Private rented sector offers
A private rented sector offer is an offer of a fixed term assured shorthold tenancy of at least 12 months, offered by a private landlord and arranged by the local authority.
Our private rented sector policy sets out how we carry out this duty.
Summary of the policy
If you’re eligible for assistance and are homeless or threatened with homelessness, we (the council) are required to find suitable accommodation for you.
Because there is more demand for social housing in Elmbridge than there are available social homes, finding homes in the borough or nearby relies on private rented sector housing.
The policy enables us to use the private rented sector tenancies to find accommodation. It aims to:
- make best use of good quality private sector accommodation
- widen the choice of housing available to homeless applicants
- enable applicants to find appropriate housing quickly
- build positive relationships with private sector landlords
- reduce the use of temporary accommodation, including bed and breakfast accommodation
What we consider when making an offer
When we make a private rented sector offer (PRSO), we consider:
- any disruption to employment, caring responsibilities or education of the household:
- if you or your partner are in work (usually at least 16 hours per week), the location will be within reasonable travel to your work
- if you’re a carer, and care cannot be withdrawn due to the serious impact on the person’s wellbeing, then the location will be close enough by public transport to enable this
- if any members of the household are taking GCSEs at school (years 10 and 11, ages 14 to 16), or other vital exams, then they shouldn’t need to change schools, although an offer further away from the school may be made if public transport is available
- if any members of the household have a significant care package and healthcare options which cannot be transferred
We will develop the PHP (personal housing plan). We will find out the household’s circumstances and requirements. As part of this, we’ll find out the applicant’s views and wishes, but the offer will be based on the suitability assessment.
- how close and easy it is to get to medical facilities and other support the household needs.
- if any member of the household needs specialist medical treatment or support, which can only be provided in Elmbridge, the location will be nearby, though public transport may be needed
- any medical treatment or support needed by the applicant or household members, especially where health professionals believe changing provider or location would cause significant (exceptional) harm
- how close and easy it is to get to local services, facilities and public transport
- whether the applicant can afford housing along with basic essentials such as food, clothing, heating, transport or other necessities. The household needs to have enough income to meet these essentials.
- whether financial assistance is needed for a deposit or rent in advance
It’s not always possible to offer housing that avoids the need for parents or guardians to consider moving a child’s school. Before a household accepts and moves to a new address, we will advise the applicant of spaces at local schools. We will support with accessing application forms, connect applicants to local support and any other relevant support.
We’ll ensure that the PRSO is affordable for the tenant and their household based on the information in their application.
What to expect from an offer
When we make a private rented sector offer (PRSO), we’ll make sure that the property is suitable, which means:
- the property is not overcrowded at the time of the offer
- the property is in a reasonable physical condition, and free from any Category 1 hazards as defined by the Housing, Health, and Safety Rating system;
- the property meets the required gas safety regulations by having an up-to-date Gas Safety Certificate
- the property meets the electrical equipment regulations by having an up-to-date Electrical Safety Certificate;
- the property is appropriately licensed if the property is an HMO (house in multiple occupations
- there are appropriate fire safety precautions, including a working smoke alarm
- there are appropriate precautions to prevent the possibility of carbon monoxide poisoning in the property
- the landlord provides a valid Energy Performance Certificate (EPC)
- there is no evidence to suggest that the landlord of the property cannot be considered a ‘fit and proper person’ as defined by Section 66(2) of the Housing Act 2004
How we make an offer
The case officer will send a letter to the applicant before an offer is made by a landlord, which will explain:
- what happens if you refuse or accept the offer
- your right to request a review of the suitability of accommodation;
- if the PRSO is under the main housing duty, the letter will provide information on the re-application duty.
Applicants may have the opportunity to view accommodation but this is not always possible, for example due to the availability of the applicant or letting agent.
Once you either accept or refuse our private rented sector offer, our main housing duty to you ends.
Out of borough offers
We aim to offer private rented sector accommodation within the area, except when:
- we consider it beneficial to move the applicant out of the area (for example, to reduce the risk of domestic abuse or to access specialist services outside the borough)
- the applicant wants to move out of Elmbridge
- there isn’t any suitable accommodation within the borough
- it’s not possible to find accommodation within the borough within a reasonable time
We may also need to make out of borough private rented sector offers because private rents in Elmbridge are often above Local Housing Allowance rates. Surrounding areas may have lower private rents.
Where applicants are offered a property outside of the borough and not had the opportunity to view it, the council will ensure applicants have sufficient information about the location and services in the local area.
An offer of a private rented tenancy may not be suitable if:
- the applicant is unable to afford a private rented tenancy
- the applicant needs significant disabled adaptations to the property which cannot be met in the private rented sector
Re-application after 2 years
If an eligible applicant has become unintentionally homeless within 2 years of accepting a PRSO, the council will owe them the duty.
The date from which the 2 years begins is the date of acceptance of the PRSO, not the date when the tenancy was granted or when the applicant moved in.