Scheme of Allocations

Eastleigh Borough Council

Homechoice Allocation Policies

This scheme of allocations relates to the exercising of the

Council’s functions under Part 6 of the Housing Act 1996

The Council is required by law to publish its allocation scheme that describes how it

determines priorities between applicants and the procedures it follows when nominating

to social housing in the borough.

December 2020

Index

Page

Introduction

3 - 5

Principles and Objectives

6 - 7

Housing Register

Eligibility for the Housing Register

Applicants who qualify for inclusion on the Housing Register

Applicants who don’t qualify for inclusion on the Housing Register

Suspension Policy

Registration on the Housing Register

7 - 8

8 - 9

9 - 10

11 - 12

12 - 14

Statement of Choice

Managing Choice

Offers of accommodation

Renewing applications

Vulnerable applicants/Support Needs

Housing Need Assessment

Applicants with a need for housing under the Housing Register

Banding Scheme

Band 1- Urgent Priority

Band 2 – High Priority

Band 3 – Medium Priority

Band 4 – Low Priority

Determining Priorities under the scheme

Determining between applicants

Occupancy/property eligibility criteria

Accommodation for disabled people with access needs

Direct Matches

Properties not included in the scheme

Administration and processes – CBL

Right to Review

Process of Review

Complaints

Annex -Processes and administration of Housing Register

Section 1 – Processes, Applications and Assessment

Section 2 – Allocation and Lettings

Appendices

1 - Sensitive Lettings

2 - Owner Occupiers

3 - Definition of Household

4 - Health and Welfare Assessment

5 - Cancelling/suspending applications

6 – Grounds for refusal by a Registered Provider

14 - 15

15 - 16

17 - 18

18 - 21

22 - 23

24 - 25

28 - 31

32 - 37

38 - 39

42 - 44

Introduction

1.1 Eastleigh Borough Council is required to establish an allocation scheme for

determining priorities between people who apply for housing and setting out the

procedure to be followed in allocating housing accommodation.

1.2 An allocation is defined as occurring when a local housing authority selects a

person to be its own secure or introductory tenant, nominates a person to be a

secure or introductory tenant elsewhere, or nominates a person to be an assured

tenant of another social landlord. The selection or nomination of a person for the

initial grant of a ‘flexible’ or ‘affordable’ tenancy of social housing will also be an

‘allocation’ because those are simply variants of secure or assured tenancies.

1.3 The Scheme of Allocation details all aspects of the allocation process, including

the responsibility for decisions, policy on offering choice to applicants, how

applications will be assessed, processed and how decisions will be made with

regard to the allocation of social housing in the borough of Eastleigh.

1.4 The Council operates a choice based lettings scheme in partnership with Havant

and Test Valley Boroughs, Winchester City and East Hampshire District Councils

(together forming a ‘Sub-Regional Area’ for the purposes of housing allocation),

and consists of a Common Allocation Framework (known as the Hampshire Home

Choice Allocation Framework) agreed between these authorities, with individual

schemes of allocation prepared by each participating authority in accordance with

that Framework.

1.5 The Council’s scheme of allocation and Hampshire Home Choice (HHC) Sub-

Regional Allocation Framework ensures applicants are given ‘reasonable

preference’ in accordance with legislation. This includes the following customers:

a) people who are homeless or threatened with within the meaning of Part 7

of the Housing Act 1996 (as amended by the Homelessness Act 2002) or

are owed the prevention or relief duty under the Homelessness Reduction

Act 2017

b) applicants who are owed a full duty under Part 7 of Housing Act 1996 (as

amended by the Homelessness Act 2002) or Homelessness Reduction

Act 2017.

c) People occupying insanitary or overcrowded housing or otherwise living

in unsatisfactory housing conditions;

d) People who need to move on medical or welfare grounds;

e) People who need to move to a particular locality in the district of the

housing authority, where failure to meet that need would cause

hardship (to themselves or to others).

1.6 Additional preference will be awarded to applicants who are in a reasonable

preference group if their housing needs are serious and urgent.

1.7 The Council’s scheme may contain provisions for determining priorities between

people in reasonable preference groups. Applicants entitled to reasonable

preference will be further assessed against the following:

a) The financial resources available to an applicant to meet his/her housing costs

b) The behaviour of an applicant (or a member of his household) which affects

their suitability to be a tenant

c) The local connection of the applicant to the HHC local authority districts.

1.8 An allocation under the Council’s scheme of allocation is where:

(a) A person is nominated to be an assured tenant (including fixed-term,

flexible, or Affordable Rent tenure) of a registered provider of social

housing in the borough.

(b) There is a transfer of housing accommodation where a Registered

Provider/Housing Association tenant is in a reasonable preference group

and where the transfer has been made on the basis of the need expressed

in a person’s housing application.

1.9 The letting of accommodation to applicants not in a reasonable preference group

or of temporary housing for homeless applicants will normally be made outside of

this scheme.

1.10 Tenancies let through this scheme will include flexible and shorthold tenancies

and tenancies let on social and Affordable Rents.

1.11 Partner Registered providers of social housing in the scheme have a duty under

Housing Act 1996 to cooperate with housing authorities to such extent as is

reasonable in the circumstances in offering accommodation to applicants with

priority under this scheme.

1.12 The Council when drawing up its scheme of allocation has had regard to the

following:

• The Housing Act 1996 (Part 6), as amended by the Homelessness

Act 2002, the Localism Act 2011 and other relevant legislation.

• Allocation of Accommodation: Guidance for Local housing Authorities in

England (2012, DCLG) “the Code”.

• Providing social housing for local people: Statutory Guidance on social

housing allocations for local authorities in England (DCLG, December

2013) “Supplementary Code”.

• Improving Access to Social Housing for Victims of Domestic Abuse in

Refuges or Other Types of Temporary Accommodation: Statutory guidance

on social housing allocations for local authorities in England (MHCLG,

November 2019) “Supplementary Code”.

• Improving access to social housing for members of the Armed Forces

(MHCLG, 27 June 2020) “Supplementary Code”.

• Homelessness Reduction Act 2017.

• Allocation of Housing (Procedure) Regulations 1997,SI 1997/483.

• Allocation of Housing (England) Regulations 2002, SI 2002/3264.

• Allocation of Housing and Homelessness (Eligibility) (England) Regulations

2006, SI 2006/1294.

• Allocation of Housing (Qualification Criteria for Armed Forces) (England)

Regulations 2012, SI 2012/1869.

• Housing Act 1996 (Additional Preference for Armed forces) (England)

Regulations 2012, SI 2012/2989.

• Allocation for Housing (Qualification Criteria for Right to Move) (England)

Regulations 2015, SI 2015/967.

• Homelessness & Rough Sleeping Strategy.

• Tenancy Strategy.

• The Equality Act 2010

• Existing Case Law

2 Principles and Objectives

2.1 Strategic Priorities

Corporate Plan

Providing access to a decent home is one of the Council’s Corporate Plan

priorities.

The key principles and objectives of the scheme which determines how

allocations will be made are:

• To meet our homeless prevention and statutory homelessness duties

• To give ‘reasonable preference’ to those in greatest housing need (see para

1.5)

• To meet the needs of vulnerable people with support

• To provide applicants with as much choice as possible

• To help to create and maintain sustainable local communities

• To make the best use of available housing resources

• To allocate scarce local housing resources in as fair a way as possible

2.2 Hampshire Home choice Sub-Regional Allocation Framework

HHC administers a single housing register for people in housing need across the

HHC sub region. The HHC Housing Register is used by the five partner local

authorities to nominate and allocate social housing across the sub region. This

information is shared with the partner RPs (which includes local authority

landlords).

Applicants registered on Hampshire Home Choice from East Hants, Havant, Test

Valley and Winchester are eligible to bid for a quota of properties identified across

these four Council areas, as well as homes in the Local Authority in which the

applicant has a local connection. These properties will be clearly labelled in the

property adverts and it will be very clear for which properties the applicant can

and cannot bid.

Cross boundary moves will be regularly monitored to ensure that each

authority is not disproportionately affected as a result of cross boundary

migration between Council areas. Eastleigh Borough Council does not

participate in the cross boundary moves element of the scheme.

Registered Providers’ Tenants

Ensuring that sufficient priority is given to existing Registered Providers

(Registered Social Landlords) tenants in order to make best use of existing social

housing stock.

2.3 Exceptional and critically urgent cases

Ensuring there is provision for households living in exceptional and critical

circumstances to be given highest level of priority under the allocation scheme

2.4 Local lettings policies

Local lettings policies will be used to ensure where possible, that there is a mixed

and balanced community. Local letting policies for some existing properties and

initial lettings on new build schemes may specify different priorities for allocating

properties. Properties subject to such a policy will be clearly labelled in the

property advert.

