When is it reasonable to refuse a housing offer?
“Choice based lettings” doesn’t mean that Locata members can refuse offer after offer. Unfortunately it is not an ideal world, and people cannot expect to wait for their perfect home.
Recently we have had to make some hard decisions. The numbers of homeless families in bed and breakfast, and those waiting there for unacceptably long periods of time, have escalated. The council simply cannot find enough housing at below local housing allowance rents. It means we are having to offer homes in places where rents are lower, and where families will not find their home unaffordable when the housing benefit caps come in next April. It also means that, when we do offer local homes, they are likely to be smaller than ideal, and in areas that families may not consider their first choice.
We always advise people to accept an offer, even if they wish to challenge it. Reviews of suitability decisions can take up to 8 weeks, by which time you may have already been evicted from your temporary accommodation. If the review upholds the original decision the council’s homelessness duty has ceased, and it will be up to you to find your own accommodation.
If there are genuine medical, welfare or safety reasons why a particular home would be unsuitable for you we will overturn our own decision and allow you to carry on bidding. But many of the reasons people give for refusal do not fall into these categories, and many of our decisions are upheld. Here are some of the recent reasons people have given us for refusing offers:
Reasons given for refusal and the council’s response
Most households now prefer open plan; the property meets current building regulations and poses no risk to health and safety. There is no entitlement to a living room and the lack of one does not make a home unsuitable.
If this is a concern the parents can take that room and put the children in another room
There is no entitlement to a garden – a small private garden is a bonus and its small size does not make the property unsuitable
There is no entitlement to outside drying space
It is unlikely that children are less likely to do their homework providing a parent supervises
The nearest bus stop was 10 minutes walk; quite reasonable if no-one in the family has mobility problems
If the room sizes meet minimum space standards the offer cannot be unreasonable
We will ensure minor repairs that risk health and safety are carried out before occupation
Redecoration is the responsibility of the tenant, unless it is so poor that there is a risk to health and safety
There is no entitlement to furniture and its lack does not make the property unsuitable. Tax payers’ money cannot be spent on items that would belong to the tenant
There is no entitlement to the perfect offer. We aim to be as fair and reasonable as possible to all the people on our waiting list.
It is the tenant’s choice where he or she worships, and they can use public or private transport to visit a suitable place
Only written clear evidence of medical problems which require additional care that cannot be met by the immediate family would make the offer unsuitable
While taking children with you to the WC may be an inconvenience it does not make the accommodation unsuitable.
When you move to a new home it is quite common for not all your belongings to fit – you may need to consider selling some of them or putting them into storage. It doesn’t make the home unsuitable for you & your family