council and housing association housing - age uk · pdf filethe government published...

24
Factsheet 8 April 2014 1 of 24 Council and housing association housing Factsheet 8 April 2014 Council and housing association housing About this factsheet This factsheet gives information about rented housing that may be available either from the council (local authority) or a housing association. It explains how to apply for it and who is likely to qualify for it. It also describes what to do if you want to move to another local authority area. Information on homelessness can be found in Age UK’s Factsheet 89, Homelessness. You can find information on private rented housing in Age UK’s Factsheet 63, Finding private rented accommodation and information on specific housing for older people in Age UK’s Factsheet 64, Retirement (sheltered) housing and Age UK’s Factsheet 2, Buying retirement housing. For information on your rights as a tenant see our range of factsheets on tenants’ rights. The information in this factsheet is correct at the time of writing. The information given in this factsheet is applicable in England and Wales. Different rules may apply in Northern Ireland and Scotland. Readers in these nations should contact their respective national Age UK organisations for information specific to where they live – see section 12. For details of how to order other factsheets and information materials mentioned inside go to section 12.

Upload: ledat

Post on 01-Feb-2018

217 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 1 of 24

Council and housing association housing

Factsheet 8 April 2014

Council and housing association housing

About this factsheet

This factsheet gives information about rented housing that may be available

either from the council (local authority) or a housing association. It explains

how to apply for it and who is likely to qualify for it. It also describes what to

do if you want to move to another local authority area.

Information on homelessness can be found in Age UK’s Factsheet 89,

Homelessness.

You can find information on private rented housing in Age UK’s Factsheet 63,

Finding private rented accommodation and information on specific housing

for older people in Age UK’s Factsheet 64, Retirement (sheltered) housing

and Age UK’s Factsheet 2, Buying retirement housing.

For information on your rights as a tenant see our range of factsheets on

tenants’ rights.

The information in this factsheet is correct at the time of writing.

The information given in this factsheet is applicable in England and Wales.

Different rules may apply in Northern Ireland and Scotland. Readers in these

nations should contact their respective national Age UK organisations for

information specific to where they live – see section 12.

For details of how to order other factsheets and information materials

mentioned inside go to section 12.

Page 2: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 2 of 24

Council and housing association housing

Inside this factsheet

1 Recent developments 3

1.1 In England 3

1.2 In Wales 4

2 Introduction 7

3 Local authority allocation scheme 8

4 Making an application 11

5 Choice-based allocation scheme 12

6 The offer 13

7 Challenging the decision 14

8 Renting from a housing association 15

9 Sheltered accommodation 15

10 Moving to another council or housing association area 16

10.1 Mutual exchange 16

10.2 Transfers 17

10.3 Moving to another area 18

11 Useful organisations 18

12 Further information from Age UK 22

Page 3: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 3 of 24

Council and housing association housing

1 Recent developments

1.1 In England

The Localism Act 2011

The Localism Act 2011 enables councils to better manage their housing

waiting lists and aims to make it easier for existing social tenants to move. It

includes reforms of social housing (in part 7), including:

The power for local housing authorities to decide who can apply for social

housing within their area (though, it should be noted, the rules regarding

who should get priority for social housing will continue to be set by central

government, by means of the statutory Reasonable Preference categories;

see section 3)

Local authorities can now end the main housing duty to a homeless

applicant by an offer of private rented accommodation. This offer must be

for a minimum of 12 months. The change will not apply to people who have

applied as homeless before 9 November 2012 (for more information about

homelessness see Age UK’s Factsheet 89, Homelessness).

New form of flexible tenure for new social housing tenants for fixed term not

shorter than 2 years.

New ‘affordable rent’ for tenants of registered providers of social housing

(local authorities and private providers of social housing such as housing

associations) set at 80% of market rents.

The Act also required all local authorities to publish a tenancy strategy by 15

January 2013 setting out the principles which all social housing providers in

their area must consider in setting their own tenancy policies on:

the types of tenancies they will offer

the circumstances in which different types of tenancies will be offered

if they decide to offer fixed-term tenancies, what the length of the fixed

term will be

the circumstances in which they will offer a further tenancy when the fixed-

term ends.

