Final offers of housing when homeless

What counts as a final offer of housing?

A final offer of longer term housing could be a:

• council or housing association home

• private rented home

You might get a final offer while the council provide homeless help under either your personal housing plan or the main housing duty.

You should accept a final offer of housing from the council.

Temporary housing

The council will write to you if they accept the main housing duty because you meet the conditions for full homelessness help.

The main housing duty means the council must provide suitable housing for you, usually until they make a final offer of longer term housing.

Council and housing association homes

The council can make a final offer from the housing waiting list if you're on it.

Tenancy type and length

A housing association tenancy could be:

• an assured tenancy with no fixed end date

• a fixed term assured shorthold tenancy for at least 2 years

• a starter tenancy for a year before becoming a longer tenancy

A council tenancy could be:

• a secure tenancy with no fixed end date

• a fixed term flexible tenancy for at least 2 years

• an introductory tenancy for a year before becoming a longer tenancy

Private rented homes

The council can make a final offer of a private rented home if it meets the following requirements.

Tenancy type and length

The tenancy offered must be an assured shorthold tenancy.

It must have a written fixed term agreement of at least 12 months.

Condition of the home

The property must be in reasonable physical condition and have:

• a current gas safety record

• carbon monoxide and fire safety precautions

• safe electrics and electrical equipment

• a valid energy performance certificate

• a licence if required under HMO licensing laws

Landlord

The council should not offer you a tenancy with a landlord who has been convicted of certain offences or breached landlord and tenant laws.

What makes a final offer suitable?

The council must consider if the offer of housing is:

• affordable for you

• in good enough condition

• the right size for you and your family

• suitable if you have health issues or a disability

Private rented offers must meet the suitability requirements regarding tenancy type, landlord and condition of the home.

Location

The council must try and find housing in their area where possible.

If there's a shortage of longer term housing locally, the council could offer you housing in another council's area.

The council must consider factors such as:

• your travel time to work

• disruption to your children's education

• caring responsibilities and local support networks

For example, you should not be offered longer term housing somewhere which would mean you had to leave your job. But the council might expect your children to change schools if this would not disrupt their education.

If you arrived in the UK in the last 2 years and you apply as homeless on or after 1 June 2022, the council will consider whether you have any caring responsibilities in the area but will not consider other factors. They may consider other factors if you were living in the UK before you went abroad.

Final offer letters from the council

The council must make any offer of longer term housing to you in writing.

The letter must explain:

• that it's a final offer

• what happens if you refuse or accept the offer

• your right to request a review of the suitability of the offer

The council should give you a reasonable time to consider the offer.

Viewing the property first

The council should let you see the accommodation before you decide whether to accept it.

If a viewing is not practical, the council should show you photos and answer your questions about the tenancy.

How to ask for a suitability review

Accept the offer first in case your review is unsuccessful.

Ask for a review within 3 weeks of the offer letter if you think it's unsuitable.

You can use our letter templates to ask for a review.

The council's offer letter should set out why they think the offer is a suitable final offer.

It's risky to refuse an offer

This is because the council:

• can end your temporary housing

• will not have to make another offer unless your suitability review is successful

The council will not have to provide temporary housing while they carry out the review.

You can make a new homeless application. But the council could decide you're intentionally homeless unless you have a very good reason for refusing an offer.