Councils in England have clear duties when they offer private-rented sector accommodation to people who are homeless or facing eviction. This page explains what a private-rented sector offer (PRSO) means for tenants and renters, how councils must assess suitability, the timescales involved and your practical options if you want to accept, refuse or challenge an offer. The guidance covers the written offer, necessary checks on habitability and tenancy terms, and where to take an appeal or request a review. Use this information to keep records, meet deadlines and understand the official forms and tribunal routes available to protect your rights in England.
What councils must do when offering private-rented sector accommodation
Councils must follow legal duties when they make a private-rented sector offer: assess your homelessness application, ensure the property is suitable, provide a written offer and tell you how to accept or challenge it. Councils refer to statutory duties in housing legislation and national guidance when assessing suitability and making offers.[1][2][3]
Key parts of a lawful offer
- The council must carry out an assessment and state any time limits for accepting the offer.
- The property must meet basic standards of repair, heating, water and sanitation.
- The offer must be made in writing and explain tenancy length, rent and who is responsible for repairs.
- The council should record checks and any landlord references or vetting information used to make the offer.
If the council considers you intentionally homeless or decides you have a local connection that affects your priority, they must explain the reasons in writing and tell you how to request a review or appeal the decision.
What suitability means for tenants
Suitability covers practical issues a tenant would reasonably expect: size and condition of the property, safety, location relative to work or schools, and tenancy terms such as rent and deposit. If a property is unsuitable, you can ask the council to explain why they consider it suitable and request a review.
How offers affect your rights
If you accept a PRSO that the council has properly made, your main housing duty is likely discharged and you will normally have the private tenancy terms agreed with the landlord. If you refuse a suitable offer without good reason the council may treat the duty as ended; however, if you have good cause to refuse the offer you should explain this in writing and request a suitability review.
Practical example: refusing an offer
If the council offers you a one-bedroom tenancy 45 miles away from your child’s school and you cannot reasonably move, tell the council in writing why the property is unsuitable and ask for a review. Keep copies of your letter; if the review does not resolve the issue you can take the decision to the First-tier Tribunal (Property Chamber).[5]
FAQ
- What is a private-rented sector offer?
- A private-rented sector offer is when a council offers a tenancy in the private rented market to discharge its housing duty to a homeless applicant. The offer must be in writing and explain the tenancy terms.
- Can I refuse a PRSO and still get rehoused?
- You can refuse an offer, but if the council shows the offer was suitable and you unreasonably refused it, they may end their main duty. Explain your reasons in writing and request a review to protect your position.
- How do I challenge the suitability of an offer?
- Ask the council for a written review within the deadline they provide; if the outcome is unsatisfactory you can appeal to the First-tier Tribunal (Property Chamber) or follow the council’s internal review process.
How-To
- Request a written copy of the offer and any suitability assessment from the council as soon as you receive it.
- Gather evidence showing why the property is unsuitable, such as medical letters, school records or photographs of issues.
- Submit a written request for a review to the council before the deadline, attaching your evidence and saying what outcome you want.
- If the review upholds the offer and you still disagree, ask how to take the decision to the First-tier Tribunal (Property Chamber) and note any tribunal time limits.
- Keep copies of all letters, emails and receipts, and contact your council housing options team for practical support while you wait for a review or hearing.
Key Takeaways
- Councils must make offers in writing and explain suitability and timescales.
- Keep evidence and respond quickly to preserve review and appeal rights.
- The First-tier Tribunal (Property Chamber) can hear disputes about suitability.
Help and Support / Resources
- Homelessness code of guidance for local authorities
- First-tier Tribunal (Property Chamber)
- Give a tenant a section 21 notice (model form and guidance)
