Temporary and supported housing: why landlords should tighten compliance files before scrutiny rises

Ben Cooper of the Fabian Society has highlighted the scale of public spending on poor-quality housing, citing roughly £2.8 billion on temporary accommodation and £2.7 billion on asylum accommodation. Those figures do not create any new legal duty for landlords, and the underlying commentary is not legislation. But it does point to a real operational risk: landlords and intermediaries taking public money for temporary, asylum or exempt supported accommodation may face tougher scrutiny of standards, contracts and value for money.

For London landlords, that matters because boroughs already under heavy temporary accommodation pressure are likely to take a harder look at property condition, licensing and record-keeping. That is especially relevant where homes are supplied through lease providers, charities, managing agents or company-let structures rather than directly to the occupier.

No new law has been announced — but existing duties may be examined more closely

The source material does not announce a new Act, regulation or formal deadline. It would therefore be misleading to suggest a confirmed crackdown, new national inspection regime or new borough-by-borough enforcement campaign.

What landlords should assume instead is that existing requirements may be checked more aggressively where public money is involved. In practice, that means being ready to evidence:

• a current Gas Safety Record, where gas is present
• a valid EICR under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
• required smoke alarms and carbon monoxide alarms
• an EPC, where one is legally required
• the correct HMO licence or selective licence, where the property falls within a licensing scheme
• clear repair records, inspection notes and occupancy documents

If the property is in a licensing area, check the current borough rules directly rather than relying on an old application acknowledgement or historic advice.

Audit property condition as well as paperwork

Paper compliance alone will not help if the property has obvious hazards. Review each unit for Housing Health and Safety Rating System (HHSRS) issues, particularly:

• damp and mould
• excess cold
• electrical hazards
• fire safety defects
• falls on stairs
• overcrowding indicators

Where you identify a likely Category 1 hazard, treat it as urgent remedial work. Publicly funded accommodation attracts particular criticism when basic failings are visible and easy to document.

Supported and exempt accommodation need clear roles and records

If you operate in the supported or exempt sector, be careful not to confuse current law with possible future reform. There has been policy discussion around tighter regulation, standards, oversight and transparency in this area, but those proposals are not the same thing as rules already in force.

What matters now is being able to show:

• what accommodation is being provided
• what support or management service is actually delivered
• who is responsible for repairs and day-to-day management
• how payments are structured and justified
• what the legal basis of occupation is

If a charity, housing association, support provider or lease-and-manage company sits between landlord and occupier, responsibilities should be set out in writing.

Company-let and placement contracts are a common weak point

Many London arrangements involve a landlord letting to a company, which then houses occupiers under a council, Home Office or support-provider placement model. In those cases, review:

• payment terms
• void risk
• repair obligations
• inspection rights
• indemnities
• insurance requirements
• termination clauses

If a council or contractor challenges standards or value for money, vague heads of terms may leave the landlord exposed. The same applies where it is unclear who was told about a defect, who had the duty to act and who ultimately carries the cost.

Test your financial exposure

Landlords using placement agencies or lease providers should also model commercial risk. Two realistic scenarios are:

1. payment delay or withholding after an inspection dispute
2. reduced referral or placement flow if procurement rules tighten or a contract ends

The source material does not quantify those risks, so landlords will need to assess them against their own rent roll, void assumptions and repair liabilities.

Make sure records can be produced quickly

Higher scrutiny tends to expose weak systems before it exposes legal arguments. If your manager cannot promptly produce the key file for a property, your process is probably too loose.

Each unit should have one accessible record containing, where relevant:

• gas safety certificate
• EICR
• EPC
• licence copy
• inventory or check-in record
• repair log
• inspection notes
• occupancy agreement or tenancy documentation
• key contract documents with the placement party

Staff should also know who handles safeguarding concerns, emergency repairs, complaints and access requests.

Practical next steps for landlords

A sensible response is:

• complete a unit-by-unit compliance and hazard audit within the next month
• centralise certification, agreements and inspection records for each property
• review any company-let, charity, council or provider contract before renewal or retender
• book overdue safety, electrical, alarm, fire door, damp or mould works now rather than waiting for an inspection request

The immediate risk is not a brand-new statutory duty. It is that long-standing duties on gas, electrics, hazards, licensing and documentation may be tested more rigorously in publicly funded housing settings.

This article is general information, not legal advice.