5th Report - Housing Conditions in Temporary Accommodation

Much of the evidence we received supports the conclusion that temporary accommodation is often so poor as to be unfit for human habitation. However, the absence of official statistics on the physical condition and quality of temporary accommodation means it is not possible to establish the prevalence and severity of poor conditions across England. The National Plan to End Homelessness does not include a commitment to routinely collect and publish information on the physical condition of temporary accommodation. Without this information, we do not have a robust baseline against which to measure the progress of the government’s efforts to improve the physical quality of temporary accommodation. This lack of official data also limits accountability for public money. The government is spending more than ever on temporary accommodation without a good understanding of the quality of provision this money is paying for. This is not acceptable. (Conclusion, Paragraph 14)

We recommend that the Ministry of Housing, Communities and Local Government use the English Housing Survey to routinely collect and publish national data on the quality of all types of temporary accommodation from 2027/28 onwards. (Recommendation, Paragraph 15) Hazards and disrepair

We welcome the Government’s decision to apply the new Decent Homes Standard to temporary accommodation. A national minimum standard covering all temporary accommodation will help to raise the quality of accommodation provided. However, while we recognise the need for an implementation period, we are concerned that the Government has not set interim targets or milestones to make sure the sector is on track to comply with the new standard by 2035. (Conclusion, Paragraph 22) 61

We recommend that the Government set interim targets for the proportion of temporary accommodation that is upgraded to comply with the new Decent Homes Standard before the final implementation date in 2035. These should align with interim targets set for the wider private rented sector. (Recommendation, Paragraph 23)

The government’s plans to extend Awaab’s Law and the Decent Homes Standard to temporary accommodation will provide households with stronger protections against hazards and disrepair. However, while we wait for these reforms, the government should focus on ensuring that the protections that already exist are working effectively. This includes ensuring local authorities are delivering their statutory duty to ensure the suitability of temporary accommodation consistently. (Conclusion, Paragraph 26)

The government must require local authorities to carry-out mandatory inspections before properties are first used as temporary accommodation, ahead of new households moving in and periodically thereafter. As we mentioned in our last report, the government should provide additional funding, in line with the new burdens doctrine, to local authorities to ensure that they can carry out these inspections. (Recommendation, Paragraph 27)

We welcome the government’s intention to apply Awaab’s Law to temporary accommodation. The power to take legal action against their provider for failing to resolve serious hazards in a timely manner will substantially strengthen the protections that exist for people living in temporary accommodation. However, a phased rollout is advisable to give providers time to ensure robust arrangements are in place to investigate and resolve hazards in a timely manner. (Conclusion, Paragraph 28)

The government should begin to rollout Awaab’s Law urgently to ensure the regulations are fully applied to temporary accommodation by the end of 2028/29. By then, legal timescales must be in place covering all applicable significant and emergency hazards covered by the Housing, Health and Safety Rating System. (Recommendation, Paragraph 29) A lack of space

We are deeply concerned about the lack of space provided to some families living in temporary accommodation and the potentially harmful effects this can have on children’s safety, wellbeing and development. The standards used to determine if homes are statutorily overcrowded are out- of-date and do not reflect the harms a lack of space can pose to children. Part of the long-term solution to this is increasing the supply of social housing. However, in the meantime, the government needs to get a better 62 understanding of the extent of overcrowding in temporary accommodation and the negative consequences it has for people, especially children. (Conclusion, Paragraph 37)

The government must require all local authorities funded to carry out local audits to assess, and report on, the suitability of the space provided to households in different types of temporary accommodation and the impact the availability of this space has on children. The government should fund further audits, if necessary, to build its understanding of the prevalence of overcrowding in temporary accommodation and the impact this has on households, especially children. We recommend that the government use the results of these audits to inform a review of the standards used to assess if homes are statutorily overcrowded. (Recommendation, Paragraph 38) Shared facilities

We agree with the government’s decision to prioritise eliminating the unlawful use of B&B accommodation by the end of the Parliament. The government and councils have made good progress at reducing the number of families living in B&B accommodation longer than six weeks. However, to deliver the government’s national target locally, there are risks that councils may resort to increasing their use of out-of-area placements or other shared accommodation that is potentially unsuitable. Such actions risk substituting one set of harms for another. (Conclusion, Paragraph 45)

