Temporary accommodation standards framework

Background

The Homelessness and Rough Sleeping Action Group (HARSAG) recommended that the Scottish Government work with the Scottish Housing Regulator to explore options for enforcing new temporary accommodation standards. It believed that better standards could be achieved through the introduction of legal mechanisms to ensure that all temporary accommodation used by local authorities in exercising their statutory duties reaches a certain standard.

In exercising their statutory duties, local authorities across Scotland utilise a diverse portfolio of temporary accommodation beyond bed and breakfast accommodation, including local authority, housing association and private rented sector housing stock and hostels. Most people who are homeless are accommodated on a temporary basis in the social rented sector.

Across all of these different types of accommodation, there already exists a wide variety of legislation that cater for physical standards of accommodation, which are largely tenure specific. These include the Tolerable Standard which applies to all property, the Scottish Housing Quality Standard which applies to social rented sector properties, HMO Licencing for B&B and hostels and the Repairing Standard in the private rented sector.

At the time of the 2019 consultation, existing legislation and regulation did not provide a comprehensive set of standards across all temporary accommodation stock. In developing a TASF, the aim is to ensure that any time spent in temporary accommodation causes minimal harm.

Considering HARSAG's views and recommendations, we proposed that a TASF includes and points to existing legislative and regulatory mechanisms that set accommodation standards, while addressing gaps to ensure that standards in temporary furnished flats in the private and social rented sector, hostels, B&Bs and refuges are of a consistent, high quality.

To take forward HARSAG's recommendation, a working group was established to produce a new TASF and to consider how the framework can be regulated and legally enforced. The advisory standards for temporary accommodation published in the Homelessness Code of Guidance^[1] in 2019 were developed using the 2011 Guidance on Standards for Temporary Accommodation published by Chartered Institute for Housing (CIH) Scotland and Shelter Scotland as a basis.

The framework for the temporary accommodation standards was also based on those already published. Although the standards presented in this document have been updated with input from the working group, many are not new, nor are the definitions. Instead, these build upon and consolidate those of previous versions as well as the existing standards covered by legislation.

For the purposes of this standards framework, the terms 'applicant', 'resident' and 'tenant' are used in this document to describe and refer to the homeless household.

During the TASF development, the working group has agreed on the general principles, although there were some differences in opinion on some of the specifics, such as whether the framework would be included via legislation or solely within the Scottish Social Housing Charter. A formal consultation on the agreed standards framework would inform the most appropriate approach.