Circle Housing Wherry

Circle Housing Wherry Allocations Policy Circle Housing Wherry offers greater opportunities for independent, affordable and secure living to people in housing need. 1 Scope 1.1 This policy applies to the letting of general needs properties managed by Circle Housing Wherry only. 1.2 Our partners, Centra Living and Centra Care and Support, offer the following additional housing options for residents who wish to move, providing a range of opportunities to meet aspirations and needs throughout their lives: Shared ownership Market Rent Home Buy Key-Worker Right to Buy/Right to Acquire. Sheltered Housing Supported Housing Housing with Care 1.3 These options are all subject to different eligibility criteria, policies and procedures. 2 Policy 2.1 Our aim is to provide a flexible, efficient and effective lettings service, which makes the best use of stock and meets the needs of our customers, our partners and the communities we serve. We will achieve this through: A clear and transparent Lettings Policy Giving residents a choice of where they live within the areas in which Circle Housing Wherry operates, by utilising local authority choice based lettings schemes. Circle Housing Wherry Lettings Policy: September 2014 Page 1 of 21

Helping residents to understand what they can expect from our lettings service through our Moving Home Guide, published service standards, newsletters and Resident Review Providing equal access to services, taking into account the diversity of our customers, including age, ethnicity, disability, gender and gender reassignment, sexual orientation, religion or belief Providing a flexible, responsive lettings service to meet the housing needs of our existing and potential customers in partnership with local authorities and other statutory and voluntary agencies 3 Our Approach 3.1 Circle Housing Wherry operates in several local authority areas, many of which have 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 and local letting plans. 3.2 We believe that communities are far more likely to prosper and be sustainable when residents have chosen to live there. Circle Housing Wherry has, therefore, embraced choice based lettings (CBL) systems where they are in operation and will work in partnership with local authorities in operating and developing such schemes as these provide: Greater choice for our existing and potential residents; and, Better value for money for our residents and the organisation 3.3 We will actively promote alternative options available to residents; for example, mutual exchanges. We will do this through House Exchange (Circle s mutual exchange scheme) and other national and local options. 3.4 We will 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, and to provide this support in-house where doing so provides the best Value for Money. 4 Appropriate Property and Household Size 4.1 As the demand for social housing exceeds supply, we will maximise the use of available accommodation by fully occupying our homes but not creating overcrowding. We therefore set an Appropriate Property Size, which is the normal sized property the household will be allocated. Circle Housing Wherry Lettings Policy: September 2014 Page 2 of 21

4.2 Circle Housing Wherry recognises that there are differences between the way that registered providers and local authorities define appropriate property and household sizes. It is the aim of Circle Housing Wherry to work with local authorities to overcome these differences whilst striving to achieve the highest standards for our residents. 4.3 To ensure consistency we will use the guidelines below to determine the appropriate size of accommodation for housing applicants. These guidelines are based upon the Government s Local Housing Allowance (LHA) rates, in anticipation of this assessment being extended to housing benefit claimants in April 2013. One bedroom is allowed for: Each adult couple Any other adult aged sixteen or over (including full-time permanent carers required for the tenant or an existing member of their household) Any two children under ten Any two children of the same sex aged under sixteen Any other child 4.4 Circle Housing Wherry will not normally take into account unborn children or people joining the household at a later date when determining Appropriate Property Size. Exceptions may be made for household members coming out of social services care, coming from abroad, from the Armed Services or for fostering/adoption purposes. We may also factor in an unborn child or person soon to join the household when making a decision about the suitability of a property if this will become over-occupied upon the birth of the child or increase in household size/ 4.5 Where two applicants have access/staying contact with children, the children will only be counted on one application (this will normally be the household where the child or children spend the majority of their time). Access arrangements and agreements between parties or made by the courts will need to be evidenced. 5 Exceptions 5.1 Exceptions may be made: By preference under choice based lettings system (for example, underoccupiers who wish to downsize to a smaller property, but one which still exceeds their specific needs) Under local lettings plans (see below) By agreement with the local authority Where there is low demand (see below) Circle Housing Wherry Lettings Policy: September 2014 Page 3 of 21