Local lettings policies may be applied in addition to any local planning restrictions

(contained in agreements made under Section 106 of the Town and County

Planning Act 1990) which may be in place but will not override them. These local

lettings policies will be agreed by the respective Registered Provider and local

authority Housing & Homelessness Specialist.

2.5 Sensitive Lettings

There may be occasions when a Registered Provider requests that a vacant

property is advertised as a sensitive letting; for example, where a previous tenant

has caused anti-social behaviour and it is important to get the right mix of tenants

in the area, having regard to the needs of existing vulnerable or elderly tenants.

The landlord and the local authority may agree that the applicant in prime position

for nomination is not suitable to be offered the property and instead agree to offer

the property to a more suitable applicant.

Priority may be given to working applicants taking into account all relevant factors

in relation to the applicant's housing need, suitability of the property for that

applicant and the needs of the community. In these cases the advert will clearly

state the property is subject to the Sensitive Lettings policy.

3 Housing Register

3.1 The Council maintains the Housing Register and is the main point of contact for

all applicants wishing to apply for social housing within the Borough of Eastleigh.

3.2 The Council maintains the register on behalf of Registered Providers who operate

within Eastleigh. All nominations to vacancies provided by the Registered

Providers are made by Eastleigh Borough Council in accordance with the

Council’s Scheme of Allocations and the Hampshire Home Choice Sub-Regional

Framework.

3.3 Registered Providers will allocate their accommodation in accordance with the

Council’s scheme of allocations and Hampshire Home Choice Sub-Regional

Framework, with the exception of:

• Any applicant who may be excluded for an allocation by virtue of the

Providers’ Allocation policy

• Any applicant who may be excluded for an allocation as a result of the

Providers’ charitable status.

3.4 No applicant will be excluded for an allocation by a Registered Provider without

full written notification by the relevant Registered Provider to the applicant and

the Council.

3.5 All applicants will have the right of a review by/to the Registered Provider of any

aspect of an adverse decision. Details of the Registered Provider’s review policy

will be included with any notification of an adverse decision.

3.6 Registered Providers in the Hampshire Home Choice Scheme request 100%

nominations to their vacancies within Eastleigh be provided by the Council.

Nominations to such vacancies will therefore be made in accordance with this

Scheme of Allocations.

3.7 Some Registered Providers may reject nominations for reasons set out within

their independent allocation policies. In such circumstances, the Council will

require the Registered Providers to provide written confirmation of the reasons for

their rejection to both the Council and the applicant within 3 working days.

Applicants will be able to request the Registered Provider review its decision

according to its own independent appeals procedure.

4 Eligibility for the Housing Register

4.1 Certain people from abroad, including some subject to immigration control, are

not eligible for an allocation of social housing. These are known as restricted

persons. These regulations are set by Government and updated regularly.

4.2 Allocations and nominations under the scheme of allocations can only be made

to eligible persons. The Council cannot allocate housing accommodation under

the scheme to:

(1) A person from abroad who is subject to immigration control unless he/she is

of a class prescribed by regulations made by the Secretary of State, or

currently a tenant of the Council or a registered provider. No person excluded

from entitlement to housing benefit shall be included in any class prescribed

by the secretary of State.

(2) Two or more persons jointly if any of them falls under 4.2 (1) above

(3) Other classes of persons from abroad specified by the Secretary of State.

4.3 Habitual Residence Test

Most persons from abroad who are not subject to immigration control (including

British Citizens) must also be habitually resident in the Common Travel and/or

have the right to reside in the Common Travel Area in order to be eligible to join

the Housing Register.

The Common Travel Area consists of the UK, the Channel Islands, the Isle of Man

and the Republic of Ireland.

The Habitual Residence Test is used to ensure new allocations of social housing

is to the applicants who are ordinarily resident in the UK, i.e. those habitually

resident in the UK, and to EEA nationals exercising Treaty Rights. In applying this

test, some British citizens, nationals of EEA member states, and others exempt

from immigration control may nevertheless be denied an allocation on the

grounds that they are ‘not eligible’. The Test can be reapplied at a later date and

a different outcome may arise.

4.4 Subject to 1.5 (reasonable preference criteria) and any other relevant

regulations made by the Secretary of State, the Council may decide what

classes of people are to be treated as qualifying persons; able to join the

Council’s Housing Register and to be considered for housing

accommodation.

4.5 Applicants deemed not to be a qualifying person by the Council will not be

able to be considered for housing and must be notified in writing.

4.6 Any applicant regarded by the Council as ineligible to join the housing

Request A Review).

5 Applicants who qualify for inclusion on the Housing Register

5.1 The Council will consider all applications to join the Housing Register in

accordance with its Scheme of Allocations. Applicants will be accepted onto the

Housing Register for housing provided they:

(1) Are aged 16 years of age or over and

(2) Are eligible to be considered for housing accommodation and

(3) Are a qualifying person and

(4) Have a local connection with the Eastleigh Borough Council area.

5.2 Applicants under the age of 18 years of age,

Applicants aged 16 or 17 years of age will be accepted onto the Housing Register,

providing they are not otherwise ineligible. When allocating a tenancy to an

applicant under the age of 18, then:

a) A trustee must be appointed. A person under the age of 18 cannot be the legal

owner of an interest in land, including a tenancy. The trustee would be the legal

owner of the land and hold it in trust until the young person reached 18 years of

age. Any such case will need to be jointly assessed by the Housing Service and

Children’s/Adult Services before an offer of accommodation is made, and

b) A suitable guarantor for the tenancy would need to be identified until the applicant

reaches 18 years of age.

5.3 Qualification Criteria

An applicant will normally be a qualifying person and therefore qualify to join the

Housing Register and for an allocation under the Council’s scheme of allocations,

if they are:

1. In Housing Need, (See Section 14 – Housing Need Assessment) and

2. Have a single or joint household income of less than £45,000 per annum

and/or assets and savings of less than £16,000, and

3. Have a local connection to the borough of Eastleigh by meeting one of the

following criteria:

a. Residency Qualification

• Have been resident in the Borough of Eastleigh for 12 continuous

months at the time of application.

• have lived in the Borough of Eastleigh for 3 out of previous 5 years

• Have close family (mother, father, brother or sister, adult children,

grandparents) who have been resident for 5 continuous years and

continue to be resident in the Borough of Eastleigh.

b. Employment

An applicant may be a qualifying person if he/she or his/her partner is in

employment which meets all of the following criteria:

• The office or business establishment at which a person is based or from

where their work is managed is within the Borough of Eastleigh and

• Is in paid employment and

• Works a minimum of 16 hours per week and

• Has been employed for a minimum of 12 months and is currently in

employment and

• Has a permanent or fixed term contract or is self-employed.

If an applicant or their partner is self-employed further information may be

required including but not limited to evidence that they are registered with HMRC

for tax and National Insurance payments, tax returns, payslips, accounts, etc.

6 Applicants who are not qualifying persons and do not qualify for inclusion

on the Housing Register

6.1 Applicants will not normally be qualifying persons if they:

1) Do not have a local connection to the Borough of Eastleigh unless, at the time

of their application they are:

• Owed a re-housing duty by the council under the homelessness legislation

• A person who is serving in the regular forces or

• A person who has served in the regular forces within five years of the date

of their application for an allocation of social housing under Part VI of the

Housing Act 1996 or

• Those who have recently ceased, or will cease to be entitled, to reside in

accommodation provided by the Ministry of Defence following the death of

that person’s spouse or civil partner where -

- The spouse or civil partner has served in the regular forces: and

- Their death was attributable (wholly or partly) to that service: or

- Is serving or has served in the reserve forces and who is

suffering from a serious illness or disability which is attributable

(wholly or partly) to that service.

For the purposes of this policy the definition of ‘regular’ and ‘reserve’

forces will reflect the definition set out in s374 of the Armed Forces

Act 2006.

• In a class of people prescribed by regulation who cannot be deemed a

non-qualifying person due to a lack of connection to one of the local

authority areas. (for example MAPPA, MARAC, Witness Protection.) or

• A ‘looked after child’ as defined by Children’s Services in another region.

• A care leaver aged uner 21 who normally lives in a different area to that

of a local authority that owes them leaving care duties and has done for

at least 2 years including some time before they turn 16 or

• A care leaver aged under 21 owed a duty under Section 23C of Children

Act 1989 by Hampshire County Council will have a loal connection with

every district that falls within the area of HCC or

• A person who needs to move to a particular locality within the HHC area,

where failure to meet that need would cause themselves or others

hardship or

• Social housing tenants who have reasonable preference because of a

need to move to the local authorities’ district to avoid hardship; and need

to move because the tenant works or has been offered work in the district

of the authority and has a genuine intention to take up the offer.

