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England

Offers of accommodation in homelessness applications

Types of offers of accommodation that can be made to end different homelessness duties.

This content applies to England

When different offers of accommodation can be made

A local authority might offer accommodation to a homelessness applicant when carrying out its duties.

Offers to end the main housing duty

To end the main housing duty, a local authority can make:

  • a final part 6 offer of social housing

  • an offer of a private assured tenancy

A local authority can offer suitable temporary accommodation to comply with the main housing duty without ending it.

When a household is owed the main housing duty because of a restricted person, the local authority should end the duty by offering a private sector offer so far as reasonably practicable.[1]

Find out more about when the main housing duty ends.

Offers to end the relief duty

To end the relief duty, a local authority can make:

  • a final part 6 offer of social housing

  • an offer of a private assured tenancy

  • an offer of suitable housing for six months

Find out more about when the relief duty ends.

The authority should make clear to the applicant whether the offer of accommodation is temporary or a final offer. Where the authority makes clear that the offer is intended to be final it cannot subsequently treat the offer as if it was temporary.[2]

Final part 6 offer of social housing

A final offer under part 6 is an offer from the local authority's allocation scheme.

The local authority can end the main housing duty or relief duty by making an offer from its allocation scheme on the basis that refusal can end the homelessness duty.[3]

The local authority must:[4]

  • make a final part 6 offer in writing

  • state that it is a final offer for the purposes of ending the duty

The accommodation must be suitable. The offer must allow the applicant to end any obligations they have to their existing accommodation. For example, time to give notice to quit.[5]

Find out more about suitability.

If the relief duty ends after an applicant refuses a final part 6 offer, the applicant is then not owed the main housing duty.[6] Find out more about when the local authority ends the relief duty on Shelter Legal.

Final part 6 offers before 1 May 2026

Before 1 May 2026, a part 6 offer could also be made to end the duty owed to an applicant who would be owed the main housing duty but has deliberately and unreasonably refused to cooperate.[7] This power does not apply from 1 May 2026.

Find out more about deliberate and unreasonable refusals to cooperate.

Private rented sector offer under the main housing duty

A private rented sector offer is an offer of an assured tenancy with a private landlord to end the main housing duty.[8]

The local authority can end the main housing duty by making a private rented sector offer.

The local authority must make the offer in writing and inform the applicant of:[9]

  • the consequences of refusal or acceptance

  • the applicant's right to request a suitability review

The accommodation must be suitable and is subject to an enhanced level of suitability. The offer must allow the applicant to end any obligations they have to their existing accommodation. For example, time to give notice to quit.[10]

Find out more about suitability of accommodation.

Private rented sector offer made before 1 May 2026

Before 1 May 2026, a local authority could end the main housing duty by making an offer of a private assured shorthold tenancy with a fixed term of at least 12 months.

Special rules applied if the applicant reapplied as homeless within two years of accepting a private rented sector offer to end the main housing duty. When making an offer, the local authority had to inform the applicant of these rules.[11]

The rules mean that the applicant is automatically owed the main housing duty if all of the following apply:[12]

  • the applicant accepted a private rented sector offer to end the main housing duty before 1 May 2026

  • the applicant applies as homeless again within two years of accepting the offer

  • the authority is satisfied they are homeless, eligible for assistance, and not intentionally homeless

The main housing duty applies even if the applicant does not have a priority need.

If the applicant has received a valid section 21 notice, the authority must treat the applicant as homeless from the date the notice expires.

Find out more about repeat homelessness applications.

Applications made before 9 November 2012

For applications made before 9 November 2012, a private sector offer could be used to end the main housing duty:[13]

  • for a household gaining priority need through a restricted person

  • where no duty to provide accommodation had arisen

A private sector offer cannot be a final discharge of duty for applicants who made a homelessness application before 9 November 2012 and were owed an accommodation duty on that day.

Private rented offers under the relief duty

A local authority can end the relief duty with an offer of an assured tenancy with a private landlord.[14] This is known as a final accommodation offer.

A final accommodation offer must be suitable for the applicant.[15] A homeless applicant has the right to request a review of the suitability of a final accommodation offer made under the relief duty.[16]

A final accommodation offer under the relief duty must meet enhanced suitability requirements if the applicant is in priority need.[17]

The authority must allow the tenant to end any contractual obligations for existing accommodation before they are required to take up accommodation under a final accommodation offer.[18]

If the relief duty ends after an applicant refuses a final accommodation offer, the applicant is then not owed the main housing duty.[19] Find out more about when the local authority ends the relief duty on Shelter Legal.

Private rented sector offer made before 1 May 2026

Before 1 May 2026, a final accommodation offer must have been an assured shorthold tenancy with a fixed term of at least six months.

Offers of suitable accommodation under the prevention or relief duty

A local authority can make an offer of accommodation to a homeless applicant under the relief or prevention duty.