To help Circle Housing Wherry deliver its housing management function. 6 Definition of Bedroom Size 6.1 Circle Housing Wherry uses the following guideline (based on the Housing Act 1985 Part X Clause 326 (3)(b)) when allocating a home: 7 Local Letting Plans A double bedroom must have a minimum floor area of 10 square metres A single bedroom must have a minimum floor area of 6.5 square metres. 7.1 In order to achieve balanced and sustainable communities, we will work in partnership with local authorities to develop local lettings plans - particularly for new and mixed tenure developments. We may also work with residents from existing communities to develop local lettings plans. 7.2 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. 8 Lettings to Persons under the age of 18 8.1 Prospective tenants under the age of eighteen will be offered an agreement for tenancy to grant a tenancy to the minor following their eighteenth birthday. A guarantor over the age of eighteen who is not a representative of the landlord will be required usually a family member, a guardian or a social services representative. 8.2 Where minors are referred for housing, we will request details of the ongoing support that the local authority is due to provide. We will request the contact details of the social services representative who is involved with the case. Housing providers will work closely with local authority representatives and in-house care and support providers to ensure minors receive the care and support they need (See Circle s Minors Policy). 9 Starter Tenancies 9.1 Starter Tenancies can be used as part of a comprehensive strategy for dealing with nuisance and anti-social behaviour. 9.2 The consent and co-operation of the local authority in the scheme s area of operation must be obtained. Starter Tenancies may operate in conjunction with a community lettings plan, which again will be agreed with the local authority. 9.3 Starter Tenancies are in use across all local authority areas in which Circle Housing Wherry operates. 9.4 All new tenancies granted (except those situations described in section 10) will be in the form of a Pre Fixed Term Starter Tenancy. If all the conditions of a tenancy are met in the Circle Housing Wherry Lettings Policy: September 2014 Page 4 of 21

first twelve months, we will grant a tenancy for a fixed term. (See both, Circle s Starter Tenancy and Tenancy Policy). 10 Fixed Term Tenancies 10.1 The majority of new tenancies will be let on a Fixed Term following a Starter Tenancy. Existing tenants transferring within Circle Stock, will retain their security of tenure. Applicants who (immediately prior to being rehoused) hold a lifetime (i.e. Secure or Assured) tenancy with another social landlord will also be offered an Assured tenancy provided: a) the home being offered is exempt from affordable rent and, b) they are currently charged a social rent by their present landlord. 11 Family Intervention Tenancies 11.1 If a new tenant has been involved in acts of anti-social behaviour serious enough to have warranted the award of a possession order at a previous property, we may offer them a Family Intervention Tenancy. Family Intervention Tenancies must be supported by a Behaviour Support Agreement, which will set out the required behaviour, the support available and the consequences of the terms not being complied with. Family Intervention Tenancies normally last between six months and one year, after which time we may grant a Starter Tenancy. 12 Homelessness and Section 209 (non-assured tenancies) 12.1 We work with our local authority partners to support and assist their responsibility to relieve homelessness, subject to the terms of this Policy. 12.2 In order to assist local authorities with their homelessness duty, we may agree to offer a S209 tenancy to applicants who have presented as homeless, but the local authority has yet to make a decision on their application. 12.3 S209 tenancies are temporary in nature and may be terminated at the request of the local authority or at Circle Housing Wherry s discretion, but in either case only with the authority of the Head of Housing or Assistant Director of Income and Neighbourhoods. 13 Lettings to Employees/ Board Members and their Relatives 13.1 Circle Housing Wherry seeks to operate with the highest standard of integrity and comply with regulatory requirements. 13.2 Board members, employees and close relatives are entitled to join local authority housing registers, and any applications for housing received via nominations from local authorities will be considered in line with the Lettings Policy. However, on their application or pretenancy risk assessment, they must declare an interest and disclose their status. 13.3 Any relevant lettings will need to be approved in accordance with Circle s Probity Policy. Circle Housing Wherry Lettings Policy: September 2014 Page 5 of 21

