rugby borough council allocations policy

Rugby Borough Council Allocations Policy

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FINAL VERSION Approved by Cabinet 15 April 2013 1

Section One Rugby Borough Councils Allocations Policy Page

Background 4

Key aims and objectives 4

Equality and fairness 5

Section Two The Housing Waiting list Page

Introduction 6

Eligibility 6

Qualifying person criteria 6

People aged 16 or 17 8

Joint applications 8

Multiple applications 8

Transferring tenants 9

Applications from Elected Members, Board Members and

employees 9

How to apply and the process 9

Changes in circumstances 10

Regular reviews 10

Cancelling applications 10

Withholding information/providing false information 10

Reviews 11

Making a complaint 11

Review of the Allocations Policy 11

Section Three Assessing Housing Need Page

Reasonable preference groups 12

Worsening circumstances 12

The banding system 12

Cumulative need 13

Band 1+ 13

Band 1 13

Band 2 14

Band 3 15

Band 4 15

Reserve List 15

Homeless applicants 15

Shared facilities 16

Medical grounds 16

Welfare grounds 17

Hardship grounds 18

Overcrowding 19

Serious harassment and violence 19

Disrepair 20


Access to children 20

Section Four Processing Allocations Page

Short-listing 21

Viewing properties and receiving offers 21

Feedback on results 22

Best use of stock 22

Nominations 22

Section Five Local Letting Policies Page

Rural Allocation Policy 23

Incentive Scheme 23

Multi-storey Charter 24

Succession and left in occupation 24

Section Six Processing Allocations Page

Appendix 1 Contact Details 25

Appendix 2 Accommodation Matrix 26


Section One Rugby Borough Councils Allocations Policy

Background

This is the Rugby Borough Councils (the councils) allocations policy. This policy shows how the council will let their stock. The council also nominate households to landlords of social housing properties for Orbit, Midland Heart, Waterloo, Bromford Living and Warwickshire Rural Housing Association.

All lets by the council are completed through this policy and a summary is available by contacting the Councils Housing Options Team.

The council will publicise on its website the lets for that week which will include which band the property was allocated to and how long the household had been in the band, www.rugby.gov.uk

Please note that some of the Housing Associations also allocate their properties through their own systems. See Appendix 1 for their contact details.

The council only let 323 properties in 2011/12 and social housing is not a viable housing solution for everyone. The Council offer a housing options interview on a drop-in basis. So if you would like to know more about your housing options go to the Town Hall or contact the Housing Options Team. If you are unable to attend the Town Hall home visits can be completed.

Full Contact Details for the Housing Options Team:

Visit: Rugby Borough Council, Town Hall, Evreux Way, Rugby, CV21 2RR between 9am 5pm

Phone: 01788 533833

Email: [email protected]

Some households will not be allowed on the housing waiting list this will be determined by this allocations policy and the households will have a right of review.

Key Aims and Objectives

The overall aim of the allocations scheme is to ensure that all social housing within the borough is allocated fairly and objectively to those in the greatest housing need, having regard to any legislative requirements and Codes of Guidance issued by the Department of Communities and Local Government and the Homes and Communities Agencies. The Policy also has regard to the Warwickshire Tenancy Strategy under Localism Act s153 and our current Homelessness Strategy under Homelessness Act 2002 s1.


Equality and Fairness

The council will ensure its policies and practices are non-discriminatory and will promote equal opportunity by preventing and eliminating discrimination on the grounds of age, disability, gender reassignment, pregnancy and maternity, race (this includes ethnic or national origins, colour or nationality), religion or belief (this includes lack of belief), gender, sexual orientation. The Council aims that the allocations policy is accessible, responsive and sensitive to the diverse needs of individuals.

The impact of the policy will be monitored, to ensure that it promotes equality of opportunity to all. In order to achieve this, all customers will be asked to provide details of their ethnic origin and any other demographic information when they apply to join the housing list.

The council will ensure all potential customers have equality of information about the service and equal opportunity to apply and receive offers of accommodation. The council will do this by:

Completing an assessment of the Allocations Policy and the system to ensure it does not discriminate any groups

Providing practical assistance to those who may have difficulty in

understanding the policy or the allocations system.

Providing practical assistance, in the customers preferred way, where the customer may have difficulty completing an application.

Monitoring the profile of those who are applying and obtaining properties to ensure that minority and hard to reach groups are actively engaged in the service

Support for Vulnerable Customers

The council will ensure that all applicants including vulnerable people are able to access the waiting list. Please contact us if you need any assistance or have any questions about the process.