2) Are an applicant who has the means to resolve their own housing difficulties.

3) Are an owner-occupier with the exception of those with a housing and

assessed care need, who cannot resolve their own housing situation and have

a need for extra-care or sheltered accommodation.

4) Are not in housing need, unless they are of a household type which could be

considered for housing which is normally difficult to let and they wish to be

considered for such a property. This will normally be sheltered and/or older

persons accommodation, not bungalows.

5) Each application will be considered on its merits. Applicants who do not qualify

or are not eligible to join the Housing Register will be advised in writing of the

decision and their right of review of the decision that they do not qualify or are

ineligible for the Register. (see Section 28)

7 Suspension Policy

7.1 The Council operates a suspension policy. Applications will be suspended in the

following circumstances:

1) Where an applicant has deliberately worsened their circumstances

2) Unacceptable behaviour

3) Former rent arrears and debt

4) Refusal of suitable accommodation

7.2 Deliberately Worsened their Circumstances

Applicants who seek to gain an advantage on the Housing Register by

deliberately worsening their circumstances, for example, moving to severely

overcrowded housing or sub-standard accommodation will have their housing

application suspended for 6 months. For applicants whose application has

been suspended for deliberately worsening their circumstances, their priority

date will be the date their application is made live following suspension for 6

months.

7.3 Unacceptable Behaviour

Qualifying persons who are unsuitable to be a tenant because of behavioural

issues, including anti-social behaviour or poor tenancy or household management

will have their application suspended for six months. Applications will be assessed

on their own merits.

Applicants and/or their household will need to demonstrate that there has been a

significant change in their behaviour and that this has been sustained for a

minimum period of 6 months before they may qualify for housing. In some cases

an applicant may qualify, subject to them agreeing to accept tenancy support or

signing an acceptable behaviour contract.

7.4 Behavioural issues may include the following:

(i) Verbal and abusive physical behaviour and/or

(ii) Arson and/or

(iii) Assault and/or

(iv) criminal behaviour and/or

(v) criminal damage and/or

(vi) damage to property and/or

(vii) domestic violence and/or

(viii) drug and alcohol misuse/abuse and/or

(ix) harassment and/or

(x) homophobic behaviour.

Applications will be assessed on their own merit taking into account current

and recent conduct along with relevant supporting information provided by

partner organisations, support workers and the Police. For applicants whose

application has been suspended for unacceptable behaviour their priority date

will remain what it was before their application was suspended.

7.5 Former Rent Arrears and Debt

Where an applicant and/or their partner owe money to the Council or

Registered Provider in the HHC partnership and there is no payment

arrangement in place or there is a payment arrangement in place which has

not been adhered to for a period of 6 months and continues not to be paid

their application may be suspended. For applicants whose application has

been suspended for former debt/rent arrears and debt, their priority date will

remain as it was before their application was suspended.

Examples of money owed:

i. Current rent arrears and/or

ii. Former tenant rent arrears and/or

iii. Repair costs/Rechargeable works orders and/or

iv. Claim against deposit scheme for damage or rent arrears and/or

v. Rent in advance/Tenancy Start Up or housing related loans owing and/or

vi. Outstanding debt with a private landlord may be considered

It is the responsibility of the applicant to provide evidence confirming that there is

a payment arrangement in place and that payments have been adhered to for a

minimum period of at least 6 months and continue to be paid or evidence of where

serious hardship would result if accommodation is not offered.

7.6 Refusal of Suitable Accommodation

An applicant, who successfully bids, is nominated and offered suitable

accommodation but subsequently refuses an offer on two occasions within a six

month period will not be able to bid for further properties for six months from the

date of refusal of the second property.

8 Registration on the Housing Register

8.1 Housing applicants will only be registered onto the Housing Register following

receipt by the Council of the duly completed housing application form and

requisite verification documentation.

8.2 An applicant’s registration date will be the date on which the Council receives their

application. This date is known as the registration date.

8.3 All applications for housing are assessed and placed in one of four bands

depending on the applicant’s housing need. Priority is awarded within each band

by date the application was placed in the band. This date is known as the priority

date.

The Council will endeavour to register all applications and notify the applicant of

their position on the register within 10 working days of receipt of all relevant

information, informing them of the date their application was registered, their

banding and their assessed bedroom need.

9 Statement of Choice

The Council and its partner landlords are fully committed to enabling applicants

to play an active role in choosing where, and in what property type and tenure

they wish to live, while continuing to house those applicants in the greatest

housing need and complying with all relevant legislation.

9.1 Applicants can apply (subject to eligibility) for vacancies which are advertised

each week. In making this choice applicants need to consider their housing need

priority against the availability of properties in any given area.

9.2 The Housing Register offers eligible applicants an opportunity to express

preferences in relation to accommodation in the following ways:

▪ Applicants can make a positive choice about the area in which they wish to

live.

▪ Applicants can state their preferences for type of heating, a garden and other

amenities.

▪ We will provide applicants with clear information about the supply of and

demand for vacancies through our weekly Newsletter. This will help inform

them about the implications of their choice and decisions in terms of waiting

time and the availability of properties.

▪ We may use local lettings initiatives to enhance choice and enable applicants

to make a positive decision about where they live.

▪ We will seek to ensure that local people have the opportunity to live within their

home villages.

We will offer choice of tenure, for example social and Affordable Rent properties,

low cost homeownership, Homebuy.

10. Managing Choice

10.1 Applicants awarded a ‘Management Transfer’ priority will be expected to bid for

the next suitable vacancy. This can be extended where no suitable property has

arisen during the time period. If a suitable property arises and the applicant is

successful in bidding but refuses the offer of accommodation, then their priority

will be reduced to their original Band

10.2 Applicants owed the prevention or relief duty under Homelessness Reduction Act

2017 or owed a full duty under Part 7 of Housing Act 1996 (as amended by the

Homelessness Act 2002) and placed in homeless temporary accommodation

stock to end or satisfy these duties will be expected to bid for suitable properties.

If the applicant does not bid for suitable properties, then the local authority will bid

on their behalf and make a suitable offer of a vacant property within their district.

11. Offers of Accommodation

11.1 All offers of accommodation made by Registered Providers in the Borough of

Eastleigh will be made in writing, direct to applicants from the Registered

Provider themselves. If applicants do not respond to the offer within 2 working

days it will be assumed they have refused the offer.

12. Renewing applications/remaining on the Housing Register

12.1 Applicants will be required to renew their housing application on an annual basis

on the anniversary of their relevant application date – known as the “renewal”

date.

12.2 If applicants fail to voluntarily renew their application they will be sent a written

reminder to do so within 21 days of the renewal date. Any applicant who does not

renew their application within 28 days of receiving their reminder letter to do so

will be assumed to no longer require housing and their application will be

cancelled accordingly.

12.3 If an applicant makes contact within 6 months of their original application being

cancelled this application will be reinstated.

12.4 If contact is not made within 6 months and satisfactory evidence is provided of an

incapacity causing the failure to renew, the application can be reinstated from the

date of the original application.

12.5 Eligibility and qualification for the list may be reconsidered when an application is

being reviewed.

12.6 Applicants must keep the Council informed of any changes to their circumstances,

as and when these arise, by submitting written details to the Housing Case

Management Team. Applicants may be required to complete a new application

form and provide any necessary supporting documentation.

13. Vulnerable Applicants/Support Needs

13.1 The Council is committed to ensure that all residents in the Borough have every

opportunity to sustain their homes.

13.2 The Council will provide the following details to a Registered Provider when

responding to a request for a nomination from the Housing Register:

• any tenancy support provided to an applicant;

• any known involvement by any support agency with an applicant, and

• any concern that the applicant may need tenancy support even if tenancy

support has not been given and there is no involvement of any support agency.

14. Housing Need Assessment

14.1 Household Size and Accommodation Eligibility

The number of bedrooms an applicant can be considered for is determined by

looking at the size and structure of the household. The table below details the

normal bedroom requirements for typical households:

Household Size

Size of accommodation

Single Person

Bedsit/studio flat/one bedroom

property

Couple

One bedroom property

Household with one child

Two bedroom property

Household with two children of same sex *

Two bedroom property

Household with two children of opposite sex;

where both children are under 10 years of age

Two bedroom property

Household with two children of same sex,

where one sibling is over 16 years of age.

Three bedroom property

Household with two children of opposite sex,

where one is 10 years or over. **

Three bedroom property

Household with three children

Three bedroom property

Household with four or more children

Three/four bedroom property

Household with five or more children

Four/five bedroom property.

