• The distance of the accommodation from Portsmouth
• The level of any disruption to employment, caring responsibilities or education
• The proximity and accessibility of the accommodation to medical facilities and support
• The proximity and accessibility of the accommodation to local services and transport

2.8. The Homelessness (Suitability of Accommodation) (England) Order 2003 provides that households containing children or pregnant women should only be housed in ‘bed and breakfast’ accommodation where no other accommodation is available and that, even then, such occupation should not exceed 6 weeks.

2.9. Section 11 of the Children’s Act 2004 provides that a local authority must have regard to the need to safeguard and promote the welfare of children when carrying out its functions.

2.10. The Equality Act 2010 provides that, in carrying out its functions, a local authority must have due regard to the following.

• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.

Interim accommodation whilst the Council undertakes enquiries

3.1 Where an applicant is owed the interim accommodation duty (as per paragraph 2.2) and has no suitable accommodation available to them, the council will secure that temporary accommodation is available to them until a final decision is made regarding their homelessness application or until the duty comes to an end for one of the other prescribed reasons.

3.2. Applicants owed a temporary accommodation duty may decide to make their own arrangements, rather than access council provided accommodation. The Council can support this in line with our duties.

3.3. In identifying a suitable offer, the household’s individual circumstances will be considered, taking account of the factors set out in section 5 of this policy.

3.4. If the applicant refuses an offer of interim accommodation they will be asked to give their reasons for refusal and to provide any relevant information. The Council will consider the reasons given. If the Council determines that the accommodation is unsuitable the offer will be withdrawn and a further offer made.

3.5. If the Council determines the offer of accommodation to be suitable, the applicant will be given the opportunity to reconsider their decision. If the applicant continues to refuse the offer it will be withdrawn, and the Council will no longer be obliged to provide interim accommodation. This would not affect any future accommodation duties owed as part of the homeless application and the Council would continue to make enquiries as to what duties are owed where required.

3.6. There is no statutory right to review the suitability of interim accommodation provided under section 188 of the Housing Act 1996 while enquiries are underway.

Applicants owed the ‘main housing duty’

3.7. Where an applicant is owed the main housing duty (as per paragraph 2.3) and has no suitable accommodation available to them, the Council will ensure that temporary accommodation is available to them until they are offered a suitable home or until the duty comes to an end for one of the other prescribed reasons.

3.8. Applicants owed a temporary accommodation duty may decide to make their own arrangements, rather than access council provided accommodation. The Council can support this in line with our duties.

3.9. In identifying a suitable offer, the household’s individual circumstances will be considered, taking account of the factors set out in section 5 of this policy.

3.10. If the applicant refuses an offer of interim accommodation they will be asked to give their reasons for refusal and to provide any relevant information. The Council will consider the reasons given. If the Council determines that the accommodation is unsuitable the offer will be withdrawn and a further offer made.

3.11. If the Council determines the offer of accommodation to be suitable, the applicant will be given the opportunity to reconsider their decision. If the applicant continues to refuse the offer it will be withdrawn and ‘the main homelessness duty’ will come to an end.

3.12. If a family with dependent children refuse an offer of temporary accommodation and do not provide sufficient reassurance to the suitability of their own arrangements, Children’s Services will be notified of any safeguarding concerns.

3.13. The suitability of accommodation secured in performance of the ‘main housing duty’ is subject to a statutory right to review. Applicants owed such a duty are advised in writing of this right and how to exercise it.

Temporary accommodation provided in performance of either of the above duties

3.3. Applicants occupying temporary accommodation will be required to adhere to the reasonable terms of occupation set out by the accommodation provider.

3.4. The Council may consider applicants who have been asked to leave temporary accommodation after breaching the terms of the agreement to have voluntarily ‘refused’ the accommodation. The Council will consider the nature of the breach, what warnings were given to the applicant and the applicant’s personal circumstances when determining whether accommodation has been refused.

3.5. Applicants may be asked to move to alternative temporary accommodation for a number of reasons, such as to provide the most appropriate accommodation, or because an accommodation provider has brought the provision to an end. Such requests will be treated as an offer of temporary accommodation as set out in sections 3 and 5 of this policy.

Temporary accommodation in Portsmouth

4.1. Homelessness has increased locally and nationally in recent years. This has resulted in unprecedented demand for temporary accommodation in Portsmouth. This has resulted in the Council needing to rely on a range of different types of temporary accommodation, some of which is owned and/or managed by the Council and some of it is not.

4.2 Council-owned or managed accommodation is preferred over privately managed options because it consistently meets residents’ needs and offers the best value for money. However, due to rising demand over several years and a shortage of affordable housing for households to move on to, the Council still relies on other forms of temporary accommodation. This is despite significantly increasing the amount of Council-owned or managed accommodation it has procured in recent years. (On 1 October 2023, there were 86 households accommodated in Council-owned or managed temporary accommodation, two years later this number had increased to 244.)

4.3 Housing-related support will be offered to households in temporary accommodation where a support need has been identified. Support is tailored to the individual needs of each household and may include guidance on managing debt and finances, setting up and maintaining utility accounts, parenting support, home management, and understanding the responsibilities of being a good neighbour.