Page 4: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 4 of 24

Council and housing association housing

Regulation of housing associations

The Act abolished the Tenant Services Authority, transferring its regulatory

functions to the Homes and Communities Agency (see section 11).

Government guidance on allocation of accommodation

The government published ‘Allocation of accommodation: Guidance for local

housing authorities in England’ on 29 June 2012. This guidance replaced all

previous statutory guidance on allocations (see section 2).

Ombudsman services

From 1 April 2013, changes have been made to how social housing tenants

can complain to an Ombudsman. From this date complaints about registered

providers of social housing (including local authorities) in regard to their

functions as landlords must be directed to the Housing Ombudsman Service

(HOS). However, complaints about local authority wider activities such as

discharging their statutory homelessness duties or housing allocation under

Part 6 of the Housing Act 1996 are still dealt with by the Local Government

Ombudsman. For more information contact the relevant Ombudsman (see

section 11).

1.2 In Wales

The Localism Act 2011

Only certain provisions in the Localism Act 2011 apply in Wales.

The following measures, outlined above for England, have not been enacted

in Wales:

Page 5: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 5 of 24

Council and housing association housing

The power for local housing authorities to decide who can apply for social

housing within their area – in Wales, earlier legislation remains in force1. As

a result, most people are able to apply for social housing (except in certain

circumstances; for example they have come to the UK from abroad) and

this will be the same across different local authority areas. However, being

given a priority for social housing is a different matter and, as in England,

this is set by means of statutory ‘reasonable preference’ criteria – see

sections 2 and 3.

Ability of a Local Authority to end their main housing duty to a homeless

applicant by offering an assured shorthold tenancy with a private landlord –

at the present time this applies in England only. In Wales earlier legislation

remains in force, whereby an authority can make a ‘qualifying offer’ of this

type of accommodation, but the homeless applicant doesn’t have to accept

the offer2. See Age UK’s Factsheet 89, Homelessness, for further

information.

The flexible tenure for new social housing tenants – the Welsh Government

does not intend to introduce this form of tenancy in Wales.

‘Affordable rent’ for tenants of registered providers of social housing set at

80% of market rents – this only applies in England. In Wales local

authorities and housing associations must set rents for social housing

properties using a policy framework designed by the Welsh Government.

Further information on this, including changes to housing association rents

in April 2014, can be obtained from the Welsh Government – see section 11

for contact details, or visit their website at:

www.wales.gov.uk/topics/housing-and-

regeneration/legislation/housingbill/specific-elements/local-authority-

standards-rents-and-service-charges

The stipulation that all local authorities had to publish a tenancy strategy by

15 January 2013 applied to local authorities in England only.

1 The Housing Act 1996 – certain earlier provisions in this Act have been retained for Wales; whereas additional sections or subsections have been added that change how it is applied in England (as a result of the Localism Act 2011). 2 The Housing Act 1996

Page 6: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 6 of 24

Council and housing association housing

Regulation of housing associations

The Homes and Communities Agency is an England body only. In Wales,

housing associations are instead regulated by Welsh Ministers under Part 1

of the Housing Act 1996. Their role is guided by the Welsh Government

document, ‘Regulatory Framework for Housing Associations Registered in

Wales’ (December 2011). In terms of the day to day running of the regulatory

system, a Housing Regulation Team within the Welsh Government

undertakes the work on behalf of the Ministers. See section 11 for contact

details for the Welsh Government.

Government guidance on allocation of accommodation

There is separate guidance in Wales, published by the Welsh Government –

see section 2 below for further information.

Ombudsman services

The Housing Ombudsman Service and the Local Government Ombudsman

are England bodies only. In Wales, the relevant Ombudsman service will be

the Public Services Ombudsman for Wales who can look into complaints

about registered providers of social housing (including local authorities) in

regard to their functions as landlords, as well as complaints about the wider

activities of local authorities – for example, such as discharging their statutory

duties in regard to homelessness or their housing allocation under Part 6 of

the Housing Act 1996. Contact details for the Public Services Ombudsman for

Wales can be found in section 11.