*Two siblings of the same sex under 16 years of age will be expected to share

one bedroom of appropriate size.

**Two siblings of opposite sex, where one is 10 years or over are entitled to

separate bedrooms.

14.2 Where an applicant states a separate bedroom is required for a carer/s providing

overnight care, the Council will assess whether the carer is part of the household.

14.3 In exceptional circumstances, the Council will consider allocating properties of

alternative sizes to applicants. Such decisions will be made by the Council’s

Housing & Homelessness Specialist in consultation with the Hampshire Home

Choice Manager.

14.4 Additional Priority

14.5 Additional priority may be given in the following circumstances:

(a) Fostering

Additional priority may be given to foster carers where their current

accommodation is not suitable to accommodate a foster child placement.

An example is where an applicant may require a larger property to

accommodate one or more foster children. In these cases the local authority

will work closely with Children’s Services to meet the needs of an approved

foster carer.

(b) Health and Welfare Assessment

An applicant, who has a need to move to a particular locality in the district

where significant hardship would be caused to them or others, if they did

not move, maybe awarded additional priority.

Additional priority may be given to members of the Armed and Reserved

Forces, widows/widowers of Armed/Reserve Forces personnel killed whilst

in service and who have an urgent housing need. For example those who

need to move urgently because of a life-threatening illness or sudden

disability.

(d) Emergency Management Transfers

Existing RP tenants in need of an emergency management transfer will be

awarded Additional priority and placed into Band 1. (see18.3)

15. Applicants in the following circumstances have a need for accommodation

under the Housing Register

15.1 Overcrowded Circumstances

Households will be regarded as overcrowded when they are assessed as needing

at least one more bedroom than their current accommodation provides.

For the purpose of defining overcrowding the following factors apply:

a) A single person aged 16 or over requires one bedroom.

b) A couple require one bedroom.

c) Two children of a different sex, where one is aged 10 or over, require 2

bedrooms.

d) Children of same sex share a bedroom until 16 years of age.

e) One room will be classified as a living room; all other rooms (except

bathrooms and kitchens) will be classified as bedrooms provided they are

suitable as sleeping accommodation.

Rooms measuring less than 4.6 square metres (50 square feet) will not be

counted as a bedroom.

15.2 Homeless Households

a) Applicants who are owed a prevention or relief duty or a full duty to be

housed under the homelessness legislation and who are placed in

accommodation that is not suitable for their long-term needs, or

b) Where the lease for their private sector leased property is ending through

no fault of their own, or

c) Where the Council needs to release temporary accommodation in order to

meet local homeless priorities and pressures.

d) Households occupying homeless temporary accommodation stock or

Private Sector Leasing Scheme (PSL) properties after 2 years will be

moved into Band 2.

15.3 Severe Disrepair

Where an applicant’s home is assessed as being in serious disrepair and is

considered unsafe by the Council, but cannot be remedied by the applicant or

landlord within a reasonable timescale and housing conditions can be resolved

through re-housing.

Assessments will be carried out by Environmental Health Officers having regard

to Category 1 hazards under the Housing Health Safety Rating System (HHSRS).

15.4 Existing Social Housing Tenants

Existing Social Housing tenants living in the Borough of Eastleigh who:

• Will release a property required by the Councils to meet housing need. (e.g -

tenants in properties previously adapted who no longer require the

adaptations)

• Are under-occupying their property by one bedroom or more and who wish to

move to smaller accommodation

• Are under-occupying their property by one bedroom or more (including starter

tenancies) and are suffering or may suffer financial hardship because of

reduced welfare payments due to under-occupation. Additional priority may

be awarded to applicants in these circumstances.

• Are applicants who have succeeded to a tenancy and who are required to

move to smaller accommodation.

• Are living in a two bedroom flat and who have two children will be considered

for more appropriate family accommodation, e.g a house or maisonette.

• Are living in a bedsit/studio flat for a period of 2 years or over.

15.5 Households living in Temporary/ insecure Housing

The following applicants are considered to be living in temporary or insecure

housing if:

(1) They have been accepted as statutorily homeless by the Council and been

placed into temporary housing.

(2) Accepted a qualifying offer of private rented accommodation, which brings the

Council’s homelessness duty to an end.

(3) They have an Assured Shorthold Tenancy in the private rented sector and do

not have the means to resolve their own housing situation.

(4) Are considered to be of ‘no fixed abode’.

(5) They occupy Armed Forces accommodation and are close to the end of their

service. Applicants with an ‘urgent housing need’ may be awarded additional

priority.

Fixed–term secure tenancies will not be considered to be temporary/insecure

housing.

15.6 Health and Welfare Assessment

An applicant or household member who has a significant health or welfare

problem caused or substantially worsened by their existing accommodation and

where it could be alleviated or resolved by rehousing, maybe awarded priority on

health and/or welfare grounds.

Priority

level

Definition

Priority

Band

Urgent

There is a critical need to move. The current housing situation is

seriously detrimental to health and interferes with quality of life to an

intolerable degree.

Band 1

High

There is a high medical need to move. The current housing situation

is detrimental to health and interferes with the quality of life to a high

degree.

Band 2

Medium

There is a moderate medical need to move. The current housing

situation is detrimental to health and interferes with the quality of life

to a moderate degree.

Band 3

Low

There is a slight medical need to move. The current housing situation

is detrimental to health and interferes with the quality of life to a low

degree.

Band 4

None

There is no medical need to move or a move would offer no

improvement. The current housing situation is not detrimental to

health and does not interfere with the quality of life.

Priority

When awarding priority on health and/or welfare grounds, the award of urgent

priority on these grounds need to be considered alongside the needs of other

applicants who are waiting for rehousing.

15.7 Lacking Essential Facilities

Where an applicant is lacking the following essential facilities:

• Cooking Facilities

• Bath or Shower

• Internal WC

• Cold/Hot Water Supplies

• Electricity/Gas Supply

• Adequate Heating

15.8 Sharing Facilities

Where an applicant is sharing the following essential facilities with another person

who is not part of their application:

• Kitchen

• Bathroom/Shower

• Internal WC

• Living Room

15.9 Vulnerable Applicants in Supported Housing

Eastleigh Borough Council follow pathways for referrals into supported

housing provisions. Prioritising and agreeing move on from supported

housing schemes to facilitate moves into independent accommodation with

floating support will be considered by the Housing & Homelessness Specialist

and agreed with the Health & Wellbeing Executive Head

15.10 ADHAC

An applicant who the Agricultural Dwelling Housing Advisory Committee

(ADHAC) recommends for re-housing unless they have the means to resolve

their own housing situation. Additional preference may be given if

recommended by the Committee.

15.11 Living in Tied or Armed Forces accommodation

Applicants living in Tied or Armed Forces accommodation.

15.12 Applicants wishing to be considered for difficult to let properties.

Are not in housing need, unless they are of a household type which could be

considered for housing which is normally difficult to let and they wish to be

considered for difficult to let. This will normally be sheltered and/or older

person accommodation and NOT bungalows.

15.13 Currently serving prison sentences

Applicants who are serving prison sentences and who on release will have a

housing need or be homeless and have a local connection to one of the HHC

local authorities. The applicants will be reassessed on release.

16. The Banding Scheme

Applicants, who are eligible and qualify to be accepted on to the Housing Register,

will have their housing need assessed and be placed into one of four bands:

• Band 1: Urgent Priority

• Band 2: High Priority

• Band 3: Medium Priority

• Band 4: Low Priority

17. BAND 1: URGENT PRIORITY

Applicants who fall into this category will be households who need to move

because of:

a) Emergency Cases – Usually on health medical or welfare grounds; or

b) Emergency Management Transfers

c) Special Cases agreed by the Housing & Homelessness Specialist and the

Health & Wellbeing Lead Specialist.

17.1 Emergency Cases

Very few cases are likely to be eligible for this category, it will apply to:

• Applicants assessed as having a life-threatening health condition that is

directly linked to unsuitable housing conditions and where the applicant has

been awarded an urgent medical or welfare assessment.

• Applicants requiring urgent hospital discharge where their current

accommodation is totally unsuitable for their needs.

• Applicants required to move for witness protection reasons, Multi-Agency Risk

Assessment Conference (MARAC) cases, Multi-Agency Public Protection

Arrangements (MAPPA) cases and Child Protection issues.

17.2 Emergency Management Transfers

Where an existing tenant of an RP provider in the partnership needs to be moved

immediately because of serious violence or harassment, where this has been

substantiated and management action against the perpetrator cannot resolve the

situation.

17.3 Other cases recognised as emergencies and at the discretion of the local

authority.