Section Two The Housing Waiting List

Introduction All households can apply for the housing list, however, following the changes from the Localism Act 2012, there is eligibility and qualifying criteria that the Council considers before allowing households on the list. These criteria are described below. Once a household is on the list they will be considered for all vacancies suitable for their needs and areas they have expressed an interest to live in.

Eligibility

Ineligible due to Immigration Status. Some people travelling to the United Kingdom from abroad are not entitled to social housing on the basis of their status as detailed in Section 160A of the Housing Act 1996 as amended.

Where a registration form indicates that this may be an issue, checks will be made to confirm the eligibility status of an applicant.

If you are not sure if this section applies to you please contact us and we will advise you.

If you are ineligible we have no duty to offer you a home but we will offer you advice on your other housing options.

Such customers should provide their passports and/or other relevant information to confirm immigration status.

Qualifying Person Criteria

The council has the right under Housing Act 1996 section 160ZA(7) to determine classes or criteria for households who do or do not qualify for entry to the list. The following criteria has been laid out by the council for this provision. Please contact the Housing Options Team if you need further information.

No Housing Need

A household with people under 60 will not be accepted on the list unless they fall within one of the categories required to have a reasonable preference as laid out in the Housing Act 1996 s167 (2):

People who are homeless (within the meaning of Part 7); people who are owed a duty by any local housing authority under section

190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act

1985) or who are occupying accommodation secured by any such authority

under section 192(3);

people occupying insanitary or overcrowded housing or otherwise living in

unsatisfactory housing conditions;


people who need to move on medical or welfare grounds; and people who need to move to a particular locality in the district of the authority,

where failure to meet that need would cause hardship (to themselves or to others).

Residency Criteria

A household must fulfil the following residency criteria to be accepted on the list:

Currently live, or have lived, within Rugby borough area and have done for at least 6 out of the last 12 months or 3 out of the last 5 years.

Have immediate family (mother, father, brother, sister, son, daughter, grandparents, step-relatives, adoptive parents) who are currently living in the Rugby Borough area and have done for at least five years or more.

Have a contract of employment within the Rugby borough area The need to care for, or receive care from someone who lives in the borough

The following households will be exempt from these criteria:

People who are moving in to the borough to take up work or escape violence. Existing tenants of the council seeking to move to a smaller home Members of the Armed Forces

Debts relating to housing, Convictions and Anti-Social Behaviour

Applicants will need to demonstrate that they fulfil the following criteria to qualify for the list:

An applicant must not owe any property related debts to the council, a social or private landlord unless an agreement has been in place that the applicant has complied with for at least 6 months before the application and the debt at the point of application cannot exceed 750.

Neither the applicant nor any member of his or her household has been convicted of a criminal offence related to their current or previous property or vicinity of property within 2 years proceeding the date of application where the council considers the offence serious enough to pose a risk to other tenants. This can include drug dealing from the property or burglary in the same vicinity.

Neither the applicant nor any member of his or her household has been convinced of a criminal offence serious enough for the council to consider them to be a risk to other tenants in the last 10 years

Neither the applicant nor any member of his or her household has been made subject to an anti-social behaviour order (ASBO) or an anti-social behaviour injunction (ASBI) or a possession obtained under Ground 2, Schedule 2, Housing Act 1988 which is currently valid.

Neither the applicant nor any member of his or her household has been made subject to an anti-social behaviour order (ASBO) or an anti-social behaviour injunction (ASBI) or a possession obtained under Ground 2, Schedule 2, Housing Act 1988 in the 5 years preceding the date of application. The


Council will consider whether these orders would pose a serious risk to other tenants.

Affordability

Applicants will not qualify to be accepted on the list if they are homeowners or have the funds to solve their own housing situation.

This will not apply to the following households:

Those that need to move because of disability or frailty and this need cannot be reasonably met in their current accommodation after investigation of their housing situation by the Housing Options Team

The investigation will include if the household could solve their housing situation by selling the property and moving to more suitable accommodation and people in these circumstances will be expected to sell their property at the earliest opportunity.

Information on Applications

People Aged 16 and 17

The Deed of Trust enables applicants who are 16 or 17 years old to be tenants of council properties.

The Deed of Trust must only be completed in the following circumstances:

The applicant must be 16 or 17 years old The applicant has been offered a property or qualified to succeed under the

Housing Act The property being offered must be the applicants only home The signer of the Deed of Trust must be over 18 and be a suitable and

responsible adult

The signer of the Deed of Trust understands that they are not liable for rent

arrears, but that they will assist the young person to conduct their tenancy in a satisfactory manner. There will be an expectation that the signer of the Deed of Trust will provide assistance to the young person if the council has to apply to court because of a breach in their tenancy conditions.