Page 7: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 7 of 24

Council and housing association housing

Legislative developments in Wales

The Welsh Government recently ran a consultation on proposed new

legislation – the Renting Homes Bill (Wales). The Welsh Government has

indicated that it wants to simplify rental law and that everyone who rents their

home – be it from a local authority, housing association or private landlord –

will be covered by the legislation. It is proposed that all current housing

tenancies would convert automatically to one of two new types of rental

contract on a set date. There will be a ‘secure contract’ (based on the current

local authority secure tenancy) and a ‘standard contract’ (similar to the

current assured shorthold tenancy used mainly in the private rented sector).

However, the Bill is not expected to be considered by the National Assembly

for Wales before 2015. If passed, the changes may take effect in late 2015 or

early 2016.

In November 2013 a Housing (Wales) Bill was introduced by the Welsh

Government Minister for Housing and Regeneration. The proposals include a

mandatory registration and licensing scheme in the private rented sector, an

increased focus on preventing homelessness and measures to reduce the

number of properties left empty on a long term basis, through encouraging

owners to rent or sell them (it is hoped that this will increase the supply of

housing).

2 Introduction

In many areas, local authorities (councils) are the main provider of affordable,

rented housing. Many councils work in partnership with local housing

associations, which means that most housing association properties are

given to people nominated by the council.

Note: Council housing is allocated according to the council’s allocation policy.

The Housing Act 1996, as amended by the Homelessness Act 2002, states

that it is the duty of every local housing authority to publish a summary of its

policy for the allocation of housing accommodation and that this summary

should be available free of charge.

Page 8: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 8 of 24

Council and housing association housing

Council housing and housing association housing is likely to be cheaper and

more secure than private rented housing. It may be easier to get a suitable

property if you have special needs but you may have to wait a long time for

an offer. It is usually unfurnished and you may have little choice over type and

location (unless you bid through the council’s choice-based letting scheme –

see section 5).

Allocation policy in England

Allocation of local authority housing is based on the Housing Act 1996 (part 6)

as amended by the Homelessness Act 2002 and the Localism Act 2011.

Local authorities must have regard to the statutory guidance ‘Allocation of

accommodation: Guidance for local housing authorities in England’ issued by

the Secretary of State on 29 June 2012.

Allocation policy in Wales

Allocation of local authority housing is based on the Housing Act 1996 (part

6), as amended by the Homelessness Act 2002.

Local authorities must have regard to the Welsh Government’s statutory

guidance – ‘Code of Guidance for Local Authorities: Allocation of

Accommodation and Homelessness 2012’ – when exercising their functions

under the relevant legislation.

3 Local authority allocation scheme

The allocation scheme describes which people will have most priority for

council housing in the local council area and what the procedures for

allocating housing are. Housing authorities may only allocate

accommodation to people who are defined as “qualifying persons”.

In both England and Wales, most people are eligible to apply for council

housing. The exceptions where you may not be eligible include if you have

come to the UK from abroad, or are a UK citizen, but have spent a significant

period living in a different country – if you are in this sort of situation, seek

further specialist advice (see section 11 for organisations who may be able to

offer this).

Page 9: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 9 of 24

Council and housing association housing

In England only

Local housing authorities can also decide to put in place other additional

qualifying criteria in regard to who can apply for social housing within their

area (but the rules who should get priority for social housing will continue to

be set by central government, by means of the statutory Reasonable

Preference categories; see below). This may result in differences between

local authorities in criteria used that may include:

local connection

history of rent arrears

history of antisocial behaviour

lack of housing need

When establishing these additional qualifying criteria, a local authority needs

to have regard to its duty under the Equality Act 2010.

In England and Wales

Certain groups who apply for housing must be given ‘reasonable

preference’, effectively giving these groups priority for housing.

However, an allocation scheme does not have to allocate every property to

those falling within the reasonable preference groups. A scheme can take

into account local priorities, for example, promoting job-related mobility or

prioritising under-occupiers, as long as local priorities do not dominate the

scheme and overall the scheme is set out to give reasonable preference to

those in the statutory reasonable preference categories over those who are

not.

