Resident Services. Allocations & Lettings Policy. Version: New. Revision. Effective Date: July Review Date: July 2014.

Transcription

1 New Revision Resident Services Allocations & Lettings Policy Version: 11.0 Version: 11.0 Effective Date: July 2013 Review Date: July 2014 Scope: Signed Off: Author: Policy Owned by: This framework applies to all regions of The Hyde Group. Allocations & Lettings CIG, ART Project Board Karen Birch Allocations & Lettings CIG KLOE: Allocations & Lettings (July 2007) Statute: Housing Act 1996 Homelessness Act 2002 Regulatory Framework: Tenancy Standard: Allocations Resident Services Allocations & Lettings Policy 1 of 13

2 Allocations & Lettings Policy 1 Policy Statement 1.1 This policy sets out The Hyde Group s approach to the allocation and letting of our social rent and affordable rent and affordable homes and the options available to people who want to live in a Hyde Group property. 2 Policy Aims 2.1 This policy will ensure that The Hyde Group will: Co-operate fully with the strategic housing function of our partner local authorities in order to help them meet their identified local housing needs. (ii) Ensure that the way we allocate our homes is fair and equitable and does not discriminate against any person or group. (iii) Let our homes in an efficient and timely manner whilst also being sympathetic to the need of the applicant. (iv) Ensure that overcrowding of our properties is tackled proactively in order to minimise the destructive effects associated with this and ensure the most efficient use of our stock. 3 Regulatory Code and Legal Framework 3.1 The Homes & Communities Agency s Social Housing Regulatory Framework stipulates that Registered providers shall let their homes in a fair, transparent and efficient way which takes into account the housing needs and aspirations of tenants and potential tenants. 3.2 Registered providers are required to demonstrate how they: Make the best use of available housing; (ii) Are compatible with the purpose of the housing; (iii) Contribute to local authorities strategic housing function and sustainable communities. 3.3 The framework also requires registered providers to demonstrate a clear application, decision-making and appeals processes. 4 Service Promise 4.1 The Hyde Group s Service Promise sets out a number of promises that have been made to residents in respect of the allocation and letting of Hyde s properties. These promises include to: Let all our homes in a fair and transparent way. (ii) Aim to let our empty properties within four weeks. (iii) Provide you with financial assistance or vouchers to help towards decoration if your new property needs it. (iv) Offer extra support to vulnerable tenants. Resident Services Allocations & Lettings Policy 2 of 13

3 (v) Ask whether you were satisfied with our letting service. 5 Monitoring 5.1 The Hyde Group is committed to providing equal opportunities for all those in housing need. No person should receive less favourable treatment on the grounds of their ethnicity, national origin, age, religion, gender, physical disability, appearance or marital status. 5.2 The Hyde Group monitors the allocation of properties to new tenants on a monthly basis against six diversity strands ethnicity, age, religion, gender, sexuality and physical disability to ensure that letting targets are being adhere to and that discrimination against any particular diversity strand is not taking place with regards to the allocation of Hyde s properties. 5.3 Hyde also monitors resident satisfaction with its letting process on a monthly basis against the same six diversity strands to ensure that no particular group receives an inferior level of service. 5.4 In both instances, monitoring against diversity strands takes the form of self-classification by applicants and residents and the results are kept anonymous and confidential. 5.5 The results are published in Hyde s monthly Key Performance Reports which are made available to all Hyde Group staff and which are regularly reviewed by the Executive Management Team (EMT), the HydeWide Residents Eye (HRE) and the Hyde Group Board. The results are also used to ensure Hyde s policies and procedures are fit for purpose and that our Diversity and Inclusion Strategy is being adhered to. 6 Equality Analysis 6.1 We have completed an Equality Analysis for this policy and will ensure that where our customers have any specific access or communication needs we will do all we can to address them 7 Our Approach 7.1 The Hyde Group operates in several local authority areas, each with different nomination arrangements and allocations policies. Demand for properties can vary greatly and there are many different local issues. Our priority will be to continue to work in partnership with local authorities to meet local housing needs and create diverse and sustainable communities through nomination agreements, choice based lettings (CBL) and local letting plans. 7.2 We will take into consideration the housing strategies of our partner local authorities and where possible we will work with them to address their identified housing priorities. 7.3 We will allocate our homes based on housing need, suitability, legislation, eligibility and in accordance with local authority nomination agreements and CBL schemes. 7.4 Households requiring specially adapted homes will be prioritised for homes which meet their needs. Local authorities will be notified of any existing adaptations in void properties and CBL adverts will also be tailored to make potential applicants aware of these. 7.5 Where any current Hyde households are under-occupying their present accommodation and wish to move to a smaller home, we will do our utmost to assist this process. Hyde will Resident Services Allocations & Lettings Policy 3 of 13