Joint Applications Joint applications will be accepted, provided both customers are eligible, aged

16 or over and intend to occupy the property together as their only or main

home.

Multiple Applications Multiple applications will not be allowed. If multiple applications do exist, the

application which is a true reflection of the customers circumstances will be kept

open. Any other applications will be cancelled.


Transfers & Management Moves

Existing social housing tenants can apply to move and will have their priority assessed in the same way as other customers. However, some transfer moves are exempt from the requirements of Part 6 of the Housing Act 1996 and will be dealt with separately. This includes assignment or succession by a relative and mutual exchange.

In certain circumstances a landlord may approach their tenant to initiate a move to a different property. This could be to meet an urgent housing need or to release a property to meet a particular housing need and therefore make better use of the stock. In these cases the property concerned will be allocated outside of the allocations scheme.

Where a landlord uses introductory tenancies a transfer to another property will not be allowed until the tenancy no longer has introductory status.

Applications from Elected Members, Board Members and Employees

Applications can be accepted from employees, elected members, board members and their close relatives, provided they are eligible to apply and subject to the rules in Schedule 1 of Housing Act 1996. Customers must disclose any such relationship at the time of application.

How to apply and the process

The household will need to attend a housing options interview at the council. If it is felt at the meeting and from subsequent investigations including obtaining the proofs needed to assess the claim, that the person fulfils the both the Eligibility and Qualifying Criteria they will be accepted on the list.

For those people who cannot attend the councils Town Hall, home visits or telephone calls will be utilised as appropriate.

All households will be sent a letter explaining why they have been accepted or denied acceptance on the list, their priority on the list, their priority date and outlining the right of review of any decisions.

Please note that checks and investigations on households current housing situation will also be made at the point of allocation.

Please contact the Housing Options Team if you need any further advice or information.


Changes in Circumstances

Applicants who move to a new address or whose circumstances change after they have been accepted onto the housing list (e.g. someone joining or leaving their household) should immediately contact the Housing Options Team to notify them of the change.

If the change of circumstances affects the customers priority banding they will be informed in writing of the outcome of the reassessment.

Regular Reviews

For people in Band 1, 2, 3 and 4 we will review all applicants on a regular basis including contacting applicants to verify that they would like to stay on the list. We will ensure that all vulnerable applicants will be contacted in the most accessible way for the individual applicant. Households on the reserve list will be reviewed on a more regular basis.

Cancelling Applications

Applications will only be cancelled in the following circumstances:

A request has been received from the applicant (or their advocate) in writing.

There is no reply to the annual review The customer has been re-housed Notification has been received from an executor or personal representative

that the customer is deceased and s/he was the sole applicant. It is discovered that the customer has given false or misleading information

in their application. Evidence is obtained that the applicant is no longer eligible. If information requested remains outstanding after timescales given have

elapsed. For households on the reserve list, if an applicant turns down an offer of

accommodation

Applicants will be informed of the reason(s) why their application has been cancelled and informed of their right to request a review of the decision (see section on Reviews below).

Deliberately Withholding Information or Providing False Information

It is a criminal offence (punishable by a fine of up to 5,000) if an applicant gives false information or withholds information related to their housing application. Possession proceedings can be instigated if a tenancy was obtained by giving false information.


Reviews

Applicants have the right to request a review against decisions made in the allocation process.

The customers request for a review of the decision should be made within 21 days of the decision being made. The customer should provide supporting evidence if necessary and explain why they require a review of the original decision.

An independent senior officer from Rugby Borough Council making the decision for the application will carry out reviews. The officer will not have been involved in the original decision. The officer will consider the evidence provided and decide whether to overturn or support the original decision. The customer will be informed of the outcome of the review in writing within 21 days of receipt of the request.

If applicants are dissatisfied with the review they can go though the councils complaints procedure (please see below) and/or seek legal advice.

Making a Complaint

All customers who make a complaint will be treated fairly and objectively. A written reply to any complaint received will be sent out within the timescales set out in the councils complaints policy. Copies of these can be obtained from the council.

If the customer has gone through the complaints procedure and remains dissatisfied, they can contact the Housing Ombudsman Service - http://www.housingombudsman.org.uk/default.aspx , Address - 81 Aldwych, London WC2B 4HN Telephone - 0300 111 3000, Fax - 020 7831 1942 or email [email protected] or apply for a judicial review (social housing tenants and other customers).

Review of the Allocations Policy

The Allocations Policy will be reviewed after 12 months of adoption.