The statutory reasonable preference groups include:

people who are homeless or threatened with homelessness (for more

information about a council’s duty to assist if you are homeless see Age

UK’s Factsheet 89, Homelessness)

Page 10: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 10 of 24

Council and housing association housing

people who are living in housing which is overcrowded, unsanitary or

unsatisfactory in another way. This includes people who live in housing

which is unsuitable for them because of their disability. For example, if

you live in a house where you are unable to get upstairs to use your

bathroom or bedroom you might have priority for housing

people who have a particular need for settled accommodation because of

medical or welfare needs. For example, if you have a particular illness or

disability or a need for support in your housing

people who need to move to a particular locality in the district of the

housing authority, where failure to meet that need would cause hardship to

themselves or to others. For example, if you need to move to give or

receive care or to access specialised medical treatment.

Local authorities also have the power to give additional preference to

particular groups of people who fall within the reasonable preferences

categories (see above) and who have urgent housing needs, for example:

they are homeless, or threatened with homelessness, as a result of

violence or threats of violence likely to be carried out. This may include,

for example, victims of domestic violence or hate incidents, or witnesses

or victims of crime at risk of intimidation if they remained in their current

home.

because of a life-threatening illness or sudden disability (for example, a

home with suitable adaptations may be required)

because they are severely overcrowded and this poses a serious health

hazard.

Page 11: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 11 of 24

Council and housing association housing

Note: Local authorities in England have to give additional preference to some

members of the armed forces who are in a reasonable preference category

and have an urgent housing need and who need to move to adapted

accommodation because of an injury, disability or medical condition which

they, or a member of their household, have because of service in the armed

forces. This will apply to former members of the armed forces, serving

members and members of reserve forces who need to move because of

injuries sustained as a result of service, and bereaved spouses or civil

partners.

In Wales, the allocation guidance advises local authorities that “the Welsh

Government believes that it is important that Service Personnel who have

been seriously injured or disabled in action and who have an urgent need for

social housing should be given high priority within local authorities’ allocation

schemes”3.

Allocation schemes are also allowed to determine priorities in relation to

applicants who fall within the reasonable preference and additional

preference categories. The criteria may include:

financial resources available to the applicant

any local connection with the area such as residence in the area, family

connection or any other special circumstances

waiting time

any behaviour of the applicant or a member of his/her household that

affects his/her suitability to be a tenant.

4 Making an application

To register for housing, you will have to fill in an application form giving details

about where you live now, your income, your savings, medical conditions and

any other relevant factors. You may have to provide proof of your income and

savings and any evidence supporting your application, for example a letter

from your GP if you feel you need re-housing on medical grounds.

3 Code of Guidance for Local Authorities: Allocation of Accommodation and Homelessness 2012, Welsh Government, August 2012

Page 12: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 12 of 24

Council and housing association housing

You should also tell the council about what sort of housing you need, for

example whether you need any particular features because of a disability or

illness or whether you need to live close to particular people or facilities such

as shops or a bus route.

If you need help with filling in the form, staff at the council should be able to

assist free of charge.

Once you have made an application, you may have to wait some time for

housing. Many councils have a limited number of housing vacancies and long

waiting lists. If you are homeless and have nowhere to live see Age UK’s

Factsheet 89, Homelessness.

The council may send you a form every year, to make sure that you still need

housing and that your circumstances have not changed. It is important that

you return this to the council or you may be taken off its records.

5 Choice-based allocation scheme

Although a local authority can allocate accommodation in a way they consider

the most appropriate, many will operate a choice-based allocation scheme

which allows applicants to ‘bid’ for properties that are advertised through local

channels such as local newspapers, newsletters or websites. The properties

must be suitable to their needs so, for example, a single person would not be

allowed to bid for a three-bedroom house. Some properties may be reserved

for certain types of applicants, for example older people or people with a

disability. Property will be awarded to the ‘bidder’ with the highest priority.

In some schemes applicants are placed in bands according to their

preference and housing need. Applicants in the highest band will be offered

housing first.

Some local authorities operate a points-based scheme where applicants are

awarded points depending on their preference and housing need. Those with

the most points are made a housing offer as suitable housing becomes

available.