17.4 Urgent priority banding will be time limited for 3 months. Applicants will be

expected to bid for the next suitable vacancy. This can be extended where no

suitable property has arisen during the time period.

If a suitable property arises and the applicant is successful in bidding but refuses

the offer of accommodation, then their priority will be reduced to their original

Band.

17.5 Decisions regarding Emergency Management Transfers will be made by the

Council’s Housing & Homelessness Specialist and Registered Provider

concerned.

18. BAND 2 – HIGH PRIORITY

Applicants who fall into this category will be households who need to move

because of:

• Statutory Homeless Duties

• Overcrowding by Two Bedrooms

• Serious Disrepair

• High Medical Priority or Welfare Grounds

• Vulnerable applicants in Supported Housing ready for Move On agreed as per

15.9

• Existing Social Housing Tenants Under-occupying their Current

Accommodation

• Management Transfers - Where an existing tenant of an RP provider in the

partnership needs to be moved urgently, but does not need to move into the

next suitable available property as their situation does not require immediate

re-housing.

High priority banding will be time limited for 3 months. Applicants will be

expected to bid for the next suitable vacancy. This can be extended where no

suitable property has arisen during the time period. If a suitable property arises

and the applicant is successful in bidding but refuses the offer of

accommodation, then their priority will be reduced to original Band.

18.1 Statutory Homeless Duties

(a) Applicants who have been accepted by one of the Councils with a full duty

to house under the homelessness legislation and who are placed in

accommodation that is not suitable for their long-term needs or

(b) Where the lease for their Private Sector Leased (PSL) property is ending

through no fault of their own, or

to meet local homelessness priorities and pressures or

(d) Households occupying homeless temporary accommodation stock or

Private Sector Leasing Scheme (PSL) properties for 2 years.

18.2 Applicants assessed as having a Band 2 priority can be moved to Band 1 if there

are both urgent and exceptional circumstances.

19. BAND 3 – MEDIUM PRIORITY

Applicants who fall into this category will be households who need to move

because of:

a) Overcrowding by one bedroom

b) Temporary/insecure housing (including those occupying Armed Forces

accommodation who are close to the end of their service).

c) Lacking/sharing facilities

d) Medium Medical Priority or Welfare Grounds

e) Social housing tenants living in two bedroom flats that have two children

f) Social housing tenants living in a bedsit/studio for 2 years or over

g) Social housing tenants accepted in accordance with the Right to Move

Regulations.

h) Owed a Prevention or Relief duty under the Homelessness Reduction Act

2017.

20. BAND 4 – LOW PRIORITY

Applicants who fall into this category will be households who need to move

because of:

a) A low Medical Priority or Welfare Grounds

b) Living in tied or Armed Forces accommodation

c) Wish to be considered for difficult to let properties. This will normally be

sheltered and/or extra care accommodation.

d) Applicants who are serving prison sentences and who on release will have a

housing need or be homeless and have a local connection to the Eastleigh

Borough.

21. Determining Priorities under the Scheme of Allocations

Priority is awarded within each band by the date the application was placed in that

band. This date is known as the priority date.

21.1 If an applicant is moved up a band the application will be given a date when the

increased priority is awarded. This becomes the new priority date. An exception

to this is when armed forces members are given notice to leave their tied or forces

accommodation and are moved up from Band 4 to Band 3. In this case they will

be allowed to retain their original priority date.

21.2 Applicants who are assessed as not in housing need, but are of a household type

which could be considered for housing which is normally difficult to let and they

wish to be considered for difficult to let properties, will be placed in Band 4.

21.3 If an applicant has a serious housing problem that requires urgent consideration

for rehousing, their application will be reviewed by the Council’s Housing &

Homelessness Specialist and discussed with the HHC Manager and awarded

higher priority, if appropriate.

22. Determining Between Applications

When determining an allocation or nomination for a vacancy, the Council will

normally consider allocating according to the following rank orders:

• Suitable applicants within Band 1 the Urgent rehousing band (by date order of

approval as an agreed critical/urgent case)

• Suitable applicants within Band 2 (by priority date in the band)

• Suitable applicants within Band 3 (by priority date in the band)

• Suitable applicants within Band 4 (by priority date in the band)

22.1 A decision of the “suitability” of a particular applicant will also have reference to

the appropriate household size and accommodation eligibility criteria and criteria

set out below in Section.37.

23. Occupation/Property Eligibility Criteria

For vacancies, the following issues will be considered:

a) Achieving an appropriate balance between the following range of factors:

• management issues (e.g. child density, sensitive lettings, local lettings

policies, etc)

• balancing competing levels of demand between different household types

• making best use of available stock

• the particular design, layout and room sizes of the property

• whether the vacancy is deemed accessible to meet the needs of a disabled

person

• Housing Associations’ individual allocations policies

b) An applicant’s ability to maintain a tenancy (particularly when moving on from

supported housing).Assessing what households are eligible for designated

property size.

24. Accommodation for Disabled People with Access Needs

Properties that have been designed or adapted to meet the needs of disabled

people) will be prioritised for people who have access needs (or families with a

disabled member who has access needs).

Disabled people with access needs (or families with a disabled member who has

access needs) will be considered for other vacancies by virtue of their ranked

position on the housing register where it is reasonable and practicable to adapt

that property.

25. Direct Match

In certain circumstances the Council will allocate a property directly to an

applicant which is known as a direct match. The advert will clearly state that the

property has already been allocated to an applicant with a specific need.

Examples of when a direct match may take place are:

• Applicant requires a specifically adapted property

• Urgent management decant required

• Applicant is subject to Witness Protection, MAPPA or MARAC and requires

specific accommodation in a specific area

26. Properties not included in the scheme

Whilst most allocations will be managed through the choice based allocation

process, there will be some circumstances when it is necessary to exclude

vacancies from the process.

Examples of lettings which may be excluded are as follows:

• Decants to allow repairs to be carried out

• Temporary accommodation for households who are homeless or may be

threatened with homelessness

• Supported housing

• Extra-care housing

• Management cases for an existing social tenant.

• Community safety issues, such as MAPPA or witness protection

27. The Administration and processes governing the Choice Based Lettings

Scheme

27.1 Eastleigh Borough Council operates a choice based lettings scheme in

partnership with Havant and Test Valley Boroughs, Winchester City and East

Hampshire District Councils and has agreed a common approach to the

assessment of applications and the choice based lettings processes for the

purpose of allocating social housing across the sub region.

27.2 The choice based lettings processes and administration of the scheme are

annexed to Eastleigh Borough Council’s Scheme of Allocations.

28. The Right to Review

Applicants have the right to request a review of any aspect of their housing

application assessment made by the council when assessing their application for

housing, under the Housing Act 1996, Part 6. This includes decisions regarding

eligibility, qualification, housing need assessments and the suitability of offers of

accommodation.

29. The process of Review

An officer senior to the person making the original decision and who was not

involved in making the decision will carry out the Review.

29.1 A request for a Review must be made within 21 days of the decision providing the

reasons for the Review. The Council has discretion to extend the time limit if it

considers this would be reasonable. If further information is needed, the applicant

will be invited to write or, if unable to do this, make oral representation.

29.2 The applicant may also appoint someone on his or her behalf to do this. If the

reviewing officer finds that the original decision did not take relevant information

into account they will refer the case back for re-consideration. The applicant will

be notified of the Review decision within 56 days of the request for a Review.

30. Complaints Procedure

30.1 Internal

If an applicant is dissatisfied with any aspect of their application, other than where

a review can be made, they should follow the Council’s published complaints

procedure, available on the Council’s website or on request.

30.2 The Local Government Ombudsman

If an applicant is not satisfied with the action taken by the Council and has

exhausted the complaints procedure available, they can send a written complaint

to the Ombudsman. The Local Government Ombudsman can be contacted at:

Local Government Ombudsman, PO Box 4771, Coventry CV4 0EH.

Phone:0300 061 0614

Fax: 024 7682 0001 Website: www.lgo.org.uk

Annex – Processes and administration of Choice Based Lettings in Eastleigh

Section 1 – Processes, Applications and Assessment

1 Applications and Assessment

Anyone requiring assistance to complete an application for housing can contact

the Council who will be able to offer them advice and support in making an

application for housing.

1.1 Registration and Priority Date

New applications will be registered from the date they apply to be registered on

the Housing Register. For on-line applications this will be the date the on-line

application is completed. For the purposes of a paper application form, this will

be the date the application form is received by the Council. This date is known as

the registration date.

Under the Scheme of Allocations all applications for housing are assessed and

placed in one of four bands depending on their housing need. Priority is awarded

within each band by date the application was placed in the band. This date is

known as the priority date.

