APPENDIX 1. London Borough of Ealing Housing Allocations Scheme. March 2008

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1 APPENDIX 1 London Borough of Ealing Housing Allocations Scheme March 2008 General Introduction and Statement about Discretion... 5 Introduction... 5 Band A Priority Group

2 People occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions... 6 Part X - Definition of Overcrowding... 6 Band B (Second Priority Band)... 7 Band A and Band B Customers... 7 Band C Homeseeker (H)... 8 Band C Tenant Seeking a Transfer (T)... 8 Main Transfer Applicant eligible to register... 8 Direct offers... 8 Additional Preference Group (emergency re-housing)... 8 Harassment grounds... 8 Medical grounds... 9 Social/welfare need grounds... 9 Under-occupation Transfers Cash Incentive Scheme Decants Fostering and Adoption Scheme Leaving Care Scheme Quota Hostel Move-On Quota Mobility-In Community Care Nominations Property allocation Choice Based Lettings or direct offer The Choice based lettings process Advertisements Bidding Procedure following close of bids Allocations to applicants in the Tenant Seeking a Transfer (T) category Golden Transfer Who will be prioritized in the bidding process.... Error! Bookmark not defined. Miscellaneous Re-housing outside normal policy where there are exceptional circumstances -delegated authority Residential caretakers Local Lettings Schemes Who qualifies for rehousing Who can register on the Allocation Scheme? Local Connection Rules Homeless households placed in Ealing by other local authorities Housing association tenants Owner-occupiers Applicants who owe the Council money Right to Buy & Transfers Creation of Joint Tenancies Unacceptable behaviour Discretionary Succession/Assignment Offer Assignment Discretionary re-housing Un-authorised Occupants Re-housing of Unauthorised Occupants Size of bedrooms to be offered Space standards

3 Area of Room Number of Persons Type of property Offers of housing association property VISITS & INVESTIGATIONS Who gets visited Interpretation/translation facilities Household membership Relationship breakdown Children currently in care Carers Prisoners Squatters Withdrawal of offers Joint tenancies COMPENSATION PAYMENTS AVAILABLE ON REHOUSING Introduction Home Loss Payments - permanent re-housing Disturbance payments - permanent re-housing Removal expenses DEFINITIONS Home Loss Payment Disturbance Payment Medical assessments Introduction Award of medical priority Restrictions on property type requirements Separate bedroom entitlement The assessment procedure Re-assessment Referrals to other agencies ALTERNATIVE HOUSING OPTIONS Introduction Mutual exchanges (assignment of tenancy) The Capital Moves Scheme Relets Proportion of re-lets in the scheme Type of re-lets in the scheme Selection of re-lets Exclusions Equalisation of re-lets Applications and prioritisation Banding Mapping applicants to Capital Moves bands Eligibility of applicants for Capital Moves Advertising and bidding for properties Where and how properties will advertised

4 Advertising cycle Bidding Letting properties Prioritising bids Responding to information requests Allocating properties STATUTORY RIGHT OF REVIEW Introduction Request for a review The review The role of the reviewing officer PAYMENTS FOR MISSED APPOINTMENTS Background Definition of a Missed Appointment

5 General Introduction and Statement about Discretion Introduction This Allocation Policy document sets out in detail the Council s general policies relating to the allocation of affordable housing and the procedures and processes used by officers to implement those policies. To ensure fairness, the policies described in the document are applied consistently. The individual circumstances of each applicant are considered in every case using the information provided by the applicant on their Housing Registration Form and subsequently upon any requests for additional information that may result from the answers that the applicant gives. The policy allows for any provision to be considered and waived in exceptional circumstances and at the discretion of the appropriate senior officer with delegated authority (as stated in the Department s Scheme of Delegations). This would always require a full report of the circumstances of the individual case to be prepared by a senior housing officer for the consideration of the delegated officer (currently the Head of Housing Choice and Resettlement). The Housing Allocations scheme brings together the Council s policies on the allocation of housing for all those who have applied and are eligible for housing assistance under Part VI of the Housing Act It is intended that the Housing Allocations scheme will be reviewed annually, to incorporate policy changes, as well as to reflect any feedback on the content or format of the document. The Housing Allocation scheme shows how the Council determines priorities between housing customers. The Council is faced with a substantial demand for and an insufficient supply of housing within Ealing. Therefore, the implementation of the Housing Allocations scheme has to depend on the availability of accommodation. For the purposes of the choice-based lettings scheme, applications are placed broadly in one of three applicant groups by the Allocations Officer, based on information supplied by the applicant on the registration form: Band A Priority Group This group contains those applicants (both Council tenants wanting to transfer and general housing applicants) whose circumstances are such that they fulfill more than one of the reasonable preference (RP) criteria defined in s167 Housing Act Cash Incentive Scheme (Under Occupiers) People for whom the London Borough of Ealing has accepted a statutory duty to re-house as homeless and member of the household awarded extra medical or welfare priority or the lease on their temporary Private Sector Leased property is coming to an end. Any additional member of the household awarded extra medical or social welfare priority/hardship Management Golden Transfers 5

