Hillingdon Council Cabinet Member and Officer Decisions
Social Housing Allocation Policy and Local Lettings Policy
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Democratic Services Location: Phase II Ext: 0692 DDI: 01895 250692 My Ref: NF To: COUNCILLOR IAN EDWARDS LEADER OF THE COUNCIL COUNCILLOR EDDIE LAVERY CABINET MEMBER FOR ENVIRONMENT, HOUSING AND REGENERATION c.c. All Members of Executive Scrutiny Committee c.c. Tony Zaman, Social Care c.c. Debby Weller, Residents Services c.c. Chairman of the Social Care, Housing and Public Health Policy Overview Committee c.c. Conservative and Labour Group Offices (inspection copy) Date: 12 March 2021 Non-Key Decision request Form D Social Housing Allocation Policy and Local Lettings Policy Dear Cabinet Member Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision, as such the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Monday 22 March 2021 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied, and return it to me when y ou have made your decision. I will then arrange for the formal notice of decision to be published. Neil Fraser Democratic Services Officer Title of Report: Social Housing Allocation Policy and Local Lettings Policy Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ………………………………………………………Date…………………….. Leader of the Council / Cabinet Member for Environment, Housing and Regeneration Cabinet Member Report – 12 March 2021 Page 1 (Part 1 Public) Social Housing Allocation Policy and Local Lettings Policy Cabinet Member(s) Councillor Ian Edwards Councillor Eddie Lavery Cabinet Portfolio(s) Leader of the Council Cabinet Member for Environment, Housing and Regeneration Officer Contact(s) Debby Weller – Planning, Environment, Education and Community Services Papers with report Appendix 1 Social Housing Allocation Policy; Appendix 2 Local Lettings P olicy for Avondale and Austin Road Estates HEADLINES Summary To consider updates to the Council's Social Housing Allocation Policy and a Local Lettings Policy regarding the regeneration of Avondale and Hayes Town Centre Estates to establish specific lettings arrangements. Putting our Residents First This report supports the following Council objectives of: Our People; Our Built Environment; Financial Cost There are no direct financial implications arising from the recommendations to this report. Relevant Policy Overview Committee Social Care, Housing and Public Health. Relevant Ward(s) All. RECOMMENDATIONS That the Leader of the Council and Cabinet Member for Environment, Housing & Regeneration: 1. Approve the amended Social Housing Allocation Policy at Appendix 1, and 2. Approve the Local Letting Policy for Avondale and Hayes Town Centre Estates at Appendix 2 Reasons for recommendations The changes are sought to ensure that the policies in place allow for allocations required to support the regeneration proposals for Avondale and Hayes Town Centre Estates. Cabinet Member Report – 12 March 2021 Page 2 (Part 1 Public) Alternative options considered / risk management The alternative option would have been to leave the Social Housing Allocation Policy as at present and to proceed without Local Lettings arrangements. The former could leave the Council open to legal challenge and the latter would prevent a timely dec anting process and jeopardise the efficient and fair delivery of the proposed regeneration at Avondale and Hayes Town Centre Estates. Democratic compliance / previous authority Under the Cabinet Scheme of Delegations, the Leader of the Council and relevant Cabinet Member can approve and amend service level policies. Policy Overview Committee comments None at this stage. SUPPORTING INFORMATION Background 1. On 22 nd October 2020, Cabinet agreed to explore a redevelopment option for Hayes Town Centre and Avondale Estates, subject to consultation with residents on a possible design and rehousing offer which would culminate in a resident ballot on the proposals. T he Council is currently consulting with residents and the feedback received points to the need to establish a local lettings policy specific to these two estates. There is a need to ensure that the policies we have in place allow for allocations required to support the regeneration proposals for Hayes Town Centre Estate and Avondale Estate. 2. It is intended that this is primarily achieved through local lettings arrangements, however , there are some aspects of the Social Housing Allocation Policy that also require amendment. 3. The proposals will ensure that council tenants and some others who are directly impacted by the regeneration proposals will be treated as priorities for social housing allocations and they seek to encourage cohesive communities. They will also ensure that decanting arrangements can be put in place in an efficient manner. Amendments to the Social Housing Allocation Policy 4. Section 5.11 of the Council’s Social Housing Allocation Policy describes how the Council agrees local lettings policies for new developments. For the avoidance of doubt, this section has been extended to make specific reference to Avondale and Hayes Town Centre Estates. Additional text has also been included in Section 6 for clarity that a direct Cabinet Member Report – 12 March 2021 Page 3 (Part 1 Public) nomination can be made to tenants being decanted as a result of regeneration and in Section 13.5 relating to priority for tenants permanently decanted as a result of a Council regeneration programme over other Band A applicants. For ease of identification, t hese amendments are shown in red on the amended Social Housing Allocation Policy at Appendix 1 on pages 18,19,20 and 35. Local Lettings Policy 5. The Local Lettings P olicy provides a framework for C ouncil tenant s affected by the regeneration programme. It sets out the principles and procedures adopted by the Council for the allocation of housing to tenants affected by the regeneration programme and facilitates rehousing into suitable alternative accommodation. The Policy will help to ensure the delivery of the development proceeds in a timely manner and to create sustainable communities in the regeneration areas. 