4 offer assistance and support in a variety of ways including advice on moving and support in finding the right home for them. 7.6 We will continue to actively promote alternative housing options available to residents wishing to move home such as mutual exchanges and other national and local options. 7.7 We will also continue to actively develop our partnerships and relationships with statutory and voluntary agencies to enable access to specialist advice or support for existing or new residents. 8 Appropriate Property and Household Size 8.1 As the demand for social housing exceeds supply, we will maximise the use of available accommodation by fully occupying but not creating overcrowding. We therefore set an appropriate property size, which is the normal sized property the household will be allocated and acts as a minimum standard. 8.2 Our appropriate property size and household size is based on the size criteria in the social housing sector set-out in the Welfare Reform Act 2012, which will be implemented from April The size criteria will restrict housing benefit to allow for one bedroom for each person or couple living as part of the household with the following exceptions: Children under 16 of same gender expected to share Children under 10 expected to share regardless of gender Disabled tenant or partner who needs non resident over night carer will be allowed an extra room 8.3 To ensure consistency we use the guidelines summarised further below to determine the appropriate size of property. A single person will be offered bedsits or one bedroom properties. (ii) Two adults living as a couple (whether as part of a larger household or not) will be offered one double bedroom unless there is medical evidence to support the need for separate bedrooms. (iii) Two children of the same sex will normally be expected to share except where there is medical evidence to support the need for a separate bedroom. (iv) Two children of different sexes will be expected to share a bedroom unless the eldest is older than 10 or there is medical evidence to support the need for a separate bedroom (v) An adult carer, living full time and permanently in the household, caring for the tenant or an existing member of the their household, will be expected to have their own single bedroom (vi) Offers will take into account babies once they are born not before. 9 Exceptions to the Size Criteria 9.1 Exceptions may be made in certain circumstances: Where a more urgent case under our management decant process requires the home. (ii) Where a local letting plan is in place. Resident Services Allocations & Lettings Policy 4 of 13

5 (iii) By agreement with the local authority for their nominations (iv) Where there is low demand. 10 Definition of Bedroom Size 10.1 In allocating a single or double bedroom Hyde uses the following definition of bedroom size: A double bedroom is one not smaller than ten square metres. (ii) A single bedroom is one not smaller than five square metres. 11 Access to Hyde Group Homes 11.1 Local Authority Nominations The majority of Hyde s applicants are sourced from local authorities who nominate applicants for housing when a property becomes available. Agreements between Hyde and its partner local authorities are in place which govern this and which dictate the proportion of homes that Hyde is required to make available for local authority applicants. (ii) The proportion of Hyde s vacant properties that must be made available for local authority nominations in this way varies across the Group and within individual Regions. (iii) While Hyde is contracted to make 100% of void properties available for some local authorities, in others the proportion may be between 50% or 75%. For further information on the nomination agreements in place with local authorities contact the regional Lettings Managers in Hyde London and Hyde South and the Resident Service Managers in Hyde East. (iv) The majority of Hyde s local authority partners operate a CBL scheme for the allocation of applicants. Hyde recognises that these schemes can be difficult to engage with for many people and will endeavour to actively support all residents and applicants with the process. (v) General information on CBL as well as links to the various schemes can be found on Hyde s website and the local offices will have details of their local schemes. This information will be available in a variety of languages and formats to ensure no one is excluded from participating in CBL Transfers Hyde does not operate an internal transfer list. (ii) Hyde residents wishing to move to an alternative property for a non-critical reason will be advised to either seek a mutual exchange (see section 11.3 for more information) or apply to their local council s Choice Based Letting scheme. (iii) Hyde will actively signpost such routes and will provide support to residents wishing to take up these opportunities. Resident Services Allocations & Lettings Policy 5 of 13