Page 13: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 13 of 24

Council and housing association housing

6 The offer

The law does not state how many offers of housing must be made, so each

housing authority will have its own policy on offers and refusals. Some might

make one offer only. Some might limit the number of bids you can make and

with some schemes, if you turn down an offer of appropriate accommodation,

you may be given less preferences for allocation in the future.

You should be given a reasonable period of time to decide on the offer and

you will normally have a chance to look at the property before deciding.

If you are not happy with the offer, discuss it with the housing officer as you

may be able to show that the property is not suitable and they may offer you

an alternative property. For example, you have been offered a property with

steps and you have mobility problems or the council agreed to house you in a

particular area because of your needs and then failed to do so.

Important: If you consider the offer to be unsuitable, get advice before you

make a decision to refuse it as the council may not have to give you any

more help if you do refuse the offer.

If you are concerned about the state of repair of the property, discuss it with

the housing officer. Serious repairs have to be done before you move in. If

the property needs redecoration the council may give you an allowance to do

it yourself. Get independent advice if the council refuses to carry out the

repairs (see section 11). For more information about your rights to repairs

see Age UK’s Factsheet 67, Tenants’ rights - repairs.

The council should provide you with a written tenancy agreement, which sets

out the rights and responsibilities of both you and your landlord. The council

should also tell you how much rent you will have to pay. On top of the rent

you will also have to pay Council Tax. If you are on a low income you may be

able to get help with rent and your Council Tax payments – see Age UK’s

Factsheet 17, Housing Benefit and Age UK’s Factsheet 21, Council Tax (in

Wales see Age Cymru’s Factsheet 21w Council Tax in Wales: information

about the tax and help you might get towards your bill).

Page 14: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 14 of 24

Council and housing association housing

Note: A local authority may offer a joint tenancy to a couple (including same-

sex couples), friends or unpaid carers. This means that one joint tenant is

able to automatically take over the whole tenancy following the death of the

other tenant. However, there are implications of joint tenancies regarding rent

liability and rights in case of relationship breakdown. The local authority

should be able to explain this, but you may also want to take independent

advice.

7 Challenging the decision

If you are not happy about the local authority decision on your application,

you may have the right to request a review. Get advice to find out if you have

good grounds to ask for a review and how to prepare your case. Normally,

you have 21 days to do this. If you are still not satisfied, seek advice from a

specialist housing organisation about challenging the decision further, for

example through judicial review.

In England, you may also be able to complain to the Local Government

Ombudsman if you think that the council did not follow the correct procedures

or did not act fairly but you should first exhaust the local authority complaints

procedure. In Wales, in the equivalent situation you would take your

complaint to the Public Services Ombudsman for Wales4. In both England

and Wales you will need to make your complaint to the relevant Ombudsman

within 12 months of the council’s final decision being made. See section 11

for contact details for both organisations.

If you feel you have been discriminated against, get advice. A public body

such as a local authority is not allowed to discriminate against someone on

grounds of age, disability, gender reassignment, marriage/civil partnership,

maternity and pregnancy, race, religion or belief, sex and sexual orientation

under the Equality Act 2010.

4 Welsh Government guidance states that you must first give the local authority “a reasonable opportunity to investigate and respond [though this] does not [necessarily] mean that the Ombudsman will expect a complainant to have exhausted the authority’s internal complaints procedure before coming to him. Sometimes, an authority might [also] want to suggest to a complainant that they should go to the Ombudsman – rather than continue with the authority’s complaints procedure – if it seems likely that the complaint will be referred to the Ombudsman in any event”

Page 15: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 15 of 24

Council and housing association housing

For more information contact the Equality Advisory Support Service (EASS)

(see section 11). Also, see Age UK’s Factsheet 79, The Equality Act 2010:

the Public Sector Duty.

8 Renting from a housing association

Housing associations and other providers that were known as registered

social landlords (RSL) are known now as private registered providers of

social housing (PRPSH). They are non-profit-making organisations that also

provide rented housing.

Many housing associations have arrangements with local councils which

ensure that much of their accommodation will be let to people through the

council’s allocation scheme.

