If the social landlord is unable to complete the relevant safety work within the initial remediation period (5 working days from the completion of the investigation that identified the hazard for a significant hazard or 24 hours for an emergency hazard), they must secure the provision of suitable alternative accommodation at their expense, until the relevant safety work has been completed.

The provision of suitable alternative accommodation must extend to anybody who usually lives in the property as a member of the tenant’s family and in accordance with the lease, including children who would usually stay in the property overnight for at least one night a week.

If the tenant rejects the offer of suitable alterative accommodation they can choose to stay with family or friends instead, or choose to stay in their home whilst the property is made safe.

8.1 Providing a tenant with suitable accommodation

Where the social landlord must secure the provision of suitable alternative accommodation they must take into account the needs of the household to be assess what is ‘suitable’. This could include:

• ensuring adequate space for the tenants, including appropriate number of bedrooms given the tenants’ family make up
• location of the property, considering distance form tenants’ workplaces or schools
• considering disability or medical needs to ensure accommodation is accessible for tenants with mobility issues
• length of stay in alternative accommodation. Accommodation that is suitable for a short period may not be suitable for a longer period. For example, if a family of four is provided accommodation for one night only whilst an emergency hazard is addressed in their home, a hotel may be suitable. If relevant safety work is estimated to take six weeks to complete, a hotel without adequate facilities and space would not be suitable due to lack of space and facilities such as a kitchen to prepare meals

Provision of alternative accommodation could include accommodation in vacant social housing stock, private rented homes or hotels/B&Bs, but suitability will need to be assessed on a case by case basis.

The requirement to secure the provision of suitable alternative accommodation ends if:

• the relevant safety work is completed
• another investigation concludes that there is no significant or emergency hazard or no relevant safety work
• the landlord cannot do the work as they have not been able to secure the necessary consents
• the tenants no longer wish to remain in the alternative accommodation and the named tenant gives the social landlord notice of this in writing

Once the social landlord has provided the tenant with suitable accommodation, they:

• must endeavour to minimise the amount of time tenants are in alternative accommodation by completing relevant safety works as soon as reasonably practicable
• must keep the named tenant updated on progress and next steps. This should include reasons for any delays and when they should expect to return home
• should agree with the tenant on what, if any, additional costs and compensation/inconvenience payments there may be to the tenant should they be required to stay in suitable alternative accommodation. This may include reimbursement payments to cover transport and food costs or compensation for time off work

8.2 Tenant refusing alternative accommodation

Tenants may have reasons to decline being moved from their homes, even if temporarily. Social landlords should make the risks of staying in the home clear to tenants, before the end of the initial remediation period or as soon as reasonably practicable thereafter. Social landlords should make it clear to tenants that they have a choice whether to accept or decline an offer of alternative accommodation, the ultimate decision as to whether to leave their home and move into alternative accommodation sits with the tenant(s).

Social landlords must offer suitable alternative accommodation. Should the named tenant refuse alternative accommodation then change their mind, social landlords are not required to provide further offers of suitable accommodation. However, where appropriate social landlords should also consider their wider policies, procedures and duties to keep tenants safe where a tenant has previously refused an offer of alternative accommodation. Where there has been a material change in circumstances, all relevant requirements under Awaab’s Law are triggered again, including, where applicable, the duty to provide suitable alternative accommodation’.

Tenants can choose to return to their home at any time, and the requirement for the social landlord to secure the provision of alternative accommodation will be brought to an end if the named tenant notifies the social landlord in writing that they no longer wish to be provided with it.

If anyone chooses to remain in the property in the period before the relevant safety work is completed (for example if an alternative rehousing offer is declined, or if only part of the household move out), the social landlord must provide information on any actions that occupants could take or avoid to mitigate the risk of harm, or let the named tenant know if they do not think it is possible for the occupant to do anything to mitigate that risk.

Social landlords may wish to facilitate alternative options if a tenant declines an offer of accommodation (or the whole of the tenant’s household does not want to move to alternative accommodation). This may include additional costs or compensation/inconvenience payments.

A named tenant should inform their social landlord in writing if they wish to make their own arrangements or change agreed arrangements.