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: 7655 DDI: 01895 277655 Ref: CMD 212 To: COUNCILLOR IAN EDWARDS LEADER OF THE COUNCIL COUNCILLOR EDDIE LAVERY CABINET MEMBER FOR ENVIRONMENT, HOUSING AND REGENERATION c.c. All Members of the Environment, Housing & Regeneration Select Committee c.c. All Councillors c.c. Dan Kennedy - Planning, Environment, Education & Community Services c.c. Debby Weller - Planning, Environment, Education & Community Services c.c. Conservative and Labour Group Offices (inspection copy) Date: 6 July 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 Wednesday 14 Ju ly 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 you have made your decision. I will then arrange for the formal notice of decision to be published. Anisha Teji 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 – 6 July 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 & Community Services Papers with report Appendix A - Social Housing Allocation Policy HEADLINES Summary This report asks the Leader and Cabinet Member to consider seven proposed amendments to the Social Housing Allocation Poli cy which will deliver practical measures to alleviate housing needs , meet housing requirements for foster children and help to keep residents safe. The policy has also been reviewed to ensure that the language used is gender neutral and not biased towards a particular sex or social gender. 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 Select Committee Environment, Housing and Regeneration Select Committee Relevant Ward(s) All wards RECOMMENDATIONS That the Leader of the Council and Cabinet Member for Environment, Housing and Regeneration approve the following changes to the Social Housing Allocation Policy . An amended Social Housing Allocation Policy showing the proposed changes is included at Appendix A. Cabinet Member Report – 6 July 2021 Page 2 Part 1 Public 1. All downsizing under-occupiers be awarded Band A and be given a higher priority in terms of their rehousing, other than those affected by the regeneration proposals at Hayes Town Centre and Avondale Estates. 2. Overcrowded households with an assessed need for four bedrooms be permitted to bid for an allocation to a three bedroom dwelling so long as this does not result in statutory overcrowding. 3. Lettings in higher risk buildings , those 18m and over or more than six storeys, be restricted to exclude individuals who are not able to self-evacuate within a reasonable time frame. 4. Management transfers be given a higher priority for rehousing than other Band A applicants other than downsizing under -occupiers and those affected by the regeneration proposals at Hayes Town Centre and Avondale Estates. 5. Foster children over the age of three be allowed a separate bedroom regardless of gender. 6. Extra care housing applicants be excluded from the £30,000 saving cap criteria to join the housing register. 7. Amendments to language used in the policy to ensure that it is gender neutral. Reasons for recommendations The recommendations are for minor changes to support effective management of lettings and existing priorities and to comply with guidance regarding foster children. There is also a need to ensure the language used is general neutral to avoid discrimination or bias towards a particular sex of social gender. Alternative options considered / risk management The alternative option would have been to leave the Social Housing Allocation Policy as at present. This would mean less precise targeting of allocations , and may leave the council open to legal challenges regarding safety in higher risk buildings and in relation to bedroom allocations for foster children. Democratic compliance / previous authority The Leader of the Council, in conjunction with the relevant Cabinet Member, may agree or amend of service specific policies as set out in the Cabinet Scheme of Delegations. Select Committee comments None at this stage. Cabinet Member Report – 6 July 2021 Page 3 Part 1 Public SUPPORTING INFORMATION Background 1. The following minor changes to the Social Housing Allocation Policy are proposed: Higher priority for downsizing under-occupiers 2. The Social Housing Allocation Policy currently provides encouragement for those relinquishing a home larger than their considered need by offering: • Band A if 2 or more bedrooms are being given up; and • Band B if 1 bedroom is being given up. 2. At March 2021 there were 218 households on the housing register with under -occupation as their reason for priority, 154 in Band A and 64 in B. 3. While a high proportion of those in larger properties h ave been awarded Band A, there are still significant numbers that are in Band B. Of the 28 people in Band B with a larger dwelling, 25 are occupying a 3 bed property and 3 are occupying a 4 bed property. They are made of 16 council tenants and 12 housing association tenants. 4. For context, the overall number of households on the housing register at the end of March 2021 is 2,738 of which 72% are in Bands A and B; 479 in Band A and 1,479 in Band B. Given these numbers an award of Band B for under-occupation doesn’t put a household close to the ‘top’ of the housing register. 5. There is a need for council and housing association lettings across all bed sizes however the supply of lettings is skewed towards smaller properties. Provisional outturn data for 2020/21 is 50% x 1 bed, 26% x 2 bed, 16% x 3 bed and 7% x 4 bed lettings. 