14 Housing Sex Offenders 14.1 The former Housing Corporation regulations required that registered providers give reasonable assistance to local authorities in the re housing and rehabilitation of sex offenders. 14.2 High-risk offenders subject to a multi-agency public protection arrangement (MAPPA) have to register with the local police who will carry out a risk assessment. 14.3 Local authorities will then be able to confirm that they have investigated the risks associated with re-housing the applicant, and demonstrate that the home and area is suitable before a nomination is made. In addition the local authority will need to provide: A detailed risk assessment and details of a support and/or supervision package together with any monitoring arrangements Contact details of members of the inter-agency risk management panel including the police, for easy access should a problem arise during the tenancy 14.4 Circle Housing Wherry reserves the right to reject nominations if it considers that their support needs make them unsuitable for the home being offered to them. 14.5 This is a sensitive area and one that generates a lot of media attention and public concern. Circle Housing Wherry will balance the housing rights of the offender with public concerns and the safety of the local community. 15 Adapted Properties 15.1 To ensure best use of stock, properties that have been specially adapted for use by those with mobility needs will, wherever possible, be allocated to a household that contains a person or persons with a relevant mobility or support need. Adverts via CBL scheme and nomination requests to local authorities will clearly stipulate the degree of adaptation, and that priority will be given to applicants with relevant mobility needs. We will also work with occupational therapists to identify potential applicants for adapted properties, but if we are unable to let the property to a person with a relevant disability or need, the property will be made available to other referral sources or applicants. 15.2 Adapted units offered to nominees without mobility needs will be done so on the basis that the adaptations will remain in place for the duration of their tenancy. This will be explained to the nominee during the viewing. 16 Overcrowding and Under-Occupation 16.1 The Housing Act 1985 Section 10 sets out the definition of overcrowding. A standard number of bedrooms is calculated for each household in accordance with its age/gender/marital status composition and the relationship of the household members to one another. Circle Housing Wherry Lettings Policy: September 2014 Page 6 of 21

16.2 Under-occupation can best be described as a property that has one or more bedrooms not in regular use as bedroom. 16.3 Circle Housing Wherry believes that tackling over-crowding and under-occupation is a key factor in assisting to improve the Life Chances of potential and existing tenants. If a home is overcrowded, it can affect health and educational attainment and impact negatively on Life Chances; targeting under-occupiers remains an effective way of freeing up larger properties for overcrowded households. 16.4 We will therefore aim to let all properties to ensure best use of stock. We will never knowingly let a property to any applicant where we are aware that over-crowding (as defined by our Appropriate Property and Household Size guidelines) would occur from the beginning of the tenancy. 16.5 We will work in partnership with local authorities to minimise and alleviate overcrowding and under-occupation, and we may let properties on an under-occupation basis in local lettings plans to enable families to grow into the property and contribute to the sustainability of their tenancy and the neighbourhood in which they live. 16.6 Where we identify under-occupation we will encourage the resident to move to a smaller property and may offer financial and other incentives in line with Circle Housing Wherry s Room to Move scheme. 16.7 We will work with local authorities to prioritise over-crowding and under-occupation transfer applications appropriately. 16.8 We will identify under-occupation using tenant profiling information and will target initiatives such as tenancy health-checks to help raise awareness of options available to under-occupying households 17 Referral Sources 17.1 When a property becomes vacant, it may be let to either a: Local Authority Nominee 17.2 As a registered provider of social housing, we have a duty to assist local authorities in the areas where we operate by offering a percentage of our available homes to people nominated by the local authority. 17.3 Circle Housing Wherry believes that, wherever possible, customers should be able to influence and exercise choice in where they live. We support the operation of CBL schemes and the partnership working with local authorities that underpins this. We offer 100% of our vacant properties for allocation to local authorities operating CBL schemes. 17.4 On most new build developments, local authorities have 100% nomination rights depending on the individual scheme and agreement with the local authority. Circle Housing Wherry Lettings Policy: September 2014 Page 7 of 21

Decanting Tenant 17.5 Circle Housing Wherry tenants who are being re-housed because they have had to move from their previous homes to enable us to carry out major repairs, improvement or redevelopment work, or because the property is to be demolished or sold. Transferring Tenant 17.6 Circle Housing Wherry tenants whose homes are no longer suitable for their needs and who need or wish to move to an alternative property or area must register on the appropriate CBL scheme. Circle Housing Wherry does not operate its own transfer list. Once applicants have been accepted onto the CBL scheme, they can bid for suitable alternative properties. 17.7 In some areas, we have negotiated minimum quotas for allocating homes to transferring tenants. 17.8 Some local councils will allocate a very small quota of moves to households not in the greatest housing need, to allow landlords to address housing management issues. Transfers agreed under such quotas must be authorised by the Neighbourhood or Voids & Lettings Manager. Direct Let 17.9 In certain, exceptional circumstances and with the agreement of the relevant local council or CBL partnership, a home may be allocated directly to a specific applicant outside of the normal lettings process. 17.10 Examples where a direct letting would be considered appropriate include: Where an allocation is required to ensure the protection of a person or members of the community; for example, following a decision made by a Multi-Agency Public Protection Panel meeting, or where a customer has been referred as part of the witness protection scheme Where a sensitive let is required for a particular property, because of issues such as drug dealing, violence, public protection, or ASB Where a customer s home is being repaired or disposed of and they need to be moved from the property on a temporary or permanent basis. Where there is a specific and exceptional medical need and we can not address this need through the normal routes Where the property has specific and exceptional facilities that match the needs of a particular client and that these facilities would otherwise be under-utilised Where it assists us to deliver our housing management functions; for example: o Remedying severe over-crowding Circle Housing Wherry Lettings Policy: September 2014 Page 8 of 21