6. Those eligible under the Local Lettings Policy are: • Secure Council residents, including those with lifetime, fixed term or probationary tenancies • Registered provider assured tenants • Council temporary accommodation tenants living on the estate where a homelessness relief or main duty has been accepted to rehouse and/or they have been on the housing register for over 12 months at the time of the Estate Regeneration Ballot • Private Tenants – living on the estate for over 12 months and who have been on the housing register for 1 year at the time of the Estate Regeneration Ballot and have been placed in Band A or Band B 7. All residents in the eligible groups will be awarded a Band A and will be given a higher priority than other Band A applicants in terms of their rehousing. Secure Council residents and registered provider assured tenants can decide either to move to one of the new homes provided by the regeneration or to bid for an alternative social sector, Council or Registered Provider owned dwelling, via Locata. Those secure Council tenants and registered provider assured tenants moving temporarily will have a right to return to the estate once new homes are complete. Eligible council temporary accommodation tenants and private tenants will also be awarded a Band A . They will b e able to bid for a social sector home elsewhere in the B orough. They may be allocated a home in the new development, dependent on availability after the needs of secure C ouncil and registered provider assured tenants are met, but this is not guaranteed. 8. By including those in temporary accommodation and some private tenants on the estate among those eligible for rehousing under the Local Lettings arrangements, the Council has been relatively generous compared to some other l ocal authorities under -taking regeneration. This has been done in recognition that many of these households have been resident on the estate for a considerable period of time and have a demonstrable housing need. The Local Lettings Policy has , however, restricted eligibility of private tenants to those in the highest housing Bands , A & B. This is considered a proportionate response taking into account housing needs in the Borough as a whole and research has shown that it is in line with practice in some other boroughs i.e. Tower Hamlets, Barnet. Cabinet Member Report – 12 March 2021 Page 4 (Part 1 Public) 9. The number of bedrooms that the household will be entitled to are as set out in the Social Housing Allocation Policy, however , the household members eligible can include non- dependent adult children. In some instances, the Council may consider providing two allocations for households that are willing to split in return for down trading in property size. 10. For those under-occupiers affected by the regeneration proposals, the Council is prepared to allocate one extra bedroom in addition to their need requirements, subject to this being affordable to the tenant. 11. The Local Lettings Policy is included in full at Appendix 2. It may be revised during the course of the regeneration programme and will cease to apply once the regeneration programme has been completed. Financial Implications This report seeks approval for the amended Social Housing Allocation Policy at Appendix 1, and to approve the Local Letting Policy for Avondale and Hayes Town Centre Estates at Appendix 2. There are no direct costs associated with the implementation of the amended Social Housing Allocation Policy as it is primarily concerned with the maintenance and management of the Housing Waiting list. An Allocation policy can impact on the value obtained from the Social Housing stock through its influence on access and therefore the value obtained by the Housing Revenue Account. This in turn may impact on the general fund costs relating to temporary accommodation through changes to levels in demand. Any specific financial implications relating to housing demand and supply as part of potential housing regeneration on the Avondale and Hayes Town Centre Estates will be considered as part of the housing regeneration project which is kept under review through the MTFF budget setting and monthly budget monitoring processes. RESIDENT BENEFIT & CONSULTATION The proposed allocation arrangements will provide priority for tenants disrupted by the regeneration proposals. This is in line with ‘Better Homes for Local People: The Mayor ’s Good Practice Guide to Estate Regeneration’ which states that ‘ Social tenants who m ust move into a new home temporarily as a result of estate regeneration should be awarded high priority in the local allocations policy.’ The regeneration programme will in itself provide additional lettings and it is expected that most people from the estates will move directly to a new home. Those that need to move temporarily will be mostly confined to the first phase of the regeneration. It is not consequently expected that the impact on lettings to other applicants will be disproportionately large. The Local Lettings Policy has been developed taking into account the views of residents expressed during consultation regarding regeneration of the estates. Cabinet Member Report – 12 March 2021 Page 5 (Part 1 Public) CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance has reviewed the report and concur with the Financial Implications set out above, noting that there are no financial implications arising from the report recommendations. Legal The Cabinet Members are being asked to approve two specific recommendations in the report. The first relates to proposed amendments to the Council’s social housing allocation policy, arising from the regeneration project relating to Avondale and Hayes Town Centre Estates. The legal basis for social housing allocation policies is the Housing Act 1996 as amended. Section 166A[13] of the Act provides that when altering a policy, to reflect a major change of policy, a local housing au thority must send a copy of the draft policy, or proposed alteration, to every private registered provider with which they have nomination agreements, and ensure that they have a reasonable opportunity to comment on the proposals. Government Guidance says that a major policy change would include, for example, any amendment affecting the relative priority of a large number of applicants or a