6 11.3 Mutual Exchange 11.4 Quotas Households may mutual exchange with another Hyde resident or a social housing tenant of another registered provider. Eligibility criteria for mutual exchanges are laid out in the Mutual Exchange Policy and Procedure. (ii) Hyde is a member of the House Exchange, Home Swapper and Kent Homechoice mutual exchange services. Links to these websites are available from Hyde s website and leaflets and posters are available at each Hyde office. Hyde staff are available to assist residents with these websites should they require any help. Quota Arrangements are referral rights given to agencies for which Hyde has developed special projects. These are shared accommodation and single flats for people with support needs. If the project only provides temporary housing, each year we will offer the agency a small quota of permanent move-on accommodation. (ii) Properties are assigned to the Quota Source Group in consultation with the Resettlement Workers (Hyde South East) and/or the agencies, according to previously agreed individual criteria. This includes Temporary Housing and HAMA tenants where appropriate Waiting Lists In areas of low demand where nominations from local authorities cannot meet the supply of void properties, Hyde will operate open waiting lists. All applicants are assessed under Section 14 Eligibility for Housing before being considered for rehousing. 12 Local Letting Plans 12.1 In order to achieve balanced and sustainable communities, staff will work in partnership with Local Authorities to develop local lettings plans - particularly for new and mixed tenure developments. Staff may also work with residents from existing communities to develop local lettings plans Where local lettings plans are in operation these will take precedence over our lettings policy for that particular area or estate and we will publicise the detail of the lettings plans to residents of the areas and other customers on request. 13 Lettings to Tenants Under the Age of Prospective tenants under the age of 18 will be offered an equitable tenancy to grant a tenancy to the minor following their eighteenth birthday. A guarantor over the age of 18 who is not a representative of the landlord will be required usually a family member or a social services representative. 14 Eligibility for Housing 14.1 All applicants for housing are subject to the same rules regarding qualification and exclusion. To qualify for housing all applicants must fulfil one or more of the following Priority Criteria: Present accommodation provides insecure tenure; Resident Services Allocations & Lettings Policy 6 of 13

7 (ii) Families are prevented from living together by lack of suitable accommodation; (iii) Present accommodation is lacking one or more of the basic amenities or is in serious disrepair; (iv) The applicant, or one of their family, suffers from physical or mental problems which are exacerbated by their present housing conditions; (v) Present accommodation is unsuitable for reasons of size, location or lack of facilities; (vi) Present accommodation is suitable but due to social needs (for example, employment, care of elderly relatives) the applicant has a need to live in a different locality Hyde will verify the details of all applicants supplied by local authorities prior to making any offer of accommodation. Hyde will also assess each nominated household in order to determine eligibility (based on the above criteria and Section 15 - Exclusions below) and suitability to the home they have been nominated to. If it is felt that the applicant would not be suitable to the property they have been nominated to, Hyde will advise the local authority and reject the applicant if deemed necessary. 15 Exclusions 15.1 The Housing Corporation s expectations of housing associations when assessing the eligibility of applicants for a housing association home are set out in Circular 02/07 Tenancy Management: Eligibility and evictions. This circular is issued as statutory housing management guidance under S.36 of the Housing Act As of the time of writing the Tenant Services Authority had not published any updated guidance. Should this change, the below will be revised Rent Arrears The Hyde Group will not house applicants with arrears where these are of their own making and not due to late payment of Housing Benefit. However, rent arrears will not be an automatic barrier to access. (ii) The appropriate manager may consider the applicant at a later date if the arrears are cleared. Discretion may also be exercised in high priority cases where the applicant is at risk. (iii) Any credit checks that have been carried out in order to help identify vulnerabilities will not have a bearing on deciding the applicant s eligibility for housing Anti-Social Behaviour Hyde will not house perpetrators of harassment and anti-social behaviour. Ineligibility for housing on the ground of the applicant s antisocial behaviour will be based on evidence of the behaviour. (ii) Evidence might include the previous eviction of an applicant or a member of their household for ASB, or a previous injunction or ASBO taken out against the applicant or a member of their household. (iii) Previous tenancy enforcement action for ASB will not be taken into account if it occurred two or more years prior to the date of application and the tenant s household has conducted a tenancy satisfactorily in the intervening period. Resident Services Allocations & Lettings Policy 7 of 13

