Draft Housing Allocation Scheme 2006 : Community Overview and Scrutiny Committee on 19/06/2006

Waverley Borough Council Committee System - Committee Document

Meeting of the Community Overview and Scrutiny Committee held on 19/06/2006
Draft Housing Allocation Scheme 2006

WAVERLEY BOROUGH COUNCIL

DRAFT

HOUSING ALLOCATION SCHEME

2006

CONTENTS

Paragraph NumberSection HeadingPage Number

1. Introduction 4

1.1
1.2
1.3
1.4 Legal Background

Statement on Choice

Equal Opportunities

Data Protection 4

4
4
4

2 Scope 5

3 Type of Scheme 5

4 Registration 5

5 What is the Housing Register? 6

6 Who can apply to the Housing Register? 6

7 Exclusions from the Housing Register 7

8 Who can be Considered Part of the Household? 9

9 Registration Process 10

10 Application Update and Renewal 11

11 How Needs are Assessed 11

12 Priority Bands 12

13 Time Limited Bands 14

14
14.1
14.2
14.3
14.4
14.5 Assessments

Medical Priority
Environmental Health Priority
Social Welfare Priority
Move on Arrangements
Other High Priority Categories 14

14
16
16
17
17

15 Cumulative Needs 20

16 Local Connection 20

17 Financial Assessment 21

18 Priority Dates 22

19 Deliberately Worsening Circumstances 22

20 Targets 23

21 Local Lettings Policies 23

22.
22.1
22.2
22.3
22.4

22.5 Rent Arrears and Other Housing Debts

Tenants (Council or partner Registered Social Landlords)
Homeless Households in Temporary Accommodation
Applicants in the Private Sector

Applicants in Accommodation Provided by Another Social Housing Provider

Discretion and Variations to Policy

24
24
24
25

25

23 Breach of Tenancy Conditions including Anti Social Behaviour 26

24 Bed Size Eligibility 26

25 Incentives to Under Occupying Tenants to Move 27

26 Verification of Applicants Circumstances 28

27 Offers of Accommodation 29

28 Viewing a Property 30

29 Factors Affecting Offers of Accommodation 30

30 Housing for Older People 31

31 Assessment for Sheltered Housing 32

32 Supported Accommodation for People with Special Needs 32

33 Selection Criteria and Priorities for Supported Housing 33

34 Allocations to Supported Housing 33

35 Review Procedure 34

36 Discretion and Delegated Authority 36

Appendix 1 Banding scheme

Appendix 2 Low Cost Home Ownership Allocation Scheme

Appendix 3 Glossary of Terms

WAVERLEY BOROUGH COUNCIL HOUSING ALLOCATION SCHEME

1. INTRODUCTION

This document sets out contains Waverley Borough Council’s Housing Allocation Scheme as required by s.167 of the Housing Act 1996. It identifies the priorities that the Council will follow in the letting of its own Council stock and those Registered Social Landlords (RSL’s) properties to which it has nomination rights.

In drawing up this scheme the Council has consulted with the Registered Social Landlords (RSLs) with which the Council has nomination arrangements, local voluntary and statutory agencies. Housing applicants and tenants on the Housing Register will also be consulted.

1.1 Legal Background

In framing the Housing Allocation Scheme the Council has had regard to the following:
� The Housing Act 1996 as amended by the Homelessness Act 2002 and other relevant legislation
� The ODPM Code of Guidance on the Allocation of Accommodation, November 2002
� Existing case law

References in the Housing Allocation Scheme to statute and case law, regulations, and ministerial guidance are necessarily limited. They are not intended as a substitute for the original sources, which should be consulted directly where necessary.

1.2 Statement on choice

Waverley Borough Council seeks to extend choice to all eligible applicants for social housing by giving them an opportunity to express their preference for area and type of housing. Wherever possible individual preferences will be taken into account in allocating accommodation. However, this must be balanced with the requirement that the Council: meets its legal duties as a local authority to all housing applicants; addresses local housing need; and ensures the efficient management of its housing stock.

1.3 Equal Opportunities

This Council is strongly committed to fairness and equal treatment for all. The Council aims to treat all service users equally no matter what their race, ethnic origin, nationality, religion, cultural and social background, asylum or refugee status, sex, sexuality, marital status, age, disability, health (including mental health and learning disability) or HIV status. In doing so we aim to prevent unlawful discrimination and to take positive action to promote equality of opportunity for everyone.

1.4 Data Protection and Freedom of Information

Information regarding a person’s application for housing will not be disclosed to any third party or member of the public without the applicants express consent unless the Council is required to do so legally. By signing the housing application form an applicant gives consent for Waverley Borough Council to make relevant enquiries with regard to their housing need and their potential ability to manage a future tenancy. The declaration also gives express consent to share such information with partner RSLs or Social Housing providers when nominating applicants to be tenants of their properties

2. SCOPE

The following lettings are covered by this allocation scheme: -

q The selection of applicants to be offered secure tenancies by the Council
q Transfers at a tenant’s own request
q Nominations for offers of assured tenancies from RSLs or other similar bodies e.g. other Social Housing providers

The following are examples of lettings not covered by this allocation scheme:

q Offers of non-secure Council tenancies to homeless households in pursuance of any of the Council’s duties under Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002
q Transfers of tenancies made by Court Order under the: Matrimonial Causes Act 1973; Matrimonial and Family Proceedings Act 1984; Children Act 1989; Family Law Act 1996 or other family legislation
q Successions to secure Council tenancies on the death of the tenant
q Assignments of secure Council tenancies to a person who is qualified to succeed,
q Mutual exchanges of Council tenancies
q Any other situations, added by the Secretary of State through the making of regulations, in which the allocation scheme will not apply

3. TYPE OF SCHEME

This allocation scheme is a

BANDING SCHEME

. Applicants are placed in one of five bands ranging from A (high) to E (low), which reflect their housing need and the Councils priorities for housing allocation.

The criteria and details of the banding scheme are set out in section 10 below.

4. REGISTRATION

To be able to apply for social housing vacancies in the Waverley Borough area, applicants must be registered on the Housing Register administered by Waverley Borough Council. Registering on the Council’s Register enables applicants to also apply for any RSL vacancies in the Borough where they are working in partnership with the Council.

The RSL partners* are:

The Abbeyfield Society

Active Elderly Housing Association Limited

Anchor Housing Association

CDS Co-operative Housing Society

Cheshire Foundation Housing Association

Eddystone Housing Association

English Rural Housing Trust

Friends of the Elderly

James Butcher Housing Association

Hampshire Voluntary Housing Society

Haslemere Housing Association

Humanist Housing Association

London and Quadrant Housing Trust

Mount Green Housing Association

New Downland Housing Association

New Era Housing Association

Pavillion Housing Association

Pilgrim Housing Association

Raglan Housing Association

Thames Valley Housing Association Limited

*Other partner RSL’s may join the scheme from time to time.

5. WHAT IS THE HOUSING REGISTER?

The Council maintains a list of people in need of affordable rented social housing known as the Housing Register. The register is the primary access route into social housing in Waverley. The demand for housing exceeds supply and the register exists to enable all households who are in need of rehousing to be included on a single list. It also maximizes their opportunities for rehousing by ensuring the efficient use of housing stock. It includes the following types of applicant, subject to their meeting the eligibility criteria: -

� Current tenants of the Council or its RSL partners wishing to move
� New housing applicants
� Homeless households
� Applicants with special needs requiring supported housing

By joining the Housing Register those in housing need can be considered for vacancies that occur in properties owned or managed by the Council or any of its RSL partners.

6. WHO CAN APPLY TO THE HOUSING REGISTER?

The Housing Register is open to anyone aged 16 years or over, who is eligible by law for inclusion. (See Section 7, Exclusions from the Housing Register)

Whilst young people aged 16 and 17 may join the Housing Register, they will not be entitled legally to hold a tenancy until they are 18. Social services may in some circumstances consider it appropriate to underwrite a tenancy agreement for an applicant who is under 18. Young people aged 16 or 17 will not normally be allocated an independent tenancy without appropriate support.

Where an application is received from a lone parent aged 16 or 17 the Council will seek the applicant’s consent to undertake a joint assessment with social services of their housing, care and support needs, in order to identify the most appropriate type of accommodation for the young parent. Consent will not be sought if there are child protection concerns and to seek such consent might endanger the welfare of the child of the young parent.

The Secretary of State may from time to time amend the classes of person eligible to be considered for Housing. The Allocation Scheme would automatically be amended to reflect any such changes from the date of their implementation.