significant alteration to procedures. It is the view of the Borough Solicitor that the proposed amendments to the policy, which are the subject of the report, do not reflect a major change of policy and therefore no consultation by the Council with private registered providers is required. The Borough Solicitor can also confirm that there are no legal reasons preventi ng the Cabinet Members from approving the first recommendation. The second recommendation is asking the Cabinet Members to approve the Local Letting Policy for Avondale and Hayes Town Centre. The statutory basis for local letting policies can be found in section 166A[6][b] of the 1996 Act which allows local housing authorities to allocate particular accommodation to people of a particular description, whether or not they fall within the reasonable preference groups, provided that such authorities continue to comply with their obligations to these groups. There are a number of secure Council tenants who are affected by the regeneration proposals. Section 105 of the Housing Act 1985 imposes an obligation on local housing authorities to consult with those of its secure tenants who are likely to be substantially affected by a matter of housing management, by informing them of the authority’s proposals and providing them with an opportunity to make their views known to the authority within a specified period. Paragraph 4 of the Local Lettings Policy, which has been developed by officers, makes it clear that in doing so the views of residents expressed during consultation, regarding regeneration of the Estates, have been taken into account. The regeneration of the Estates and the development of the Local lettings Policy which flows from it could not be clearer examples of matters of housing management, triggering the statutory Cabinet Member Report – 12 March 2021 Page 6 (Part 1 Public) consultation duty which the Council has complied with. However, it is important to note that this duty is not ‘once and for all’; instead, it is a continuing duty and one which the Council must ensure that it fully observes as the regeneration project progresses. Finally, the Borough Solicitor can confirm that it is legally permissible for the Cabinet Members to approve the Local Lettings Policy. BACKGROUND PAPERS NIL. TITLE OF ANY APPENDICES Appendix 1 - London Borough of Hillingdon Social Housing Allocation Policy Appendix 2 - Local Lettings Policy for Avondale and Hayes Town Centre Estates London Borough of Hillingdon Social Housing Allocation Policy February 2021 Appendix 1 2 Contents S Title Page 1 Introduction 5 - 7 • Legal context • Aims of the allocation policy 2 Eligibility and Qualification for Housing 7 - 10 • Eligibility rules • Qualification rules 3 Who can make an application 11 4 Statement on choice 11 - 12 Locata Housing Services – Central lettings agency 5 How the choice based lettings scheme works (Locata) 12 - 16 • Priority banding • Priority dates • Property advertising • Bidding for a property – help with bidding • Short-listing • Offers of accommodation • The effect of choices on waiting times • Feedback on let properties • Ring-fenced lettings • Sensitive lettings • Local lettings policies 6 Allocation outside choice based lettings (Locata) 18 7 Refusals following direct offers 19 - 20 • Recording the refusal • Unsuitable offers • Consequences for refusing a reasonable offer o Homeless households o Service tenants o Management transfers o Reciprocal agreements o Temporary and permanent decants o Ex-tenants discharged from an institution o Other circumstances 3 8 Pre-Offer Verification Checks 20-21 9 Annual Lettings plan 21 10 Applying for housing 22 - 24 • Tackling fraud • Who can be included on the application • Who should not be included on the application • Change of circumstances • What happens if I do not notify of a change? • Annual reviews • Cancelling an application 11 Assessment of housing need and determining priority 24 - 26 • Initial assessment • Bedroom standard - size of accommodation • Shared residency of children 12 Reasonable preference groups 26 - 32 • Homeless households • Households living in unsanitary and unsatisfactory housing conditions • Overcrowded households • Medical grounds • Welfare grounds o Care leavers o Fostering and adoption o Move-on from supported housing • Hardship grounds 13 Local priorities 32 - 34 • Members of the British Armed Forces • Specific schemes e.g. National witness mobility • Under-occupation • Releasing adapted property • Decants – permanent & temporary • Management transfer • Reciprocal agreement • Ex-tenant discharged from an institution • Relinquishing of tenancies • Service tenants where there is a 14 Additional priority 35 - 36 • Members of the British Armed Forces • Couples aged over 21 without children • 10 year continuous residency • Working households 4 15 Encouraging personal responsibility 36 • Homeless households in temporary accommodation • All applicants – unreasonable refusal of offers 16 Specialist accommodation 37 - 38 • Disabled adapted properties • Older person dwellings • Sheltered housing • Extra care housing • Traveller pitches 17 Mobility within and across the council 38 - 39 • West London cross borough • Pan-London mobility (Home Moves) • Seaside and country • Mutual exchange 18 Scheme implementation arrangements 39 • Areas of effective implementation • Transitional relief arrangements 19 Changes to the scheme 40 20 Members of the council, staff members & their relations 41 A Summary table of priority band and date 42 - 51 5 1. INTRODUCTION The Housing Allocation Scheme describes how the council assesses applications for housing, prioritises each application and decides which applicant will be offered (allocated) Council and Housing Association housing. The Housing Allocations Scheme covers housing in Hillingdon owned by the Council or by Housing Associations that have entered into a nominations agreement with the council. This is called social housing. Hillingdon Council receives many enquiries every year from people looking to rent a home in the borough. Because Hillingdon only has a limited amount of social housing available to rent, the main purpose of this scheme is to explain who will be allocated housing and