8 (iv) Hyde will not normally exclude an applicant with previous convictions unless the applicant is deemed to pose a risk to their household, neighbours or wider community. Where such an applicant is excluded we will provide reasons for our decision. Please refer to the Sex Offenders & Dangerous Offenders Policy and Procedure Homeowners Hyde will not normally house applicants who own their own home (excluding mobile homes and caravans) although exceptions can be made depending on the circumstances of the individual or individuals involved. (ii) Point (v) below lists those circumstances where Hyde would consider housing someone with a legal interest in a property. This list is not exhaustive and local managers should exercise discretion. (iii) It should be noted that in most instances the homeowner being nominated for social housing should be taking steps to remove their interest in the property (although as discussed below this is not mandatory in certain circumstances). (iv) If appropriate, tenancy agreements should be tailored to individual circumstances such as where Hyde is letting a property on condition that the homeowner sells their property. Advice on tailoring tenancy agreements in this way should be sought from Policy & Compliance Advisor or the Legal Services Manager. (v) The circumstances where Hyde will consider housing a homeowner include: 15.5 Outstanding Notices Where a property has become unsuitable due to a disability on the part of the homeowner and the homeowner is unable to make the necessary changes to their property. Cases of domestic violence where it is not appropriate to contact the perpetrator to organise a sale or to remove a name from the deeds. Where the homeowner is unable to sustain their home due to a change in circumstances (including relationship breakdown, illness or loss of job) and is in the process of selling their home. Where the applicant is a joint homeowner who has been left unable to sustain their home due to the disappearance of their co-homeowner and who is unable to do anything because of an insistence by a mortgage lender of needing two signatures. Hyde will not house applicants with any outstanding tenancy Notice Evicted Tenants Hyde reserves the right to not house any applicant who was previously evicted from either a Hyde property or that of another registered provider of social housing or private landlord. (ii) We will review the case of each applicant individually in order to establish whether the factors that led to the previous eviction remain an issue. (iii) If it is deemed that such factors are still an issue we will refuse to house the applicant. If however it is decided that circumstances have changed and that the applicant is capable of sustaining a new tenancy we may choose to house the applicant. Resident Services Allocations & Lettings Policy 8 of 13