6 Emergency Transfer Certain people occupying unsanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions (usually limited to statutorily overcrowded households.) (see below) Decants/major works. Where the scheduled date of commencement of the works is less than 12 months away People who need to move on severe medical or welfare grounds (called Category A medical priority) Ex service tenants People occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions The priority group for this category will apply to both our own tenants and others. The most extreme cases will get the highest priority. The Housing Act 2004 Part I provides a new system for assessing housing conditions and enforcing housing standards, called the Housing Health and Safety Rating System (HHSRS). However, the test of overcrowding for this priority group will be the definition set out in the Housing Act 1985 Part X. Part X - Definition of Overcrowding A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene. (a) the standard specified in section 325 (the room standard), or (b) the standard specified in section 326 (the space standard). The room standard is contravened when the number of persons sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as husband and wife must sleep in the same room. For this purpose: (a) children under the age of ten shall be left out of account, and (b) a room is available as sleeping accommodation if it is of a type normally used in the locality as a bedroom or as a living room. The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation. For this purpose: (a) no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit,and 6

7 (b) a room is available as sleeping accommodation if it is of a type normally used In the locality either as a living room or as a bedroom. The permitted number of persons in relation to a dwelling is whichever is the less of: (a) the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and (b) the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1. No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet. TABLE I Number of rooms Number of persons ½ 5 or more 2 for each room TABLE II Floor area of room Number of persons 110 sq. ft. or more 2 90 sq. ft. or more but less than 110 sq. ft. 1½ 70 sq. ft. or more but less than 90 sq. ft sq. ft. or more but less than 70 sq. ft. ½ Band B (Second Priority Band) Homeless households within the meaning of Part VII of the 1996 Housing Act Homeless households owed a duty under section 190(2), 193(2) or 195(2) Housing Act 1996 (or section 65(2) or 68(2) of the 1985 Housing Act) or who are occupying accommodation secured under s193(3). Overcrowded households or those occupying insanitary housing or otherwise living in unsatisfactory housing conditions, where they do not fall within band A Households who need to move on moderate medical or welfare grounds (including grounds relating to disability, where they do not fall within band A Households who need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others) Mobility Schemes. Foster Carers Quota and other approved Quota cases Band A and Band B Customers 7

8 Once bids have been submitted by customers and where applicants have equal priority band status, the customer with multiple health awards will take priority except where they are cash incentive applicants (under-occupier) or Golden Transfer customers in which case the applicant giving up the larger property will be offered the tenancy. If applicants are still equal, the customer in the priority group lacking the most bedrooms will be offered the property. If applicants are still equal, the applicant with the earlier date in that priority band will be offered the tenancy. If applicants are still equal, the applicant with the earlier date of registration will be offered the property. In the event of a dispute, the Council has the ultimate discretion to decide to whom an offer should be made. Band C Homeseeker (H) This group contains those applicants (not including Ealing Council tenants applying for a transfer) who do not fulfill any of the Reasonable Preference criteria. Band C Tenant Seeking a Transfer (T) This group contains Ealing Council tenants who are applying for a transfer who do not fulfill any of the Reasonable Preference criteria. Main Transfer Applicant eligible to register Any tenant/joint tenant of the London Borough of Ealing. Separate applications from both joint tenants will each be considered on its own merits. Any joint tenant who excludes the other joint tenant from their application will be required to resolve any issues concerning the tenancy before the application is accepted. Direct offers Additionally, and after appropriate assessment, some applicants within these groups may receive direct offers of accommodation. These direct offer groups are: Additional Preference (Emergency Re-housing) Under-occupation Transfers Decants Special Schemes Additional Preference Group (emergency re-housing) This group contains applicants with exceptional circumstances and who need to move urgently on harassment, medical or social/welfare grounds. Harassment grounds Transfer Applicants with an assessed emergency re-housing need on harassment grounds are, in the case of Ealing Homes tenants, referred to the Choice and Resettlement Team by Ealing Homes and are authorised by the Head of Housing Choice and Resettlement. In the case of other applicants, such cases are referred by the 8