Hard to Let Properties o As part of an incentive scheme to reduce under-occupation and make better use of our stock o Helping Circle Housing Wherry to meet its statutory and contractual obligations to customers who are eligible to succeed to a tenancy but where the home is much larger than they need or is suitable for a person with a disability and the successor does not have a need for such facilities 17.11 Where the condition, layout or location of a property makes it hard to let we will consider options such as: Increasing the value of decoration vouchers Enhancing the specification of works, for example, a full redecoration or carpeting before letting Relaxing occupation restrictions 17.12 Where we are unable to allocate a property through normal routes, we reserve the right to seek potential applicants from alternative sources, for example: Advertising properties through lettings agencies and local publications Identifying suitable applicants from our existing resident base. 18 Local Authority Choice Based Lettings (CBL) Nominations 18.1 CBL is a way of allocating housing that gives the customer greater choice and control over where they would like to live. CBL schemes are usually operated by local authorities. 18.2 Circle Housing Wherry has been very active in helping to develop CBL schemes, as we believe that wherever possible, customers should be able to choose where they live. CBL also provides a fairer and more open way of allocating homes. We also believe that communities are far more likely to be stable and residents happier in their homes when people have been able to choose to live there, rather than having been nominated there by their council. Most of Circle Housing Wherry s homes are allocated through a CBL scheme. 18.3 Typically, the schemes work on a weekly or fortnightly basis. A list of all the properties currently available is advertised usually in a free newsletter and on a website. These adverts include pictures and essential details about each home and the local area. 18.4 Information in adverts will usually include: How many bedrooms it has Circle Housing Wherry Lettings Policy: September 2014 Page 9 of 21

If there is a garden What transport is available nearby How much the rent and service charges are Details of any special features e.g. adaptations such as a level-access shower and Whether pets are allowed 18.5 Anyone who has previously registered is then able to bid for a property if it meets his or her needs. 18.6 Bids can normally be made by phone, text, digi-tv or online through the CBL scheme s website or local terminal, depending on the particular scheme. 18.7 If a tenant needs help in using the scheme, a family member, friend or support worker can place bids on their behalf. All local authorities offer a range of additional assistance for customers who have no one else to help them. 18.8 Bids must be made before the end of the weekly or fortnightly bidding cycle to be in with a chance of being considered for a particular home. However, it does not matter when, during the cycle, a bid is made as applicants are considered in order of priority and date of banding, not when the bid was made. 18.9 When bidding online, most systems give advice about position on the shortlist compared with other bidders. However, tenants need to be aware that the list changes throughout the cycle as more people place bids. 18.10 At the end of the bidding cycle, a shortlist of bidders is created and sorted in order of priority except where there is a planning covenant that overrides this priority. Depending on the CBL system, the local authority may manage the shortlist and send details of the top bidder to Circle Housing Wherry. With some CBL schemes, however, Circle Housing Wherry s Voids and Lettings Team has direct access to the shortlist and are able to consider applicants for the offer of a tenancy in the order they appear on the shortlist. 18.11 Circle Housing Wherry believes in providing the best start to create a sustainable tenancy and sustaining the wider community. We believe that this process starts at the point of application, when we should capture as much information as possible regarding the needs or support requirements of the potential new tenant, their previous housing history and their ability to maintain a tenancy. 18.12 Circle Housing Wherry works in partnership with other housing providers, with whom we share information about tenancy breaches of current and former tenants. This partnership also allows Circle Housing Wherry staff to access information held about applicants when assessing their suitability for housing. Circle Housing Wherry Lettings Policy: September 2014 Page 10 of 21

