Enhanced suitability requirements for private rented accommodation

Enhanced suitability standards apply where a local authority offers a person private rented sector accommodation under a homelessness duty.[1] For example, the local authority must ensure the property is in a reasonable condition of repair and that the landlord is a fit and proper person.

The enhanced standards apply to:[2]

• a private rented sector offer to discharge of the main housing duty 

• a final accommodation offer of a six month assured shorthold tenancy made at the relief duty stage or where a person has deliberately and unreasonably refused to cooperate

• accommodation secured under the prevention or relief duty for a person who has a priority need

Find out more about offers of accommodation in homelessness applications.

When enhanced requirements do not apply

The enhanced suitability requirements do not apply to:[3]

• private rented accommodation secured at prevention or relief stage for a household without a priority need

• accommodation identified independently and where a person has been given help to secure it, for example with a rent deposit

However, even when the enhanced suitability requirements do not apply, the authority should still make reasonable efforts to ensure that private rented accommodation secured for applicants is safe and in reasonable condition, and provide the person with information about housing standards.

The local authority must meet the general requirements relating to housing standards when deciding if accommodation is suitable for a person and their family.

When the enhanced standards apply the authority must be satisfied that:[4]

• the accommodation is in a reasonable physical condition

• any electrical equipment provided complies with electrical safety regulations

• reasonable precautions to ensure fire safety and avoid carbon monoxide poisoning have been taken

• there is a current gas safety record

• there is a valid energy performance certificate

• if the accommodation is a house in multiple occupation (HMO), it is duly licensed

• the landlord has provided the local authority with a copy of the written tenancy agreement to be used, and the local authority is satisfied it is adequate

• the landlord is a 'fit and proper person'

Enhanced suitability assessment

The local authority should base a suitability assessment on evidence rather than assuming a property let by a landlord meets the requirements.[5] For example, an authority must investigate the property's physical condition or receive a report about it from a reliable source before approving an offer.[6]

Where the landlord is established and reputable, the authority can use reports from the landlord as evidence, such as an inspection certificate.[7]

Local authorities must be satisfied that landlords are fit and proper persons to be a landlord. This assessment involves consideration if the landlord has:[8]

• committed any offences involving fraud or other dishonesty, violence or illegal drugs, or that are listed in Schedule 3 to the Sexual Offences Act 2003

• practised unlawful discrimination on grounds of sex, race, age, disability, marriage or civil partnership, pregnancy or maternity, religion or belief, sexual orientation, gender identity or gender reassignment in, or in connection with, the carrying on of any business

• contravened any provision of the law relating to housing (including landlord or tenant law)

• acted otherwise than in accordance with any applicable code of practice for the management of a house in multiple occupation, approved under section 233 of the Housing Act 2004.

Out-of-area placements

The Secretary of State recommends that when placing households outside of their district that the authority liaise with the receiving district to check whether that authority has taken any enforcement activity against the landlord.

A local authority must investigate the property's physical condition or receive a report about it from a reliable source before approving an offer.[9] Where the landlord is established and reputable, the authority may use reports from the landlord as evidence, for example an inspection certificate.[10]

Where an inspection is required, this should be carried out by a local authority officer or someone acting on their behalf.

The inspector should look for signs of damp or mould and indications that the property would be cold. They should carry out a visual check of electrical installations and equipment. For example looking for loose wiring, cracked or broken electrical sockets, light switches that do not work and appliances which do not appear to have been safety tested. [11]

When deciding whether any accommodation offered in discharge of homelessness duties is suitable the local authority must consider legal requirements:[12]

• on slum clearance and overcrowding

• under the Housing Health and Safety Rating System

• on licensing of HMOs and other accommodation

As a minimum, authorities should ensure that any accommodation is free of category 1 hazards,[13] and is fit for human habitation.[14]

An authority is not under a duty to carry out a full inspection and a hazard assessment under the Housing Health and Safety Rating System before deciding if accommodation offered to a person is suitable, even when the person complaints about noise and its conditions. The authority is entitled to decide on the basis of evidence already available to them whether an inspection is necessary.[15]

It is usually in the person’s best interests to accept the offer and request a suitability review.

A person can request an internal review of an authority's offer of temporary or permanent accommodation.

A person does not have a statutory right to an internal review of the suitability of interim accommodation offered by a local authority while carrying out homelessness inquiries. The suitability of interim accommodation can only be challenged by way of judicial review.

Find out more about challenges to accommodation suitability.