9 15.7 Vulnerable Applicants Hyde will not house applicants who have been assessed as vulnerable without an appropriate support package. (ii) Where our assessments have indicated the applicant is vulnerable, Hyde will work with the local authority and other agencies to arrange an appropriate support package that will be available at the beginning of the new tenancy. (iii) If despite every effort it has been impossible to arrange an appropriate support package and it is deemed that the applicant would be unable to meet the conditions of tenancy without this they may be excluded. (iv) An applicant may also be declined if it is deemed that the level of support they would require would seriously undermine Hyde s ability to support the other residents in a scheme. (v) Applicants for accommodation who, on the advice of Social Services or Local Authority, have a need for a fulltime carer are entitled to housing of a size and type to accommodate their needs and that of their carer Local Connections Hyde does not have a residency policy and will not normally exclude an applicant should they not have a local connection. (ii) However, due to the shortage of accommodation in some popular areas, applicants are expected to have reasons for wishing to live in a particular area, such as employment, the need to be near relatives who can offer support, or previous residence in the area. (iii) Hyde may also require a local connection where: There is a local lettings policy in place (see below); The scheme in question is a rural exception site; There is a Section 106 agreement that applies. (iv) Any local lettings policy that Hyde may operate will endeavour to ensure the competing demands of housing need and local authority nominations is weighted against promoting balanced and stable local communities in those areas the local lettings policy applies Applicants ineligible for social housing Hyde will not house any applicant who is not legally eligible for social housing for example, those households subject to immigration control by virtue of any regulation made by the Secretary of State. 16 Immigration Status 16.1 Any applicant for housing without permanent leave to remain will need to provide the following documents to prove their immigration status before an offer of accommodation will be made: A copy of their passport; and The Immigration Status Document they were given with the asylum decision; or A letter from the UKBA or Home Office confirming eligibility; or Resident Services Allocations & Lettings Policy 9 of 13

10 A copy of the documents they sent off with an application to renew their leave to remain with the receipt from the UKBA Offering tenancies to applicants with limited leave to remain 16.2 Applicants with limited leave to remain where the right to remain exceeds 18 months will be offered a 12-month starter tenancy (in line with the Starter Tenancy) Policy followed by twoyear fixed term assured tenancy At the end of the fixed term period, the applicant s immigration status will be reviewed again and a new two-year fixed term tenancy may be offered In order to achieve sustainable communities, we reserve the right to refuse accommodation to applicants with limited leave to remain where: The right to remain is less than 18 months; or The applicant has no recourse to public funds 16.5 Any offer of accommodation to an applicant with limited leave to remain will be regarded as a non-secure housing by The Hyde Group and cannot be used to prove an applicant s permanent settled status in the UK for benefit entitlement or UK residency or British citizenship. 17 Overcrowding and Under Occupation 17.1 Hyde will never knowingly let a property where doing so would lead to overcrowding of the household from the start of the tenancy. Hyde will refer to the household and property size guidelines set out in Section 8 of this policy in making such decisions. If it is felt that a property is too small for a nominated household the local authority will be informed and clarification sought Under occupation is defined as being where one or more bedrooms in a property are not regularly used by members of the household as bedrooms. As set out in section 8 of this policy, Hyde will usually try to ensure that any lettings make best use of the property and that under occupation does not occur from the beginning of the tenancy In certain circumstances for instance where local lettings plans are in place Hyde may decide to let properties to households where doing so will result in under occupation. In such cases it should not result in the under occupation of the property by more than two bedrooms Where under occupation in existing households is identified, Hyde will encourage those tenants to move to a smaller property and will, where possible, offer financial and other assistance in order to facilitate such a move. 18 Special Considerations 18.1 We provide housing for single people, couples without children and families of all ages. Among these groups, special consideration is given to: People with disabilities for which specially adapted properties can be provided. (ii) Key workers whose jobs are important to the surrounding community some special schemes exist for this group. Resident Services Allocations & Lettings Policy 10 of 13

