When the council offers you a home, whether from the housing register or as part of a homelessness duty, the decision to accept or refuse it is one of the
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When the council offers you a home, whether from the housing register or as part of a homelessness duty, the decision to accept or refuse it is one of the most important you may face. Refusing an offer can have serious consequences, including losing your place on the waiting list or the council deciding it no longer has a duty to house you. Below we walk through what those consequences are and what rights you have.
Types of offer and what refusal means
The consequences of refusing a housing offer depend on how the offer was made and on what basis you are being housed.
If you are on the housing register (waiting list)
If you are offered a property through the housing register, usually via a choice-based lettings system where you bid on available properties, refusing an offer may result in:
- Your bid being cancelled and having to wait for another suitable property to come up
- In some councils, a warning or reduction in your priority banding
- In some councils, removal from the register entirely if you refuse without good reason
Councils have different policies. Some allow multiple refusals without consequence; others impose strict limits. Check your council's allocation policy, it must be published and available on request.
If you are homeless and the council has accepted a main housing duty
If the council has accepted a main housing duty toward you (under section 193 of the Housing Act 1996) and offers you settled accommodation, either a council tenancy, a housing association tenancy, or a private rented sector tenancy, refusing that offer may end the council's duty to house you.
If you refuse a suitable offer of settled accommodation, the council can discharge its duty and will no longer be required to provide you with accommodation. This is a very serious outcome.
Private rented sector offers
The council may offer you a private rented tenancy to discharge its duty to you. This is allowed in law. The tenancy must be for at least 12 months, must be in a suitable location, and the property must be in a reasonable condition. Refusing a private rented sector offer can also end the council's duty.
Can I challenge the suitability of an offer?
Yes. You have the right to request a suitability review of any offer made to you. The council must consider:
- Whether the property is large enough for your family
- Whether the property is in a suitable location, for example, whether moving there would disrupt your children's schooling, your employment, or your support network
- Whether the property is accessible if you have a disability
- Whether the property is in a reasonable condition
You should ask for a suitability review in writing as quickly as possible, usually within 21 days of the offer. You can request this review even if you have already refused the offer.
If the review finds the property was unsuitable, the council must make you another offer. If the review upholds the council's decision, you may be able to appeal further on a point of law at the county court within 21 days of the review decision.
What is a "reasonable" offer?
There is no single answer. A property may be unsuitable if:
- It is overcrowded for your family size
- It would place you far from medical treatment you need
- It would place your children in a school catchment where there are no places
- It has serious disrepair
- It is on a floor without lift access and you are unable to manage stairs
- It is in an area you have had to leave for safety reasons (for example, because of domestic abuse)
You should explain your reasons clearly and in writing and keep a copy.
Refusing because of disrepair
If the property offered to you is in disrepair, damp, mould, broken heating, structural problems, this may be grounds to challenge its suitability. You should put your concerns in writing to the council immediately and request the suitability review.
If you are placed in a property that has disrepair and your landlord does not fix it, you may have a separate housing disrepair claim. Call us on 0800 030 4669 if your home has disrepair and your landlord has not responded.
If you are unsure whether to accept or refuse
Get advice before refusing any offer of settled accommodation. Refusing a suitable offer when you are homeless can have life-changing consequences, including losing your right to council housing entirely and being left to find accommodation privately.
Free advice is available from:
- Your council's housing advice service
- Citizens Advice
- A local law centre
When should I contact Support for Tenants?
If you have been placed in accommodation, council, housing association, or private rented, that has disrepair and your landlord has not fixed it, call us on 0800 030 4669.
No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.
Sources
- Section 193, Housing Act 1996 (main housing duty) (legislation.gov.uk)
- Housing Act 1996, Part 6 (allocation of housing accommodation) (legislation.gov.uk)
Related articles
- How to apply as homeless to the council
- Priority need, what counts when you apply as homeless
- Suitability review, temporary accommodation
- Challenging a section 184 homeless decision
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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