18.13 We will request relevant information from local authorities for all nominations to enable a risk assessment to be undertaken by staff as part of an accompanied viewing and prior to offering any tenancy. 18.14 Follow up work from the initial risk assessment prior to offering any tenancy may include discussing the applicant s history with previous landlords or the police, and their support needs with agencies such as mental health teams, primary care trusts, social services and alcohol or drug abuse agencies. We may also complete a home visit or ask that the applicant attends an appointment at Circle Housing Wherry s offices 18.15 Information provided by local authorities should include the following minimum information about the applicant/their household: Name, date of birth, gender, ethnic origin, nationality and national insurance numbers of the lead applicant/s Current address, type of accommodation moving from and household composition Details of any long term illness, health problem or disability that may require specific or specialist housing, care or support Details of any other care and support needs Details of existing, planned and previous packages of care provision provided by statutory or other bodies where known Relevant information about previous tenancies held including maintaining conditions of their tenancy such as payment of rent and any history of anti-social behaviour, harassment or domestic violence perpetrated by any household members, visitors or guests to their property, which might have an impact on the safety of the community. 18.16 The purposes of obtaining such detailed information is to help Circle Housing Wherry to identify any support needs and the level of potential risk posed by the nomination. Circle Housing Wherry has a duty as an employer not to place any of its staff at risk in the course of their duties. If insufficient information is supplied to identify any potential risk, local authorities will be contacted to request the information and advised that the nominee will not be considered for a vacancy without it. 18.17 Nominations may be rejected by Circle Housing Wherry if the local authority fails to provide information required to fully risk assess an applicant for a particular property. However, such refusals would not prevent an applicant from successfully bidding and being accepted for an alternative Circle Housing Wherry property in the future. Each nomination is considered on its merits, provided the applicant has the appropriate support package in place to meet their needs, Circle Housing Wherry will grant them a tenancy. Circle Housing Wherry Lettings Policy: September 2014 Page 11 of 21

19 Exclusions 19.1 In exceptional circumstances we will refuse applications for re-housing, both for nominations from local authorities and transfers. In doing so, we will be fair and transparent in our decision making process and demonstrate our reasons for refusal. Grounds for refusal include: Eligibility for housing 19.2 If a person is subject to immigration control or is a person from abroad, unless they meet the criteria of the habitual residence test as defined in s.161 of the Housing Act 1996 and the allocation of housing regulations 1996(s1 1996 no:2753) as amended by the Homeless Act 2002. It is the local authority s responsibility to ensure the applicant is eligible for rehousing. Anti-social behaviour, harassment or domestic abuse 19.3 If a member of the applicant s household or guests or visitors to the property have been perpetrators of anti social behaviour, harassment, or domestic abuse (including the previous eviction of an applicant or a member of their household), a previous injunction or anti-social behaviour order (ASBO) taken out against the applicant or a member of their household, or tenancy enforcement action by their landlord against the applicant or a member of their household within the preceding two years. This will be assessed on a case-by-case basis. 19.4 If the applicant or a member of their household poses a threat to the community (Circle Housing Wherry may take advice from other agencies, such as the Police, probation or social services). Rent Arrears 19.5 We would normally expect all current and former rent and sub-accounts of the applicant to be clear before making an offer of alternative accommodation to them (including payment of any debts previously written off by Circle). All exceptions will be reviewed on a case-by-case basis and may include: Where there is an evidenced and serious risk of harm (for example, harassment, hate crime or domestic abuse) and this would be alleviated by a move Where the applicant has significant support, health or housing needs that could not be met in their current accommodation but will be in the proposed property Where the arrears are entirely due to an outstanding housing benefit claim and the tenant has provided comprehensive evidence that they are entitled to housing benefit for the period in question and that once the housing benefit is paid the arrears will be cleared in full Where the tenant will receive an incentive payment under Circle Housing Wherry s Room to Move scheme and this payment would clear all debts Circle Housing Wherry Lettings Policy: September 2014 Page 12 of 21