7. EXCLUSIONS FROM THE HOUSING REGISTER

The following persons are not eligible for entry on the Housing Register for the allocation of social housing: -

q Persons from abroad who are subject to immigration control within the meaning of the 1996 Asylum and Immigration Act 1996, unless they are:
a) An existing secure or introductory tenant or an assured tenant of housing accommodation allocated to them by a housing authority
b) In a class of persons prescribed by the Secretary of State as being eligible for an allocation. Subject to certain conditions these currently include:
� Persons granted refugee status
� Persons granted exceptional leave to remain
� Persons granted indefinite leave to remain
� Persons who are nationals of a country that has ratified the European Convention on Social and Medical Assistance (ECSMA) or the European Social Charter (ESC).
� Certain Nationals from countries that have recently acceded to the European Union who have not complied with the Worker’s Registration Scheme or who are not exempt from the Scheme.

It should be noted that local authorities are not legally able to grant tenancies to certain persons from abroad where they are prohibited from doing so by statute or regulations. The legal rules are amended periodically therefore the determination of persons who are to be excluded from the register may have changed since this document was printed. The legal provisions on eligibility of persons from abroad are complex and the Council will have to carry out appropriate checks in all cases to ensure that applicants are treated fairly and legally.

q Certain persons from abroad not subject to immigration control but who are NOT habitually resident in the Common Travel Area (i.e. the UK, the Channel Islands, the Isle of Man and Republic of Ireland). This includes British Nationals arriving from abroad and any person, who is a national of any of the countries in the European Economic Area (EEA), where habitual residence must be established unless an EEA National is a worker, or has a right to reside in the UK.

q An applicant or any member of their household, where the Council is satisfied that he/she is:
a) Guilty of unacceptable behaviour that is considered that which, if the applicant were a secure tenant, would entitle the housing authority to an outright possession order under the grounds for possession in the Housing Act 1985 Schedule 2 part 1. Such behaviour includes:
� Breaching a condition of the tenancy agreement.
� Failing to pay the rent.
� Causing nuisance to neighbours.
� Being convicted of using their home for immoral or illegal purposes.
� Being convicted of an arrestable offence committed in, or in the vicinity of their home.
� Causing the condition of the property to deteriorate by a deliberate act, or by neglect.
� Making a false statement to obtain a tenancy

and

b) The behaviour is serious enough to make the applicant unsuitable to be a tenant

and

c) The applicant is unsuitable, by reason of that behaviour; at the time the application is considered.

However, where the Council has reason to believe that unacceptable behaviour is due to a physical, mental or learning disability, the person will not be determined as ineligible without first considering whether they would be able to maintain a tenancy satisfactorily with appropriate care and support. In such cases the Council will consult as appropriate with any relevant agencies, including Social Services, the Medical Adviser and local providers of support services.

The Council will write to anyone who is being excluded from the Housing Register giving their reasons. Applicants have the right to ask for a review of a decision to exclude them from the Housing Register. (See Section 35, Review Procedure)

Where an applicant who the Council in the past has decided is to be treated as ineligible, considers that his/her unacceptable behaviour should no longer be held against him/her and that therefore they should no longer be treated as ineligible, they may make a fresh application to the Council. On that fresh application it will be for the applicant to show the Council that their circumstances or behaviour have changed so that they should not now be excluded (unless there has been a considerable lapse of time). Any such change will be considered by the Council on its merits and against the Council policy and local conditions at the time of the fresh application.

If there has been a considerable lapse of time since the Council decided that an applicant is ineligible that applicant may make a fresh application. The Council will consider that application on its merits and against the Council policy and local conditions at the time of the fresh application and in consultation with other relevant agencies.

If at any time the Council obtains information that leads it to believe that an applicant already on the housing list is ineligible, it will inform the applicant in writing. The applicant will be given 28 days to provide information showing that they are eligible. If they do not reply within this period, or if they reply but the Council remains of the view that they are ineligible, they will be removed from the housing register.

Where the Council decides that an applicant is to be treated as eligible it may nonetheless consider any behaviour by the applicant or a member of their household, which affects their suitability as a tenant when determining the priority to be awarded to their application. (See also Section 22 Rent Arrears and Other Housing Debts and Section 29 Factors Affecting Offers).

8. WHO CAN BE CONSIDERED PART OF THE APPLICANT’S HOUSEHOLD?

Members of the applicant’s household will normally be permanently residing with the applicant as their only or principal home at the time of registration and still be resident with the applicant at the time of allocation of a property.

a) Partners

q A partner who is living in a permanent relationship with the new applicant or tenant.

b) Children

q New applicants: children born since the registration date and dependent children (under 18) joining the household, who now reside with the applicant as part of that household. The applicant may be required to provide proof that child resides with them and that this arrangement is reasonable. For this purpose consideration will be given to the details of any residence order or informal or negotiated agreements. In cases where a 50/50 residence arrangement exists consideration will be given to the way in which the arrangement is operated. Where the arrangement is that the child spends a greater part of the week with one parent than the other it will normally be concluded that there is just one principal home.
q Tenants: children born since the start of the tenancy and dependent children (under 18) joining since the tenancy started, who now reside with the tenant as part of that household. The tenant may be required to provide proof that the child resides with them and that this arrangement is reasonable. See new applicants for details to be considered.
q Where children of members of the household visit, for example as part of access arrangements, but have a permanent place of residence elsewhere, they will not be considered to be part of the household.
c) Separated Families
� Where members of a household who previously lived together and are currently prevented from living together as a family unit due to lack of adequate accommodation.
� Couples who wish to live together where there is a child born to the couple and they are prevented from living together because of a lack of accommodation where a joint application has been made.

d) Dependents

q A dependent relative who has joined the household because they are unable to live independently and there are no other reasonable options for the family. The family will be expected to provide evidence to support this. Where necessary the advice of the Medical Adviser may be sought on whether the relative needs to live with the family. Where this is not considered essential, other options, such as sheltered housing, will be discussed with the family before a decision is made by the Council as to whether the relative should be included in the application or advised to make a separate application.

e) Carers

q A carer, where the applicant can demonstrate that a live-in carer is necessary and in consultation with the Council’s Medical Adviser the Council agrees that a carer is necessary. The applicant would be expected to provide written confirmation from their GP, Hospital Consultant, or details of the community care assessment by their Care Manager (where SCC fund the cost of the care) that a carer is necessary.

9. REGISTRATION PROCESS

a) All new applicants requesting re-housing and tenants requesting transfers must complete an application form to register on the Housing Register. New applicants for rehousing must provide the required supporting documentary evidence. Tenants requesting transfers may also be asked to provide supporting documentary evidence if their circumstances have changed since their original application. Supporting documentary evidence will normally include: -
� Proof of identity for all household members and evidence of their right to be allocated housing in the UK if they are not British Citizens. Note: Under recent regulations some people have the right to reside in the UK but no right to housing.
� Proof of current address
b) If the application form is incomplete it will be returned to the new applicant or tenant for completion. The date of the application will be the date the fully completed form is received at the Housing Advice Centre.

c) If any required supporting documentary evidence is not received the application will be returned to the new applicant or tenant to provide the documents required.

d) If the Council is satisfied that the new applicant or tenant is eligible to be on the register, an initial assessment will be made based on the information on the application form and any other information available. All eligible applicants or tenants will be assessed and placed in the appropriate bedroom category for their household size and in one of the five priority bands in date order of registration.

e) If the new applicant or tenant is not an eligible person the Council will notify them in writing, giving the reasons for the decision and informing them of the right to request a review of the decision. (See Section 34,Review Procedure). A copy of this letter will normally be sent to Social Services or other voluntary or statutory agency if they are involved or if it is considered appropriate.

f) In Waverley more people need housing from the Council and RSLs than is available. Most new applicants and transferring tenants have to wait many years before they will be offered a suitable property and some may never be offered a property. Information will be provided by the Housing Team about alternative options in the housing market, which include private sector opportunities and shared ownership.

10. APPLICATION UPDATE AND RENEWAL
a) Applicants are required to notify the Council of any changes in their personal circumstances in order that any necessary amendments can be made to their application.
b) Once a year, normally on the anniversary of an application the Council will send out a renewal notice to those applicants who have not bid in the previous 12 months. All applicants who receive this notice must complete and return it within 28 days.

If the notice is not returned within 28 days the application will be automatically cancelled. This means that the application will be removed from Waverley’s Housing Register.

If the applicant wishes to appeal against a decision to cancel their application they may contact the Council in writing within 21 days of the date of the cancellation letter to request a review. (See Section 35, Review Procedure).