Section Three Assessing Housing Need

Reasonable Preference Groups

Applications will be assessed under this scheme, to ensure that those in greatest housing need are given preference for an allocation of accommodation. Landlords within the partnership give reasonable preference to customers as set out in s167Z (2) of the Housing Act 1996 and the Homelessness Act 2002. These are:

Applicants who are homeless. This includes applicants where there is a statutory duty to re-house as well as applicants who are intentionally homeless and those who do are not in priority need.

Applicants occupying unsanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions

Applicants who need to move on medical or welfare grounds, including grounds relating to disability

Applicants 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)

In addition, section 167ZA(2) gives housing authorities the power to frame their

allocation schemes to give additional preference to particular descriptions of

customers who fall within the reasonable preference categories and who have

particularly urgent housing needs.

To ensure that local priorities are met, the scheme may provide for other factors, other than those set out in section (2) of the Housing Act 1996 in determining which categories of customers are to be given preference for an allocation of accommodation within the scheme, providing they do not dominate the scheme at the expense over those listed in the statutory preference categories as listed in 167ZA(2).

Worsening own Circumstances

In some circumstances applicants may be assessed as deliberately worsening their housing circumstances. These cases will be investigated and re-assessed where appropriate which may include a reduced priority banding. For example, if a household were in privately rented accommodation with no overcrowding issues and then gave that tenancy up to move in with relatives where they are overcrowded, their band priority will be assessed as though they were still occupying the privately rented accommodation. Applicants will be notified of this decision and advised of the right to request a review of this decision.

The Banding System

If a household is eligible and qualifies for the waiting list their housing need will be given priority. The council will use the policy to assess the housing need of housing applicants and will advise them which band reflects their need most appropriately.


There will also be prioritisation of applicants within specific bands. All applications will be given an application date. Within each band there will be prioritisation using the date that the applicant is placed within the band awarded to their application.

Cumulative Need

If an Applicant (or one or more members of their household, as applicable) has more than one housing need (cumulative need) within the band in which they have been placed, their case will be assessed to see whether the application should be given additional priority and placed in a higher band.

Examples would be where applications are assessed as having a need within the allocations scheme under two or more categories in Band 2 they will move to Band 1 or two or more categories in Band 3 will move to Band 2.

Applicants who are in the Armed Forces will also have added reasonable preference for those in the highest need (Band 1)

Band 1+ Applicants in the following circumstances will be placed in the highest priority band (Band 1+):

Applicants assessed as statutory homeless who are owed a full housing duty and who also display exceptional cumulative housing needs where the needs in question were not specifically related to their homelessness application.

Applicants who are in urgent housing need (band 1) and are members of the Armed Forces.

Band 1 Applicants in the following circumstances are deemed to have an urgent need for re-housing:

Applicants assessed as statutorily homeless who are owed a full housing duty. (Please see page 15-16)

Applicants in properties that are assessed as having a lack of facilities or that are subject to statutory Prohibition or Demolition Orders in accordance with legislation and statutory regulations. This would also include situations where the condition of property occupied is seriously detrimental to the health of any of the household and the defects to the property cannot be readily remedied. (Please see page 20)

Applicants with a high need for alternative accommodation on the grounds of significant social/ welfare need including issues of vulnerability. (Please see page 17)

Where applicants are unable to continue to occupy their current accommodation due to a high medical need or disability. (Please see page 16-17)


Applicants who cannot continue to live in their current home because of serious harassment or violence. (Please see page 19)

Applicants with a need to move to a particular locality where significant hardship would be caused if they did not move. (Please see page 18)

Applicants who are overcrowded because their present home is short of at least 3 bedrooms. (Please see page 19)

Applicants who are in short term supported housing (up to 2 years) and are required to move on to alternative accommodation urgently. Confirmation about these circumstances will be required from the organisation providing the supported accommodation.

Applicants leaving Warwickshire Probation Service approved premises will be assessed by the Housing Options Team and be placed on Band 1 if accepted.

Band 2 Applicants in the following circumstances will be placed in priority Band 2:

Applicants who are assessed as homeless or threatened with homelessness but where there is no statutory duty to obtain housing. (Please see 15-16)

Applicants with a medium need for alternative accommodation on the grounds of serious social/ welfare need including issues of vulnerability. (Please see page 18)

Applicants with a medium medical need who have been assessed as requiring suitable alternative accommodation because their medical condition and/ or disability is having a significant detrimental affect on their ability to live independently at home. (Please see page 18)

Applicants who are overcrowded because their present home is short of at least 2 bedrooms. (Please see page 19)

Applicants living in council housing who are under occupying their current accommodation.