1.2 Household

When applicants join the list, and whenever an application is reviewed, an

assessment will be made of the make-up of the applicant’s household. This

assessment will normally be straightforward, but decisions may need to be made

as to whether individuals included on an application form are accepted by the

Council as being part of the household who, in the event of re-housing, will be

accommodated with the applicant. The size and make-up of the household will

determine the bedroom requirement. (see Appendix 3).

1.3 Individual Assessments

Once a completed form or on-line application has been received, the relevant

Housing Team will then undertake an assessment of housing need against this

Policy. The date of registration, health and welfare needs are taken into account

in the assessment. If additional information is required, a Health and Welfare

Assessment form will be sent out to be completed.

Providing the applicant is eligible and qualifies for the Housing Register and the

application has been completed fully, it will be registered onto the Hampshire

Home Choice Housing Register. Through the assessment process, each

applicants housing needs will be considered and a level of priority awarded by

placing the applicant in one of four bands.

A letter will be sent to the applicant within 10 working days of receipt of all relevant

information, confirming their application reference number, the date the

application was registered, their banding and their assessed bedroom need.

As a result of the partnership between the participating Councils, the five registers

are effectively merged into the Hampshire Home Choice Register and operate

under the Allocations Framework.

1.4 Missing Information and Incomplete Applications

If further verification is required, the applicant will be contacted in writing to

provide the information necessary to assess their application. Any applicant who

does not provide the requested information within 28 days will be assumed to no

longer require housing and their application will be cancelled accordingly.

Paper application forms not completed fully will be returned to be completed. On-

line applications which are not completed within 28 days will be cancelled.

1.5 Applicants not eligible and do not qualify

If the applicant is considered to be ineligible or does not qualify for the Housing

1.6 Cancelling and Suspending Applications

If information is obtained that gives reason to believe that an applicant who has

already been accepted onto the Housing Register is, in fact, ineligible or no longer

qualifies to be on the Register, or their circumstances may have changed, their

application may be suspended or cancelled. The applicant will be informed in

writing and they will be given 28 days to provide the requested information. If they

do not reply within this period, or if they reply but the Council still believes them

to be ineligible or no longer qualifying, they will be removed from the Housing

1.7 Change in Circumstances

Applicants who move to a new address or whose circumstances change after

they have been accepted onto the Housing Register (e.g. - who wish to add or

remove someone on their application or a change in income or employment, etc.)

should immediately contact the Council with which their application for housing is

registered to notify them of the changes and arrange to complete any necessary

forms.

Eligibility and qualification for the Register may be reconsidered when there is a

change in circumstances.

1.8 Remaining on the Housing Register

Applicants will be required to renew their housing application, on an annual basis,

on the anniversary of their relevant application date – known as the “renewal

date”.

If applicants fail to voluntarily renew their application they will be sent a written

reminder to do so within 21 days of the renewal date. Any applicant who does not

renew their application within 28 days of receiving their reminder letter to do so

will be assumed to no longer require housing and their application will be

cancelled accordingly.

If an applicant makes contact within 6 months of their original application being

cancelled, this application will be reinstated.

If contact is not made within 6 months and satisfactory evidence is provided of an

incapacity causing the failure to renew, the application can be reinstated from the

date of the original application.

Eligibility and qualification for the list may be reconsidered when an application is

being reviewed.

1.9 Confidentiality

Information regarding a person’s application for housing will not be disclosed to

any third party or member of the public without the applicant’s express consent

unless the Council is required to do so legally. By signing the housing application

form, an applicant gives consent for the relevant Council to make enquiries with

regard to their housing need and their potential ability to manage a future tenancy.

The declaration also gives express consent to share such information with partner

Registered Providers or other social housing providers when nominating

applicants to be tenants of their properties.

1.10 False or Misleading information

If an applicant knowingly or recklessly gives false information or knowingly

withholds information which the Council has reasonably required of him/her, an

offence is committed. In all such cases the Council will consider a prosecution for

the offence in which an applicant may be subject to a fine of up to £5,000 under

the Housing Act 1996. If an applicant has accepted a tenancy on the basis of

using false or withholding information, the landlord may apply to the court for

possession of the property.

1.11 Right to Review

All decisions with regard to the Scheme of Allocations are subject to Review

should the applicant be dissatisfied with a decision. This right to a Review includes

decisions regarding eligibility, qualification, housing need assessments and the

suitability of offers of accommodation. A request for a Review should be made to

the Council. An officer senior to the person making the original decision and who

was not involved in making the decision will carry out the Review.

A request for a Review must be made within 21 days of the decision providing the

reasons for the Review. The Council has discretion to extend the time limit if it

considers this would be reasonable. If further information is needed, the applicant

will be invited to write or, if unable to do this, make oral representation. The

applicant may also appoint someone on his or her behalf to do this. If the

reviewing officer finds that the original decision did not take relevant information

into account, they will refer the case back for re-consideration, or amend the

application. The applicant will be notified of the Review decision within 56 days of

the request for a Review.

Section 2 – Allocations and Lettings

1.12 Available Properties

100% of social lettings to which the Council has nomination rights will be made

available through the scheme. The Council may agree some specific exceptions.

1.13 Properties not included in the scheme

Examples of lettings which may be excluded are as follows:

• Decants to allow repairs to be carried out

• Temporary accommodation for households who are homeless or may be

threatened with homelessness

• Supported housing

• Extra-care housing

• Management cases for an existing social tenant.

1.14 Cross Boundary Moves

A 10% pool of properties across Test Valley, Havant, East Hants and Winchester

will be available for cross boundary moves. The 10% figure will be calculated

based on the total number of lettings from the previous year. This total will be

equally divided between the four local authorities and those properties will be

advertised as being available for cross boundary moves.

The following properties will be excluded:

• New-build properties unless specifically agreed

• Properties that are provided under Rural Exception Site policies and which are

subject to any specific requirements to meet local housing needs through

agreements under Section 106 of the Town & Country Planning Act 1990

• 4+ bedroom properties

• Sheltered housing.

Eastleigh Borough housing register applicants will not initially be included in the

arrangements for cross boundary moves. It is hoped that Eastleigh will be able to offer

this benefit to applicants at a later date.

1.15 Direct Match

In certain circumstances, the Council will allocate a property directly to an

applicant which is known as a direct match. The advert will clearly state that the

property has already been allocated to an applicant with a specific need.

Examples of when a direct match may take place are:

• Applicant requires a specifically adapted property

• Urgent management decant required

• Applicant is subject to Multi-Agency Public Protection Arrangements or Multi-

Agency Risk Assessment Conference and requires specific accommodation

in a specific area

• Witness Protection.

1.16 Advertising Properties

Vacant Social Housing to which the Council has nomination rights will be

advertised through the Choice Based Lettings scheme. Adverts will be available

at locations throughout Eastleigh including the Council offices in which free

internet access is available. Details of available properties will also be placed on

the Hampshire Home Choice web site at www.hampshirehomechoice.org.uk

The Council and Registered Providers will arrange for each vacancy to be

advertised and will specify the requirements for each property. Some properties

may be labelled by the Council to enable the development of sustainable

communities. For new developments this may include Local Lettings Policies.

Depending on the Council’s strategic needs, the labelling of properties may

include certain restrictions, e.g. some social housing may only be offered to

people who have an assessed support need or for transferring tenants.

The advertisement will usually include details such as the following:

• The Registered Provider (landlord)

• The weekly rent, including all other service charges

• Whether property is a social or affordable rent

• Whether property is let on a fixed term tenancy

• Properties available for cross boundary moves

• The anticipated date the property will be ready for occupation

• The recommended number of permitted occupants

• Any age limits e.g. for households with children, for sheltered accommodation

for older/disabled persons or any landlord specific requirement

• Whether the property is restricted by a Planning Obligation under section 106

of the Town and Country Planning Act 1990 where offers of tenancies may

only be made to applicants with a strong local connection to a rural exception

site

• Village vacancies subject to local connection restrictions

• Accessible housing e.g. wheelchair adapted.

• Whether pets are allowed.

1.17 Bidding

All eligible and qualifying applicants can make bids for properties advertised by

telephone or online via the website. Full details of how to bid are set out in the

Hampshire Home Choice User Guide. This can be found on the Hampshire Home

Choice website or directly from the Council.

Applicants can only bid for up to three properties for which they are eligible per

bidding cycle. There is a weekly bidding cycle although this may change at times

during the year subject to agreement from the five Councils.

1.18 Multiple Bidding

For new developments, the same property types will be covered by one advert.

Applicants only need to place one bid to be considered for all the property type

covered by the advert.

