PRSO — Private Rented Sector Offer
PRSO = assured shorthold tenancy of at least 12 months in a private rental. Council can end main duty (s.193) by offering a suitable PRSO. Don't refuse verbally: you can accept under protest + simultaneously request s.202(1)(f) review. Key safety net: s.195A — if you become homeless again within 2 years, main duty re-arises without checking priority need.
What is a PRSO
Legal basis: Housing Act 1996 s.193(7AA)–(7AC), inserted by Localism Act 2011, in force from 9 November 2012.
Conditions:
- AST of ≥12 months fixed term (s.193(7AC))
- With a private landlord (not council, not social housing)
- Under arrangements between council and landlord
- With council's approval
- Must be suitable (s.210 + Suitability Order 2012)
- Express purpose — to end main duty
s.193(7B) notice — 4 mandatory elements
Council must, in writing, notify you of:
- That the offer is made under s.193(7AA) (it's a PRSO, not informational)
- Possible consequences of refusal (main duty will end)
- Right to review under s.202(1)(f)
- Effect of s.195A — 2-year re-application
Strict compliance. Multiple county court appeals have overturned PRSO decisions for missing one of the 4 elements. Check immediately.
Suitability — enhanced test (Order 2012 art 3)
Accommodation is NOT suitable if ANY of the following fails:
Affordability — Samuels v Birmingham [2019] UKSC 28
Supreme Court: affordability cannot just be «benefit income covers rent» or «gap can be bridged». Council MUST:
- Account for all sources of income (housing benefit, UC housing element, child benefit, child tax credit)
- Objectively assess reasonable living expenses — food, utilities, transport, clothing, school costs, essentials
- Use recognised benchmarks — Joseph Rowntree Foundation Minimum Income Standards (cited in Samuels)
- Compare income vs reasonable expenditure BEFORE checking rent
PRSO at LHA rate that leaves a household with negative residual income after essentials = unaffordable = unsuitable. Many PRSOs fail at this stage.
s.195A — 2-year safety net
If within 2 years of accepting a PRSO you become homeless again and:
- Eligible
- Not intentionally homeless
Council owes full main duty again — even if you no longer have priority need. Critical protection: accepting a PRSO doesn't mean «losing» the homelessness route if the private tenancy fails through no fault of yours.
What to do when offered a PRSO
- Don't refuse on the spot. Don't sign the AST on the spot either. Ask for everything in writing.
- Request in writing the suitability assessment, affordability calculation (Samuels), gas/EPC/electrical certificates, smoke/CO alarm confirmation, deposit protection, landlord fit-and-proper check, HMO licence (if applicable)
- Check the s.193(7B) notice — all 4 elements?
- If property is out of area, request the out-of-area policy + Nzolameso enquiries (see /en/homelessness/out-of-area/)
- Request s.202(1)(f) review of suitability BEFORE deciding to accept (s.202(1A)). You can «accept under protest» + pursue review
- Review request deadline — 21 days from notification
- Pending review — interim accommodation discretionary under s.188(3). Request in writing. If refused, consider JR.
Scripted reply for the council
You can email this verbatim:
(1) your full suitability assessment for this property, including the affordability calculation showing my income, benefits, and reasonable living expenses in line with Samuels v Birmingham [2019] UKSC 28;
(2) the gas safety record, EPC, electrical safety confirmation, smoke and CO alarm confirmation, deposit protection details and your fit-and-proper-person check on the landlord;
(3) if this property is out of area, your published out-of-area placement policy and the enquiries you made about my links to the borough under Nzolameso v Westminster [2015] UKSC 22;
(4) the written notice under s.193(7B) confirming the offer is a PRSO, the consequences of refusal, my right to a review under s.202(1)(f), and the effect of s.195A.
I am also requesting a review of suitability under s.202(1)(f) and asking that interim accommodation under s.188(3) continue pending review.
Common failures (grounds for review)
Frequently asked questions
What is a PRSO?
Private Rented Sector Offer — assured shorthold tenancy of at least 12 months in a private rental. The council can use it to end main duty (s.193) by offering a suitable PRSO. s.193(7AA)–(7AC), Localism Act 2011, in force from 9 November 2012.
Am I obliged to accept a PRSO?
NO — but if you refuse a suitable PRSO, main duty ends. Before refusal, always request s.202(1)(f) review of suitability. You can accept under protest + review.
What is the s.195A safety net?
If within 2 years you become homeless again from this PRSO through no fault of your own, main duty re-arises AUTOMATICALLY, even without checking priority need. Strongest protection.
What is affordability after Samuels?
Per Samuels v Birmingham [2019] UKSC 28 — you can't just check «do benefits cover rent». Council MUST: account for all benefits + objectively assess essential expenses (food, utilities, transport, clothing, school costs). Joseph Rowntree Foundation MIS — recognised benchmark.
What to check in a PRSO offer?
Gas safety certificate, EPC, electrical safety, smoke + CO alarms, deposit protection, landlord fit-and-proper check, HMO licence (if applicable), affordability calculation (Samuels), suitability (location/Nzolameso), s.193(7B) written notice with all 4 elements.