Applicants with a medium need to move to a particular locality where serious hardship would be caused if they did not move. (Please see page 18)

Applicants who are sharing facilities with more than one household, this could include sharing the bathroom or kitchen. (A household is defined at page 16 below.)

Applicants who are in Armed Forces accommodation and who lived in a particular District or Borough partnership area before they joined up will be placed in this category six months before discharge and vacation of service accommodation is required.


Band 3 Applicants in the following circumstances will be placed in priority Band 3:

Applicants living in a property that has minor disrepair and/or in poor condition but is not a risk to health or safety.

Applicants with a low medical need or disability where a move to more suitable alternative accommodation would improve their health (Please see page 17)

Applicants who have a low housing need on welfare grounds will be placed in Band 3. (Please see page 18)

Applicants who are overcrowded because their present home is short of 1 bedroom. (Please see page 19)

Band 4 Those applicants over 60 who have no identified housing need and do not have the financial resources and ability to find their own housing solutions including seeking adaptations to their current home.

Applicants who are home owners but consider they have a need to move into sheltered or adapted accommodation. The Housing Options Team will assess their needs and if these can be met by other methods: i.e. adaptations to their current property. If the applicants are accepted as needing to be re-housed the expectation will be that their current property will be sold on the open market.

Reserve List Applicants in the following circumstances will be placed on the reserve list band:

The top 50 people who apply for go onto the list but are not accepted because they are under 60 and do not have an identified housing need. These applicants will only be placed in the reserve list if they will accept (types of properties to be taken from previous lets from 2012/2013 that have been allocated to band 4 when data is available)

This list will be reviewed and updated regularly and applicants will be taken off the list if they do not accept an allocation or the council is unable to contact them on a regular basis.

Further Information about Categories

Homeless Applicants

Local Authorities within the Partnership have a legal duty under Part VII of the Housing Act 1996 (as amended by the Homelessness Act 2002) to ensure that homeless applicants owed a full housing duty under s.193 (2) are provided with suitable accommodation. Applicants meeting this criterion will have received a letter from the relevant Authority making the decision confirming that they have a duty to assist the applicant to obtain housing. Homeless applicants to whom the full duty is


owed will be placed in Band 1 in order to be re-housed by the authority that has the duty to secure accommodation for them.

As Band 1 is effectively the highest priority band for most customers and all those within it are considered to be in high levels of relative need, it is not considered possible or necessary to accord any further priority to such homeless customers. Such customers are, by virtue the s193 (2) duty, provided with accommodation suitable to their needs. However where a homeless customer exhibits an exceptional cumulative need, they may be placed in Band 1+.

Homeless applicants are awarded priority within the allocations scheme because of their urgent need to be re-housed. For this reason homeless applicants will be placed in Band 1+ or Band 1 and this banding will be taken from them if they do not accept an allocation which the council considers to be suitable. Applicants can ask for a review of the suitability of any accommodation offered.

Applicants who are assessed as homeless or threatened with homelessness in 28 days in accordance with the Housing Act 1996 (as amended by the Homelessness Act 2002) and there is no statutory duty to obtain housing will be placed in Band 2.

Shared Facilities

Priority is given when an applicant is in circumstances where they have to share facilities with more than one household. This could be in a circumstance where the applicant is sharing facilities with people who are not members of their family. Sharing facilities would include sharing a bathroom and/or kitchen. A household is defined as an applicant or somebody who normally resides with them and it is deemed reasonable that they would continue to live with them. However in some circumstances, where for example an applicant has lived independently and then had to move back to live with family, additional priority may be given following an assessment of the circumstances.

Medical Grounds

In these circumstances evidence would be required to support the case.

Priority may be awarded on medical grounds if information received indicates a move will benefit the health of the customer or their household.

When determining the level of medical need a customer has, we will consider whether the provision of adaptations will assist with improving their housing circumstances.

High

Where applicants are unable to continue to occupy their current accommodation due to a high medical need or disability, these customers will be placed in Band 1.

Examples would include:


o A wheelchair user occupies a home where facilities are upstairs and therefore inaccessible

o An applicant is due to be discharged from hospital and their current

accommodation is totally unsuitable

o A referral has been received from a mental health professional stating that the current housing be having a severe effect on an applicant's mental well being

o Any applicant who needs to move to suitable adapted accommodation because of serious injury, medical condition or disability which they, or a member of their household, have sustained as a result of service in the Armed Forces.