9 Homelessness Team and are authorised by the Homelessness Manager. These referral agencies have their own procedures for determining and agreeing emergency rehousing status, but this would normally involve people who would be in serious danger by remaining at their current address and where perpetrator action has either been unsuccessful or considered to be inappropriate. Medical grounds Applicants who have been assessed by the Housing Department s Medical Assessment Advisor (MAA) as having a medical condition that is so severe that it would be impossible to expect them to live in their current homes. Please note the Housing Department s Medical Assessment Advisor makes recommendations to the London Borough of Ealing on the outcome of his/her medical considerations. It is the London Borough of Ealing that decides the relevant priority for each case and not the Medical Assessment Advisor. Social/welfare need grounds Emergency re-housing status on social/welfare grounds is authorised by a joint Housing/Adult Services panel, containing senior officers from both departments. The panel considers referrals from social workers, amongst others, and the Adult/Children Services Department has their own procedures for referrals to the panel. The criteria (one or more must apply) for emergency awards in this category are: Likelihood of admission to residential care of a family member if re-housing is not made. Likelihood of a child being accommodated by the local authority if re-housing is not made. Discharge from hospital or residential care is required and is prevented by the housing situation. A child experiencing abuse needs to be moved away from the perpetrator. The applicant, or member of their household, is at serious risk of harm either to themselves or to other people in their present accommodation. In addition, the following conditions also have to be met in part: The applicant is receiving significant support from the Adult/Childrens Services Department. The applicant has severe financial hardship The applicant s wellbeing is seriously affected by their housing situation. The applicant cannot reasonably be expected to find accommodation for him or herself. The Social Welfare Panel will consist of the following Managers of the Regeneration and Housing Department: Homelessness Manager, Head of Housing Choice and Resettlement, and the Temporary Accommodation Manager, and a representative from the Adult and Childrens Services sections of the Council. 9

10 Under-occupation Transfers Cash Incentive Scheme The aim of the Under-Occupation Cash Incentive Scheme is to free up under-occupied family sized accommodation, to make available homes that could be converted for better use or used generally to meet the needs of priority needs groups. Under-occupier Cash Incentive Scheme are payable to the London Borough of Ealing tenants re-housed by the Council either within its own stock or via nomination to a Registered Social Landlords or other Local Authority. The London Borough of Ealing does not pay Cash Incentive Grants to Registered Social Landlord tenants. However, some Registered Social Landlords have their own schemes. These are transfers for council tenants who are occupying accommodation larger than their needs and are willing to move to smaller accommodation. Under-occupation transfers are entitled to have free choice of area and property type in respect of these offers. Under-occupation transfers have priority over all other cases (except emergency Re-housing cases). Those tenants vacating 3 or 4-bedroom or larger accommodation have priority over other council interest under-occupation cases. Cash Incentive Grants are payable to tenants under-occupying a three bedroom property or larger who move to a smaller property. Please note Under-Occupation Cash Incentive payments are not paid to mutually exchange customers or un-authorised occupants who have to move to smaller accommodation. Decants The decant group includes those where a household must be re-housed as a result of Council action, such as major repairs, demolition, rehabilitation or improvement works or Environmental Health enforcement action. Re-housing may be either on a permanent or temporary basis. Council tenants made homeless as a result of fire or flood are also dealt with as an emergency decant. Decants are prioritised by date order in which re-housing is required. Fostering and Adoption Scheme The Regeneration and Housing Department gives assistance to the Children s Services Department by providing a small quota of three and four bedroom units to enable families to foster children on a short-term basis, thereby overcoming the need to place children in residential care. Leaving Care Scheme Quota 10

11 The Regeneration and Housing Department gives assistance to the Children s Services Department by providing a quota of units for young adults who are either leaving longterm care, be that a residential or foster home environment, or any other child for whom the Local Authority has a responsibility under the Children Act These are mainly studio or one-bedroom units, but a small quota of 2 bed units is available for sibling sharers and young parents. The aim of the scheme is to provide independent living for vulnerable teenagers. There will be 60 properties provided each calendar year through the Leaving Care scheme with 57 of these units being targeted at studio or 1 bedroom accommodation and the three remaining properties being allocated to 2 bedroom needs. Hostel Move-On Quota A quota of 1-bed units is given to various organisations that provide hostel accommodation for single homeless people in the London Borough of Ealing that have a move-on requirement. Hostel residents may be nominated under this scheme by these organizations where the applicant is in need of settled accommodation and unable to secure it for themselves. If this does not apply, they cannot be accepted through the Hostel Move-On Scheme, but are advised to register on the housing list in the normal way. Applicants will be allowed a three-month period to exercise choice through the Choice Based bidding framework. If the applicant has not obtained accommodation within this period the Housing Choice and Resettlement Team will then make one direct offer to the applicant of a suitable and reasonable accommodation. Mobility-In The London Borough of Ealing will participate in the Capital Moves Mobility Scheme, which helps households who need to move to Ealing from other local authority areas, for example on employment or social grounds. Community Care Nominations Section 21 of the National Assistance Act 1948 places a duty on the council to provide residential accommodation to clients in need of care and attention which is not otherwise available to them. An assessment of need is made by Social Services Department under NHSCCA 1990 if the care package drawn up by social services as a result of this assessment cannot be met otherwise than through the provision of residential accommodation then care managers may nominate applicants. Non exhaustive examples of where this is likely to occur Move on from supported housing / residential care/residential treatment is needed or A client is living with relatives and need independent housing or 11

