Unsuitable Temporary Accommodation: How to Request a Section 202 Review
If your temporary accommodation is affecting your health, your children or your ability to manage everyday life, start by checking the council’s decision letter. In England, some suitability decisions can be challenged through a Section 202 review. The usual deadline is 21 days beginning with the day you are notified of the decision.
This guide explains how to identify the right route, organise your evidence and avoid losing time. It concerns homelessness accommodation provided by English councils.
What makes temporary accommodation unsuitable?
Suitability depends on your household’s circumstances. The council should consider the property’s condition, space, accessibility, location, affordability and relevant health or welfare needs. A placement that works briefly may become unsuitable over a longer period. Councils must keep suitability under review while the accommodation duty continues.
Focus on the connection between the accommodation and the difficulty you experience. For example, rather than writing only “I have mobility problems”, explain which stairs you must use, how frequently, what assistance you need and whether you have fallen or become unable to leave home.
For a child with additional needs, describe the daily consequences: disrupted sleep, difficulty using shared facilities, missed support sessions or an unsafe layout. Explain what happens, how often and what evidence supports your account. A diagnosis alone does not explain the practical housing problem.
Can I request a Section 202 suitability review?
Accommodation offered under the main housing duty is one situation in which a statutory suitability review is available. Check the duty and decision identified in your letter rather than relying on the label “temporary accommodation”.
Interim accommodation under section 188, while the council investigates your application, must also be suitable. However, there is no Section 202 right to review the suitability of that interim placement. Ask the council to address the problems urgently; a legal challenge may require judicial review through a housing solicitor.
What is the Section 202 review deadline?
Request the review within the usual 21-day period. The council can allow a longer period in writing, but late acceptance is not guaranteed. You do not have to provide your full reasons with the initial request. Do not wait for a medical letter before protecting a review deadline.
Keep the offer letter, the email that delivered it and any envelope. Record when and how you received the decision. If the letter is undated or its arrival date is disputed, obtain advice promptly rather than assuming the deadline has not started.
How to organise evidence for a suitability review
Build a short record around each housing problem. For every issue, identify the effect on your household, the evidence available and what the council’s reasons fail to address. Useful material may include:
Dated photographs and a repair log: identify the room, the defect, when it was reported and whether it remains unresolved.
Medical or occupational therapy evidence: ask the professional to explain relevant functional limitations and the housing features involved.
School or support-service information: record missed attendance, disrupted provision and any arrangements that cannot realistically continue.
Travel records: note the actual journey, walking distance, changes, cost and assistance needed. Explain why a route shown on a map does not work for you.
An income and expenditure schedule: use actual housing charges, benefit information and essential household costs, supported by statements or bills.
Avoid sending a large, unexplained collection of attachments. Give documents clear names and refer to the particular page or passage that supports each point. Separate facts you can prove from concerns that still need professional assessment.
For example, a useful evidence note might say: “The bathroom is upstairs. I need help on the stairs twice each night. The occupational therapist’s report dated [date], page [number], explains the risk.” This is an illustration, not a statement to copy unless it accurately describes your circumstances.
What should your written reasons explain?
Start with the decision you challenge and the outcome you seek. Then explain your main suitability issue, any connected problems and their combined effect. Address the council’s actual reasons: if it says a journey is manageable, set out the practical difficulty and supporting evidence.
Be specific about the housing features needed. Ground-floor access, usable bathroom facilities or access to a particular support service may be easier to assess than a general request for a “better property”. Do not overstate what a professional has said.
Frequently asked questions
Can I accept the accommodation and still challenge it?
Where the statutory suitability review right applies, accepting the offer does not remove that right. Obtain advice before refusing or leaving: the consequences depend on the offer and duty involved.
Does a complaint protect my review deadline?
Do not assume a complaint will be treated as a review request. Make your intention to request a Section 202 review explicit where that route applies, and retain proof of delivery.
What if my circumstances have changed?
Tell the council in writing and explain what has changed since its assessment. Attach relevant new evidence and ask it to reconsider current suitability. Do not assume that reporting a change automatically restarts an earlier review deadline.
Need help understanding your council’s decision?
H.A. Law Advisory provides housing assessments and, where appropriate, preparation of written review representations for people in England. An initial housing assessment costs £120; further drafting is quoted separately.
Tell us which council is involved, when you received the decision and the main problem with the accommodation. We can assess the appropriate route and explain what evidence your case needs.
H.A. Law Advisory is an independent paralegal practice, not a firm of solicitors. We do not conduct litigation or provide emergency same-day housing assistance. If you face imminent loss of accommodation or need urgent court action, seek urgent help from a housing solicitor.
General information for England. Legal sources checked on 9 September 2026. Individual advice depends on your decision, housing duty and circumstances.
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