Where a move would allow Circle Housing Wherry to deliver its housing management or maintenance functions more effectively If the applicant has maintained a satisfactory repayment agreement over a period of at least 6 months and under the terms of that agreement, all debts would be cleared within a maximum two-year period. However, if the applicant was evicted by Circle Housing Wherry due to arrears of rent, this exception will not apply and we will expect payment in full before making an offer of alternative accommodation. 19.6 Where we agree to offer a tenancy to an applicant that owes any money to Circle, a clause will be written into their new tenancy agreement creating a contractual obligation to clear the debt, according to an agreed repayment schedule. 19.7 Should a statutory home loss payment, Room to Move incentive, decoration allowance or any other payment or compensation be due, we reserve the right to offset the payment against any debt to Circle, including any debts or recharges identified on the applicant s current Circle home once they have moved. Breaches of tenancy 19.8 If the applicant is in breach of their current Circle tenancy conditions, all breaches must be rectified prior to an offer of alternative accommodation being made. For example: Any damage must be rectified to Circle s satisfaction The property must be in a lettable condition (save for the completion of any repairs and safety checks that are Circle s responsibility) Inadequate or Incorrect Information 19.9 If a local authority has not supplied sufficient information to allow us to identify any potential risk posed to staff or the community in which the property is located, or not supplied a detailed risk assessment and support/supervision package together with any monitoring arrangements for known sex offenders. 19.10 If the applicant or local authority has not provided us with requested information or evidence within a defined period. 19.11 If information provided by the applicant in respect of their application is deemed to be inaccurate, fraudulent or incomplete. 19.12 If the applicant(s) or their households circumstances have changed since their housing application and they are no longer eligible for housing or the property for which they are being considered. Sustainability 19.13 We may decline to offer accommodation where there is evidence to suggest that the tenant would not be able to sustain the tenancy. For example: Circle Housing Wherry Lettings Policy: September 2014 Page 13 of 21

The applicant(s) have significant support needs or other health issues and there is no (or an insufficient) care or support plan in place prior to the tenancy commencing and the lack of such provision would, in our view, negatively affect the applicants ability to sustain the tenancy or move into the property at the commencement date The applicant(s) have support needs and have refused, or failed to engage with, help from external agencies and the lack of such provision would, in our view, negatively affect the applicants ability to sustain the tenancy or move into the property at the commencement date The applicant(s) or a member of their household has specific requirements (current or anticipated) that cannot be met. For example, a disabled adaptation or adjustment that cannot be practicably implemented at the property in a reasonable period of time or at a reasonable cost or a property that is otherwise unsuitable in the view of a healthcare or social services professional The applicant(s) have failed a Circle Starter Tenancy within the last two years. If after carrying out an assessment of an applicant's circumstances, the Association feels that the tenancy would be unsustainable due to the applicant's inability to afford the property. Such a decision would only be made after a full assessment of the applicant s financial circumstances, including a trial benefit calculation. Best use of Stock 19.14 We may decline to offer accommodation where there is evidence to suggest that the tenant would not be able to sustain the tenancy. For example: 19.15 If after assessing the applicant's suitability for a particular home, the Association feels that the applicant's household make up is not appropriate for the property and would have an impact on the Association's ability to properly manage or make best use of its stock. Authority to refuse a nomination 19.16 Any proposed refusals of nominations will be verified and agreed by the Voids and Lettings Manager or Neighbourhood Manager. Before a final decision is made to refuse a nomination, staff will contact the individual local authority lettings team to discuss, outline and agree the grounds for refusal alongside discussing any support that may be imposed as a condition of accepting a nomination, or relevant additional information that may be available from the local authority that may influence the decision. Exclusion Appeals 19.17 A potential applicant may ask for the decision to refuse their nomination to be reviewed. An appeal may be requested in writing, email or by telephone. The applicant must clearly Circle Housing Wherry Lettings Policy: September 2014 Page 14 of 21

set out their reasons for asking for an appeal within 5 working days of the refusal being made. 19.18 A Senior Manager not involved in the original decision to refuse the nomination will be assigned as the Reviewing Manager to review the decision to refuse the nomination. In addition to considering the Lettings Policy and any vulnerability that the customer may have, the Reviewing Manager will also consider: Any information provided by the applicant and or their advocates Information provided by the nominating authority Reasons given by the relevant Manager who made the original decision. 19.19 In making any decision the Reviewing Manager must carefully balance the needs of the applicant and the potential sustainability of a tenancy, together with ability of the Association to make best use and appropriately manage its housing stock and existing customers. 19.20 The appeal decision will be communicated to the applicant within 5 working days of the appeal request being received. 20 Planning Restrictions and Local Connections 20.1 Circle Housing Wherry, as part of Circle Housing, is a major developer of new affordable rented homes. Most of these are allocated to applicants on the local authorities housing registers in the same way as other homes that become available for letting. 20.2 However, some homes built in rural areas may have extra rules that apply and can affect the priority of applicants. These rules are due to planning restrictions that ensure highest priority is given to people with a stronger local connection to the area (village or parish) where the homes have been built. These are known as Rural Exception Agreements. 20.3 The details can vary depending on the council area, but most give extra priority to applicants who live or work (or previously lived or worked) nearby or have close relatives living in the area. When these sorts of conditions apply, it will be stated in the choice based lettings advert and applicants will be invited to contact the local authority or Circle Housing Wherry directly for more details. 20.4 The local connection conditions will usually remain in place for such a home each time it becomes empty and available for re-letting in the future. 20.5 The local connection condition can restrict a tenant s ability to carry out a mutual exchange. Depending on the precise terms of the agreement, the tenant may only be able swap with another tenant living within the same village or town (see Circle s Mutual Exchange Policy). Circle Housing Wherry Lettings Policy: September 2014 Page 15 of 21