If following an update or the renewal of an application a change in the applicant’s circumstances results in a band change, the Council will inform the applicant in writing of the new band, the reason for it and the applicable priority date, and of their right to request a review of this decision. (See Section 35, Review Procedure)

11. HOW NEEDS ARE ASSESSED

The Council’s assessment of an applicant’s needs consists of:

q Placing them in one of 5 bands, A-E, as appropriate (See Section 12, Priority Bands)
q Identifying applicants with significant multiple needs, and carrying out an assessment to determine whether such households will be given additional preference by being placed in a higher band, as appropriate to their needs.
q Assessing the size of home that they require

The system for determining priority has been designed to ensure that reasonable preference is given to the following groups of people, as required by s167 of the Housing Act 1996:

q People who are homeless (within the meaning of Part 7 of the 1996 Act as amended by the 2002 Homelessness Act);
q People who are owed a duty by any local housing authority under s190 (2), s193 (2) or s195 (2) of the 1996 Act (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any housing authority under section 192(3);
q People occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;
q People who need to move on medical or welfare grounds; and
q 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).

The scheme has been framed to allow additional preference to be given to those households identified as having the most urgent needs and/or multiple needs. In addition the Council has taken into account local circumstances in determining which applicants are to be given preference under the scheme.

12. PRIORITY BANDS

The five priority bands are: -

q Band A - Emergency and high priority applicants who have a substantive and long standing local connection
q Band B - Applicants with an urgent need to move who have a substantive and long standing local connection
q Band C - Applicants with an identified housing need to whom the Council is required to give reasonable preference and who have a local connection, or where there is a more limited local connection but an agreement exists with a partner agency to provide move on accommodation
q Band D - Applicants with a local connection and either a low level of housing need or where no agreement exists for move on or it is not appropriate
q Band E - Applicants with no local connection and all other applicants

The type of applicants that would fall into each band are summarised below – there are more details about each criteria in Section 14. These should be read in conjunction with these tables for a full explanation of the criteria. Please note that the order in which the categories within the bands are listed below is not related to order of priority in any way. There is no priority order within each band other than by date.

BAND A – substantive and long standing local connection required

Medical Emergency

Management Transfer

Decant (property needed imminently)

Exceptional Circumstances

Release adapted property or make best use of adapted stock

Environmental Statutory Duty e.g. Prohibition Order or Demolition Order

Eligible Successor moving to smaller accommodation (Notice of Seeking Possession (NOSP) served)

Approved Ineligible successor with long residence moving to smaller accommodation

Special Mobility Arrangements

Underoccupiers giving up 2 or more bedrooms*

BAND B – substantive and long standing local connection required

Medical Hardship (Major)

Homeless in temporary accommodation where a duty is owed and there are special circumstances

Move on from Supported Housing professionally assessed as ready for independent living

Tied households, ADHAC cases & H.M.Forces cases due to vacate their accommodation within 6 months

Statutory Overcrowding

Underoccupiers giving up 1 bedroom

Decant (property not required imminently)

2 Tenants wishing to become 1 household

Former Tenants that have voluntarily surrendered a previous WBC tenancy with an agreement that they could be rehoused at a later date due to special circumstances.

Eligible Successor moving to smaller accommodation (NOSP not yet served)

Young People Leaving Care

Voluntary surrender

Severe Social Hardship

High Priority Overcrowding (2 or more bedrooms deficient)*

Environmental Health Recommendation (Disrepair)

Special Reciprocal Arrangements with other Councils/RSL’s

Elderly approved for sheltered

BAND C – local connection required

Medical Hardship

Homeless in temporary accommodation where a duty is owed

Other homeless households, where a duty is owed

Persons of No Fixed Abode who are actively engaging with the Housing Team to secure accommodation

Overcrowding (excluding single applicants)

Sharing Facilities

Insanitary Housing Conditions

Other Unsatisfactory Housing Conditions

Private Rented Accommodation (Assured Shorthold Tenants)

Tied Households not required to vacate their accommodation

Elderly approved for sheltered

Waverley Single Housing Panel cases ready to move on

Social/Welfare Hardship

BAND D – local connection required

Other homeless with a local connection e.g. Intentionally homeless

Permanent tenants of an RSL with an identified housing need – Where WBC has no nomination rights to the vacancy

Persons of No Fixed Abode, who are not engaging with services

Waverley Housing Panel cases who are not engaging with services

Move UK (Formerly National Mobility Scheme)

BAND E – no local connection required

Other homeless with no local connection

Transfers where adequately housed

Council or RSL Tenants from outside the Borough where Waverley BC has no nomination rights

All other applicants not included in Bands A, B, C or D

Applicants with sufficient financial resources to meet their own housing needs

Supported Housing applicants professionally assessed as not yet ready for independent living

13. TIME LIMITED AND DROPPING BANDS

13.1 TIME LIMITED BANDS

Applicants will normally be eligible to remain in Band A for a three-month period and Band B for a six-month period except in cases denoted by an * or where it has been otherwise agreed. This will be subject to review at the end of the time limit and may be extended depending on the circumstances of the case. In cases denoted by an * there will be no time limit, in view of the difficulty in meeting the requirements of these groups within the given timescale.

Other factors, which will be taken into account, are whether offers of accommodation have been made within the timescale and if a property offered has been refused the suitability of the offer and the applicants’ reason for refusal.

13.2 DROPPING BANDS

If it is decided that the applicant no longer warrants high priority and their priority is to be reduced, their application will be reassessed and placed in the band appropriate to their circumstances

14. ASSESSMENTS

14.1 MEDICAL PRIORITY

Applicants who indicate that they or anyone in their household have an illness or disability, which is affected by their current home, or who may be vulnerable on physical or mental health grounds and in need of settled accommodation are requested to complete a medical self assessment form. The Council considers this information, together with any relevant information provided by health professionals working with the person concerned. Where appropriate the Council will also seek advice from the Council’s Medical Advisor who is an independent health professional.

Assessments are made of the effect of present housing on the state of health of the applicant or anyone in the household. In reaching a decision the Council will consider whether the overall effect on the household or any member of the household is sufficiently severe to warrant inclusion in a higher band and whether the Council or its RSL partners could provide accommodation that would alleviate the medical condition or substantially reduce the difficulties caused by it.

In each case the recommendation is based on the judgment of need. Households with medical needs will be placed in one of the following bands: -

q Band A - Medical Emergency will be recommended where the applicant or one of the household has a life threatening condition which is seriously affected by their current housing. Band A will also be given where current housing conditions and/or other circumstances are having such a major adverse effect on the medical condition of any member of the household as to warrant emergency priority. All recommendations for Medical Band A must be referred to the Council’s Medical Advisor.
q Band B – Medical Hardship (Major) will be recommended where the current housing conditions are having a major adverse effect on the medical condition of the applicant or one of the household, which creates a particular need for them to move. Medical Hardship will also be recommended where the applicant is ready to be discharged from hospital and is unable to return to their home because of unsuitability on medical grounds but would be able to sustain a tenancy in other more suitable accommodation. All recommendations for Medical Band B must be referred to the Council’s Medical Advisor.
q Band C – Medical Hardship will be recommended where the current housing conditions are having an adverse effect on the medical condition of the applicant or one of the household, which creates a particular need for them to move. Recommendations for Band C will not normally be referred to the Council’s Medical Advisor. However, where there is a recommendation for Band C Medical Hardship and this is one of a range of needs, the Council’s Medical Advisor’s opinion may be sought as to whether additional preference should be given and the applicant placed in a higher band.

The Council’s Medical Advisor will make a judgment on each referred household considered as a whole, based on the effect that their existing accommodation has on the medical condition of household members, and the anticipated benefit from rehousing.

Medical priority will be reviewed and may increase or decrease under the following circumstances if: -

� the applicant(s) move to alternative accommodation
� there is a change in the composition of the household
� there is a material change in the medical condition of an applicant or other member of their household.
� the condition is pregnancy related following the birth of the child
� the condition is acute and the applicant had been awaiting treatment and the treatment has now been completed.

Medical priority may not be awarded if the condition is short term and the applicant would normally expected to make a full recovery, e.g. broken leg.

Medical priority may also be time limited in certain circumstances and reviewed at the end of the priority period. In such cases priority may be extended if suitable accommodation has not become available over the time limited period.

14.2 ENVIRONMENTAL HEALTH PRIORITY

Where an applicant has indicated that the household is living in insanitary conditions, including lacking one or more of the following: -

o Food preparation facilities (i.e. sink and space for a cooker)
o Inside W.C.
o Bathing and personal washing facilities

The Housing Team may make a referral to the Environmental Health Team. The Environmental Health Team will provide an assessment of whether the applicant is living in insanitary conditions or other unsatisfactory conditions such as the presence of a category 1 hazard under the Housing Act 2004, which puts the local authority under a general duty to take appropriate action. Applicants living in housing found to be unsatisfactory on any of the above criteria will normally be placed in Band C.

An applicant will be placed in Band B where the Environmental Health Team recommends urgent rehousing because their dwelling is in such a severe state of disrepair that cannot be addressed by Environmental Health action or it would not be reasonable or financially viable to do so.

