If you are a landlord dealing with major repair works, one of the most important questions is whether your tenant can safely and reasonably stay in the property while the work is done. A decant, meaning a temporary move into alternative accommodation, is not just a practical arrangement. In the right case, it can be the difference between a managed repair programme and a much bigger dispute.
This issue matters because serious housing problems are not unusual. Official English Housing Survey findings published in January 2026 reported that 5% of dwellings in England had a problem with damp in 2024, and damp was more common in the private rented sector, where 10% of homes were affected.
If you already deal with repair disputes or wider housing issues, Atalaw’s Landlord And Tenant, Housing Disrepair Services London, and Civil litigation pages give a useful overview of the areas where these problems often overlap.
What is a decant?
A decant is a temporary move from the tenant’s home into other accommodation while major works are carried out. In social housing, the Housing Ombudsman explains that landlords may need to consider a decant when a home is unfit for habitation and significant repairs, renovation or redevelopment are required. The same practical thinking is relevant in the private sector too, even though the legal framework is not identical.
In simple terms, you should be asking whether the property remains genuinely liveable while the work is happening. If the answer is no, the conversation should move quickly from “Can contractors get in?” to “Should the tenant be staying here at all?”
When should you offer a decant?
You should seriously consider offering a decant where the repair works make occupation unsafe, unreasonable, or unrealistic.
The property is unsafe or unfit
If there is a major hazard, you should not assume the tenant can simply work around it. The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019 and reinforces the requirement that rented homes must be fit for human habitation. Government guidance explains that fitness includes matters such as repair, stability, damp, ventilation, water supply, drainage, sanitary conveniences, and freedom from hazards.
So if the property has severe damp and mould, dangerous electrics, significant water ingress, structural issues, or another serious hazard, a decant may be the most sensible way to protect both the occupier and your legal position.
The works cannot sensibly be done with the tenant in place
Not every repair requires a move. Some jobs are noisy, inconvenient, or messy, but still manageable while the tenant remains in occupation. However, where works involve stripping out kitchens or bathrooms, opening floors or ceilings, prolonged drying works, major rewiring, plumbing replacement, or repeated loss of access to several rooms, continued occupation may stop being realistic.
Shelter’s guidance for private tenants in England says tenants can remain in the property while most repairs are carried out and only need to move if there is no other way to do the work. That is a helpful test for landlords too. If there is no workable way to complete the repairs safely and properly with the tenant in place, a temporary move should be on the table.
Essential facilities will be unavailable
A home without working sanitation, safe washing facilities, heating, hot water, cooking facilities, or secure access may become unsuitable very quickly. That is especially true if the loss lasts more than a very short period.
You do not need to wait until a matter becomes a formal complaint before acting. If a reasonable person looking at the conditions would say the tenant cannot live there normally, you should be considering alternative accommodation sooner rather than later.
The tenant’s circumstances make staying unreasonable
A property that might be barely manageable for one tenant may be completely unsuitable for another. The Housing Ombudsman says landlords should take a person-centred approach, assess risk properly, and consider the household’s individual needs when deciding whether temporary accommodation is required and whether it is suitable.
That means age, disability, pregnancy, respiratory issues, caring responsibilities, and the needs of children all matter. If major works would expose a vulnerable household to dust, damp, cold, noise, repeated contractor visits, or loss of basic facilities, a decant is much more likely to be appropriate.
The disruption will be serious and prolonged
Length matters. A repair lasting a few hours is one thing. Several weeks of disturbance is another. If the works are going to interfere with normal occupation for a meaningful period, offering a decant early can be far more cost-effective than facing later arguments about rent, damages, complaints, or disrepair.
That wider litigation risk is worth keeping in mind. Atalaw’s Managing disrepair counterclaims during possession and Evidence landlords will need for possession in a post-Section 21 world both reflect how repair history, records, and reasonableness now play an even bigger part in defended housing cases.
Does a private landlord always have to provide alternative accommodation?
No. In England, Shelter’s current guidance says most private landlords do not have to provide somewhere else to live during repair or building works unless the tenancy agreement says so. Shelter also says that if a tenant does not agree to move out temporarily, the landlord would need a court order rather than simply forcing the move.