why. 1.1 Legal Context The Housing Allocation Scheme sits within a legal framework which is summarised below. The Housing Act 1996 (as amended by the Homelessness Act 2002, the Localism Act 2011 and the Homlessness Reduction Act 2017) requires local authorities to make all allocations and nominations in accordance with an Allocation Scheme. A summary of the Allocations Scheme must be published and made available free of charge to any person who asks for a copy. This document is available on the Council’s website www.hillingdon.gov.uk and paper copies will be provided on request. The Housing Act 1996 (as amended) requires local authorities to give reasonable preference in their allocations policies to people with high levels of assessed housing need. The main groups are: • People who are homeless as defined by the Housing Act 1996, Part 7 • People who are owed a duty by any local housing authority under section 190(2), 193(2) or 195(2) (or under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any such authority under section 192(3)) • People occupying insanitary or overcrowded housing, or who are otherwise living in unsatisfactory conditions, • People who need to move on medical or welfare grounds (including any grounds relevant to a disability); and • People who will suffer hardship to themselves or to others if they are unable to move to a particular locality or district. The Act also requires local authorities to state within the policy what its position is on offering applicants a choice of housing accommodation, or offering them the opportunity to express preference about the housing accommodation to be allocated to them. Our policy on choice is described below in Section 4. This Housing Allocation Scheme complies with the requirements of: 6 • Housing Act 1996 (as amended) • Allocation of Accommodation: Code of Guidance for Housing Authorities 2012 • Children Act 2004 • Choice Based Lettings Code of Guidance for Housing Authorities 2008 • Equality Act 2010 • Localism Act 2011 • Homlessness Reduction Act 2017 • Homelessness Code of Guidance for Local Authorities 2018 • Hillingdon Housing Strategy • London Housing Strategy 1.2 Aims of the Allocation Policy The Allocation Scheme is designed to meet all legal requirements and to support and contribute towards the Council’s wider objective of putting residents first. The council is also committed to preventing homelessness and the Allocation Scheme focuses on supporting residents to actively pursue suitable alternatives to avoid becoming homeless. The key objectives of this Allocations Scheme are to: • Provide a fair and transparent system by which people are prioritised for social housing. • Help those most in housing need. • Reward residents with a long attachment to the borough • Encourage residents to access employment and training • Make best use of Hillingdon’s social housing stock. • Promote the development of sustainable mixed communities. This policy has considered: • The council’s statutory obligation to provide Reasonable Preference to certain categories of applicants set down by law • The general and specific statutory discretions the council can exercise when allocating housing in support of its Community Strategy. • The council’s statutory discretion to grant ‘additional preference’ and/or to determine priority between applicants with Reasonable Preference The Social housing allocation system will be supported by a housing options approach giving applicants realistic advice and promoting other housing options. The Council will register eligible applicants who qualify for the reasonable preference criteria and certain groups who meet local priority. In addition, the council will ensure that greater priority through ‘additional preference’ is given to applicants who have a long attachment to the borough, are working, members of the British Armed Forces and childless couples. In addition, the Council will continue to use the private rented sector both within the borough and outside it to meet its statutory housing obligations. It will use the private 7 rented sector to discharge its homelessness duty. Where the Council believes that potential applicants are able to access market housing, that is, private rented or low cost or market home ownership, the Council will provide advice as necessary. The Council will take into account the impact of the welfare reform proposals which places a ceiling on the amount of cash benefits a household will be able to receive. In order to allocate a home, a household’s current and future ability to meet the rent and associated costs of running a home will be taken into account. Tenancies for council homes are allocated according to the Councils Tenancy strategy with the majority of the homes offered on fixed term tenancies. Other Registered Providers have to take account of the Councils Tenancy Strategy when setting their own policies. 1.3 What is not included in the allocation policy The following are not allocations under this scheme: • Succeeding to a tenancy under S89 Housing Act 1985 • A mutual exchange with another tenant • Assigning a tenancy • Transferring a tenancy in accordance with a court order under Family Law provisions or under the Civil Partnership Act 2004 • An introductory tenant becoming a secure tenant • Provision of temporary accommodation in discharge of any homelessness duty or power 2. ELIGIBILITY AND QUALIFICATION FOR HOUSING 2.1 Eligibility Rules The first assessment the council makes when an application is received is whether the applicant is eligible for social housing. This depends on where the applicant normally lives (“habitual residence”) and their “immigration status”. Eligibility for social housing is assessed when an applicant first applies and it is looked at again when they are being verified for an offer of accommodation. A person is not eligible if they are: • Subject to immigration control (within the meaning of the Asylum and Immigration Act 1996) • A person from abroad excluded by regulations made by the Secretary of State • A person not habitually resident in the United Kingdom (other than EEA/EU workers or those covered by an EEA/EU Directive) or required to leave the UK by the Secretary of State. Detailed information on eligibility for housing is set out in Annex 1. 