12 A client needs to be housed with a carer Therefore this provision will apply to the small number of client s where a care package cannot be provided other than through the provision of accommodation. Up to two offers will be made according to date of referral (earliest first) except in extenuating circumstances when the Adult and Childrens Services authorising officer should have discretion to request that a particular case be expedited. Property allocation Choice Based Lettings or direct offer It is expected that the majority of properties will be let through Choice Based Lettings through advertisements in the Locata Choice Homes magazine/website. However, even if a property has been advertised it may be withdrawn before the end of the bidding cycle in exceptional circumstances. Some properties advertised, because of their special characteristics, may be restricted to bids from clients above a minimum age (such as sheltered housing, or housing in blocks or individual units that have been specially identified for older applicants) or to clients who have special needs (such as wheelchair accessible housing). The Choice based lettings process Advertisements Properties identified for Choice Based Lettings are advertised every Friday in the Choice Homes magazine and on the dedicated website. Adverts provide property, location, landlord, rent and other relevant details to provide information to applicants. There is also, in most cases, a photograph of the property/block. The magazine is distributed to all public buildings and libraries. Where an applicant is housebound, or lives outside Ealing, the magazine can be posted on request, with the relevant charge being applied. The property adverts also indicate which categories of applicant may bid for the properties. Bidding Applicants may bid (apply) for up to three properties in every weekly cycle. Bids are made either by calling the bidding hotline number, text, coupon, or by using the website. When bidding, applicants need to have to hand their housing registration number, the date of birth of the lead housing applicant, and the reference numbers of the properties they are applying for. This information will need to be entered when an applicant makes a bid. Once a bid has been placed, the system will check that the applicant is eligible to bid and that the properties they are bidding for are appropriate to their circumstances. The system will also inform the applicant of their position in the queue, at the time the bid is placed, for that particular property. Queue positions will change as other bids are placed, so the system allows applicants to subsequently transfer their bids to other properties. Bids are accepted from the Friday of publication of the property adverts through to 2.00pm on the following Wednesday. 12

13 Procedure following close of bids Once bids have been submitted by customers and where applicants have equal priority band status, the customer with multiple health awards will take priority except where they are cash incentive applicants (under-occupier) or Golden Transfer customers in which case the applicant giving up the larger property will be offered the tenancy. If applicants are still equal, the customer in the priority group lacking the most bedrooms will be offered the property. If applicants are still equal, the applicant with the earlier date in that priority band will be offered the tenancy. If applicants are still equal, the applicant with the earlier date of registration will be offered the property. In the event of a dispute, the Council has the ultimate discretion to decide to whom an offer should be made. Allocations to applicants in the Tenant Seeking a Transfer (T) category Golden Transfer Eligible applicants in the Tenant Seeking a Transfer (T) category may bid for all advertised properties in order to allow some tenants to move to alternative properties of the same bedroom size or larger bedroom size. As an initial pilot, 10% of the available housing supply in 2008/09 will be allocated to this category. To qualify for a Golden Transfer customers must have had a clear rent account for the previous 12 months prior to being re-housed and have had no breach of their tenancy agreement in the previous two-years prior to being re-housed. These Golden Transfer applicants who would be existing tenants who have demonstrated that they are model tenants by complying with the terms of the tenancy agreement for a specified period of time. Such applicants do not need to be classified as a reasonable preference group customer or have complex/multiple housing needs. Therefore, Band A, B or C customers of the Housing Allocations scheme can be considered as part of the Golden Transfer scheme for a move as Ealing wishes to have a scheme, which rewards good tenants who want the opportunity to seek a transfer. Miscellaneous Re-housing outside normal policy where there are exceptional circumstances - delegated authority The Head of Housing Choice and Resettlement Needs will have delegated authority from the Council to agree re-housing outside policy in exceptional circumstances. This will normally apply where there are special cases not covered by normal allocation rules, which warrant special priority. For example, additional priority to ensure a speedier offer may be requested. Where a delegated decision is requested, the relevant Area Housing Office/Housing Advice Service/Homelessness will prepare a report containing all of the relevant facts. The report will initially be checked and then endorsed by the relevant Area Housing Manager, Housing Advice Centre Manager or Homelessness Manager, who then refers 13