Some housing associations accept direct referrals but they may still require

that you register for housing with the council.

You should be able to find out about housing associations in your area from

the council or a local advice agency.

All PRPSHs must have written housing allocations policies that explain the

type of housing services they provide, who can apply and how applications

will be considered. You can ask to see these policies. They should also

explain how to complain if you are not satisfied with the way your housing

association handles your application for housing. If you have completed your

housing association’s complaints procedure and you are still dissatisfied with

the outcome, you may be able to take your complaint to the Housing

Ombudsman Service (HOS), or in Wales, the Public Services Ombudsman

for Wales. For more information on how to contact both organisations see

section11.

9 Sheltered accommodation

If you apply to a council or a housing association you may be offered

sheltered housing, which is intended specifically for older people, usually

those over 60. Both local councils and housing associations aim to assist

people in greatest need and they will set criteria describing which applicants

have the most priority for this type of housing.

Page 16: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 16 of 24

Council and housing association housing

Usually, local authorities avoid allocating social housing to people who

already own their own home but they may do so in exceptional

circumstances, for example for elderly homeowners who cannot stay in their

own home and need to move into sheltered accommodation. If you are

already renting from a local authority or housing association and you need to

move you may be able to get a transfer (see section 10.2). For more

information see Age UK’s Factsheet 64, Retirement (sheltered) housing.

For more information regarding buying retirement housing see Age UK’s

Factsheet 2, Buying retirement housing.

10 Moving to another council or housing association area

10.1 Mutual exchange

If you are a council or housing association tenant and want to move to

another area you may be able to exchange your home with another council or

housing association tenant. Most tenants of councils or housing associations

can request permission to carry out an exchange but you must have moved

in and be living in your property before you can do so. Your local authority

may run their own mutual exchange scheme for their tenants. Contact your

housing office for details or see the Gov.uk website (see section 11 for

details).

You will need to get permission from your landlord but your landlord cannot

refuse permission unreasonably. You will not be given permission, if, for

example:

either of the exchanging tenants has a notice seeking possession and/or a

court order against them, for example for rent arrears or anti-social

behaviour

exchange would leave either of the homes overcrowded or under

occupied.

Once you have found a suitable accommodation for a swap, you will have to

sign up for a new tenancy, which may differ from your current one. Make

sure you look at the property and are happy with it and check:

Page 17: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 17 of 24

Council and housing association housing

what kind of tenancy you will have; for example, if you are moving from a

council to a housing association tenancy, you may lose certain rights, for

example the Right to Buy

the terms of your new tenancy

what your new rent will be.

Make sure you look carefully at the new property and are happy with the state

of repairs and the level of other bills (eg, your council tax may be higher if you

are moving to a different local authority area).

It is your responsibility to check the property before you move in although

local authorities should carry out all necessary health and safety checks to

the property.

10.2 Transfers

If you are a council tenant and you want to move to another area within your

local council area you can apply for a transfer. You will be asked to fill in a

form or register on-line and your name will then be added to the transfer list.

Tenants who have reasonable preference for an allocation (see section 3) will

be treated on the same basis as new applicants. Tenants who request a

transfer but do not have reasonable preferences will be dealt with outside the

allocation scheme but a housing authority may have its own transfer policies

for such tenants. You may have to wait a while before being offered a new

home.

If you live in accommodation for which there is a high demand you may be

given priority. Some councils may have financial incentives for people who

want to transfer from a larger to a smaller home.

Do not move out of your current home without getting advice; you may be

assessed as intentionally homeless (see Age UK’s Factsheet 89,

Homelessness).

Page 18: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 18 of 24

Council and housing association housing

10.3 Moving to another area

If you have special needs and need to move to another area, you may be

able to apply to your local authority for a nomination to another local authority

which will allocate you accommodation.

11 Useful organisations

Citizens Advice Bureau (CAB)

National network of free advice centres including advice about national

housing provision.