8 2.2 Qualification Rules The second assessment the council makes is whether an applicant qualifies to go on the housing register. The Localism Act 2011 has given new freedoms for local authorities to determine who can join the housing register. The Council has made a number of changes to the qualification rules and this requirement is in addition to the provision on eligibility in respect of persons from abroad set out in 2.1. The changes have been made because the council: • Wants to make sure a more focused waiting list is operated which better reflects local circumstances and can be understood more readily by local people • Believes that social housing should be available to people that cannot afford to buy or rent a home privately. • Wants to make sure housing policies benefit people that live in Hillingdon. The following sections explain what the changes are: 2.2.1 Households with no demonstrable housing need will not qualify to join the housing register. The Council will no longer maintain a housing waiting list for those households that it is unable to help access a council or housing association home. This means applicants who are considered not to have a housing need will not qualify to join the housing register. It will help in managing unrealistic expectations by excluding people with little or no prospect of being allocated accommodation. They will be signposted and given relevant information and advice through the Targeted housing option’ website at www.locata.org.uk/hillingdon. Exception People over 60 who would benefit from sheltered housing. However, they will be made an offer of sheltered accommodation after other households meeting residency criteria. 2.2.2 Household with sufficient financial resources will not qualify to join the housing register. People with sufficient combined household income, savings and assets will not qualify to join the housing register: • Any household who owns or have an interest in a property. • Any household with a gross income at or above the level required for low cost home ownership. The current income level (as at January 2019) is £90,000.00 This income will be reviewed on an annual basis and adjusted to reflect the size of the household and market conditions. • Any household with savings/assets of more than £30,000 as they will be deemed to have enough financial resources to rent in the private sector. Deliberate disposal of assets in order to become eligible for an allocation will 9 not be tolerated. All applicants and prospective new tenants will be required to supply evidence of their financial income and resources. Where applicants are not able to show current entitlement to income support, housing benefit, council tax benefit (and universal credit), verification of income and savings will be required, prior to applicants joining the housing register and at the point of being offered accommodation. Where applicants have resources considered sufficient to access low cost home ownership within the thresholds set above, they will normally be offered advice or assistance as they are considered to have the income to meet their own housing requirements. Advice on home ownership and private sector renting options will be offered including the opportunities to join the Council’s Low cost home ownership register Exceptions • Members of the British Armed Forces who receive lump sum payments as compensation for an injury or disability sustained on active service. • Members of the British Armed Forces or their former partners who remain in residence following the expiry of a notice to vacate Service Families Accommodation may be charged mesne profits for trespass and accordingly accrue a mesne profit debt. In taking into account rent arrears or a housing debt in determining whether to allow qualification to join the housing register, the Council may treat the accrual of a mesne profit debt by a Member of the British Armed Forces or their former partner sympathetically. • Persons who fall within the reasonable preference groups. 2.2.3 Households who do not currently live in the borough and do not have a need to move to a particular locality in the borough where failure to meet that need would cause hardship will not qualify to join the housing register. Exceptions • People over 60 who would benefit from sheltered housing. However, they will be made an offer of sheltered accommodation after other households who meet the residency criteria. • Persons who fall within the reasonable preference groups. Hardship grounds include: • The need to move to take up a confirmed offer of employment • To give or receive care or support from/to a resident in the borough (see section 12.5.4) 2.2.4 Households who have not been continuously living in the borough for at least 10 years will not qualify to join the housing register. Applicants will need to demonstrate a local connection with Hillingdon. Local connection within the terms of this scheme will normally mean that an applicant has lived in Hillingdon, through their own choice, for a minimum of 10 years up to and 10 including the date of their application, or the date on which a decision is made on their application whichever is later. For purposes of continuous residence, children spending time away from home for education due to periods of study such as at university, and people who have moved away up to 3 times due to the requirements of their job will be disregarded. Secure, introductory or flexible tenants of Hillingdon Council and care leavers housed outside the borough will be considered as having a local connection with Hillingdon. People will also be considered as having a local connection with Hillingdon when they are placed in the borough of Hillingdon in temporary accommodation in accordance with sections 190(2), 193(2), 195(2) or who are occupying accommodation secured by any local authority under section 192(3). Exception: • People who have served in HM Forces in the last 5 years • People over 60, and are currently resident in the borough who would benefit from sheltered housing. They will be considered for sheltered housing after other households who meet the residency criteria. • People who are