14 the report to the Head of Housing Choice and Resettlement. The Head of Housing Choice and Resettlement will make the final decision on this matter. Residential caretakers Residential caretakers, such as wardens in sheltered housing schemes and caretakers/door porters on estates, who are employed by the London Borough of Ealing, are given accommodation as a condition of their service. The property allocated will depend on household size, based on normal allocation criteria, up to the maximum bedroom size available. It will also be a flat or a maisonette (but not a house). Local Lettings Schemes From time to time the Council will engage in local lettings schemes. The objectives of theses schemes are: To encourage residents to develop lasting connections with the area and contribute to a sustainable community; To reduce overcrowding and tackle other housing needs in the local area Who qualifies for rehousing Who can register on the Allocation Scheme? Persons over 16 years of age and living in Ealing, or with a strong local connection with Ealing can normally be registered on the Housing Register. Customers must usually provide proof of residency documentation with their housing application form covering the past 5 years of their housing history. On the Housing Application form the customer must also identify their previous 10 years of residency history. Local Connection Rules People residing outside the administration boundaries of the London Borough of Ealing will be awarded a lower priority than residents of the London Borough of Ealing. Homeless households placed in Ealing by other local authorities A number of local authorities use temporary accommodation in Ealing for their homeless households. Applicants who in the opinion of the London Borough of Ealing are owed a duty under Part VII of the Housing Act 1996 by another local authority are entitled to register on the Council's Allocation Scheme, but they will not normally be considered for a housing allocation. Housing association tenants 14

15 Housing association tenants may apply and be considered for inclusion on the Housing Register in the same way as other applicants. They should, however, be encouraged to apply to their own landlords for inclusion on their transfer schemes, where appropriate. Owner-occupiers Unless exceptional circumstances apply, any applicants who own their homes, or own residential accommodation elsewhere, will not normally be considered for a housing allocation, although such applications will be registered on the Housing Register. The applicant is notified of this in writing and a copy retained on the file. Where an owneroccupier requests permanent re-housing from the Council, they will normally be referred to the Housing Advice Service who will offer practical advice about how to resolve their housing need. This may be, for example, by way of renovation grant/disability adaptations to enable them to remain in their current home, advice about alternative housing options in the private sector, or a referral to the Homelessness Team. Applicants who owe the Council money Applicants who have any property-related debts (such as rent arrears, council tax arrears or a housing benefit overpayment) to the Council, either relating to their existing home or a former home, are normally given less priority than other applicants when being considered for offers of accommodation, or when being considered for a nomination to a Registered Social Landlord for housing, until such time as they clear all debts owed. The decision about whether an applicant owes the Council money will normally be made as part of the visit/investigation process. Any council tenant who has breached the terms of a suspended possession order cannot be made an offer without the express approval of the Director of Housing. Right to Buy & Transfers Where a Council tenant has submitted a Right to Buy application, an offer of re-housing can only be made if the tenant has not accepted their Section 125 Offer Notice. Creation of Joint Tenancies The Council will consider an application for a joint tenancy by an existing secure tenant. Such a request must be referred to the Council with the following supporting information: Completed housing register form showing address history of the applicant; Proof of eligibility Residency for the applicant covering the last seven years in line with the housing register verification process; Proof of identity; Passport photographs Income and details of previous property ownership. In reaching a decision the London Borough of Ealing will also take into account rent account position, whether the applicant is eligible for an offer in line with the Council s policy and relationship between the two parties. Tenants will be expected to have 15