Applicants will be placed in Band A in the following circumstances: -

I. If the Environmental Health Team has notified that a Prohibition Order or Demolition Order is being issued, i.e. properties containing a category 1 hazard where the service of a Prohibition Order or Demolition Order is the most appropriate course of action, or
II. If emergency rehousing is essential, e.g. Compulsory Purchase Order to enable site clearance for a road-widening scheme, or
III. Where there is a statutory duty to re-house

14.3 SOCIAL WELFARE PRIORITY

Where there are social/welfare needs the Housing Team will consider the recommendations of Social Services and other relevant agencies and take into account any multiple needs. They will place the applicant in the appropriate band as follows: -

q Band A – Exceptional Circumstances will be agreed where there are exceptional circumstances or multiple needs, which warrant emergency priority. This may include Schedule 1 Offenders, whose timely rehousing is a Public Protection issue and households, where an emergency move is required on the grounds of Child Protection and it would be unreasonable to expect them to remain in their current accommodation. It may also include extreme cases of violence or harassment where the victim is at substantiated and serious risk of harm if they remain in their current home. For such a recommendation to be made it is expected that full and detailed consultation had been undertaken with the relevant agencies and that the required supporting documentation had been provided. Authorisation by a senior Housing Officer is required. (See Section 14,Cumulative Needs)
q Band B – Severe Social Hardship will be agreed where there are multiple needs that warrant high priority or following a welfare agency referral, where an urgent need to move is agreed through full and detailed consultation with Social Services, the Police or other welfare agency. Such cases may include where a household urgently needs to move to give or receive care or support; for child protection reasons or other social/welfare reasons or multiple needs that warrant high priority. Supporting documentation needs to be provided. It may also include cases of violence or harassment where a move to a different location is a critical factor in contributing to the safety and wellbeing of the victim. Authorisation by a senior Housing Officer is required. (See Section 14, Cumulative Needs)
q Band C – Social/Welfare Hardship will be agreed where accommodation is required to assist Social Services in delivering a Care Plan e.g. by moving the household nearer to the source of care and support or to accommodate a carer; in cases where there is serious and substantiated fear of violence or harassment; or to relieve other social/welfare hardship. Supporting documentation needs to be provided.

14.4 MOVE ON ARRANGEMENTS

q Move on from Supported Housing – Band B is awarded when a tenant is confirmed as being ready to move from Supported Housing within the Borough or via a nomination agreement, into independent accommodation. The Council will accept confirmation when an Independent Living/Social Care Assessment form is completed by an appropriate care professional who recommends independent accommodation. Applicants who register from Supported Housing but who are professionally assessed as not yet ready for independent living will be placed in Band E until they are ready.
q Young People Leaving Care – Band B is awarded where rehousing has been agreed between the Council, the Leaving Care Team and the young person as part of their Pathway Plan and they either have a local connection or are being rehoused under the terms of a Surrey wide agreed protocol.
q Voluntary Surrender – Band B is awarded where a commitment in writing has been made by the Council to rehouse a former Council or RSL tenant who has voluntarily given up their tenancy in special circumstances. These circumstances include a Council or RSL tenant going into an institution and the band is awarded when they are ready for discharge. Such a commitment would have been made with a Council or RSL tenant on them entering the institution e.g. prison, long term hospital stay, specialist rehabilitation project etc so that they can be assisted with accommodation on discharge. Another example of voluntary surrender is people that give up a tenancy within a very short period of occupancy, often returning to their family or parental home because they find they cannot manage an independent tenancy and require more suitable supported accommodation or need to receive support to develop independent living skills before being offered further accommodation.

14.5 OTHER HIGH PRIORITY CATEGORIES

q Management Transfers – Band A is awarded in exceptional circumstances if a transfer is recommended by the Anti-Social Behaviour Group where there are significant and insurmountable problems associated with the tenant’s occupation of a dwelling and there is significant personal risk to the tenant or their family if they remain in the dwelling.

Where a management transfer is agreed the household will only be eligible to bid for similar size and type property e.g. house to house, flat to flat, unless it is agreed by the Council in exceptional circumstances that they may bid for other types of accommodation. If the household is already registered for a move they may still be considered for properties of the type and size they would be eligible for under their original registration, but their priority for this will remain the same as prior to a management transfer being agreed.

q Permanent Decants – Band A is awarded if a property is imminently required for essential works, which cannot be undertaken with the tenant in situ, and the tenant will not be returning e.g. development schemes, property disposal, structural work or modernization. If the need to move is not imminent the household will be placed in Band B. Note: The arrangements for Temporary Decants do not fall within this policy – see the Temporary Decants policy.
q Council interest moves – Band A is awarded to facilitate a tenant’s move from a Council in one of the following circumstances: -
o Release adapted property – at the Council’s discretion, on an individual case by case basis - if there is no need for the adaptations present in the tenant’s current property e.g. a walk-in shower or wheelchair access, and the Disabled Adaptations Panel? has identified an applicant for whom these adaptations are appropriate
o Make best use of adapted stock – where a tenant’s current property requires major adaptations to meet their needs, and those adaptations are either not feasible or cannot be carried out cost effectively and there may be a more suitable alternative property available.
o Underoccupation – to enable Council tenants underoccupying property to move to smaller accommodation if they are relinquishing two or more bedrooms. Transfers to smaller accommodation who will be relinquishing one bedroom will be placed in Band B.

RSL tenants will also be awarded Band A in the above circumstances where the Council has the nomination right to the resulting vacancy.

� Disabled Adaptations – Band B will be awarded to Council and RSL tenants (where the Council has the nomination right to the resulting vacancy) where it is not reasonable or practical to carry out adaptations in the tenant’s current home and a move to more suitable accommodation has been agreed.
o Eligible Successor moving to smaller accommodation – Estate Management will advise the Housing Team of underoccupiers who have succeeded to a Council tenancy, where the Council can and does wish to exercise the right to obtain possession by offering alternative accommodation. These households will initially be placed in Band B and will be supported to bid. They will move up to Band A once a Notice of Seeking Possession under Ground 16 of the Housing Act 1985 has been served
o Ineligible Successor where the Council approves rehousing to smaller accommodation – Housing Management will advise the Housing Team of those households resident in a Council property where the tenant has died and no other household member has succession rights to the tenancy, and they have been approved by Senior Housing Officers for rehousing to smaller accommodation. These households will be placed in Band A and supported to bid. After 3 months, providing suitable vacancies have arisen which they could have successfully bid for, they will be moved to Band E and action will be taken to recover the property.

In deciding whether to approve a household for an offer the following factors will be taken into account: -

� Length of time they resided with the tenant before their death.
� The nature of the relationship between themselves and the tenant.
� The age of the household members
� Any medical and/or social factors
� The level of demand for the type and size of property required
� Whether the household would be likely to have been allocated a suitable property if they had made an application to join the Housing Register when they first moved into the property.
� Their ability to finance accommodation in the private sector
� Any other relevant considerations

Ineligible Successors

who the Council does not agree to accommodate will be advised to join the Housing Register and their application will be assessed according to their needs. The Council will take action to recover possession of the property.

q Homelessness
o Homeless in temporary accommodation where a duty is owed and there are special circumstances – Band B is awarded where a homeless household, who is owed a duty under Part VII of the Housing Act 1996, have been provided with temporary accommodation by the Council, which is not suitable to meet the needs of the applicant or a member of their household and the only prospect of meeting them is through the provision of permanent accommodation e.g. disability, child protection issues.

All other homeless applicants where a duty is owed will be placed in Band C. Other homeless people within the meaning of Part VII of the Housing Act 1996 but to whom the main duty has not been accepted will be placed in Band D if they have a local connection otherwise they will be placed in Band E.