under-occupying their current social housing and are currently resident in the borough. • Emergency cases where homes are damaged by fire, flood or other disaster if it is not possible to repair the existing home, or if any work to repair is to take such a long period of time that there will be serious disruption to family life. • Cases nominated under the Police Witness Protection Scheme or other similar schemes that the Council has agreed to be part of. • Statutorily homeless persons and other persons who fall within the statutory reasonable preference groups (see paragraph 12 below). • Households who need to move to the Borough to avoid hardship. Hardship grounds include: ¬ The need to move to take up a confirmed offer of permanent employment ¬ The need to move to specialist facilities where they receive care but live outside the Borough ¬ The need to move to receive or give care/support (meaning higher care costs or even the use of residential care for those who cannot move) • People who are living in a refuge or other form of safe temporary accommodation in the borough having escaped domestic abuse in another local authority area. • Children spending time away from home due to periods of study such as at university. • People who have moved away for up to 3 years due to the requirements of their job. 11 • People to whom paragraph 2.2.5 applies. 2.2.5 Exception for certain Irish Traveller, Romany Gypsy or non-UK national households Compliant with the judgment of the Court of Appeal in R(Ward & Ors) v LB Hillingdon, Equality and Human Rights Commission intervening [2019] EWCA Civ 692, this paragraph applies to an applicant whose household is either Irish Traveller / Romany Gypsy or non-UK national with refugee status in the UK and who would qualify under this section for inclusion on the housing register, or once included be entitled under section 14.3 to additional preference, but for their inability to demonstrate at least 10 years' residence in Hillingdon. If, in the opinion of the Council, such inability is the result of their racial origin or related circumstances or lifestyle, the residence requirement will in the case of each provision be reduced from 10 years to 5 years provided the applicant can demonstrate to the Council's reasonable satisfaction that they have for the whole or substantial part of that period made a community contribution such as helping borough residents, undertaking paid, unpaid or voluntary work in the borough or being a recognised carer for an elderly or disabled adult or child, or other special reason to be decided on a case by case basis by the Council. 3. WHO CAN MAKE AN APPLICATION Hillingdon residents who are over 18 years old can apply to join the housing register through the Locata website at www.locata.org.uk. The council intends to ensure that all successful applicants have reasonable preference. In addition, the council has used its statutory discretion to determine groups of households who will be eligible for housing allocation. The council will also give ‘additional preference’ to applicants who have a local connection (long attachment to the borough), are working and childless couples. The Council will not normally grant a tenancy to anyone under the age of 18 years unless another adult is prepared to act as their guarantor, and agrees to cover the rent or any arrears. In exceptional circumstance, the council can grant permission to occupy a property to an applicant under-18 years by way of something known as an equitable agreement. Capacity – For an applicant to become a tenant of the Council and enter into a tenancy agreement, they must have the mental capacity to understand the contract. If an applicant does not have the capacity to understand the contract, an application should be made to the Court of Protection for the tenancy agreement to be signed on their behalf. 12 4. STATEMENT ON CHOICE The council operates a Choice Based Lettings Scheme through a central lettings agency known as ‘Locata’. Council, Housing Association properties and travelers' site pitches in Hillingdon available at social and affordable rent are let through the scheme. Households who are eligible to join the housing register are required to use the choice based lettings scheme (Locata) to obtain a new home. People who apply for housing through the council are divided into two main groups: o Homeseekers are households who are not currently social housing tenants but have applied for social housing. Households living in temporary accommodation are included in this group. o Transfers are existing Council and Housing Association tenants who want to move to another social housing. 4.1 Locata Housing Services - the central lettings agency Locata Housing Services (LHS) Ltd is a central lettings agency set up by West London local authorities and housing associations including Hillingdon Council to provide the computer program to manage the letting of available vacancies. The West London Locata partners as at January 2013 were: • *London Borough of Hillingdon • * London Borough of Brent • * London Borough of Harrow • * London Borough of Hounslow • * London Borough of Ealing • * Catalyst Housing Association • * Genesis Housing Association • * Paradigm Housing Group • Shepherds Bush Housing Association • Thames Valley Housing Association • A2 Dominion • Inquilab Housing Association • Notting Hill Housing • Octavia Housing • Sir Oswald Stoll Foundation • Network Stadium Housing Association • Westway Housing Association * indicates a part-owner of Locata Housing Services Ltd 5. HOW THE CHOICE BASED LETTINGS SCHEME WORKS 5.1 Priority Banding Housing need is determined by assessing the current housing circumstances of 13 applicants. A priority ‘band’ is then allocated according to the urgency of the housing need. There are four priority bands as follows: Band A - This is the highest priority band and is only awarded to households with an emergency and very severe housing need. Band B - This is the second highest band and is awarded to households with an urgent need to move. Band C - This is the third highest band and is awarded to households with an identified need to move. Band D - Homelessness applicants who do not satisfy the 10 year continuous Residence Rule. If following an assessment it is determined that an applicant has no housing need, they cannot join the housing register. They will be given advice and assistance on other housing options, for example, renting from a private landlord or applying to an intermediate rent or low cost home ownership scheme which will be available on the ‘Targeted housing option’ website at www.locata.org.uk/hillingdon. 