16 maintained a clear rent account in the three months prior to the request for the creation of a joint tenancy. Unacceptable behaviour Applicants may be excluded from registration on the Housing Register if, in the past, their behaviour as a tenant of the Council, or the behaviour of a member of their household, has not been acceptable and there are reasonable grounds to believe that the applicant will not, therefore, be a suitable future tenant. An example of this might be where an applicant was previously evicted from accommodation because of serious antisocial behaviour or rent arrears. Applicants in these circumstances may, however, sometimes be allowed to register on the Housing Register but are either given no preference in the allocation scheme, or given less preference than others when determining priority between applicants. The procedure and guidelines to be followed are given below. Discretionary Succession/Assignment Sometimes referred to as second succession, this policy applies when a Council tenant dies. The Housing Act 1985 (Sec 87) allows one statutory succession. This policy makes a further discretionary succession possible by the Council offering a new tenancy to an eligible applicant. To be eligible, the person applying to benefit from this policy must: be living with the tenant at time of his/her death and except for a spouse, have done so throughout the preceding twelve months and be a member of the tenant s family (as defined in section 113 of the Housing Act 1985) or same sex partner (applying the decision of the House of Lords in Mendoza v. Ghaidon (2002) which concerns same sex couples). The accommodation must be their only or principal home. Any use and occupation account set up following the death of the tenant must not be in arrears at the time of the offer or bid. Where there is more than one person living in the household who is eligible for a discretionary succession, the Council expects the household to decide who should benefit. Provided that person meets the criteria outlined here, the Council will generally respect this choice. However, the final decision regarding which household member should benefit rests with the Council. Offer If the second successor is a spouse, they will be entitled to remain in the original home. If the second successor is another person eligible under the discretionary succession policy, they may remain in the original home only if it is the size needed by their household under the bedroom standard. 16

17 These applicants may only include the following people as part of their household: Co-habiting partner including married, non-married and same sex partners Dependent children normally resident with the main applicant parent Adult relatives reasonably expected to reside with the main applicant, who moved in to the property at the same time as the second successor and who live in the property as their only and principal home. Customers will be made one direct offer of accommodation or will be able to bid for accommodation of the size needed, for a maximum of 6 months only, after which a direct offer will be made. Applicants accepted for Choice Based Lettings under this policy will be in the highest priority band. Assignment Discretionary re-housing The Housing Act 1985, Section 91 (3) (C) allows for a secure tenancy to be assigned in certain circumstances. In particular, a secure tenancy can be assigned to a person who could have succeeded to the tenancy if the tenant had died immediately before the assignment. In addition to the statutory right to assign, the Council exercises discretion on whether or not to permit a discretionary assignment by offering a tenancy to the applicant. Examples where we may consider discretionary assignment are: where a tenant has moved permanently to a residential nursing home or where a tenant intends to move back permanently to their country of origin. An assignment request will usually be refused if there will be under occupation of the property. In such circumstances, the person who would have been the assignee if an assignment had been possible will be made one direct offer of accommodation or will be able to bid for accommodation of the size needed, for a maximum of 6 months only, after which a direct offer will be made. The assignee may only include the following people on their application: Co-habiting partner including married, non-married and same sex partners Dependent children normally resident with the main applicant parent Adult relatives reasonably expected to reside with the main applicant, who moved in to the property at the same times as the assignee and who live in the property as their only and principal home. Under-occupation will not be a ground for refusing an assignment request from married partners of the existing tenant. 17

18 Where a statutory assignment is not permitted or is refused and the conditions set out below are satisfied, the person who satisfies the conditions will be entitled to be placed in the Discretionary Succession/Assignment priority group. The conditions are; that the person was living with the tenant at the time of his/her request for an assignment; and except for a spouse, has done so throughout the preceding 12 months; and is a member of the tenant s family as defined in section 113 of the Housing Act 1985 or same sex partner (applying the decision of the House of Lords in Mendoza v. Ghaidon (2002) which concerns same sex couples). but for the accommodation being larger than required an assignee would otherwise have qualified to take over the tenancy. As a member of that priority group they will be placed within the priority band (Band A) and will be able to bid for a property of the size needed for a maximum of six months, or/after which one discretionary offer of accommodation will be made. Spouses who qualify for a discretionary offer will not be required to move even if they are under-occupying but will be offered a tenancy of their current home. Un-authorised Occupants Unauthorised occupants for the purposes of this scheme are categories of persons set out in a), b) and c) below who were residing in the property at the time the previous tenancy ended. Any other unauthorised occupiers not falling within these categories must be referred to the Homeless Persons Unit and advised to seek independent housing advice. a) Persons not entitled to take over a tenancy from a secure tenant by succession following the death of the previous tenant. If following the death of the secure tenant, the unauthorised occupant appears to meet one or more of the criteria below, an officer from the Housing Choice and Resettlement Team will interview the applicant. where it is in the Council s interest to offer a tenancy, e.g. where the applicant is vulnerable or has dependent children or where to re-house into a smaller unit would release a large unit quickly gay partners of deceased tenants who would have qualified for succession if they had been heterosexual persons who would have qualified for succession had there not previously been a succession, are not in priority need but have been living with the deceased tenant continuously for 5 years or more, and former carers of deceased tenants. 18