Medium

Applicants with a medium medical need who have been assessed as requiring suitable alternative accommodation because their medical condition and/ or disability is having a significant detrimental affect on their ability to live independently at home.

Low

Applicants who have been assessed as having a low medical need or a disability where a move to suitable alternative accommodation would improve their health will be placed in Band 3.

Welfare Grounds


Applicants with care or support needs, or other social needs may need to move to alternative accommodation on welfare grounds

High

Those applicants needing to move urgently on welfare grounds will be placed in Band 1. Priority of this level will only be awarded if the current situation is so significant it will have a serious impact on the well being of the applicants.

Examples would include: o Parents forced to live apart (where they have previously lived together)

except where it could reasonably be expected for both parents to live in

either of the homes that they occupy.

o Child separated from parents (where they have previously lived together)

where the child cannot occupy the current home of the parent, and that

they will live as a family unit if suitable accommodation is allocated.

o An applicant with a high degree of vulnerability and their housing situation

is having a detrimental effect on their quality of life.

Medium


Applicants who have a medium housing need on welfare grounds will be placed in Band 2.

Examples would include: o Applicants who need to move to receive care or support o Applicants who need to move as part of an agreed support plan to re

integrate them into the community

Low

Applicants who have a low housing need on welfare grounds will be placed in Band 3.

Hardship Grounds


Applicants may need to move to a specific locality in order to give or receive care, to be able to access specialised medical treatment or to take up particular education, employment or training opportunities in a particular local authority district. Applicants may have a specific financial hardship related to their housing need.

High

Those applicants needing to move urgently on hardship grounds will be placed in Band 1. Priority at this level will only be awarded if the current situation is so significant that it will cause significant hardship to the applicant or to others.

Examples would include: o An applicant needing to move to a particular area to take up employment

and if they did not significant financial hardship would be caused. o An applicant needing to move to be closer to a vulnerable relative where

there is no alternative solution and not to do so would cause significant hardship.

o An independent assessment has indicated that they cannot afford their housing costs and therefore cannot continue living in their current accommodation without facing significant hardship

Medium

Applicants with a medium housing need to move to a specific locality on hardship grounds will be placed in Band 2.

Examples would include: o Applicants who need to move and if they did not do so they would not be

able to take up an educational opportunity o Applicants who need to move to a particular area provide support and not to

do so would cause personal hardship. An independent assessment has indicated that their current financial circumstances are impacting on their


ability to pay for the costs of their accommodation and that this is causing hardship.

Overcrowding

Only children permanently residing with the main applicant are included. (Living permanently would mean that children must spend at least 50% of the time with the main applicant) In these circumstances evidence would be required to support the case and this may include a home visit in order to make an assessment. The type of information we would require would be proof of child benefit or tax credit award, a court order if one is in place or a residency order.

For the purpose of assessing overcrowding the following criteria will be used: o The main applicant and a household member living permanently with the

main applicant will be considered as couple if the latter has a relationship of Husband or Wife or Partner

o A separate bedroom will be allotted to each couple and also to each individual person within the household unless it is children in certain circumstances. (Please see below).

o Two children of the same sex may share a room up to the age of 16 years. o Two children of different sexes may share a room up to the age of 10 years. o An expected child is included from 6 months prior to the expected date of

birth. o A couple may be allotted a bedroom each where medical reasons dictate.

We reserve for ourselves the discretion to modify the above criteria and not apply them rigidly particularly where that would result in unfairness to the particular applicant or other applicants generally. In particular in certain circumstances the size of the bedrooms in a property and the relationship between those sharing a bedroom will be taken into account as well as the sex of the children when carrying out an overcrowding/bedroom shortage assessment.

Serious Harassment or Violence

In these circumstances evidence would be required to support the case and an investigation will be carried out in conjunction with other agencies as appropriate. Examples would include: o An applicant suffering domestic abuse from a partner, former partner or relative

with whom they currently reside and for whom the use of an injunction or other form of legal action may not be appropriate.

o An applicant suffering serious harassment and legal remedies are not working or are inappropriate. Harassment implies a degree of deliberate intent with some underlying motive and can be distinguished from neighbour disputes or nuisance.


Disrepair

Applicants who are required to leave their homes as a result of an emergency Prohibition Order served in relation to the premises under the Housing Act 2004 will be placed in Band 1

Customers living in unsafe or unsanitary housing conditions (as defined by the Housing Health and Safety Rating System (HHSRS)) and there is a high risk of harm will be placed in Band 1.