But that does not mean you can ignore the situation if the property becomes uninhabitable. A tenant may still have remedies if disrepair or unfitness forces them out or leaves them unable to use the home properly. Shelter’s professional guidance notes that a tenant may in some cases recover the cost of alternative accommodation as damages where they have to move because of a landlord’s breach.
So the legal question is not only whether there is an express duty to rehouse. It is also whether refusing a decant is likely to worsen your exposure if the property cannot safely be occupied.
What about social landlords?
For councils and housing associations, the position can be more direct. Under current Awaab’s Law guidance for social housing, emergency hazards must be investigated and made safe within 24 hours, and serious damp and mould hazards that could make someone ill must be addressed to strict timescales. If the home cannot be made safe within the required period, temporary accommodation must be offered.
The Housing Ombudsman also says social landlords should ensure their temporary move or decant policies comply with Awaab’s Law and should be ready to evidence their decision-making on whether suitable temporary accommodation was needed.
What makes a decant suitable?
Offering any available room is not enough. Temporary accommodation needs to be suitable for the household. The Housing Ombudsman says landlords should think about size, location, accessibility, and the impact on the resident’s day-to-day life.
In practice, you should consider:
- Size of the accommodation
- Accessibility needs
- Distance from school, work, and family support
- Travel disruption and likely extra costs
- Storage for belongings
- Security of possessions left behind
- Whether pets need to be accommodated
- How long the move is expected to last
Clear communication matters just as much as the accommodation itself. The Ombudsman’s guidance says landlords should explain why the move is needed, how long it is expected to last, who is responsible for belongings, and what costs the resident will need to pay, if any.
What should you put in writing?
If you are arranging a decant, do not leave the details vague. Written confirmation can prevent a lot of later disagreement.
You should set out:
- Why the move is necessary
- When the move will happen
- Where the tenant will stay
- Whether the move is temporary
- What works are being carried out
- The expected timescale
- What happens to rent during the period
- Whether you will cover travel, storage, or related costs
- Who the tenant should contact for updates
Shelter specifically advises tenants to get key details in writing, including how long they need to move for, what rent they will pay, whether they can return, and whether the landlord will help with moving or storage costs. From a landlord’s perspective, providing that clarity from the outset is simply good practice.
Why offering a decant early can protect you
In the wrong case, trying to avoid the cost of a decant can be a false economy. If you push ahead with major works while the tenant remains in a property that is not reasonably habitable, you may end up facing complaints, compensation claims, rent reduction arguments, delay to possession proceedings, or broader litigation.
That is why good records and sensible early decisions matter. If you are already thinking about how repairs, evidence, or possession strategy fit together, Atalaw’s articles on Pets, deposits, and rent-related reforms, Commercial Lease Solicitors For Tenants, and Atalaw Solicitors show the firm’s broader practical approach to risk, documentation, and property-related disputes.
FAQs
When is a decant most likely to be necessary?
Usually where the home is unsafe, unfit, or cannot realistically be occupied while major works are completed. That can include serious damp and mould, major leaks, dangerous electrics, structural issues, or prolonged loss of essential facilities.
Does every major repair mean the tenant has to move out?
No. Shelter says private tenants can stay while most repairs are done and only need to move if there is no other way to complete the works.
Do private landlords always have to provide alternative accommodation?
No. In England, most private landlords do not have to provide alternative accommodation unless the tenancy agreement says so. Even so, refusing a decant where the property cannot be lived in safely can still create wider legal and practical problems.
Can a tenant be forced to move out temporarily for repairs?
Not simply because it would suit the works. Shelter says that where a private tenant does not agree to move out temporarily, the landlord would need a court order.
What makes temporary accommodation suitable?
It should suit the household’s needs, including size, location, and accessibility, and should minimise disruption as far as reasonably possible.
Final thought
A decant should not be treated as an awkward extra. If major repairs mean your tenant cannot safely and reasonably live in the property, offering temporary accommodation may be the most practical and sensible step you can take. In many cases, the real question is not whether you can avoid offering a decant, but whether it would be reasonable not to.
If you need advice on repair disputes, tenant occupation issues, or the wider risks that come with major works, visit About Us to learn more about the firm, or Contact Us to discuss your situation with Atalaw Solicitors.