19 b) Persons holding over following the termination of the tenancy by Notice to Quit, Surrender or other reasons, which meet the criteria set out below. Spouse, children or partners, including gay partners, who have resided in the property continuously for 5 years or more. c) Former Joint Tenants holding over In cases where a joint tenancy is due to end or has been ended e.g. where one party has served a Notice to Quit, and an application for continued accommodation is received from the ex-tenant left, or to be left, in occupation after the tenancy has ended, the Managing Agent will interview that ex-tenant. The officer will provide a report and a completed application form by the applicant to Housing Allocations for a decision. In reaching a decision as to whether an allocation will be made, account will be taken of the following: whether the remaining ex-tenant has dependent children whether the ex-tenant is vulnerable on medical or other grounds such as to be likely in priority need if they were homeless. whether they held the previous tenancy for 5 years or more. All applicants in categories a), b) and c) must complete an applications form which is referred by the Managing Agent to the Head of Housing Choice and Resettlement if the applicant appears to meet the criteria. The applicant is registered by the Housing Applications Officer, then may be invited for an interview and verification before being referred to the Manager to check eligibility. In reaching a decision the Manager will consider how they meet the criteria above including the age of the applicant, whether the applicant would likely be in priority need if they were homeless, and any other relevant consideration. Re-housing of Unauthorised Occupants If a decision is made that an allocation of housing should be made to the above members, the Head of Housing Choice and Resettlement will decide whether to grant the tenancy of the property occupied by the applicant or whether they should be placed in a band to bid for alternative accommodation in line with the guidelines below: Unauthorised occupants in priority need approved for move to studio or one bed or giving up 2 or more bedrooms will be placed in band A. Otherwise they will be placed in Band B. Homeseekers must be advised that they have 3 months from date of acceptance to exercise choice by bidding for appropriate properties. If they fail to secure accommodation within the given period they may be made one offer only in line with current policy. If this is refused possession proceedings will be commenced. 19

20 Size of bedrooms to be offered In determining the needs of a particular household regard must be given to the following: (i) (ii) (iii) (v) (vi) (vii) (viii) (ix) (x) A couple are entitled to a double bedroom (2 bed spaces) A single person may be offered a studio (bed-sit) or a one-bedroom property Single people who are, or have been HIV symptomatic or have an AIDS diagnosis, must not be offered a bed-sit. Single people who have overnight access to children must not be offered a bed-sit. Pregnant women will qualify for a bed space for their unborn child subject to the medical confirmation being provided. Adult siblings of the same sex and generation, who are children, grandchildren or nephew/nieces of the applicant are expected to share a bedroom regardless of age between years of age. Adults aged 21 years or more will have their own separate bedroom. Adult brothers, sisters and cousins of an applicant and same sex sibling applicants are entitled to their own separate bedroom. This means, for example, if two brothers apply for re-housing together they will be classed as a 2-bed need and are aged over 21 years of age. Non-sibling adults, other than partners, are entitled to a separate bedroom. Children of any generation, sibling or non-sibling, are expected to share a bedroom unless the children are of opposite sex and one of them is ten or older. For example, where a household consists of a child and nephew of the applicant, they will be expected to share a bedroom until either one reaches the age of 20 (same sex) or the age of 10 (different sex). Where a property has two living rooms, the second reception room is counted as an additional bedroom, providing the first living room is 110 square feet (10.22 square meters) or larger. It is also important to have regard to the number of people a property can accommodate. For example, a property consisting of one double and one single bedroom could not be allocated to a household with 2 children. The table below gives an indication of bedroom requirements by size of household. Bed-sit 1-bed 2-bed Single Person (not including pregnant woman) Single Person or Couple (not including pregnant woman) Parent/s + 1 child or Parent/s + 2 children of the same sex or 20

21 Parent/s + 2 children of opposite sex if both under 10 3-bed 4-bed Parent/s + 2 children of opposite sex where 1 is over 10 or Parent/s + 3 children or Parent/s + 4 children if: (a) all are of the same sex; (b) 2 of each sex; (c) 3 of same sex, 1 of different sex, and 1 of each sex are under 10 Parent/s + 3 children of same sex and 1 of different sex, where child of different sex is over 10 or Parent/s with 5 or more children. Three bedroom properties with 3 double bedrooms can only be offered to families with at least four children. There may be occasions where a household will be offered larger or smaller accommodation. These are: (a) Where an additional bedroom is required on medical grounds, as outlined in 11. (b) (c) (d) (e) Where a household is prepared to accept smaller accommodation. This may be, for example, where 4 brothers apply for re-housing together, but are prepared to forego their separate bedroom entitlement for an improved chance of an offer. Offers can only be made in these circumstances where the applicant agrees to this in writing and the overall permitted occupancy of the property, in terms of the re-housing standards outlined above, is not exceeded. Council Interest Under-occupation Transfers may opt to have an extra bedroom. Retiring Council Employee Special Scheme applicants who require 1 or 2- bedroom accommodation may be entitled to an extra bedroom depending on their length of service (see Section 2.7.4). Occasionally, there may be no priority need cases on the 4-bed and 5-bedroom access queues due to the space standards of the property. Where this occurs, allocations can be made to applicants providing this does not result in underoccupation of the property. In these cases, the allocating officer will match the personage of the household with the personage of the property. For example, a 4-bedroom 6-person property, in the absence of priority cases on the 4-bed list, could be offered to a household on one of the 3-bedroom priority lists that consisted of 6 persons, i.e. parent(s) and 4 children. Space standards 21