Access to Children

For those customers who require an additional bedroom for access purposes appropriate information to verify circumstances will be required. Examples could be a copy of the childs birth certificate, court order if one is in place or a residency order. Each case will be assessed on an individual basis. If an applicant has less than 50% access to children no additional bedroom requirement will be given and there will be no increase in banding. Preference will be given to applicants with children who are permanently at home or at home over 50% of the time.


Section 4

Process of Allocating Properties Short Listing

Local connection criteria will be taken into account when short listing applicants for vacancies.

Applicants are matched to suitable properties and will be placed in the order of priority. The date that an application was placed in their most current category (the effective date) will also be used to prioritise applications.

If two or more customers within the same band are matched to the same property for which they qualify, their application date or the date they entered their current band will be used to determine the higher priority.

Where properties are targeted at specific customers, they will be given priority for that type of accommodation e.g. accessible accommodation for customers with disabilities or new build properties where certain eligibility rules apply under special Planning requirements. (Section 106 agreements)

Viewing Properties and Receiving Offers

If you are offered a property an officer will contact you directly by telephone in the first instance to invite you to view the property. Offers are held open for a limited time only. If we are unable to contact you by telephone then we will send you an email or letter informing you of the offer and asking you to contact us within a certain time period. If you do not contact us we will move on to the next person on the shortlist.

We will arrange an appointment with you to view as soon as it is possible to enter the property safely, this may be while repairs are still being done so it may not be clean and tidy. Please let us know immediately if you will need help from an interpreter or signer at your viewing and sign up appointments. Viewing the property will give you an opportunity to find out more about holding a council tenancy, ask questions and gather information. You will be able to view the property once before deciding whether or not to accept the offer. Before you accept you should consider the cost of rent, utility and other bills and your income.

If you do not want to accept the offer you should let the officer know immediately and give your reasons for refusal. You should consider this carefully and discuss with the officer as in some cases this may affect your future housing options.

If you decide to accept the offer the officer will make an appointment for you to sign for the tenancy. Your sign up appointment will take up to 45 minutes and during the interview the officer will discuss your tenancy agreement, how to pay your rent, how to claim housing benefit if required, and contacting utility


suppliers. Decoration vouchers may be issued to help towards the cost of redecorating your new home. These are issued dependent on the physical condition of the internal dcor and do not make any allowance for customer taste.

You will be expected to begin paying your rent as soon as your tenancy starts. If you are transferring from one council tenancy to another you will be liable for the rent at both properties until you return keys to the property you are vacating.

There are several different methods of paying your rent Direct Debit, online, over the phone, by payment card at local post offices. You can discuss this with the officer at viewing or sign up.

Feedback on Results

Lettings results will be made available to the public upon request. Information will also be available on the website and will include the following information:

The total number of people considered for an allocation The successful customers band effective date. Properties where a direct offer was made.

Best Use of Stock

Properties will be allocated in a way that makes the best use of a landlords stock. You can find out more about how landlords will act to make the best use of their stock by asking to see their allocations procedures leaflet.

Nominations

The council is currently negotiating agreements with their preferred partner housing associations following the end of UChoose, the sub regional choice- based lettings scheme on 30 June 2013.


Section 5 Local Lettings Policies, Succession and Left in Occupation

Rural Allocation Policy For some properties in rural settings a local connection to the Parish will need to be established. A local connection to a parish is established if the applicant has, at the time of registration:

been continuously resident within the parish, or adjoining parish, for the last 5-years

been a person, or persons residing permanently in the parish, or an adjoining parish for 5 years, or more, within the previous 20 years

has a contract of employment at a workplace within the parish, or adjoining parish, and this work is not of a casual or temporary nature

current family associations within the parish, i.e. parents, sons, daughters, brothers or sisters who have lived within the parish, adjoining parish, for the last 5-years

If there is not an applicant that meets the above local connection criteria, we will adopt the following approaches, listed in order of how we will use them:

Firstly, we will consider applicants resident in the parish, or adjoining

parishes, that have lived there from 4-years down to 12 months those

having been resident longest receiving highest priority

Secondly, if there are still no qualifying applicants we will then consider those resident in the surrounding parishes, initially resident for 5 years, then if there is no suitable applicant, those that have lived there from 4-years down to 12 months those having been resident longest receiving highest priority

Finally, if there is still no qualifying applicant in the adjoining or surrounding parishes we will consider other applicants resident within the borough initially resident for 5 years, then if there is no suitable applicant, those that have lived there from 4-years down to 12 months those having been resident longest receiving highest priority

Incentive Scheme

To try and make better use of its limited housing stock, the Council offers an incentive scheme for tenants aged 60 or above, who want to move out of large family Council houses into sheltered housing. To be eligible, tenants must:

Have a housing application in to transfer to sheltered accommodation Live in Council housing that is suitable for a family, i.e. a 2 or 3 bedroom

house (not a flat)

Under this scheme the Council will pay for the tenants removals as well as the disconnection and reconnection of their cooker and the transfer of their telephone line.