4.4.The types of temporary accommodation available to the Council include:

• Self-contained accommodation owned or managed by the Council’
• Accommodation with shared facilities owned or managed by the Council.
• Self-contained accommodation owned or managed by a private provider.
• Accommodation with shared facilities such as a house in multiple occupation (HMO) owned or managed by a private provider.
• Accommodation with shared facilities such as ‘bed and breakfast’ accommodation or hotel.
• Supported temporary accommodation.

Self contained accommodation, owned or managed by the Council

4.5. These are self-contained premises with private kitchen and bathroom facilities (flats, maisonettes and houses).

4.6. Accommodation is managed by the Council, whether it owns the freehold or leases the accommodation from a private owner.

4.7. Applicants occupying this type of accommodation have the support of an assigned Accommodation Officer from the Council’s Housing Needs Advice & Support team.

4.8. Accommodation is typically provided unfurnished but some discretionary help is available for those households who are unable to source their own furniture and/or white goods (subject to an assessment by Housing Needs Advice & Support).

Accommodation with shared facilities, owned or managed by the Council

4.9. This is accommodation which is not separate and self-contained premises, and where one or more of the following amenities is shared by more than one household: a toilet, personal washing facilities, and/or cooking facilities.

4.10. Accommodation is managed by the Council, whether it owns the freehold or leases the accommodation from a private owner.

4.11. Applicants occupying this type of accommodation have the support of an assigned Accommodation Officer from the Council’s Housing Needs Advice & Support team.

4.12. Accommodation is typically part-furnished and will include beds, cooking facilities and refrigerated storage.

Self-contained accommodation, owned or managed by a private provider

4.13. These are self-contained premises with private kitchen and bathroom facilities (flats, maisonettes and houses).

4.14. Accommodation is managed by a private provider of accommodation but is subject to suitability checks by Council officers.

4.15 Applicants occupying this type of accommodation have the support of an assigned Accommodation Officer from the Council’s Housing Needs Advice & Support team.

4.16. Accommodation is typically part-furnished and will include beds, cooking facilities and refrigerated storage.

Accommodation with shared facilities, owned or managed by a private provider

4.17. This is accommodation that is not separate and self-contained premises, and where one or more of the following amenities is shared by more than one household: a toilet, personal washing facilities, and/or cooking facilities.

4.18. Accommodation is managed by a private provider of accommodation but is subject to suitability checks by Council officers.

4.19. Applicants occupying this type of accommodation have the support of an assigned Accommodation Officer from the Council’s Housing Needs Advice & Support team.

4.20. Accommodation is typically part-furnished and will include beds, cooking facilities and refrigerated storage.

Accommodation with shared facilities, such as ‘bed and breakfast’ and hotels

4.21. Such accommodation is not separate and self-contained premises, and one or more of the following amenities is either lacking or shared by more than one household: a toilet, personal washing facilities, cooking facilities.

4.22. This accommodation will typically take the form of a hotel or traditional bed and breakfast setting owned and managed by a private provider.

4.23. This accommodation can offer residents limited space, privacy, and amenities such as cooking and laundry facilities. The Council aims to avoid the use of such accommodation where possible.

4.24. Bed and breakfast accommodation may be considered suitable if emergency accommodation is needed at very short notice or if there is simply no better alternative available.

4.25. Bed and breakfast accommodation should only be provided to households containing children or pregnant women as a last resort. Where this is the case, the Council must move households into more suitable accommodation within six weeks.

Supported temporary accommodation

4.26. Supported temporary accommodation is accommodation where personalised support is provided at that location.

4.27. Supported temporary accommodation is typically not separate or self-contained premises and is often provided in a hostel setting. One or more of the following amenities are usually shared by more than one household: a toilet, personal washing facilities, and/or cooking facilities.

4.28. The accommodation and support provided can be provided by the Council itself or by a commissioned provider of supported housing.

All temporary accommodation provided by the Council

4.29. Applicants provided with temporary accommodation will be charged for the use and occupation of the premises. Housing Needs Advice and Support staff will consider the affordability of any charge and will help applicants on a low income can claim Housing Benefit to help pay all or some of the charge. If the applicant does not pay an affordable use and occupation charge, the Council may determine them to have declined the accommodation intentionally. This can have serious consequences, including a loss of the right to temporary and future housing.

4.30. The type of occupation agreement provided to an applicant will vary according to the type of temporary accommodation they are offered and by provider. Nothing in any written agreement will override or diminish the rights afforded to them in law, for example relevant protection under the Protection from Eviction Act 1977.

5.1. Assessments of the suitability of temporary accommodation are made based on the individual circumstances relating to any given applicant and their household. Assessments consider the applicability and significance of any of the below factors, the personal circumstances of the applicant and their household, as well as the competing demands for accommodation and the availability of accommodation at that time.