22 Allocations are based on the number of bedrooms there are in the vacant property. The following space standards are used to measure the inadequacy of an offer in terms of size. In measuring space standards, children under 8 are only counted as ½ a person. Area of Room Number of Persons 110 square feet/10.22 square meters or more 2 90 square feet/8.36 square meters or more but less than 110 square feet/10.22 square meters 1½ 70 square feet/6.5 square meters or more but less than 90 square feet/8.36 square meters 1 50 square feet/4.65 square meters or more but less than 70 square feet/6.5 square meters ½ Less than 50 square feet/4.65 square meters 0 Individual room measurements are not required when making an offer to any particular household. However, it is assumed that these standards will not be breached. Where a household has a member with mobility difficulties or a wheelchair user there may be additional space requirements to meet their needs. This will be considered on the advice of the Occupational Therapists Adult Services as part of the accompanied viewing procedure. Type of property Most applicants do not have any choice of property type. However, in determining the needs of a particular household regard must be given to the following: 1. Under-occupation Transfers may limit the property types they are willing to accept; 2. Any medical recommendations made declared by the applicant, which the Independent Medical Advisor assesses before an offer is made; and 3. The Head of Housing Choice and Resettlement (under delegated authority) may agree to property type restrictions/requirements as a result of exceptional circumstances not covered by Council policy. 4. Families with children under the age of 15 will not be offered accommodation that is above the 2 nd Floor in developments that contain flats or similar dwellings. However, if a customer chooses to bid for such accommodation through the Choice based lettings scheme, then such accommodation can be offered to these customers. 5. No direct offers of family accommodation will be made to families with children below the age of 15 intro properties above the 2 nd floor in developments that contain flats or similar dwellings. Offers of housing association property 22

23 The Council has nomination rights to housing associations operating in Ealing (and occasionally outside Ealing). Applicants cannot choose to be specifically allocated a housing association or London Borough of Ealing property. VISITS & INVESTIGATIONS Who gets visited All Housing Register applicants are subject to a visit and/or other appropriate investigations as to an applicant s eligibility for housing, by an Applications Officer prior to receiving an offer. Homeless applicants as assessed under Part VII, are exempt from the visits procedure, as in-depth checks on their housing circumstances are carried out at point of homeless application. The purpose of a visit is to check that all information relating to the applicant s housing application is properly recorded, that their housing need has been correctly assessed, and that they are a Qualifying Person and otherwise eligible for an offer. Interpretation/translation facilities Where a language need is identified, from whatever source, all written material given to an applicant must be translated into the relevant language. This will be given together with a copy of the English version. Any translation requirements should be entered on the applicant's Open Housing computer records. An interpreter must be arranged for any subsequent interviews with the applicant. In addition, where it becomes apparent during the course of an interview that an applicant has language difficulties, the Applications Officer must ask them if they want an interpreter to be present and make a record on the file note of the applicant s request. The Applications Officer will then arrange for an interpreter to be present, which may be a colleague who is fluent in the language, or arranged through Language Line. Whenever an interpreter is present, a note of their name and relationship to the applicant should be noted on the interview notes. Household membership An applicant can include any family household member on their housing application providing it is reasonable to expect them to reside with the applicant on a permanent basis. Household members may already be living with the applicant or they may be living elsewhere. Where deemed necessary, the Applications Team may request proof from the applicant in order to determine that it is reasonable for household members to be included as part of the application. A common example would be the proof of custody for children following relationship breakdown. The Applications Team can accept people as members of the applicant's household regardless of any decisions made by the appropriate Area Housing Team to include them as part of the tenancy. For example, the Area Housing Team may not want to formally add new members to the existing tenancy where overcrowding has occurred. There is no time limit by which new household members must first live with the applicant before being recognised as part of the housing application. Proof of residency is not requested from the applicant at registration stage. However, full residency checks for each household member included in the re-housing 23