Refusing an offer of Temporary Accommodation

Housing Options Customer Service

Don't refuse an offer out of hand - talk to us about it

When making offers of accommodation we follow a temporary accommodation placement policy. This outlines the type of accommodation we think is suitable for you.

At present we cannot offer you a choice of temporary accommodation, so you may have to accept a flat that you would not necessarily choose for yourself.

How many offers will I get?

One offer only

You are entitled to one offer of suitable temporary accommodation only.

Under the Housing Act, if you refuse an offer of suitable accommodation our duty to provide you with housing will end.

No more offers

You will have to leave your temporary accommodation and we will not make you any more offers.

No more bidding

You will no longer be entitled to permanent housing, so we will stop you from bidding in Choice Based Lettings.

Find your own housing

You will have to find somewhere to live for yourself when you leave your temporary accommodation.

Intentionally homeless

If you become homeless because of this, you will probably be found intentionally homeless should you re-apply for housing assistance to Westminster, or any other council.

If you think the home we have offered is unsuitable

Don't refuse it out of hand

If you think the home we have offered is unsuitable, please don't refuse it out of hand - the consequences can be very severe. Please talk it through with us before you make any decisions.

Independent legal advice

It is also a good idea to get independent legal advice before deciding whether to refuse an offer.

Further information needed

We may ask you to provide further information to support your refusal.

For example, if you say that the property is unsuitable because you cannot manage the stairs, we will ask you to have a medical assessment to confirm this.

If we agree the offer is unsuitable

We will withdraw the offer and will keep looking for a different home for you. We will write to you to confirm this.

If we think that the offer is suitable

We will not withdraw the offer. We will expect you to sign the tenancy and move in to the property.

Asking for a review

You can ask for a review of this decision whether you decide to accept or refuse the offer we have made.

If you accept the offer

If you think the home we have offered is unsuitable, you can ask us to review our decision - whether you accept or refuse the offer.

If you accept the offer, you must move in to the property. You then ask for a review. A senior officer, not involved in the original decision, will look again at whether the property is suitable for you.

If the review officer decides the property was unsuitable

We will put you on the transfer list and will offer you a different property when something suitable comes up. Our duties to you under the Housing Act do not change.

If the review officer decides that the property was suitable

You will be able to stay in the property until you move to permanent accommodation, or until your tenancy ends for some other reason. Our duties to you under the Housing Act do not change.

If you have doubts

If you have any doubts about the suitability of the property, we strongly advise you to accept the offer, move in and request a review. This way you do not risk losing your home altogether if the review does not go your way.

Very important

Please remember that if you refuse a suitable offer, there are very serious consequences. You will lose your home and will not be given further housing. By accepting the offer and asking for a review, you avoid these risks.

Please talk this through with us here at HOS before making any decisions. We are here to help.

If you refuse the offer

If you think that the property we have offered is unsuitable, you may refuse the offer. If you do this, you may request a review of our decision to offer you the property.

You can stay in your temporary home while the review is completed.

If the review officer decides that the offer is unsuitable

We will offer you a different property when something suitable comes up. You will remain on the list as before and will be able to bid for a permanent home through Choice Based Lettings.

If the review officer decides that the property was suitable

• our duty to provide you with housing will end
• we will evict you from your temporary home
• we will not offer you any other properties
• we will stop you from bidding in Choice Based Lettings and you will not get a permanent home
• you will have to find a home for yourself

Right to appeal in the County Court

You have the right to appeal against this decision on a point of law in the county court. You have 21 days in which to lodge your appeal. The decision will only be overturned if you can demonstrate that the law has been incorrectly applied.

Intentional homelessness

If you become homeless because of this, it is very likely that you will be found intentionally homeless should you re-apply for housing assistance to Westminster, or any other council. This means you will probably not get help with housing again.

Serious consequences

If you refuse an offer of suitable accommodation, the consequences are very serious. You will be left with no housing and will have to find somewhere to live for yourself. This might be difficult, due to the shortage of housing in London.

There are other ways to challenge our offer - you don't have to refuse the property outright. Before you make any decisions, please think carefully about your situation.

Here to help

If you have any doubts or worries about an offer that we have made and you don't know what to do, the best thing is to contact us straight away. Our officers will listen and will help you decide on the best course of action. We are here to help!

Asking for a review

You have a legal right to ask for a review of the decision to offer you a particular flat, whether you decide to accept the offer or not. Section 202 of the Housing Act 1996 gives you this right. You should ask for a review if we think the flat is suitable but you disagree.

21 days in which to make your request

You must ask for a review within 21 days of receiving the offer. You must tell us why you think the property is unsuitable and give us any information supporting your case.

56 days to complete the investigation

Once we have received your request we must finish the review within 56 days. If we do not do this, you have the right to challenge the decision in the County Court.

Refuse or accept the offer?

You can ask for a review whether you refuse or accept the property. A senior officer not involved in the original decision will carry out the review. The review officer will look at all the information available and decide whether the property is indeed suitable.