11 (iii) Those who are out of work and need to move to take up employment referrals. (iv) Certain other groups with specific needs who often require specialised housing e.g. sheltered housing for older people, hostels for the young single homeless. (v) We will also take into account child density levels on estates and blocks by under letting by one bed space where necessary. (vi) To create safer play areas for younger children Hyde will, where possible, seek to give preference to households with children under 12 when allocating properties with gardens. 19 Refusal of an Applicant 19.1 Hyde may choose to refuse any applicant where it has been deemed they fail to meet the eligibility criteria in Section 14 or is in breach of one or more of the grounds for exclusion criteria set out in Section It should be noted that no applicant will be automatically excluded should they fit one of these defined categories. In all cases, the applicant s housing need and circumstances will be judged on their own merit and on an individual, case-by-case basis. Should any factors that could lead to ineligibility exist; every attempt will be made to resolve these before the applicant s case is rejected Should it be decided to refuse the nomination of an applicant, Hyde will notify the nominating agent (usually the local authority) in writing, stating in detail the reasons for the refusal If it is discovered that an offer of accommodation has been given based on erroneous information that offer may be withdrawn and the nominating agent notified in writing. 20 Refusal by an Applicant 20.1 A reasonable offer of accommodation by Hyde is one where it is considered to meet the stated size and access requirements of the applying household The consequences of an applicant refusing an offer of accommodation made by the Hyde Group will vary depending on the local authority s allocation policy and whether or not a Choice Based Lettings scheme is in place Should a household refuse an offer, advice should be given to the applicant regarding the consequences of their refusal, either by Hyde or by the local authority that provided the nomination Where a household has refused an offer of accommodation from Hyde, staff should try to discover the reasons and record this in order to help identify any underlying problems with Hyde s stock, the Allocation & Lettings Policy or other processes being applied. 21 Appeals by Rejected Applicants 21.1 If an applicant disagrees with our decision to refuse their nomination they can make an appeal In the first instance the applicant should contact the officer who dealt with their application to discuss the reasons for our decision. Resident Services Allocations & Lettings Policy 11 of 13

12 21.3 If the applicant is still unhappy, they can appeal in writing within 10 working days of the decision to the appropriate regional manager. However, this will not hold-up the allocations process for the property under dispute If having received a response they are still not satisfied, the applicant will be entitled to make a complaint through Hyde s formal Complaints Procedure. A written response will be given within 10 working days of the complaint being received If the applicant s displeasure stems from a decision made by their local authority they should be signposted directly to the local authority concerned. 22 Affordable Rent Tenure Allocation of Homes 22.1 Hyde can offer Affordable Rent tenancies as part of a new supply agreement with the Home & Communities Agency (HCA) We will grant Affordable Rent tenancies when allocating new homes developed as part of the HCA development programme. We will also grant Affordable Rent tenancies to an identified proportion of our general needs re-lets Properties identified as Affordable Rent will be let on assured short-hold tenancies for a 5- year fixed term period Affordable Rent properties will be offered to the respective local authority under existing nominations agreements Agreements to withdraw and let properties outside such schemes will be sought where a nominee cannot be identified within agreed timescales or where the local authority gives general dispensation. 23 Publicising the Policy 23.1 The Allocations Policy will be publicised internally through management structures, the Allocations Continuous Improvement Group and Hyde s intranet HydeWide The Allocations Policy will be publicised externally in a number of ways including: Residents Handbook Leaflets Residents Newsletter Resident Website Policy Briefings and Training Related Documents Document Connected policies and procedures: Link Void-to-Let Policy & Procedure Starter Tenancy Policy & Procedure Mutual Exchange Policy & Procedure Sex Offenders & Dangerous Offenders Policy & Procedure Version History Resident Services Allocations & Lettings Policy 12 of 13

13 Version no Effective date: July 2013 Full/partial review? Brief summary of changes: Partial review to clarify our position on offering tenancies to applicants with limited leave to remain (Section 16). N/a Staff consultation (teams): Resident consultation: Signed-off by: Allocations & Lettings CIG, Welfare Benefit Project Group HRV Policy and Performance Sub Group OMT, Allocations & Lettings CIG Date of sign-off: October 2012 Author: Policy owned by: Karen Birch, Policy & Compliance Advisor Allocations & Lettings CIG Version no Effective date: October 2012 Full/partial review? Brief summary of changes: Partial review to amend Section 8 Appropriate Property and Household Size to reflect new size criteria in the social housing sector set-out in the Welfare Reform Act (Reduction in HB payments for under-occupiers) N/a Staff consultation (teams): Resident consultation: Signed-off by: Allocations & Lettings CIG, Welfare Benefit Project Group HRV Policy and Performance Sub Group OMT, Allocations & Lettings CIG Date of sign-off: October 2012 Author: Policy owned by: Karen Birch, Policy & Compliance Advisor Allocations & Lettings CIG Resident Services Allocations & Lettings Policy 13 of 13