5.2 Priority Dates As the level of need within each ‘band’ is broadly similar, it is fairest to make an offer of social housing to the applicant that has been waiting the longest in that ‘band’. This is known as a priority date order. The priority date is awarded either on the date of the original application or on the date the council is notified of a change in circumstances. Mo ving u p a ‘Ba nd ’ The priority date is the date the higher priority is awarded. Mo ving Do wn a ‘Ba n d ’ New priority date reverts to the data that applied when the applicant was previously in that ‘band’ OR any earlier date when they were in a higher band. The principle is that when moving down, their priority date should be the earliest date that they were in the new lower band, or in a higher band. If the applicant has been suitably housed for any of the time, the new band date cannot be any earlier than the date they were subsequently assessed as Band A, B or C. 14 Examples of priority date system: Example 1 Priority Date Household applies to register in January and is adequately housed. None In February household is awarded band B February In March household is awarded band A March In April household is downgraded to band C February Example 2 Priority Date Household applies to register in January and is awarded band C January In February household is awarded band A February In April household is downgraded to band B February Example 3 Priority In April household is awarded medical priority – April In May household is awarded urgent medical priority band B May In June medical priority reduced again – band C April In June household is awarded emergency medical priority – band A June In August new medical assessment – band B August 5.3 Property Advertising Vacant council and housing association properties are advertised on the West London Locata website (www.locata.org.uk) to people assessed as having housing need. The majority of council and housing association rented homes to which the council has nomination rights are advertised and let through this scheme. Available properties are advertised as they become ready for letting. In choosing which property to bid for, an applicant should look at the details as some properties advertised may have restrictions such as: • Properties subject to a sensitive let (See section 5.9) • Properties subject to a local lettings plan (see section 5.10) • Properties adapted for disabled applicants (See section 16.1) • Properties designated for people over a certain age e.g. older people accommodation or sheltered housing (See sections 16.2, 16.3 & 16.4). 15 • Properties designated to a particular group of households, for example, homeseekers (H) or transfers (T) only. 16 Where restrictions are applied, details will be given on the advert. Circumstances in which direct offers may be made by by-passing the Locata process are set out in section 6. 5.4 Bidding for a property (expressing an interest) Hillingdon residents are entitled to bid for properties advertised in the “Hillingdon” section of Locata and the “cross borough” section. In addition, Hillingdon residents can bid for properties advertised by several housing associations that have social rented accommodation in the borough. The housing associations always give priority to applicants who are registered with them directly, so it is advantageous for Hillingdon applicants who are interested in housing association properties to register directly with each provider as well. Each household may bid for up to 3 properties in each bidding cycle. • If a property is designated for a specific type of household, only those who match the household type will be eligible to bid for that property • Any bids must be placed before the deadline closes • The applicant’s household must match the advert specification, for example, the household must not have more or less household members than the number specified on the property label, • The applicant must satisfy the age requirement on the property label where applicable • The applicant must satisfy the mobility level specified on the property label. Help with bidding: A detailed guide of how to bid for properties is sent out to all new applicants when their application to join the register is approved. This includes their HIL number which is needed to make a bid. The Council can help by placing bids on behalf of vulnerable applicants, who have no support mechanisms. For example, older, people with a sensory disability and people with no or low literacy or English comprehension. Such applicants can self refer or referrals can be made on their behalf by GPs, MP, and Councillor etc. Eligibility for the help is determined by the designated housing officer and those on the supported ‘bidding list’ are regularly reviewed. If households are not engaging in the process or are considered to be unreasonably refusing properties or not attending viewings, this service can be withdrawn. Other support agencies or social workers can also bid on behalf of an applicant that they are supporting. Training can be provided to such agencies if required. There are two types of service available, both of which are time limited: • Assisted Bidding - The applicant can contact the designated housing officer each fortnight when properties are advertised and get help with making a choice 17 on the property they are interested in and/or talk through the process with them by supporting them to place their bids. • Automatic Bidding - The applicant specifies the area and type of property they are interested in and staff can automatically place bids on up to 3 properties matching their description every fortnight. 