Tel: 020 7833 2181 (for contact details only – not telephone advice)

Tel: 08444 70 20 20 (Wales)

Website: www.citizensadvice.org.uk

Department for Communities and Local Government

The Department for Communities and Local Government website has a

useful website for more information. Free information materials can be

downloaded. The information is mainly relevant to England (in Wales, see the

entry for ‘Welsh Government’ below).

Website: www.gov.uk/government/organisations/department-for-communities-

and-local-government

Equality and Human Rights Commission (EHRC)

EHRC has a statutory remit to promote and monitor human rights and to

protect, enforce and promote equality across the nine "protected" grounds -

age, disability, gender, race, religion and belief, pregnancy and maternity,

marriage and civil partnership, sexual orientation and gender reassignment. It

provides advice and assistance to individuals and it has issued statutory

codes of practice and non-statutory guidance to explain people’s rights and

responsibilities under the Equality Act 2010.

Website: www.equalityhumanrights.com/

Page 19: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 19 of 24

Council and housing association housing

Equality Advisory Support Service

The Government has commissioned a new Equality Advisory Support Service

(EASS) to replace the EHRC Helpline.

FREEPOST EQUALITY ADVISORY SUPPORT SERVICE FPN4431

Tel: 0808 800 0082

Textphone number: 0808 800 0084

Website: www.equalityadvisoryservice.com

Gov.uk

Gov.uk is the government website that provides online information on a

variety of subjects and services.

Website: www.gov.uk

Homes and Communities Agency

The Homes and Communities Agency has responsibility for the regulation of

social housing in England (see the ‘Welsh Government’ entry below for

Wales).

Tel: 0300 1234 500

Email: [email protected]

Website: www.homesandcommunities.co.uk

Housing advice services

The availability and quality of housing advice varies from area to area. Local

councils have a legal duty to ensure that advice and information about

homelessness and how to prevent homelessness is available in their local

area. Contact your local council as soon as possible if you are worried you

may become homeless.

In some areas there may be a specific housing advice or housing aid centre,

providing advice on a range of housing issues. Your local council or CAB

should be able to tell you if there is a housing advice centre in your area.

Page 20: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 20 of 24

Council and housing association housing

Housing Ombudsman Services

Investigates complaints made by tenants of registered social landlords in

England (including local authorities) that are members of the scheme in

regard of their landlords functions (in Wales, see the entry for ‘Public Services

Ombudsman for Wales’ below).

From 1 April 2013 a complaint has to go first to a ‘designated person’ such as

an MP, a local councillor or a designated tenant panel who will try to resolve

the complaint. If the designated person cannot resolve the complaint, they will

refer it to the HOS. Complaints can only be referred to the HOS directly by

the tenant if either they waited eight weeks after exhausting their landlord’s

procedure, or the designated person either refused to refer the complaint, or

agreed for the tenant to make a complaint directly.

Housing Ombudsman Service, 81 Aldwych, London, WC2B 4HN

Tel: 0300 111 3000

Fax: 020 7831 1942

Email: [email protected]

Website: www.housing-ombudsman.org.uk

Local Government Ombudsman (LGO)

For advice on making a complaint, or to make a complaint in England call the

advice line on 0300 061 0614 or 0845 602 1983, write to The Local

Government Ombudsman, PO Box 4771, Coventry CV4 0EH or fill in the

form on the LGO website. In Wales, see the entry for ‘Public Services

Ombudsman for Wales’ below.

The Local Government Ombudsman, PO Box 4771, Coventry, CV4 0EH

Tel: 0300 061 0614

Fax: 024 7682 0001

Website: www.lgo.org.uk

Page 21: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 21 of 24

Council and housing association housing

Public Services Ombudsman for Wales

The Ombudsman looks to see whether people have been treated unfairly or

inconsiderately, or have received a bad service through some fault on the

part of the public body providing it. The bodies within the Ombudsman’s

jurisdiction include local authorities and social landlords/housing associations

in Wales.

Tel: 0300 790 0203

Email: [email protected]

Website: www.ombudsman-wales.org.uk

Shelter

A national charity providing telephone advice to people with housing

problems on tenancy rights, homelessness, repairs and housing benefit.