The authority can end the relief or prevention duty if the applicant has accommodation which:[20]

  • is suitable

  • has a reasonable prospect that it is available for occupation for at least six months

The local authority can also end the relief or prevention duty where an applicant has refused accommodation which meets these requirements.[21]

If an applicant refuses an offer of suitable accommodation under the prevention or relief duty, this does not affect any future duties they might be owed.[22] This is different if the offer is a final accommodation offer or part 6 offer under the relief duty.

Requirements for a suitable offer

There is no requirement for the accommodation to be a specific tenure type, such as an assured tenancy.

The Homelessness Code of Guidance recommends that where authorities offer fixed-term accommodation, the offer should be for a minimum tenancy length of 12 months, especially where the household includes children. This includes where an applicant is offered an assured shorthold tenancy with a private registered provider of social housing.[23]

An offer of private rented accommodation under the relief or prevention duty must meet enhanced suitability requirements if the applicant is in priority need.[24]

Applicants should be allowed a reasonable period to decide whether to accept the offer, and the opportunity to view the property or see information about the property.[25]

If the authority ends the prevention or relief duty following an offer, the local authority must issue a notice to the applicant with the reason the duty has ended. The authority must inform that applicant that they have a right to request a review of the authority's decision.[26]

Offers of temporary accommodation under the main duty

Where a local authority has accepted the main housing duty to an applicant, it might not be able to make a final private rented sector offer or final part 6 offer for some time. It might have to provide temporary accommodation until it can make a final offer or end the main housing duty in another way.

Any offers of temporary accommodation must be suitable.[27]

Where an authority does not have suitable accommodation available, it must consider using part 6 housing stock as a temporary offer.[28] An offer of part 6 accommodation as temporary accommodation is not a final offer unless the authority makes it clear it is making a final part 6 offer.

An applicant may only choose to waive their right to be provided with suitable accommodation if they are placed in a position to make a fully informed decision. If the applicant changes their mind, the authority must comply with its duties.[29]

If an applicant refuses a suitable offer of temporary accommodation, the authority might be able to end the main housing duty.

Find out more about ending the main housing duty.

Last updated: 5 August 2026

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Footnotes

  • [1]

    s.193(7AD) Housing Act 1996s as inserted by para 5(4), sch 5, Housing and Regeneration Act 2008.

  • [2]

    Omar v Birmingham City Council [2007] EWCA Civ 610; Ravichandran & Anor v London Borough of Lewisham [2010] EWCA Civ 755

  • [3]

    s.189B(9)(a), s.193A(1)(b)(ii) and s.193(7) Housing Act 1996.

  • [4]

    s.193A(5), s.193C(8), s.193(7A) Housing Act 1996.

  • [5]

    s.193A(6)-(7), s.193C(9)-(10) Housing Act 1996; s.193(7F)-(8) Housing Act 1996.

  • [6]

    s.193A(3) Housing Act 1996.

  • [7]

    s.193C Housing Act 1996 as in force before 1 May 2026.

  • [8]

    s.193(7AC) Housing Act 1996, as amended by s.25 Renters' Rights Act 2025.

  • [9]

    s.193(7AA)-(7AB) Housing Act 1996 as amended by s.25 Renters' Rights Act 2025.

  • [10]

    s.193(7F)-(8) Housing Act 1996; Norton v London Borough of Haringey [2022] EWCA Civ 1340; s.193A(6) Housing Act 1996.

  • [11]

    s.193(7AB) Housing Act 1996 as in force before 1 May 2026.

  • [12]

    s.195A Housing Act 1996 as in force before 1 May 2026; reg 10 The Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026/421.

  • [13]

    s.193(7AA) Housing Act 1996 as amended by s.148(5)(c) Localism Act 2011 with effect from 9 November 2012 (see art.2 Commencement No. 2 and Transitional Provisions) (England) Order 2012 SI 2012/2599); see also R (on the application of SH) v Waltham Forest LBC [2019] EWHC 2618 (Admin).

  • [14]

    s.193A(4) Housing Act 1996.

  • [15]

    s.193A(6) Housing Act 1996.

  • [16]

    s.193A(1)(b) Housing Act 1996.

  • [17]

    Art 3 Homelessness (Suitability of Accommodation) (England) Order 2012/2601; para 16.20 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [18]

    s.193A(7) Housing Act 1996.

  • [19]

    s.193A(3) Housing Act 1996.

  • [20]

    s.189B(5) and (7) Housing Act 1996; s.195(5) and (8) Housing Act 1996.

  • [21]

    s.189B(5) and (7)(c) Housing Act 1996; s.195(5) and (8)(d) Housing Act 1996.

  • [22]

    para 14.24 and 14.25 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [23]

    para 16.22 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [24]

    Art 3 Homelessness (Suitability of Accommodation) (England) Order 2012/2601; para 16.20 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [25]

    paras 14.5 and 14.6 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [26]

    s.195(7) Housing Act 1996.

  • [27]

    s.206(1) Housing Act 1996.

  • [28]

    R (Imam) v London Borough of Croydon [2023] UKSC 45.

  • [29]

    R (on the application of Elkundi & Ors) v Birmingham City Council [2022] EWCA Civ 601.