Intentionally homeless households will be placed in band D. After 6 months or more have passed since they were found to be intentionally homeless, if they can satisfactorily demonstrate that their circumstances have changed they can be reassessed for eligibility for other bands. This assessment will include a review of the circumstances that led to intentionality.

q Overcrowding
o Statutorily Overcrowding Tenants – Band B is awarded to tenants who are statutorily overcrowded as defined by Part X of the Housing Act 1985, or where there is a Court Order to rehouse, except where the tenant has caused the overcrowding by inviting additional persons to live with them.
o High Priority Overcrowding– Band B is awarded where a household is 2 or more bedrooms deficient, has not deliberately worsened their housing situation and has taken all reasonable steps to remedy the situation. Where a household is one bedroom deficient they will be placed in Band C.
o 2 Tenants wishing to become 1 Household – Band B is awarded where 2 Council or RSL tenants living in separate tenancies wish to live together and where occupying either property would mean that the household would be 2 or more bedrooms deficient. (See Section 24, Bed Size Eligibility)
q Tied, Agricultural Dwelling-House Advisory Committee (ADHAC) & H.M Forces cases required to vacate within 6 months
o Tied – Band B is awarded where a household with a substantive and long standing local connection living in tied accommodation is due to retire or has received notice due to redundancy and is required to vacate their accommodation within the next 6 months. Tied households where there is no requirement to vacate within the next 6 months will be placed in Band C.
o ADHAC – Band B is awarded where an agricultural worker resident in the Borough is to be displaced and is entitled to rehousing under the 1976 Rent Agriculture Act.
o H.M.Forces – Band B is awarded where an H.M.Forces applicant with a previous substantive and long standing local connection, who would be considered to be in priority need under the homeless legislation is required to vacate their service accommodation due to retirement or leaving the forces with at least 10 years service.
q Mobility
o Special Mobility Arrangements – Band B is awarded where a commitment has been made to assist a tenant from another local authority within Surrey under the Surrey Mobility Scheme in order to meet the Council’s obligations under this scheme.
o Reciprocal Arrangements – Band B is awarded where agreement with another local authority exists to carry out reciprocal rehousing and a reciprocal is owed under this agreement. The Housing Needs Manager reserves the right to initiate, accept or refuse reciprocal arrangements according to circumstances prevailing at the time.

To qualify for Band B in either of the above cases it is not a requirement that the applicant has a local connection.

q Engagement with Services
o Some vulnerable applicants with support needs may disengage with statutory or voluntary services, which makes them less likely to be able to sustain a tenancy if offered accommodation. Often such applicants are of no fixed abode, or a “revolving door” homeless case and have chaotic lifestyles. Many are referred to the Waverley Single Housing Panel for this reason. If such applicants disengage with services, they will be placed in Band D until such time as they re- engage and co-operate with support workers, then they will be eligible to move up to Band C. Where such disengagement is due to a disability or chronic medical condition, e.g. a severe and enduring mental health problem, it is proposed that they retain their original application date when moving up to Band C.

15. CUMULATIVE NEEDS

As part of the assessment of an applicant’s needs, those applicants who have a range of needs, which would when considered independently of each other place them in the same band will be identified. These cases will be assessed to identify those applicants whose needs, when considered cumulatively, are deemed to be so severe as to warrant them being placed in a higher priority band. Where such exceptional circumstances exist and a higher priority band is thought to be appropriate the Housing Team, having fully considered the details of the case, will forward their recommendation to the Housing Needs Manager to seek authorisation that the applicant be placed in a higher priority band.

16. LOCAL CONNECTION

Applicants do not need to have a local connection with Waverley to join the Housing Register.

However, given the high housing pressure in the Borough, priority will be given to applicants with a local connection with the borough.

Two types of local connection may be established: 1 – Substantive and Long Standing Local Connection or 2 - Local Connection. Some applicants may have no local connection.

1. Substantive and Long Standing Local Connection – This is defined as the applicant or the partner having five years continuous and settled residence in the Borough at the time of the application. Applicants will only be placed in Band A or Band B if they have this greater local connection and their circumstances meet the criteria. However, this may be waived for certain designated cases (e.g. Care leavers) or in other exceptional circumstances at the discretion of the Housing Needs Manager.

2. Local Connection – This is defined below. Applicants will be placed in Bands C or D where they have established a local connection . Applicants will only be required to meet one of the following conditions to establish a local connection: -

q Either the applicant or partner has, by choice, lived in the Borough of Waverley for at least 3 out of the 5 years immediately preceding the date the application is made or reviewed; or
q Either the applicant or partner has, by choice, lived in the Borough of Waverley continuously for at least 5 years at any time in the past; or
q Either the applicant or partner has been employed in the Borough of Waverley for at least 12 months (In certain circumstances exceptions may be made to the time limit for employment where an applicant or their partner is considered to be a key worker and they are being considered for designated accommodation.) and
o remains in employment in the Borough continuously from the date of their application ,and
o the employment is not purely of a casual nature, and is for a minimum of 16 hours per week; or
q Either the applicant or partner has a close relative that lives in the Borough of Waverley and has done so for at least 5 years immediately preceding the date the application is made or reviewed. For the purposes of this paragraph a close relative means mother, father, adult son or daughter, brother or sister; or
q Either the applicant or partner has demonstrated to the Council’s satisfaction that a local connection applies to the Borough of Waverley through special circumstances.

For the purposes of this section, residence in the Borough is not of a person’s choice if it is in consequence of serving in the armed forces or of being detained under the authority of any Act of Parliament.

Applicants will initially be placed in the relevant band according to which type of local connection they have established. If they have a local connection and subsequently acquire a substantive and long standing local connection they may be moved to Band A or B if their circumstances meet the criteria for either of those bands.

Applicants with a local connection will also have to satisfy the financial criteria before being placed in Band A, B or C. (See Section 17, Financial Assessment)

No local connection – some applicants who do not meet any of the above conditions will be deemed to have no local connection and will be placed in Band E.

17. FINANCIAL ASSESSMENT

Where applicants, excluding transferring Council or RSL tenants, or a member of their household have income and/or assets/equity to purchase a property, or an appropriate interest in a property, suitable to their needs, or to put right problems they have with their current home, they will not normally qualify for inclusion in Bands A, B, C or D. Such applicants will be placed in Band E. They may however qualify for the Council’s Shared Ownership Scheme. The Allocation Scheme for Shared ownership is set out in Appendix 2

Applicants will be included in Band E when the household: -

q Has a level of income and/or savings that would enable them to purchase a shared ownership property, if eligible to do so; or to purchase a property, suitable to their needs, on the open market; or to put right problems with their current home.
q Has within 5 years of the date of their application disposed of or deprived themselves of an asset which they could reasonably have been expected to use to resolve their housing difficulties
q Are owner-occupiers with an asset that is capable of being used to obtain accommodation suitable for their needs.
q Have a legal interest in a property which can be utilised to obtain accommodation suitable for their needs. However, applicants who have an interest in a property may be assessed for a higher band, relative to their housing need, if the status and/or value of their interest prevents them from utilising it to obtain accommodation suitable for their needs.

18. PRIORITY DATES

q An applicant’s priority within the bands will normally be based on their application date and they will be considered on a date order basis i.e. the longer they have waited the higher their priority.
q If an applicant moves up a band their application date will be the date that they moved into that band. This ensures that applicants gaining a higher level of priority do not overtake applicants who have had that higher level of priority for longer. Certain exceptions may apply when moving up from band D to band C (see section 14)
q If an applicant moves down a band their application date will be the date that applied when they were previously in that band or any earlier date when they were in a higher band. This ensures that applicants do not lose out by having to start at the bottom of the lower band.

19. DELIBERATELY WORSENING CIRCUMSTANCES

Where there is evidence that an applicant has deliberately worsened their circumstances in order to qualify for higher priority under the scheme, no additional priority will be given.

This is where an applicant moves from accommodation that was available for their occupation; that was as suitable or more suitable for them than the accommodation they have moved to; and which it was reasonable for them to have continued to occupy.

For an applicant to have deliberately worsened their circumstances there must be evidence that it would have been reasonable for the applicant to have remained in their original accommodation.

An applicant is entitled to request a review of a decision that they have deliberately worsened their circumstances. (See Section 34,Review Procedure)

20. TARGETS

Whilst this allocation scheme is designed to give reasonable preference to those categories of housing applicant requiring it under the legislation, the Council also wishes to ensure that applicants in the lower bands have some opportunity to be considered for rehousing. In order to achieve this the Council will operate a target system.

The targets, set as a percentage of yearly allocations, will initially be as follows: -

q Band A 10%
q Band B 20%
q Band C 65%
q Band D 4%
q Band E 1%

The targets will be kept under review and may be changed at the discretion of the Housing Needs Manager to take account of changing demand and/or supply factors, performance to date on achieving the targets and the relative needs of the priority groups between themselves.

21. LOCAL LETTINGS PLANS

A local lettings plan that identifies local lettings priorities and is outside of this policy may be applied in the following circumstances: -

q Where there are estate management problems or issues affecting the sustainability of an area. A local lettings plan may be used where steps are needed to prevent or reverse social conditions that are threatening the housing rights of most residents or the value of the stock. The local lettings plan must: -
o Cover a clearly defined geographical area
o Have clear objectives aimed at tackling demonstrable social problems in a specific area or street
o Be part of a wider strategy for tackling these problems
q On a new housing development/ or modernisation/refurbishment scheme normally in excess of 10 units to ensure that there is a reasonable mix of households to achieve a balanced and sustainable community. Any local lettings plan will be agreed with the RSL landlord(s).
q On Specific Rural Housing Schemes, where planning permission specifically relates to the housing being provided to meet local housing need. Normally for such schemes properties will be offered to those applicants that bid for a property, who have a local connection and who are in the greatest housing need.