Physical suitability and overcrowding

5.2. The size of any accommodation offered, and the number of bedrooms present will be relevant considerations. High demand for temporary accommodation and a shortage of available accommodation means it would not be unusual for homeless households to be accommodated in accommodation with fewer bedrooms that might be required on a permanent basis. Portsmouth is a densely populated city where overcrowding is unfortunately prevalent.

5.3. The physical state of repair of any accommodation is a relevant factor and any temporary accommodation provided should also be meet the health and safety requirements codified at Chapter 17 of the Homelessness Code of Guidance, for example meeting the required standards in relation to electrical, gas and fire safety.

5.4 Whether washing and/or cooking facilities are shared with other households, and the impact that would have on an applicant and their household is a relevant factor.

Affordability

5.5. Any temporary accommodation provided should be affordable for the applicant. Where necessary, affordability is determined by the Council, in consultation with the applicant as to their specific circumstances.

Location

5.6. Wherever reasonably practicable, temporary accommodation will be provided in Portsmouth. It is recognised that the location of accommodation can be key; any accommodation provided out of the area will be as close to Portsmouth as can be safely found.

5.7. Account will be taken of any disruption to employment that would be caused by the location of the temporary accommodation.

5.8. Account will be taken of any disruption to education that would be caused by the location of the temporary accommodation, which includes but is not limited to the particular impact that might be felt around exam times. Account will also be taken of the need to promote and safeguard children more generally. This includes consideration of the physical, mental and emotional wellbeing of children being placed in temporary accommodation.

5.9. Account will be taken of any disruption to care provision/responsibilities (either given or received) that would be caused by the location of the temporary accommodation.

5.10. Account will be taken of the proximity and accessibility of any accommodation to medical facilities essential for wellbeing, and to transport, amenities and local services.

5.11. Any temporary accommodation provided out of the area in performance of the ‘main housing duty’ is likely to be for a very limited time until accommodation is found in Portsmouth. It would not usually be necessary, for example, for children to have to move school. Housing Needs, Advice & Support department will liaise with the education department to ensure children are able to get to school.

Health, welfare and disability-related needs

5.12. Any health, welfare or disability-related needs of the applicant or a member of their household will be taken into account when considering the suitability of any temporary accommodation. The existence and extent of any likely impact of the accommodation on those health needs would be relevant factors.

5.13. Any support needs identified as part of the housing assessment would also be relevant considerations, including what the impact would be of any existing support being removed, and how support can be to ensure an offer of accommodation meets the person’s needs.

5.14. Any information provided from health professionals, social care departments and other relevant agencies will be considered.

Risk of violence, abuse or harassment

5.15. Any evidenced or probable risk of violence, abuse or harassment falling short of violence will be a relevant factor.

5.16. Accommodation will not be suitable if there is a probability of the applicant or a member of their household experiencing violence there.

Expected length of occupation

5.17. The length of time any temporary accommodation is likely to be occupied is a relevant consideration. Accommodation that might not be considered reasonable to occupy indefinitely or for a number years, may well be considered suitable for a number of days or weeks.

Pets

5.18. Pets are not permitted in all types of temporary accommodation. The Council will consider the welfare of animals when placing applicants in temporary accommodation and will offer solutions on an individual basis, for example this may include the provision of kennels to house dogs.

Prevailing housing conditions in the local area

5.19. The prevailing housing conditions in Portsmouth and the surrounding area will be a relevant factor. This may include but is not limited to any general or acute difficulties in sourcing suitable accommodation locally, and competing demands for limited resources, for example other households who require temporary accommodation and the severity of their needs .

Public sector equality duty

5.20. The Council will consider whether the applicant has any relevant protected characteristics in accordance with the Equality Act 2010, the extent of them, and what their likely effect would be in relation to any proposed temporary accommodation.

Other considerations

5.21. Consideration will be given to any other special circumstances that apply to any given applicant or their household.

5.22 The Council’s duties to secure that temporary accommodation is available to an applicant is not always performed by the Council providing new, temporary accommodation. The accommodation a person is currently living in is sometimes suitable for them to continue to live in on a temporary basis, even if it is not reasonable for them to occupy in the longer term, for example because their landlord is taking steps to recover possession of the property (Birmingham City Council v Ali (Aweys) [2009] UKHL 36). The council will consider the above factors in this section when determining whether such accommodation is suitable to be used as temporary accommodation, as well as any factors specific to their current accommodation (for example the existence of possession proceedings).

6.1. The Council always aims to offer suitable accommodation to the applicant at the first time of offer. Applicants who have any reservations about the suitability of accommodation being offered should initially discuss the matter with the officer managing their homeless application.

6.2. There is no statutory right to review the suitability of accommodation provided under the interim duty. If an applicant refuses a suitable offer of such accommodation they may not be owed any further such accommodation duty.

6.3. The suitability of accommodation provided in performance of the main housing duty is subject to a statutory right to review. Applicants owed such a duty are advised in writing of this right and how to exercise it. If an applicant refuses a suitable offer of such accommodation they may not be owed any further such accommodation duty.

6.4. All customers retain the right to make a formal complaint about the service they receive from the Council by following its formal complaints process.