Tel: 0808 800 4444 (free call) (textphone for deaf callers)

Website: www.shelter.org.uk

In Wales contact, Shelter Cymru:

Tel: 0845 075 5005

Email: [email protected] www.sheltercymru.org.uk

Tai Pawb

An organisation in Wales that promotes equality and social justice in housing.

They are committed to working in partnership with the providers and

receivers of housing services, local authority partners, third sector (voluntary

organisations) and the Welsh Government.

Tel: 029 2053 7630

Email: [email protected] Website: www.taipawb.org

Page 22: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 22 of 24

Council and housing association housing

Welsh Government

The devolved government for Wales. Amongst other powers, the Welsh

Government has responsibility for the regulation of social housing in Wales.

Tel: 0300 060 3300 or 0300 060 4400 (Welsh)

Email: [email protected] Website: www.wales.gov.uk

12 Further information from Age UK

Age UK Information Materials

Age UK publishes a large number of free Information Guides and Factsheets

on a range of subjects including money and benefits, health, social care,

consumer issues, end of life, legal, employment and equality issues.

Whether you need information for yourself, a relative or a client our

information guides will help you find the answers you are looking for and

useful organisations who may be able to help. You can order as many copies

of guides as you need and organisations can place bulk orders.

Our factsheets provide detailed information if you are an adviser or you have

a specific problem.

Age UK Advice

Visit the Age UK website, www.ageuk.org.uk, or call Age UK Advice free on

0800 169 65 65 if you would like:

further information about our full range of information products

to order copies of any of our information materials

to request information in large print and audio

expert advice if you cannot find the information you need in this factsheet

contact details for your nearest local Age UK

Page 23: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 23 of 24

Council and housing association housing

Age UK

Age UK is the new force combining Age Concern and Help the Aged. We

provide advice and information for people in later life through our,

publications, online or by calling Age UK Advice.

Age UK Advice: 0800 169 65 65

Website: www.ageuk.org.uk

In Wales, contact:

Age Cymru: 0800 022 3444

Website: www.agecymru.org.uk

In Scotland, contact:

Age Scotland: 0845 125 9732

Website: www.agescotland.org.uk

In Northern Ireland, contact:

Age NI: 0808 808 7575

Website: www.ageni.org.uk

Support our work

Age UK is the largest provider of services to older people in the UK after the

NHS. We make a difference to the lives of thousands of older people through

local resources such as our befriending schemes, day centres and lunch

clubs; by distributing free information materials; and taking calls at Age UK

Advice on 0800 169 65 65.

If you would like to support our work by making a donation please call

Supporter Services on 0800 169 87 87 (8.30 am–5.30 pm) or visit

www.ageuk.org.uk/donate

Legal statement

Age UK is a charitable company limited by guarantee and registered in

England and Wales (registered charity number 1128267 and registered

company number 6825798). The registered address is Tavis House, 1-6

Tavistock Square, London, WD1H 9NA. Age UK and its subsidiary

companies and charities form the Age UK Group, dedicated to improving later

life.

Page 24: Council and housing association housing - Age UK · PDF fileThe government published ‘Allocation of accommodation: ... as amended by the Homelessness Act 2002, ... Council and housing

Factsheet 8 April 2014 24 of 24

Council and housing association housing

Disclaimer and copyright information

This factsheet has been prepared by Age UK and contains general advice

only which we hope will be of use to you. Nothing in this factsheet should be

construed as the giving of specific advice and it should not be relied on as a

basis for any decision or action. Neither Age UK nor any of its subsidiary

companies or charities accepts any liability arising from its use. We aim to

ensure the information is as up to date and accurate as possible, but please

be warned that certain areas are subject to change from time to time. Please

note that the inclusion of named agencies, websites, companies, products,

services or publications in this factsheet does not constitute a

recommendation or endorsement by Age UK or any of its subsidiary

companies or charities.

Every effort has been made to ensure that the information contained in this

factsheet is correct. However, things do change, so it is always a good idea

to seek expert advice on your personal situation.

© Age UK. All rights reserved.

This factsheet may be reproduced in whole or in part in unaltered form by

local Age UK’s with due acknowledgement to Age UK. No other reproduction

in any form is permitted without written permission from Age UK.