Local connection for this purpose can be established if the applicant and/or his/her partner: -

� are living in the village or parish at present or
� are employed in the village or parish at present
� were born and brought up in the village or parish but now live elsewhere or
� have close family within the village or parish e.g. mother, father, brother, sister

Length of residence or employment is taken into account and priority given to those with the greatest connection. If there are no suitable applicants in the village or parish then applicants from the next neighbouring parish or parishes can be considered on a concentric circle basis.

In some cases whilst other households will still be eligible to be offered the property, preference will be given to applicants with a local connection to a village or parish where a vacancy in the Council’s existing stock occurs in that village or parish.

22. RENT ARREARS AND OTHER HOUSING DEBTS

22.1 TENANTS (COUNCIL OR PARTNER RSL)

Tenants with rent arrears or who owe other housing related debts will be placed in the appropriate band according to their needs. However, in order to be eligible for an offer of accommodation they must have a clear rent account and must not owe any of the following housing related debts:

q Housing Benefit Overpayment
q Court Costs
q Former Tenant Arrears
q Unpaid Recharges

Tenants subject to a Notice of Seeking Possession (NOSP) on the ground of rent arrears or on a suspended possession order would not normally be eligible for a transfer. However if (or when) the Notice expires and no new Notice is served, or they clear their arrears they will again be eligible for a transfer.

22.2 HOMELESS HOUSEHOLDS IN TEMPORARY ACCOMMODATION

Homeless households in Council provided temporary accommodation with rent arrears or other housing debts are normally considered on the same basis as other Council or RSL tenants with debts. The following housing related debts will be taken into account: -

q Housing Benefit Overpayment
q Court Costs
q Former tenant arrears with Waverley Borough or any other social landlord
q Arrears from any hostel placements or Bed and Breakfast accounts
q Deposits paid by the Council to secure a private tenancy.
q Rent paid in advance by the Council to secure a private tenancy where an agreement has not been reached and maintained for at least 3 months
q Unpaid recharges

Tenants in temporary accommodation subject to a Notice to Quit (NTQ) where there are rent arrears would not normally be eligible for an offer unless they clear the debt in full.

22.3 APPLICANTS IN THE PRIVATE SECTOR

Where an applicant is residing in private sector accommodation they will be placed in the appropriate band according to their needs. However, in order to then to be eligible for an offer of the accommodation, they are required to clear any known rent arrears from their current tenancy and must not owe any of the following housing related debts:

q Former tenant arrears with Waverley Borough or any other social landlord
q Arrears from any hostel placements or Bed and Breakfast accounts.
q Deposits paid by the Council to secure a private tenancy. This does not include the current tenancy. However, the applicant will be advised that the deposit for the current property must be returned as soon as it is vacated.
q Claims against Deposit Bonds previously provided by the Council where an agreement for repayment has not been reached and maintained for at least 3 months.
q Rent or fees paid in advance by the Council to secure a private tenancy where an agreement for repayment has not been reached and maintained for at least 3 months

22.4 APPLICANTS IN ACCOMMODATION PROVIDED BY ANOTHER SOCIAL HOUSING PROVIDER E.G SINGLE PERSON HOSTEL

Where an applicant is residing in accommodation provided by another social housing provider they will be placed in the appropriate band according to their needs and as with any applicant are eligible to bid. However, in order to then qualify for an offer of the accommodation they have successfully bid for, they must clear any know rent arrears from their current tenancy must not owe any of the following housing related debts:

q Housing Benefit Overpayment
q Court Costs
q Former tenant arrears with Waverley Borough or any other social landlord
q Arrears from any other hostel placements or Bed and Breakfast accounts.
q Deposits paid by the Council to secure a private tenancy.
q Claims against Deposit Bonds previously provided by the Council where an agreement for repayment has not been reached and maintained for at least 3 months.
q Rent or fees paid in advance by the Council to secure a private tenancy where an agreement for repayment has not been reached and maintained for at least 3 months

22.5 DISCRETION AND VARIATIONS TO RENT ARREARS AND OTHER HOUSING DEBTS POLICY

This policy may be departed from in exceptional cases at the discretion of the Council’s most Senior Housing Officer or his/her delegated senior officer or officers. Examples of exceptional cases include:

� The applicant or tenants need to move is considered a sufficiently high priority to override the requirement to clear all housing related debts on social welfare or medical grounds
� An applicant or tenant has substantially reduced a debt and has complied with an agreement to repay the debt and will continue to repay the debt on transfer
� A Council tenant is eligible for a grant under the Transfer Incentive Scheme (for under- occupation moves) and this is sufficient to clear all outstanding housing related debts.

23. BREACH OF OTHER TENANCY CONDITIONS INCLUDING ANTI SOCIAL BEHAVIOUR

Where a Council or RSL tenant has been served with a Notice of Seeking Possession or a

demoted tenancy has been obtained through the Courts, due to a breach of one or more of the tenancy conditions (except rent arrears-See Section 22, Rent Arrears and Other Housing Debts Policy), an applicant will not be eligible to bid until or unless the circumstances have been rectified to the satisfaction of the Council.

Where a private sector tenant has been subject to a Court Order for a breach of tenancy conditions other than for rent arrears an applicant may not be eligible to bid, subject to a full assessment of the circumstances which led to the order being obtained.

When the Notice of Seeking Possession expires or the breach that led to its service is satisfactorily remedied or they no longer have a demoted tenancy they will be eligible for an offer. However, their priority date will be reduced by the length of time they were subject to a valid Notice of Seeking Possession or demoted tenancy.

This Breach of Tenancy Conditions policy may be departed from in exceptional cases at the discretion of the Council’s most Senior Housing Officer or his/her delegated senior officer or officers, for example:

� The applicant or tenants need to move is considered a sufficiently high priority to override the policy on social welfare or medical grounds, and the circumstances fall outside the remit of the Anti-Social Behaviour Group and the Housing Management moves policy.

24. BED SIZE ELIGIBILITY

The maximum number of bedrooms for which applicants are eligible is determined by the size of their household but as there is a shortage of large homes applicants may be advised to seriously consider bidding for smaller accommodation than they would ideally like. Where a property has two living rooms and one can reasonably be used as a bedroom, it will be allocated on that basis.

Maximum bedroom eligibility is determined using the following guidelines: -

Number of Bedrooms

Household Type
Bedsit 12345

Single Person

Cohabiting or married couple without children

Pregnant Woman 30 weeks or more pregnant (with or without partner) with no other children

Parent (s) with one child over 6 months old

Parent (s) with one girl and one boy both under 8 years

Parent (s) with two same sex children under 10 unless age gap is greater than 8 years

Single person or couple with one girl and one boy where the oldest child is over 8 years

Single person or couple with two same sex children where the oldest child is over 10 years or the age difference is 8 years or more.

Single person or couple with three or four children *

Single person or couple with five or more children *

*The maximum number of bedrooms will follow the rule for age and sex separation given for families with two children. Non-dependent children over 18,cousins, grandchildren and other relatives will normally be assessed using the same rules.

The Housing Team will add a bedroom where the Medical Adviser recommends this as essential.

Applicants will be advised that they stand a greater chance of successful rehousing if they bid for the smallest property for which the number of people in their household is eligible, because supply is greater the fewer bedrooms there are. Supply of the largest properties, which have four bedrooms and two living rooms are virtually non-existent. Applicants will be advised to refer to the Options for Housing newsletter for details of vacancies occurring in the preceding calendar year as an indication of supply of different property types.

There will be occasional exceptions to the above guidelines for example: -

� Certain 2 bedroom properties designated for older people may be allocated to a couple or single older person
� Underoccupation may be permitted in certain properties if there is a low demand for the property and it would be in the interests of achieving a sustainable community
� Under local lettings plans

25. INCENTIVE SCHEME FOR UNDEROCCUPYING TENANTS TO MOVE TO SMALLER ACCOMMODATION

A number of Council tenants underoccupy large family sized accommodation. To encourage such tenants to move to smaller accommodation a cash grant may be payable, and in certain approved cases assistance with removals can be provided.

The grants payable at the date of this policy are as follows:

From
To
Amount Payable

3/4 bed family home 1 bed flat, bedsit or bungalow including sheltered or
2 bed elderly designated
Up to �1200

2 bed family home 1 bed flat, bungalow, or bedsit including sheltered or 2 bed elderly designated
Up to �1000

The above sums are maximum amounts payable, the precise amount will be at the discretion of the Deputy Housing Needs Manager.

26. VERIFICATION OF APPLICANTS CIRCUMSTANCES

All applicants must have their circumstances and housing conditions verified before they will be eligible to sign up for a tenancy. Verification may include a home visit where appropriate.