21 Rent Setting 21.1 Rents will be set in accordance with Circle s Rent Setting Policy 21.2 Social housing tenants that are presently paying a Social Rent will typically be charged a Social Rent when taking on a new Circle Housing Wherry tenancy. The Social Rent will be equal to the target rent plus service charges. Affordable Rents may be up to 80% of the market rent, including service charges. 21.3 Tenants that are not paying a Social Rent when they join Circle Housing Wherry will typically be charged an Affordable Rent. 21.4 Some properties may be exempt from Affordable Rents. Within Circle Housing Wherry, this would include where a Section 106 (local planning) agreement explicitly prevents us from charging an Affordable Rent. 21.5 Rents are typically charged on a weekly basis, falling due weekly in advance each Monday. 22 Property Letting Standard 22.1 Circle Housing Wherry will let all properties in accordance with its Property Letting Standard. 22.2 We reserve the right to complete any non-urgent repairs with the tenant in-situ, but will agree a deadline with the new tenant when they take on their tenancy. 23 Tenancy Commencement 23.1 Circle Housing Wherry tenancies normally run from Monday to Sunday, but we are able to commence tenancies on any day of the week. We will apportion the first week s rent charge where the tenancy does not commence on a Monday. 23.2 We will provide applicants with a projected ready to let date at the earliest opportunity. However, this date may be subject to change if, for example, the tenant does not move out on time or further works are deemed necessary to bring the property up to a lettable standard. 23.3 In exceptional circumstances, we may withdraw an offer of accommodation. For example, if the applicant is found to fall within an excluded group (see Section 19) or if the tenant decides not to leave their home. 23.4 We expect applicants to take up their new tenancy on the proposed tenancy commencement date, irrespective of any personal commitments or circumstances. 23.5 It may be possible for new tenants to delay moving into their new Circle Housing Wherry home for a short period, but rent will be payable from the commencement of tenancy date irrespective of whether or not the tenant has moved in. Housing and council tax benefit cannot normally be claimed prior to moving in. Circle Housing Wherry Lettings Policy: September 2014 Page 16 of 21

24 Supporting Sustainable Communities and Financial Inclusion 24.1 We are conscious that many of our communities are situated where wages, educational attainment and the proportion of economically active people are lower that the national average and that we are operating in a changing economic and political environment. We seek to ameliorate the effects of these factors through our Sustainable Communities Delivery Plan. 24.2 Circle Housing Wherry provides a sector leading financial inclusion service that is accessible to all Circle Housing Wherry residents, prior to and during the life of their tenancy. This service includes money, benefit and debt advice, information about basic bank accounts and credit unions, affordable warmth advice and assistance and a low cost home insurance scheme. 24.3 We will ensure that all new tenants are advised of the services available to them during their pre-tenancy interview and at the tenancy sign-up to ensure support (preventative and crisis management) is provided at the earliest opportunity. 24.4 We will visit new tenants within six weeks of their tenancy starting, with Starter Tenants receiving at least one additional visit during the first year of their tenancy. 24.5 Using profiling and personal data, we will prioritise new tenant visits according to the perceived risk of the tenancy failing. Priority cases may include residents that: have previously been evicted for rent or mortgage arrears, or have been perpetrators of anti-social behaviour, or have multiple debts or have previously struggled to pay their rent, or will not have their rent met in full by housing benefit. 25 Appeals and Complaints 25.1 An applicant who is dissatisfied with Circle Housing Wherry s service or Policy decision may appeal against our decision using Circle s Complaints Policy. 25.2 An applicant who is dissatisfied with the service provided by the local authority or a policy decision made by them must direct their complaint or appeal to the local authority, in accordance with the authority s complaints policy. 25.3 Whilst an appeal is being considered by a local authority, Circle Housing Wherry will not hold the property until the outcome of the appeal has been decided. However, depending on the outcome of the appeal, Circle Housing Wherry may accept a future nomination from the same applicant, as each nomination is considered on its merits. Circle Housing Wherry Lettings Policy: September 2014 Page 17 of 21