The government must ensure that there are effective sanctions in place for local authorities who repeatedly breach the six-week limit and who are not taking reasonable steps to eliminate their use of B&Bs by the end of the Parliament. The government should publicly name councils who are unwilling to take reasonable steps to eliminate their unlawful use of B&Bs. The government should introduce safeguards to prevent councils from using out-of-area placements or other types of shared accommodation as a way of meeting the government’s national target. (Recommendation, Paragraph 46)

We remain concerned that the definition of B&B in the Homelessness (Suitability of Accommodation) (England) Order 2003 does not prevent families being placed in similar accommodation, without any restrictions on the time local authorities can house them there. We recognise that the availability of support in council-owned or voluntary sector hostels may benefit some households and help them transition back to living independently. These facilities should only be used as emergency 63 accommodation and for short periods, unless there is an exceptional reason for doing so and the risks are effectively managed. (Conclusion, Paragraph 50)

We reiterate our earlier recommendation that the ministry must amend the definition of B&B accommodation in the Homelessness (Suitability of Accommodation) (England) Order 2003 to restrict the placement of families in other types of accommodation with shared facilities to a maximum of six weeks. (Recommendation, Paragraph 51)

The ministry must require councils to report publicly on the length of time households remain in such facilities and justify any decision to keep households in these facilities beyond six-weeks. By the end of this year, the ministry must publish a clear 10-year plan to phase out the use of accommodation with shared facilities for families with children. (Recommendation, Paragraph 52)

We remain concerned that there is no explicit rule to prevent or restrict councils from housing families, including single mothers with children, in accommodation where they need to share facilities with single male adults. (Conclusion, Paragraph 55)

The ministry must update the statutory guidance to make clear that placing families in accommodation where the need to share facilities with single male adults is not suitable and should work with councils to bring such placements to an end. (Recommendation, Paragraph 56) Lack of basic facilities and furnishings

It is not acceptable for households in temporary accommodation to be left living for months, if not longer, without access to the basic facilities they need for daily life. The ministry must introduce further measures to improve households’ access to basic facilities, such as kitchens, washing machines and basic furnishings. (Conclusion, Paragraph 63)

We welcome the government’s decision to apply the Decent Homes Standard to temporary accommodation. However, we are concerned that the standard will not guarantee people housed in some types of temporary accommodation access to the basic facilities, such as a kitchen, that they need for daily life. (Conclusion, Paragraph 64)

We recommend that the Secretary of State amend the Homelessness (Suitability of Accommodation) Order 2003 to extend the six-week limit to accommodation that cannot comply with the new Decent Homes Standard. The six-week limit should apply from the date that the new standard comes into force in 2035. The ministry also must require local authorities to report 64 publicly when they have suspended enforcement action or applied hazard awareness notices to ensure properties that do not fully comply with the standard remain a last resort. (Recommendation, Paragraph 65) Complex needs

We are alarmed to hear of people with physical disabilities, medical conditions and other complex needs being placed in accommodation that is unsuitable for them. Part of the solution to this problem is improving the quality of supply available locally. In the short-term, however, this is another reason why mandatory inspections are needed before people are placed in temporary accommodation. (Conclusion, Paragraph 72)

The government must require local authorities to conduct mandatory inspections before placing households in temporary accommodation to determine that the accommodation they have arranged adequately caters for people’s physical and medical needs. The Government should also strengthen the statutory guidance for local authorities on the arrangements that should be put in place to support those with complex needs or who may be more at risk from living in temporary accommodation. (Recommendation, Paragraph 73)

The ministry should require councils to forecast demand for people with complex needs as part of their action plans to highlight where there are gaps in provision and demonstrate how the funds allocated through the Local Authority Housing Fund are being used to fill gaps in available provision. The Government must also require local authorities to ensure that all new temporary accommodation built with these funds meets Part M4 (2) of the Building Regulations. (Recommendation, Paragraph 74)