Applicants placed in Bands A and B and those applicants in Band C who have been waiting the longest will normally be visited, unless their circumstances have already been verified through interview as part of the housing options approach.

All applicants visited or interviewed will be required to provide the following proofs/verifications:

q Provide evidence of addresses to confirm extent of local connection – See Section 16
q One proof for each adult included in the application that they are resident at the property they are applying from. Acceptable documents include: Tenancy Agreement, Rent Book, Letter from Landlord or Agent, Driving Licence, Medical Card, Letter from Mortgage Company, or other official correspondence if none of the above is relevant.
q One proof of identity for each adult included in the application. Acceptable documents include: Driving Licence, birth certificate, UK Residence Permit, Passport, Marriage Certificate or EU Identity Card.
q One proof that any dependent children live with the applicant. Acceptable documents include: Child Benefit book front and inside page giving names and dates of birth of children, Child Benefit entitlement letter or most recent Child Tax Credit Award letter.
q Proof of pregnancy.
q Proof of Earnings for each adult included in the application. Acceptable documents include: Last 2 months pay slips if paid monthly, last 3 months pay slips if paid 2 weekly, last five pay slips if paid weekly or completed accounts for the last financial year or trading records so far if trading for less than 1 year.
q Or Proof of other Income for each adult included in the application through benefits or pensions or allowances. Acceptable documents include: Award Notices or letters from Benefits Agency, Award Notices or letters from Department of Work and Pensions.
q Proof of Assets, Savings and/or investments. Acceptable documents include: Last 2 months full bank statements, last 2 months building society statements, post office book, certificate of premium bonds, national savings certificates, individual savings accounts, stocks, shares, unit trusts.
q Proof of current value of property if applicant is homeowner.
q Proof of entitlement to reside in the UK or other Proof of eligibility for local authority housing, if anyone included in the application has arrived in or returned to the UK in the last 5 years after living abroad, or other Proof of eligibility for local authority housing. Acceptable documents include: Passport and Entry Visa if relevant.
q Other proof requested as appropriate

If the applicant is a Council tenant requesting a transfer the visit will also include an inspection of the condition of their current property.

If the condition of their current property has deteriorated owing to acts of waste by, or the neglect of the tenant or another person residing in the property, such that it is appropriate for a Notice of Seeking Possession under Ground 3 of Schedule 2 of the Housing Act 1985 to be served, the matter will be referred to the Housing Management Section. They will not be eligible to bid until any Notice served has expired or the situation remedied, whichever is the sooner.

If work is required to bring the property up to a standard that enables it to be let with minimal work being undertaken by the Council they will be advised of the exact nature of the work and a timescale will be agreed for this work to be carried out. Alternatively they can provide signed agreement that they are prepared for the Council to undertake the work and to be recharged for it. Only then will they be eligible for an offer

In the case of an RSL tenant transferring, although the Housing Officer will not carry out a full property inspection, they will notify the RSL that the condition of the property is poor and that the tenant may be in breach of their tenancy conditions. The RSL may subsequently request the Council to “suspend“ any offer of accommodation until they have carried out their own inspection to determine if the tenant is in breach of their tenancy conditions. This may result in an offer being withdrawn.

27. OFFERS OF ACCOMMODATION

An offer of accommodation will normally be made to the eligible applicant in the highest band, starting with Band A through to Band E with the earliest application date (See Section 18, Priority Dates), whose household size best fits the property by comparing the size of the property with the number of people on the application.(See Section 24, Bed Size Eligibility)

The Council reserves the right, in exceptional circumstances, to offer a property out of a strict Band priority and waiting time order to an applicant who has special needs and for whom the particular property is uniquely or unusually suitable (e.g. location, layout, access or capacity for adaptation) to meet those needs.

Where the targets set for each band are reviewed and it is found that they are not being met, properties may be offered to applicants from a specific band to ensure that the target for that band is met.

Prior to making an offer a Housing Officer will undertake the following checks in respect of the shortlisted applicant: -

a) Carry out any further eligibility checks considered necessary
b) Check that all documentary evidence required for verification purposes has been provided

Where the required documentary evidence has not been provided the applicant will be contacted and asked to provide the Housing Team with the required documentation as soon as possible and at the latest within 3 days of the contact. (See Section 26, Verification of Applicants Circumstances).

If the applicant is either ineligible for an offer or the required documentation is not provided within the given timescale the Council will overlook the applicant and move onto the next applicant on the shortlist.

Where the applicant is eligible for an offer and the documentation required has been provided within the given timescale the applicant will be sent a written invitation to view the property and advised to contact the Rehousing Team to make an appointment.

28 VIEWING A PROPERTY

An immediate viewing will be arranged if the property is vacant or if the current occupier is happy for a viewing to be undertaken whilst they are still resident. If this is not possible the applicant will be advised when the property is due to become vacant and that they will be contacted to make an appointment to view once the keys have been received. For sheltered schemes the applicant will need to make an appointment with the appropriate Scheme Manager to view.

Following the viewing the applicant will be required to confirm whether or not they wish to accept the property by the end of the next working day after the viewing, otherwise they will normally be deemed to have refused it.

If the applicant accepts the property they will be invited to sign for the tenancy and given an appointment to attend the Housing Advice Centre to do so.

If the previous tenants stated that they were victims of racial harassment, prospective tenants of ethnic minority origin will be advised of this after they have viewed the property and expressed an interest in it, but before they formally enter into a tenancy.

If the applicant refuses the property, the next eligible person is selected. An applicant will not normally be penalised for refusing a property, although checks are likely to be made if several properties are refused.

29. FACTORS AFFECTING OFFERS OF ACCOMMODATION

An applicant may not be considered for an offer of accommodation if any of the following circumstances exist: -

q The applicant is a Council or RSL tenant with a valid Notice of Seeking Possession or equivalent or a demoted tenancy has been obtained through the Courts. (See Section 23, Breach of Tenancy Conditions)
q The applicant has current rent arrears and/ or owes other housing related debts. (See 22, Rent Arrears and Other Housing Debts Policy)
q The applicant is a private sector tenant who has a Court Order against them in relation to their accommodation. (See Sections 22 and 23).
q Applicants who do not meet the financial criteria (See 17, Financial Assessment)

An applicant may not be considered for an offer of accommodation in a specific geographical area if any of the following apply:

q The applicant or a member of their household is excluded from a geographical area as a result of Court action e.g. subject to an Anti-Social Behaviour Order (ASBO), injunction or non-molestation order relating to a person known to be living in that area.
q There are other valid housing management grounds to exclude the applicant or a member of their household from a specific geographical area e.g. they were previously evicted from the area. Such a decision would be based on issues of community safety and reached following full and detailed consultation with all the relevant agencies.

30. HOUSING FOR OLDER PEOPLE

Waverley Borough Council has three types of accommodation specifically for older people. These are: -

q Properties particularly suitable for older people

There are properties which are particularly suitable for older people who can live independently. To be eligible the applicant must normally meet the age criteria, which may be 55+ or younger disabled people. However, ground floor flats may be offered to younger people with health problems who have been awarded medical priority for ground floor accommodation. For some of these flats fairly good mobility is necessary, as many are the first floor without a lift. Where there are no eligible applicants, consideration will be given to the applicant with the highest level of priority that is considered suitable.

q Sheltered Housing

This type of accommodation is for applicants aged 60 or over who can live independently and are able to manage alone, but who need the added security of an alarm system and the support of Sheltered Housing staff. This includes applicants who are able to care for themselves with the help of a social services care package. The applicant needs to meet the Supporting People needs assessment and be approved for sheltered housing. It should be noted that Sheltered Housing is subject to the Supporting People charge as well as rent and service charges. Applicants approved for sheltered housing will normally be placed in Band B. However, they may be placed in Band A if they meet any of the criteria within that Band.

q Enhanced Sheltered Housing

Waverley has two sheltered schemes in Farnham that can provide enhanced care. Up to a maximum of 14 homes at Riverside Court and Falkner Court have been set aside for people who require enhanced care. Applicants for these vacancies will need to be on the Housing Register and approved for sheltered housing but will also have to be approved for Enhanced Care through the Multi-agency Allocations Panel for Enhanced Care at Riverside and Falkner Courts. This is made up of representatives from the Council, Guildford and Waverley PCT and the Waverley Social Care Team for the Elderly and Physically Disabled. These homes are subject to the Supporting People charge, rent and service charges.

Eligibility for the remaining homes in these 2 schemes is the same as for Sheltered Housing (see above) and the homes are subject to the Supporting People charge, rent and service charges.

q General

Approved applicants for any of the housing for older people who do not have a substantive and long standing local connection will be placed in Band C but may be moved ot Bands A or B if they subsequently acquire substantive and long standing local connection and their circumstances meet the criteria for Bands A or B.