1.19 Assisted Bids

All applicants are expected to make bids themselves but in limited circumstances

those who do not bid for properties may receive a direct bid. Since service user

participation is a critical part of Choice Based Lettings the Council recognise that

some vulnerable applicants may require assistance in making bids. To ensure

that vulnerable households have fair access to the scheme applicants with

support needs and those who have language difficulties will be supported by the

Council, or an appointed support provider which may include assisted bidding.

1.20 Assessment of Bids

Priority within the band is decided by the date the application was awarded that

band.

Registered Providers taking part in the scheme will have access to the shortlist of

applicants who have made a bid for the property. The applicant with the highest

priority and who meets all of the advert and preference criteria and who is

therefore at the top of the shortlist will be nominated to the Registered Provider.

Once a bid is accepted the letting of property will be organised by the Registered

Provider.

1.21 Applications for a property when more than one applicant has identical preference

Where two or more eligible applicants apply for a property and have the same

priority band and have the same priority date, the Council will carry out a housing

needs assessment of the applicant to determine who may have the highest

housing need for the property. Regard may also be given to which household size

and family make-up may make best use of the property.

If an applicant’s housing need, household size and family make-up are similar,

then the length of residency connection with the district shall be considered with

the household with the longest residency connection with the Council from where

the property is being advertised getting priority.

This will also be applied in the event of a property being advertised as available

for cross boundary moves.

1.22 Reasons why a Registered Provider may refuse a nomination

If for any reason the Registered Provider wishes to refuse an applicant, the

Registered Provider is required to notify the Council. The Council will re-nominate

to the next suitable applicant on the shortlist.

If there are no eligible bids or the shortlist has been exhausted the property will

be re-advertised. For grounds for refusal see Appendix 6.

1.23 If a Registered Provider refuses a nomination, they must inform the applicant of

their reasons for refusal and of their Review Process.

1.24 Verification

The Council will verify all information provided by the applicant that is relevant to

their eligibility and qualifying for an allocation of accommodation. Further

verification, which may include inviting the applicant for an interview or completing

a home visit, will be required at the time an applicant is allocated a property and

the Council may check information with other sources as allowed by the law.

Applicants will be expected to provide documentary evidence that all persons

included on the application are resident at the address applied from. Applicants

will also be required to provide any additional proof considered appropriate to

confirm the applicant’s circumstances.

Registered Providers may carry out their own verification processes and these

will be in addition to those carried out by the relevant Council’s verification.

1.25 Offer of Tenancy

Once all verification processes are completed, the Registered Provider makes an

offer of the vacancy to the successful applicant.

1.26 Difficult Lets

If there are no eligible bids for a property, it will be re-advertised by HHC. In some

cases the eligibility criteria may be relaxed.

Once a bid is accepted the letting of property will be organised by the Registered

Provider.

1.27 Refusals

An applicant, who successfully bids, is nominated and is offered suitable

accommodation by a Registered Provider but subsequently refuses an offer on

two occasions within a six month period will not be able to bid for further properties

for six months from the date of the refusal of the second property.

1.28 Feedback

All successful lettings will be reported on the Hampshire Home Choice website.

The reports show the number of bids for each property, the band and the priority

date of the successful applicant.

1.29 Fair Allocations

The Councils are committed to providing equality of opportunity to all applicants

who apply for housing. The monitoring of allocations under the scheme will take

place to ensure that everyone is treated fairly. All applicants applying for social

housing across the five authorities will be assessed by way of an assessment of

housing need.

1.30 Equality

The Council is subject to the general public sector equality duty in the Equality

Act 2010. The Council and its partner Registered Providers are committed to

providing equality of opportunity to all individuals who apply for re-housing.

Monitoring of applications and lettings may take place to ensure that everyone is

being treated fairly.

1.31 Changes to the Scheme

The Scheme of Allocations will be reviewed and updated where necessary. This

will help to ensure that the policy meets legislative and best practice requirements.

1.32 Monitoring

The Council attends a quarterly HHC Board meeting which is attended by

representatives and members from each of the Councils and representatives from

the Registered Providers.

The annual review will also ensure that each authority is not disproportionately

affected as a result of cross boundary migration between Council areas.

1.33 Complaints

If an applicant is dissatisfied with any aspect of their application, other than where

a review can be made, they should follow the Council’s published complaints

procedure, available on the Council’s website or on request.

www.eastleigh.gov.uk

1.34 Access to Personal Information

In accordance with the Data Protection Act 1998, & General Data Protection

Regulations, people have a right to see what information is kept about them on

written records. (please note a fee may be charged) As far as possible the Council

will make this available, subject to certain restrictions. If you wish to view your

records, please contact the Council:

EastleighBorough Council,

Eastleigh House

Upper Market Street

Eastleigh

SO50 9YN.

023 8068 8000

[email protected]

1.35 The Local Government Ombudsman

If an applicant is not satisfied with the action taken by the Council or a Housing

Association and has exhausted the complaints procedure available, they can

send a written complaint to the Ombudsman. The Local Government

Ombudsman can be contacted at:

Local Government Ombudsman,

PO Box 4771, Coventry CV4 0EH.

Phone:0300 061 0614

Fax: 024 7682 0001

Website: www.lgo.org.uk

Appendix 1 – Sensitive Lettings

Purpose

The purpose of the Sensitive Lettings Policy is to create sustainable and cohesive

communities in relation to individual lettings where there may be need to redress the

balance of the community.

Objectives

In these cases the Registered Provider is departing from the routine allocation process.

Instead of allocating a property to the applicant at the top of the shortlist with the most

housing need the landlord considers the suitability of the applicant for the vacancy, on

the basis of the information they have about the applicant and the knowledge they have

about the property, its location or the neighbours.

In allocating housing the Registered Provider needs to balance a range of factors:

• the individual's housing need;

• the suitability of the property for that applicant;

• to create a community that is sustainable;

• to ensure current and future tenants feel safe;

• to protect the public and residents from nuisance and anti-social behaviour;

Preference will be given to applicants who are able to demonstrate that they will be able

to manage a tenancy successfully and using the following cascading mechanism:

a) Applicant or partner is resident within the local authority area and employed in paid

work.

b) Applicant or partner is employed in paid work and has a local connection to the local

authority area.

c) Are registered on Hampshire Home Choice.

Exclusions

Applicants will not be considered for a property advertised as a sensitive let where there

is evidence of known history or convictions for the following;

• criminal behaviour

• anti-social behaviour

• drug abuse

• drug dealing

• breaches of any tenancy with any landlord

• rent arrears.

The landlord may request additional information from other partner agencies such as the

Police, Probation Service, Primary Care Trust, Drug and Alcohol Services and former

Landlord in determining suitability for a property subject to the Sensitive Lettings Policy.

Process

If a landlord wants to advertise a property as a sensitive let they will need to provide

evidence to the Council and on the reasons why the property is required to be let on a

sensitive let basis. The Council will have to agree to any property being advertised as a

sensitive let.

The property advert will clearly state the property is subject to a Sensitive Lettings Policy.

Once the shortlist has closed, the Council will nominate in accordance to the preference

criteria within the Sensitive Lettings Policy. If for any reason the Registered Provider

wishes to refuse an applicant the Council can re-nominate.

Right to Review

An applicant has the right on request to be informed of any decision about the facts of

their case which has been taken into account in deciding whether to make an allocation

of a sensitive let to them.

Equality Impact Statement

This Sensitive Lettings Policy does not discriminate directly or indirectly and has given

regard to the Equality Act 2010 to ensure no one is treated unfairly and has equal

opportunities to access housing.

The Council is using its powers under the Localism Act 2011 to enable applicants who

are working to access housing by framing their allocation’s scheme so as to enable

specific properties to be allocated to those in employment through the use of Local

Lettings Policies.

Monitoring

The effectiveness of properties being advertised as sensitive lets will be monitored on a

regular basis. A property should only be advertised as a sensitive let if this is absolutely

necessary to address the situation and any housing management issues.

Appendix 2 – Owner Occupiers

Owner occupiers, who apply to join the Housing Register, would not qualify unless there

are exceptional circumstances or they wish to be considered for a difficult to let property

designated for those aged over 55 years.

In considering those exceptional circumstances the Council will need to be satisfied that

the applicant is in housing need and is unable to resolve their own housing circumstances.

Applications will be assessed case by case, taking all relevant information into account.

In assessing whether an applicant is in housing need the following will be considered:

(a) the suitability of their present accommodation – whether current accommodation is

adequate for their situation taking into account state of repair, health, employment,

family support and whether an applicant’s situation is likely to deteriorate.

(b) the applicant’s financial circumstances – whether their income, savings or the equity

within any property they own is sufficient to secure alternative suitable

accommodation. The Couincil may take into account the current house prices locally

in making its decision.