A payment of 500 is also made by the Council toward the miscellaneous costs associated with moving. Although you will technically be renting two properties for one week whilst you are moving, rent will only be charged on one of them.

Multi Storey Charter

Applicants will be considered for this section if:

They are living in high rise flats or other accommodation on the second floor or above for at least 2 years

Have a child under 12 That the child resides with them on a permanent basis (at least 50% of

the time)

The charter is conditional upon the following:

The applicant must be registered on the councils waiting list The tenancy must have been conducted satisfactorily including payment

of rent.

Succession and Left in Occupation

When a tenant has succeeded to a tenancy but the property is more extensive than they need they may be asked to move to more suitable accommodation. These transfer applicants will be placed in priority Band 2 because they are under occupying their current accommodation.

Two reasonable offers may be made. If they are not accepted possession may be sought through the County Court

When an applicant does not have a right to succeed to a tenancy but is left in occupation on the death of the tenant their landlord may consider whether the applicant: Has been living with the tenant for a year before the tenants' death OR Has been looking after the tenant for a substantial period of time (for example 12 months or more) OR Has accepted responsibility for the tenants' dependants


Appendix 1

Local contacts and allocation details

Rugby Borough Council www.rugby.org.uk

Telephone: 01788 533 833 Letter: Town Hall, Evreux Way, Rugby, CV21 2RR Email: [email protected]

Orbit Heart of England - Rugbywww.orbitheartofengland.org.uk

Telephone: 0345 8 500 500

Letter :1 & 3 Locke House, The Railings

Woodside Park, Rugby CV21 2AW

Email: [email protected]

Orbit currently hold their own list for 1 bedroom flats and bedsits in Brownsover. Please contact them directly.

Midland Heart www.midlandheart.org.uk

Telephone: 0345 60 20 540 Letter : 20 Bath Row, Birmingham, B15 1LZ Email: [email protected]

Local area Office:

Touchstone House

Whitley Village

Coventry

CV3 4HZ

Midland Heart have a separate list and (stock) in the Rugby borough area please contact them above for more details

Warwickshire Rural Housing Association http://www.warwickshirerha.org.uk/

Telephone: 01530 278080

Letter: Warwickshire Rural Community

Council, Warwick Enterprise Park,

Wellesbourne, Warwick, CV35 9EF

Waterloo Housing Group www.waterloo.org.uk

Phone: 0121 3554501 or 4651 or 0800 0800 435016

Letter: Waterloo House,76-78 Boldmere Road, Sutton Coldfield West Midlands B73 5TJ

Affinity Sutton www.affinitysutton.com/

Telephone : 0300 100 0303 Letter: 60 Nelson Way, Bilton, Rugby CV22 7LF

Bromford Group http://www.bromfordgroup.co.uk

Telephone: 0330 1234 034

Letter:

Email:

[email protected]

Sanctuary Housing Association www.Sanctuary-housing.co.uk

Phone: 0800 288 9782 Letter: 164 Birmingham Road, West Bromwich West MidlandsB70 6QG Email: marketing&[email protected]


Appendix 2

Accommodation Matrix

The table below sets out the property types for which applicants are eligible this

is based on bedroom need and type of accommodation. The differences in bed

need are because of different child ages.

Single Person Couple

1 child family

2 child family

3 child family

4 child family

5+child family

Single person over 50

Couple over 50

1 child family

over 60

Self-contained bedsit X X

1 bed flat X X X X

1 bed house X X X X

2 bed flat/maisonette X X X

X

2 bed house X X X

Small 3 bed house X X

Large 3 bed house X X X

4 bed house X X X

5 bed house X X

1 bed bungalow X X X X

2 bed bungalow X X

X

Guidance notes:

A small 3 bedroom house is defined as less than 85 square metres; Pregnant applicants are eligible for accommodation in the relevant

group, provided that proof of pregnancy is provided;

Where there is no qualifying applicant, any applicant on the list is eligible for consideration.


Applicants who are registered disabled and less than 60 years of age can be considered for sheltered flats and bungalows.

Applicants over the age of 60 with access to children can be considered for general needs properties.

Applicants will not be eligible for an allocation to a property if they are under-occupying as per the Welfare Reform under-occupation charge

criteria.


rugby borough council allocations policy

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