Different lower age limits may apply to particular schemes both within Waverley Borough Council’s accommodation and in our partner Registered Social Landlords’ accommodation.

31. ASSESSMENT FOR SHELTERED HOUSING

Applicants may indicate on the application form if they wish to be considered for sheltered accommodation. They may also be referred by relatives, social workers or doctors, or the Council’s Medical Advisor may recommend sheltered accommodation. If contact is made by a third party the applicant will need to be contacted and asked to complete an application form.

An initial assessment for the need for sheltered housing will be carried out at the point of application or soon after and this assessment will be reviewed when the applicant is invited to visit the scheme (see below).

Before an offer of sheltered housing is made, the applicant is invited to visit the scheme. An assessment will be carried out to determine eligibility for Supporting People and also will assess that the particular accommodation is suitable for the needs of the applicant.

A recommendation for enhanced care at Riverside and Falkner Courts will be dealt with through the Allocations Panel for Enhanced Care. A care support worker may make a referral direct to the panel for consideration without the household being registered on the Housing Register. However, all applicants for Enhanced Care must register on the Housing Register prior to any allocation taking place.

Note: Consideration may be given to transferring existing Sheltered Housing tenants between or within the schemes where they are registered for a transfer, and there is a clear reason as to why such a transfer would be beneficial to the tenant concerned.

32. SUPPORTED ACCOMMODATION FOR PEOPLE WITH SPECIAL NEEDS

There is some supported Housing in and around Waverley that is suitable for people with support needs. This includes: -

� Young people
� Younger single parents
� People with learning disabilities
� People with mental health problems
� People with substance misuse problems
� People with other vulnerabilities

The Council has nomination rights to Supported Housing providers. Some of the schemes provide long-term accommodation whereas others assume that there will be a requirement for the resident to move on either after a certain period or when they are capable of living independently.

33 SELECTION CRITERIA AND PRORITIES FOR SUPPORTED HOUSING

Before any nomination is made to a Supporting Housing provider clients are assessed according to their needs and support requirements at the time of the referral, together with any potential risk they may present to themselves and others. An assessment is made in respect to their suitability for the scheme and respective priority compared to other applicants.

� Normally overall priority is given to homeless applicants that are assessed as suitable, to whom the council has or may have a statutory duty to secure accommodation, unless there is a suitable applicant with a higher need for supported accommodation at that time.

� Where there is more than one suitable applicant for the vacancy and the applicants are assessed as having a similar level of need for housing and support, given that there is a shortage of supported accommodation in the Borough, priority will be determined on the basis of the applicants local connection followed by their application date. (An applicant with a local connection will normally be given priority over an applicant without a local connection even if they have an earlier application date).

34. ALLOCATIONS TO SUPPORTED HOUSING

The process for allocating vacancies varies slightly between the different landlords but is similar to that followed by the Council as detailed below.

a) Vacancies or prospective vacancies are notified to all the potential referrers by letter, or e-mail, inviting nominations by an agreed date. Referral organisations include those represented on Waverley Single Housing Panel and any others as may be appropriate including:
� Housing Advice Team
� Homelessness Team
� Neighbourhood and Housing management services
� Community Mental Health Team
� Community Learning Disability Team
� Adult and Community Care services
� Single persons hostels
� SCDT
� Voluntary agencies
b) Referrals are requested on a standard form. All applicants must be on the Housing Register or be eligible to join the register at the time of the referral. Self-referrals to supported housing are not normally accepted, as most schemes require the applicant to have a key worker from a statutory or voluntary agency.
c) On receipt of referral forms all applicants are assessed by the Supported Housing provider according to their eligibility criteria for the scheme and to see if any further information is required. Referrers will be advised if an applicant is ineligible or if further information is required e.g. occupational therapy reports, risk assessment, etc. Once the appropriate referral documents have been received, interviews will normally be held with all those who have been identified as potentially suitable for the vacancy.

d) Allocations for supported housing (subject to the number of applicants considered suitable for the scheme) are normally considered at a multi-agency panel meeting, which is called specifically for this purpose. This will normally include the Scheme Manager, the Chair of Waverley Single Housing Panel or Housing Officer and any key workers of the applicants being considered together with any other professionals that may have an interest in the particular project or scheme.

e) At the allocation meeting each professional who has made a referral should present the case for their client. A full exchange of information should then occur before the panel makes their recommendations. The decision as to who should be offered the vacancy should be based both on housing and support needs of the individual concerned and the scheme where the vacancy is occurring. The group dynamics of other residents will be taken into account where there is shared accommodation or flats. Of paramount importance are the needs and vulnerabilities of existing tenants and the likelihood of a person engaging successfully with the supported housing staff working at the scheme.

f) This arrangement may be subject to a fast track procedure where there are only a minimal number of referrals of 2 or less suitable applicants. In such instances the discussion would normally be by telephone between the Scheme Manager and the Chair of SHIP unless either party or the applicants key worker requests a face-to-face meeting. The final decision on suitability and allocation rests with the Supported Housing Scheme Manager.

Any appeals against allocation decisions in respect to supported housing are dealt with under the Council’s review procedure (See Section 35, Review Procedure) in the case of a decision made by the Council. Where the appeal is against the decision of a voluntary agency or RSL the applicant will need to follow that organisations appeals process.

35 REVIEW PROCEDURE

An applicant has the right to request a review of the following decisions: -

q That they are ineligible to join the Housing Register or that they have become ineligible
q That they are ineligible for an offer
q That their application has been cancelled other than at their request
q Any other decisions relating to the Waverley Borough Housing Allocation Scheme, including banding and priority dates.

An officer senior to the officer making the original decision and who was not involved in making the decision will carry out these reviews.

Procedure: -

q A request for a review must be made by writing to, visiting or telephoning the Housing Team within 21 days from the day on which the applicant is notified of the authority’s decision and the reasons for it. The Council has discretion to extend the time limit if it considers this would be reasonable.
q An applicant may provide any additional information that they think the Council should take into account when reviewing its decision. This must be in writing and provided within 14 days from the date the Council notifies the applicant that it is carrying out a review.
q The applicant will be advised of the outcome of the review within 8 weeks unless the applicant has agreed to an extension of time.
q There is no right to request a further review.

Reviews of decisions made under Part VII of the Housing Act 1996 (Homelessness) are outside the scope of this Scheme.

36. DISCRETION AND DELEGATED AUTHORITY UNDER THE ALLOCATIONS SCHEME

This Allocation scheme has been designed to provide a comprehensive policy framework and follow current legislation, government guidance and case law. In addition it takes into account local housing need and provision at the time of writing. It is important that the Allocation Scheme remains sufficiently flexible and responsive to individual needs, changing legal requirements, case law and local circumstances.
Clearly, the Council must retain the ability to act appropriately in such situations. Therefore, as the Council considers every case individually on its own merits, the Council’s most Senior Housing Officer, or his/her delegated senior officer or officers, is permitted to exercise his/her discretion (subject to compliance with the provisions contained in legislation and in any regulations or guidance laid down by the Secretary of State):
� To depart from the policy framework set out above where there may be situations which would operate unfairly to restrict an applicant’s entitlement to housing:
� In such situations where the applicant can demonstrate exceptional circumstances,
� To offer accommodation to housing applicants assessed as requiring care and support on the condition that they comply with an agreed care plan or such supervision requirement as he may deem appropriate;
� To vary the Council’s standard Terms and Conditions of Tenancy as necessary (other than those stipulated by statute under Section 103 of the 1985 Housing Act) on an individual basis in appropriate cases by agreement or in accordance with Section 103 of the Housing Act 1985 (apart from Terms and Conditions required by law).
� As otherwise set out in this document.

And in consultation with the Lead Member or Portfolio Holder:

� To implement such amendments as may be required to ensure compliance with the legislation and Government Guidance.
� To make minor amendments to the scheme to ensure that it remains responsive to individual and local housing needs

comms/o&s2/2006-07/022

	Number of Bedrooms
Household Type	Bedsit 12345
Single Person
Cohabiting or married couple without children
Pregnant Woman 30 weeks or more pregnant (with or without partner) with no other children
Parent (s) with one child over 6 months old
Parent (s) with one girl and one boy both under 8 years
Parent (s) with two same sex children under 10 unless age gap is greater than 8 years
Single person or couple with one girl and one boy where the oldest child is over 8 years
Single person or couple with two same sex children where the oldest child is over 10 years or the age difference is 8 years or more.
Single person or couple with three or four children *
Single person or couple with five or more children *

From	To	Amount Payable
3/4 bed family home	1 bed flat, bedsit or bungalow including sheltered or 2 bed elderly designated	Up to �1200
2 bed family home	1 bed flat, bungalow, or bedsit including sheltered or 2 bed elderly designated	Up to �1000