In some cases the Council may consider it reasonable for the applicant to be able to

secure accommodation in the private sector. However due to a shorthold tenancy

being only available initially for a limited term this may not always be appropriate.

benefit from sheltered housing.

Sheltered housing is usually designated for those aged over 55 years. In some cases the

scheme may only be available for those aged over 60 or 65 years of age. In some cases

the scheme landlord may carry out a needs assessment to assess if an applicant is

eligible for their scheme.

If an applicant is assessed as qualifying for an allocation this does not guarantee they will

be allocated a property. An applicant will have to also meet the criteria set by the scheme

landlord especially in cases where the landlord may have charitable status.

Where an applicant who is an owner occupier has been assessed as a qualifying person

as a result of having a housing need and a need for sheltered housing, they will only

qualify for an offer of sheltered housing and will not qualify for an offer of a general needs

property or a bungalow restricted to older applicants..

Appendix 3 – Definition of a Household

Any person wishing to be included as part of an applicant’s household must satisfy the

Council that they are a permanent member of the applicant’s household and show that it

is reasonable to expect them to reside with the applicant on a continuing basis.

In the case of a separated household or where residence of children is shared between

parents, it would not normally be considered reasonable for a child who has a suitable

home with one parent to be taken into account when considering the housing needs of

the other parent.

In all such cases, an assessment will be carried out to decide who should be considered

to be part of the household and the following factors will be taken into consideration along

with any other relevant facts:

• Access of people included on the application to other suitable accommodation

• Previous living arrangements

• Actual living arrangements

• Preferred living arrangements

• Evidence of longstanding residence and commitment to being part of the

household

• Likely longer-term living arrangements

• Special circumstances

• Information from Children’s or Adult Services.

Applicants requiring a Carer

Where the applicant states that they require a carer to live with them who would not

normally be considered to be part of the household, then the Council will decide whether

the carer is part of the household or could reasonably be expected to be part of the

household. In most cases, care can be provided without the provision of a separate

bedroom for a carer.

Each case will be dealt with on its own merits, and the following factors will be taken into

consideration along with any other relevant facts:

• Whether there is an established need for live-in 24 hour care

• Availability of supported or extra-care housing which may meet the applicant’s

needs

• Current living and care arrangements

• Likely future living and care arrangements

• Special circumstances

• Information from Adult Services

Other cases may arise where there are queries about households (e.g. where adult sons

or daughters return home or where distant relatives or 3 generation families or friends are

included on the housing application.)

Appendix 4 – Health and Welfare Assessment

This policy along with the HHC Allocation Framework and current Scheme of Allocations

explains how and when a Health or Welfare award can be given to applicants and what

evidence is needed in order to support additional priority under Health or Welfare

grounds.

The health and welfare of an applicant or a member of their household will be assessed

on the basis of the effect of their current property on their condition, and how a different

property would improve the applicant’s health or welfare. A health or welfare issue in this

context means a physical or mental illness, disability or incapacity, including behavioural

syndromes, problems of physical or mental development and disorders related to drugs

and / or alcohol. The assessment is based on a holistic approach, which takes account

of psychological and social factors alongside physical issues.

To qualify for an award the condition must be made worse by your present housing

and your health or welfare must also be likely to be improved by moving to

alternative accommodation.

Please note that a health or welfare award does not necessarily mean that your

application will move into a higher Band.

The following table shows which awards are available and which Band an application will

be placed into if the award is made:

Health and Welfare Table

Priority

level

Definition

Priority

Band

Urgent

There is a critical need to move. The current housing situation is seriously

detrimental to health and interferes with quality of life to an intolerable

degree.

Band 1

High

There is a high medical need to move. The current housing situation is

detrimental to health and interferes with the quality of life to a high degree.

Band 2

Medium

There is a moderate medical need to move. The current housing situation

is detrimental to health and interferes with the quality of life to a moderate

degree.

Band 3

Low

There is a slight medical need to move. The current housing situation is

detrimental to health and interferes with the quality of life to a low degree.

Band 4

None

There is no medical need to move or a move would offer no improvement.

The current housing situation is not detrimental to health and does not

interfere with the quality of life.

Priority

Health and Welfare Assessment Form

Applicants only need to tell us about problems if they think that their health or welfare is

being made worse by their housing and that it would improve if they moved.

Applicants can discuss their situation with the Council. Housing options may be offered

to assist applicants to resolve any issues they may be experiencing in the first instance.

If an applicant’s condition is made worse by their present housing and their health or

welfare is also likely to be improved by moving to alternative accommodation they will be

sent a Health and Welfare Assessment form.

Only one award can be given to a household. Where more than one household member

has a health condition an assessment will be made taking into account everyone’s health

or welfare needs and the highest award applicable will be made.

Health and Welfare Assessment Process

The Health and Welfare Assessment Panel is made up of two members of the Housing

department who will assess an applicant’s Health or Welfare assessment form against

the criteria shown within the Health and Welfare table based on all of the information

provided by the applicant about themselves and their household and according to the

guidelines in the table.

If further information is necessary before a decision can be made, the Housing

department will write to the applicant, their general practitioner or any other agency

regarding additional information relating to the Health and Welfare application. They may

also contact an independent medical advisor regarding the case if this is necessary.

The Health and Welfare Assessment Panel will usually meet on a 2 weekly basis,

although Winchester City Council’s Panel is held on a weekly basis.

Additional Bedrooms

Applicants can apply for an additional bedroom due to their medical needs. Evidence will

be required to support any requests for an additional bedroom. Usually the only

circumstances in which an additional bedroom will be awarded is where an applicant

requires a full-time live-in carer who is not part of the normal household.

Adapted properties

Applicants who need a home suitable for wheelchair users may need to provide a report

from an Occupational Therapist before an offer can be considered.

When allocating properties suitable for wheelchair users, or with any other adaptations

for disabilities, or when allocating ground floor accommodation, priority will be given to

applicants who have an assessed housing need for these properties and where evidence

has been provided.

What to do if you disagree with our decision

All decisions with regard to the Scheme of Allocations are subject to Review should the

applicant be dissatisfied with a decision. A request for a Review should be made to the

Council. An officer senior to the person making the original decision and who was not

involved in making the decision will carry out the Review.

Details of the Right to Request a Review are shown in 28 and 29.

It is important to remember that it is for the Council to make decisions in the administration

of housing applications. Only the Council will be able to determine priority in line with the

Scheme of Allocations.

The Council may where necessary take into account medical professional’s information

about medical conditions and any need for alternative housing as a result of that condition

and any impact of the current housing on such a condition but the Council will make the

final decision.

Appendix 5–Cancelling and Suspending Applications

1. Reasons for suspending an application:

• Adequately housed

• Applicants request

• Rent arrears – temporary accommodation

• Awaiting documentation

• Evicted for rent arrears / nuisance

• Intentionally homeless

• No recent contact

• No response to offer

• Offer refused

• Person from abroad

• Rent arrears

• Unacceptable behaviour

• Under investigation

• Under offer

2. Reasons for cancelling an application:

• Applicant became ineligible

• Applicant gone away / no contact

• Cancelled at applicants request

• Data error

• Deceased

• Failure to respond within the time limit

• Housed by Local Authority

• Housed through shared ownership

• Housing by social landlord or other

• Housing Register review

• Housing review not returned

• Made own arrangements

• Mail returned as no longer at that address

• Moved away

• No longer wishes to be on list

• No response to contact letter

• No response to correspondence

• Non-qualifying person

• Unsuitable to be a tenant

Appendix 6 - Reasons for refusal of a nomination by a Registered Provider

A Registered Provider may refuse a nomination from the Councils for the following

reasons:

• Anti-social behaviour

• Area unsuitable

• Change of circumstances

• Does not meet age criteria

• Does not meet financial criteria

• Does not require ground floor

• Does not meet criteria

• Does not meet local lettings policy

• Efficient management of stock

• Fails to meet accommodation criteria

• Financially secure

• Geographic exclusion

• Health reasons

• Incomplete agency information

• Incomplete application

• Incomplete verification by applicant

• Management decision

• Needs supported housing

• No support package in place

• No vacant possession guarantee

• Non-compliance with tenancy conditions

• Non engagement with services

• Not ground floor

• Offered to another shortlist

• Owner occupier

• Previously bypassed

• Previously refused

• Previously refused by Registered Provider

• Property unsuitable

• Rent arrears

• Rent Deposit Loan Scheme and/or deposit scheme debt to the Councils

• Requires ground floor

• Sensitive let

• Suspected fraudulent application

• Unable to proceed

• Other reason – which may not fall within any of the above