26 Our Commitments 26.1 We will: Contact shortlisted applicants within one working day of short-listing and verification being completed, by telephone where possible Ensure short-listed applicants are made aware of the financial inclusion services that can be accessed through Circle Housing Wherry to help prepare them for taking on their new tenancy Accompany prospective tenants to view their new home Tell prospective tenants when their viewing date is likely to be when offering a property Allow the applicant forty-eight hours from the viewing date to decide whether or not to accept the offer of accommodation Provide a home that is safe, clean and ready to move into Make sure all our homes meet our Property Lettings Service Standards Give new tenants a copy of their tenancy agreement and a tenant s handbook, containing useful information about the tenancy, home and the services which can be expected Tell new tenants how they can pay rent and help with housing benefit forms if they need us to. Offer to help the applicant make a telephone claim for housing benefit at the signup appointment Make sure all equipment in the home comes with instruction manuals Give local information to new tenants when they move in Introduce new tenants to neighbours and local residents associations or other local resident contacts if they want Offer at least 65% of new tenants a benefit health-check within 48 hours of their tenancy commencing Visit new tenants within six weeks of their tenancy starting sooner where there is an increased risk of the tenancy failing Circle Housing Wherry Lettings Policy: September 2014 Page 18 of 21

27 Monitoring 27.1 We are committed to achieving high performance and to maximising customer satisfaction in our lettings services. We have a number of both key and local performance indicators against which we will monitor and compare our performance. 27.2 We will publish a headline summary of our lettings performance in our annual Resident Review. 27.3 In addition to the published information we also monitor: The diversity profile of lettings in local authority areas where allocations exceed 50 per annum Refusal reasons Termination reasons Satisfaction with the lettings process 28 Diversity and Inclusion 28.1 At Circle Housing, we have adopted diversity and inclusion as core values and place all our policies in the context of the following objectives: ensuring that all our residents and staff are treated with dignity and respect ensuring that the opportunities we provide for learning, personal development and employment are made available on a non-discriminatory basis providing a safe, supportive and welcoming environment for staff, residents and visitors 28.2 We seek to be a genuinely inclusive organisation and our aim is to integrate diversity and inclusion in all aspects of our day-to-day activity. 28.3 We will strive to meet housing needs in the area in which we operate. We will set targets for nominations according to housing need and raise concerns with local authorities if nominations do not appear to be in line with the diversity profiles of 28.4 registered housing need or of our existing tenants in their area. 28.5 Monitoring of access to services and satisfaction with them will also be undertaken to ensure that we comply with all aspects of Equality and Diversity legislation, our Lettings Equality Impact Assessment and Circle Housing Wherry s Equality, Diversity & Profiling Strategy Lettings. 28.6 We are committed to supporting residents and staff access information in a way that suits individual needs. Please get in touch with your local office to discuss this. Circle Housing Wherry Lettings Policy: September 2014 Page 19 of 21

28.7 We welcome text relay calls. Residents should dial 18001 first and then the number that they require. Circle Housing Wherry Lettings Policy: September 2014 Page 20 of 21

Related documents Document Connected Policies Link Anti-Social Behaviour Policy Assignment for Lifetime Tenants Policy Assignment for Fixed Term Tenants Policy Complaints Policy Decants Minors Mutual Exchange Rent Setting Policy Starter Tenancies for Lifetime Tenants Policy Starter Tenancies for Fixed Term Tenants Policy Succession for Lifetime Tenants Policy Succession for Fixed Term Tenants Policy Tenancy Policy Version history Version no. 1 Date effective: 1st October 2011 Board approval date September 2011 Final approval date September 2011 Policy author Sue Stavers Assistant Director of Income and Neighbourhoods Version no. 2 Date effective: 1st January 2013 Key changes Final approval Further consultation to be completed in 2013, when Policy reviewed due to implementation of FTTs. Sue Stavers Managing Director Version no. 3 Date effective: September 2014 Key changes Final approval To include pre fixed term starter tenancies and the introduction of FTTs. Further explanation and appeals process for exclusion of potential applicants. Sue Stavers Managing Director Circle Housing Wherry Lettings Policy: September 2014 Page 21 of 21