The council may offer you a home. This can come from the housing register, or as part of a homelessness duty. Saying yes or no is a big decision. Refusing an
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The council may offer you a home. This can come from the housing register, or as part of a homelessness duty. Saying yes or no is a big decision. Refusing an offer can have serious results. You could lose your place on the waiting list. Or the council could decide it no longer has a duty to house you. Below we explain those results and your rights.
Types of offer and what refusal means
What happens if you refuse depends on two things. It depends on how the offer was made. It also depends on why you are being housed.
If you are on the housing register (waiting list)
You may be offered a home through the housing register. This usually works through a choice-based lettings system, where you bid on homes. If you refuse an offer, this may happen:
- Your bid is cancelled and you wait for another suitable home to come up
- In some councils, you get a warning or a drop in your priority banding
- In some councils, you are removed from the register if you refuse without a good reason
Councils have different rules. Some let you refuse a few times with no penalty. Others set strict limits. Check your council's allocation policy. It must be published and given to you if you ask.
If you are homeless and the council has accepted a main housing duty
The council may accept a main housing duty toward you (under section 193 of the Housing Act 1996). It may then offer you settled accommodation. This could be a council tenancy, a housing association tenancy, or a private rented sector tenancy. If you refuse that offer, the council's duty to house you may end.
You may refuse a suitable offer of settled accommodation. If you do, the council can discharge its duty. It will no longer have to give you a home. This is a very serious result.
Private rented sector offers
The council may offer you a private rented tenancy to discharge its duty to you. The law allows this. The tenancy must last at least 12 months. It must be in a suitable place. The home 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 ask for a suitability review of any offer. The council must think about:
- Whether the home is big enough for your family
- Whether the home is in a suitable place. For example, would moving there upset your children's schooling, your job, or your support network?
- Whether the home works for you if you have a disability
- Whether the home is in a reasonable condition
Ask for a suitability review in writing as soon as you can. This is usually within 21 days of the offer. You can ask for this review even if you have already refused the offer.
The review may find the home was unsuitable. If so, the council must make you another offer. The review may also agree with the council's decision. If that happens, you may be able to appeal further on a point of law. This goes to the county court within 21 days of the review decision.
What is a "reasonable" offer?
There is no single answer. A home may be unsuitable if:
- It is overcrowded for your family size
- It would put you far from medical treatment you need
- It would put 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 cannot manage stairs
- It is in an area you had to leave for safety reasons (for example, because of domestic abuse)
Explain your reasons clearly and in writing. Keep a copy.
Refusing because of disrepair
The home you are offered may be in disrepair. This means damp, mould, broken heating, or structural problems. This may give you grounds to challenge the home is suitable. Put your concerns in writing to the council straight away. Ask for the suitability review.
You may be placed in a home that has disrepair. If 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 you refuse any offer of settled accommodation. Refusing a suitable offer when you are homeless can change your life. You could lose your right to council housing for good. You could be left to find a home 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?
You may have been placed in accommodation that has disrepair. This could be council, housing association, or private rented. If 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, not your pocket. 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, not a promise; every case is different.
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