Accommodation checks: Homes for Ukraine
The checks councils are required to carry out on a sponsor's home. Includes how two-tier councils conduct checks, and guest support needs.
Applies to England
Councils have a statutory duty to promote the welfare of adults and children at risk and reserve the right to check in on guests and inspect accommodation once they have arrived.
This duty may sit across different council functions in two-tier areas where statutory care duties sit with upper-tier councils, and housing duties with lower-tier councils. In these areas, a coordinated approach is appropriate.
The guidance for sponsors makes it clear that prospective sponsors will be subject to accommodation and welfare checks .
Councils must make at least one in-person visit prior to the arrival of guests wherever possible and we have asked councils to confirm that they have checked that the accommodation exists as part of their data return to the Department. The cost of checks should not be passed to the sponsor or guest.
We recognise that the sponsor scheme is a unique arrangement that is seeing people open up their homes in response to an international crisis. Accommodation checks should be proportionate to this, and we ask councils to take a common sense approach. Councils have full discretion on the approach they take to accommodation checks and the judgements they make during these visits.
We advise councils to check the accommodation is suitable for the number and profile of people intending to live in it, with access to adequate facilities, and that there are no serious safety issues, such as gas or electrical hazards. The Local Government Association has produced emerging good practice examples and resources that councils may find useful in this context, and will be working to support councils as they take this work forward.
Sponsors have been asked to check that their accommodation is suitable, which means it should:
- be kept clean and in a reasonable state
- have adequate kitchen and bathroom space
- have access to drinking water
- have a working smoke detector on each floor of the property and other fire safety precautions suitable for the building, for example fire doors or escape routes as appropriate. You can read more information on making your home safe from fire
- have a working carbon monoxide detector in any room containing a solid fuel burning appliance such as a coal fire or wood burning stove
- have sufficient heating to keep the property at a comfortable temperature
- have safe gas appliances, fittings, and flues:
- sponsors should make appropriate checks. A Gas Safety Certificate is not mandatory, but they might need one if they have cause for concern
- have safe and working electrics, which a qualified electrician can help with if they are unsure
- be reasonably free from damp or mould
- have doors and windows at entry level that lock properly
- be easy and safe to move around in, without excessively steep staircases that may cause harm
- be able to appropriately accommodate the number of guests that they are applying to sponsor
Sponsors are also informed about the legal requirements on overcrowding. However, councils may consider any factors they deem relevant in order to assess whether accommodation is suitable, enabling flexibility at a local level to deal with individual cases on their merits. Councils continue to retain powers and duties set out in the Housing Act 2004. This guidance does not replace or affect that.
Councils may use their discretion in determining the appropriate approach to undertaking these checks. Where possible, councils are encouraged to conduct an initial check of the accommodation before a guest arrives, except for in the case of a rematch, when the checks must take place in advance of move-in.
If a guest has additional care or support needs
Following the guest’s arrival, councils should confirm as soon as possible that the guest is well and that there are no serious safeguarding or welfare concerns or needs for care and support. Where it is suspected that the adult may have care and support needs, a needs assessment should be undertaken in line with the requirements of the Care Act 2014.
If, on checking the accommodation, a council decides that it is unsafe or unsuitable, we recommend that they speak with the owner of the property about changes that could be made to remedy any issues before deeming the property unsuitable. Again, this should be based on a pragmatic approach.
The government would encourage councils to support sponsors – particularly those that do not usually house guests or let out their property to tenants - to bring their properties to an appropriate standard where possible, for example, by working with the Fire Service to supply additional smoke alarms.
Councils retain the discretion to use their enforcement powers to require that issues be remedied if they judge that this is necessary and proportionate. For example, councils could undertake a risk assessment using the Housing Health and Safety Rating System and use their range of enforcement powers. Examples include hazard awareness notices and improvement notices. We encourage councils to only report the unsuitability of accommodation in the case management system (CMS) once they are content that the issue cannot or will not be remedied by the sponsor.
If the sponsor doesn’t rent their accommodation
Where no rent is being paid by the sponsor of the accommodation, and since no rent is payable by the guest under the scheme (nor does the thank you payment constitute ‘other consideration’), councils are not expected to require such accommodation to obtain a House in Multiple Occupation (HMO) licence, whether mandatory or additional (per the HMO definition in section 254 (2)(e) of the Housing Act 2004).
If the sponsor rents their accommodation
Where the sponsor is themselves paying rent for the accommodation being offered under the scheme, such as a tenant renting in the private rented sector, the property may be in scope of additional or mandatory HMO licensing schemes in operation in the area.
A tenant offering a spare room is already advised to seek their landlord’s consent before doing so. The landlord can consider whether they are happy to approve of the arrangement, including whether this may bring them within scope of HMO licensing in their local area.
Where accommodation is in scope of selective licensing, councils should take a pragmatic approach in recognition of the unique nature of the scheme.
Work-linked sponsorship
Local authorities should take steps to undertake safeguarding checks of all HFU visa holders, including those arriving to take up pre-arranged employment and where accommodation is provided on farms. For this cohort, local authorities should be checking that the offered accommodation:
- is suitable for the guest and their household, including for any children
- has been offered for a minimum period of 6 months
- has been offered free of any obligation to work
- is rent free. No deductions should be made from the National Minimum Wage in lieu of rent.
The post-arrival welfare check should be used to confirm that these conditions are met.
Where these criteria are met, the sponsorship arrangement should be recognised and thank you payments should be made in line with existing thank you payment guidance. Local authorities should undertake further periodic checks to assess their welfare particularly where children are accommodated, and to ensure that rent has not become payable.
If local authorities are not satisfied that these criteria are met, or the accommodation is otherwise unsuitable for the occupant, the accommodation should be marked as unsuitable on CMS. No thank you payment should be made.
The Gangmasters and Labour Abuse Authority (GLAA) should be alerted to any concerns around employment conditions experienced by arrivals in regulated employment sectors, including the agricultural sector. See information on how to report concerns. See information on workers’ rights.
Local authorities should ensure that accommodation provided on farms have appropriate safety features reflecting the age and specific needs of any children in the household. Further information about making your home safe for children can be found on the Child Accident Prevention Trust and the Royal Society for the Prevention of Accidents websites. Information on keeping children safe on farms is provided by the Health and Safety Executive (PDF, 638 KB).