In response to this report, we request an update on the options the Government is considering to increase the supply of good-quality supported housing, as part of the Chief Secretary of the Treasury’s review. (Recommendation, Paragraph 75) Managing and improving the supply of temporary accommodation

The rules that determine the amount of money councils can claim through the Housing Benefit subsidy system is restricting their ability to source good-quality temporary accommodation for households. The Department for Work and Pension’s ongoing freeze of the subsidy rates is putting an enormous financial strain on councils. The freeze in subsidy rates limits the range of affordable options available to councils and acts as a disincentive 65 for them to enter longer-term leases that could strengthen their ability to raise standards, due to the risk of being exposed to large costs on their general funds. Within a financially constrained environment, we are also concerned that the rates reimbursed for different types of accommodation create an incentive for councils to place households in accommodation with support they may not need. (Conclusion, Paragraph 81)

We recommend that the Department for Work and Pensions unfreeze the subsidy rates by increasing the rate councils are reimbursed to match the current Local Housing Allowance rate. We also recommend that the Government conduct a detailed review of the subsidy rules to ensure they incentivise councils to source good-quality accommodation. (Recommendation, Paragraph 82)

Competition between local authorities and other public bodies drives up the costs of temporary accommodation and restricts the ability of local authorities to raise standards locally. We are pleased that the ministry is working with the Home Office to test ways to reduce competition between public bodies for residential accommodation. However, we are disappointed that the National Plan to End Homelessness did not include a firmer stance on eliminating this unhelpful practice. (Conclusion, Paragraph 86)

In response to this report, the ministry should provide us with an update on the work it is undertaking to test locally-led approaches to reduce competition between public bodies and state when, and how, it intends to roll these out more widely. (Recommendation, Paragraph 87)

We are concerned about councils’ increasing reliance on privately managed, nightly-paid accommodation. This provision is not merely expensive. The use of nightly-paid accommodation limits councils’ ability to raise standards and offers little stability to households who are at risk of being moved at short notice. (Conclusion, Paragraph 90)

The government must require local authorities in their action plans to set out how they plan to reduce their reliance on nightly-paid accommodation and provide updates on their progress. The government should also work with local authorities to understand the barriers that are preventing councils from entering longer-term arrangements with landlords. (Recommendation, Paragraph 91)

We remained concerned the government’s decision to freeze the Local Housing Allowance is contributing to more people being more at risk of homelessness and in need of temporary accommodation. The freeze also makes it difficult for councils to help households find a permanent home they can afford. (Conclusion, Paragraph 93) 66

We recommend that the Government restore the Local Housing Allowance rates to 30th percentile. (Recommendation, Paragraph 94)

We agree with the government that some degree of temporary accommodation will always be needed as a safety net and that this accommodation must provide households who need it with a decent, safe and stable place to live while they find a more permanent home. It is critical that the steps councils are taking to increase the supply are informed by, and consistent with, a more long-term strategy, locally and nationally. (Conclusion, Paragraph 99)

The ministry should require local authorities in their action plans to forecast future demand for temporary accommodation locally and set out a 10- year plan for delivering a sustainable supply of good-quality temporary accommodation that is decent, safe and stable. (Recommendation, Paragraph 100)

We welcome the extra funding the Government has provided through the Local Authority Housing Fund to help councils increase the supply of temporary accommodation. However, boosting the supply of affordable homes, especially social housing, is critical to alleviating the crisis in temporary accommodation. (Conclusion, Paragraph 101)

We recommend that the government set out how they plan to prioritise bids for grant funding through the Social and Affordable Homes Programme, including how they will take into account value for money. (Recommendation, Paragraph 102)

We welcome the efforts that the ministry is taking to improve the physical condition of temporary accommodation. However, if providers choose to sell properties that are too costly to upgrade or try to take advantage of regulatory gaps between tenures, these efforts could adversely impact supply. (Conclusion, Paragraph 105)

Alongside the first update on the progress of the National Plan to End Homelessness, we recommend that the ministry publish an assessment of the cumulative impact the interventions to raise standards could have on the supply of temporary accommodation. (Recommendation, Paragraph 106) 67