Refusal of offer

An applicant cannot be intentionally homeless from accommodation they have never occupied. [1] It is, however, open to the authority to say it has discharged its duty by making accommodation available. This may be challenged if the property:

• is overcrowded and a danger to the health of the occupants

• does not meet any special needs of the household

• if the property is not in all respects fit for habitation [2]

• is not reasonable for the applicant to occupy.[3]

In deciding whether it would be reasonable for the applicant to occupy the property the local authority should consider her/his personal circumstances, including her/his personal needs and characteristics.[4]

If the applicant's challenge is successful, the council will not have discharged its duty to secure permanent accommodation and will be required to make a further offer. The applicant will not be deemed to have refused the first offer.

If an applicant feels that the offer made by the local authority does not fulfil their duty, the applicant should be able to both accept the offer of accommodation and apply for a review (within 21 days). This point has never been tested in a Scottish court. However, the Code of Guidance states that, 'it would be expected in normal circumstances that a local authority should hold a property offered pending the outcome of the review. Ensuring that the review is carried out promptly will minimise the period where there may be any loss of rental income for the landlord.' In addition, English law allows an offer to be simultaneously accepted and reviewed. [5] There is nothing in Scots law to prevent this from occurring and the wording of the legislation leaves such a possibility open. [6] If the review is successful the council's duty to provide suitable accommodation will effectively be reactivated.

Any decision on the suitability of an offer made by a local authority should be based on the facts at the time of the review rather than at the time of the application or the original decision. [7]

An applicant should be given a reasonable time to decide whether to accept or reject an offer. 48 hours has been deemed by the courts to be an inadequate time to decide on an offer.[8]

Even if the applicant has turned down a reasonable offer made by the local authority, its duty to provide accommodation may be revived by a material change in the circumstances of the applicant.  To establish a material change, the applicant must show that there has been such a change as to make the accommodation previously offered clearly unsuitable.[9]