5.5 Short-listing Once bidding has closed, all households that placed a bid and are eligible for that property are placed into priority band and date order. This is called the shortlist. If a property has been advertised with preference for a specific group of applicants, bids from these households will be prioritised above all other bands. Bids placed from households within the specific priority group will still be short listed according to their band and priority date as above. Applicants will not be short listed or offered a property if they already have a live offer on another property. 5.6 Offers of accommodation: The applicants at the top of the shortlist for a property are contacted by the housing provider and offered an appointment to view the property. At the viewing the applicants have a chance to look around the property and ask any questions of the landlord. If the household offered the property accepts it, they are formally invited to sign for the tenancy. If the household offered the property refuses the property, it is offered to the next household until such time as the property is accepted. If no one on the shortlist within the priority bands accepts the property, the property is either re- advertised or directly allocated to another household. If there are more than one successful bidders for a property, the offer is made to the applicant with the longest waiting time (known as priority date). 5.7 The effect of choices on waiting times: The length of time you have to wait before you get an offer is affected by the choices you make on your housing application. If you choose an area or a type and size of property that rarely becomes available to offer, you will face a much longer wait than an applicant who is prepared to consider a broad range of areas and types of property. We will assist you in making an informed choice by providing information on property availability and average waiting times. This information is published on the council’s website. 5.8 Feedback on let properties Details of every property let in Hillingdon are available at www.locata.org . The website shows the number of households that bid for each property, as well as the priority band and registration date of the successful bidder. 18 There is also feedback on all properties let through Locata in the Freesheet archive of the Locata Home website. The feedback enables applicants to gauge the scarcity and popularity of different areas and property types, to be able to judge how long they might have to wait to be re-housed, and therefore exercise informed choice. 5.9 Ringfenced lettings In cases where specific action has been taken to release homes, the resulting vacancies will be made available to particular client groups. For example: • Homes recovered due to fraud activity, will be offered to accepted homeless households in temporary accommodation. • Homes released by under-occupying households will be offered to overcrowded households in a chain of lettings. 5.10 Sensitive lettings On occasions it is in the interest of residents and tenants that an individual property is let sensitively in light of the experience of neighboring tenants. Where a request for a sensitive let is sought, this will be considered. Sensitive lets will only be agreed where it can be demonstrated that: • The neighbouring tenants have experienced either harassment, noise nuisance or un-tenant like behavior over a period of time or of an excessive nature and • Incidents have been recorded and • Action has been taken by the landlord or • There is a public protection issue that must be managed. 5.11 Local lettings policies On new developments, the Council usually agrees a local lettings policy with the Provider (mainly Registered Providers) that is building the new social housing. The local lettings policy ensures that there is a balances mix of social tenants and mitigates any potential management problems at a later date. A number of factors are considered which includes: 5.11.1 The mix of working and non working households Child density 5.11.2 Age range of the prospective tenants 5.11.3 Ethnicity and community cohesion 5.11.4 Vulnerability and support services
View Decision / Minutes Text
Cabinet Member Decision Notice – 24 March 2021 OFFICIAL DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES ON 24 MARCH 2021 The Leader of the Council and the Cabinet Member for Environment, Housing and Regeneration have made the following decision today: 1. THE LEADER OF THE COUNCIL AND THE CABINET MEMBER FOR ENVIRONMENT, HOUSING AND REGENERATION SOCIAL HOUSING ALLOCATION POLICY AND LOCAL LETTINGS POLICY DECISION: That the Leader of the Council and Cabinet Member for Environment, Housing & Regeneration: 1. Approve the amended Social Housing Allocation Policy, and 2. Approve the Local Letting Policy for Avondale and Hayes Town Centre Estates. REASONS FOR THE DECISIONS MADE The changes are sought to ensure that the policies in place allow for allocations required to support the regeneration proposals for Avondale and Hayes Town Centre Estates. ALTERNATIVES CONSIDERED AND REJECTED The alternative option would have been to leave the Social Housing Allocation Policy as at present and to proceed without Local Lettings a rrangements. The former could leave the Council open to legal challenge and the latter would prevent a timely decanting process and jeopardise the efficient and fair delivery of the proposed regeneration at Avondale and Hayes Town Centre Estates. FURTHER INFORMATION The detailed report relating to this decision is available to view here . Dan Kennedy, Director Planning, Environment, Education and Community Services Debby Weller, Planning, Environment, Education and Community Services DECISION AUTHORITY & IMPLEMENTATION Where required, these decisions have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. These decisions, unless called in, will come into effect from 5pm on Wednesday 31 March 2021. Cabinet Member Decision Notice – 24 March 2021 This is the formal notice by the Council of the above decisions. If you would like more information on any of the decisions, please contact Democratic Services on 01895 250636. The right hand column indicates the name of the officer(s) responsible for implementing / following up the decision in each case. Circulation of this decisions sheet is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public.