6. In order to increase the likelihood of lettings to release larger family homes, it is proposed that a higher priority be given to all downsizers on the housing register. It is proposed that all downsizers are awarded a Band A and that they be given a higher priority than other Band A applicants in terms of their rehousing; other than those affected by the proposed regeneration proposals at Hayes Town Centre and Avondale estates. This will help to release more family sized homes for meeting housing needs. Overcrowded households 7. Overcrowding is the most prominent reason given for joining the housing register. Excluding under-occupiers there are 1,623 households on the housing register in Bands A & B, of which 1,088 have overcrowding as their reason for being awarded priority. Cabinet Member Report – 6 July 2021 Page 4 Part 1 Public 8. There is a particular shortage of accommodation for those waiting for large accommodation. One option is to allow these households to bid for permanent accommodation that is smaller than their need if it will not result in statutory overcrowding. 9. This change could be applied to lettings in 1, 2 or 3 bed properties i.e. a letting in a 3 bed property for a family with a 4 bed need; a letting in a 2 bed property for a family with a 3 bed need; or a letting in a 1 bed property for a famil y with a 2 bed need. The proposed policy change would only apply to a letting that is 1 bedroom short of need not 2 or more. 10. The Social Housing Allocation Policy awards a higher band for those overcrowding where they lack two or more bedrooms, than it does for those that lack one bedroom. There are 138 overcrowded households on the housing register with a Band A. There are twice as many of these households that have a 4 bed need (80) than a 3 bed need (40) and 4 times as many as have a 2 bed need (18). 11. Households requiring larger properties are, in general, on the housing register for longer than those requiring smaller properties. The last status date (an imperfect but still useful proxy for registration date) shows that 41% of those requiring 1 beds and 39% of those requiring 2 beds are likely to have registered before 2020, compared to 61% of those requiring 3 beds and 72% of those requiring 4 beds. 12. Although the pressure on 3 beds is greater than for smaller properties, it is clear that there is a considerably greater pressure on 4 beds. The overall numbers on the register with a 4 bed need are smaller, however overcrowded households with a 4 bed need are more likely to be in Band A, than other bed size needs and are more likely to wait longer to be housed. It is consequently recommended that the policy change apply only to lettings in 3 bed properties for those with a 4 bed need. Restricting the change in this way will also limit the impact on other households on the housing register. Any households t aking advantage of this change would be able to reapply, if they so wished for a 4 bed home, but as their overcrowding would then be only 1 room, the banding applied would be lower. Social Housing Allocations in Higher Risk Buildings 13. As part of the Council’s fire safety workstream it has considered a suitable option to restrict occupancy in ‘higher risk buildings’ to individuals who can self -evacuate in the context of a real fire situation if ordered to do so by the fire and rescue service within a reasonable period of time and unaided. 14. The draft Building Safety Bill sets out proposed reforms to the building safety regulatory system. This includes a more stringent regulatory regime for higher -risk buildings which are defined as a building that is: • 18m and over, or more than six storeys – whichever is reached first • Contains two or more rooms for residential purposes, or two or more rooms used for residential purposes, or student accommodation • The definition of ‘room’ does not include residential care homes, temporary accommodation such as hotels, nor secure residential institutions such as prisons. Cabinet Member Report – 6 July 2021 Page 5 Part 1 Public 15. The provisions of the draft bill include additional requirements for the management of fire and structural safety risks in new and existing buildings deem ed to be ‘higher-risk’ or in scope of the more stringent regime. The relevant housing stock is set out in Table 2 below: Table 2 • 11 Tower blocks [includes one located in Margate] • 663 units of accommodation within ‘higher risk buildings’ • Of these 509 units are tenanted [the remainder of 154 being leasehold and over which the Council have no control over lettings under the Allocation Policy] • As at 31st January 2021 the Council had 10,073 units of tenanted property in its ownership and management • Units i n tower block accommodation therefore represent 5% of the managed housing portfolio 16. At present the Council is satisfied that is has the means under the Social Housing Allocation Policy, through management transfer, to move existing tenants where circums tances have materially changed so that they are no longer able to evacuate, however, there is nothing in the Social Housing Allocation Policy to restrict the occupancy of new lettings in ‘higher risk buildings’ to individuals who can self -evacuate. The inc lusion of a restriction of this nature could be considered discriminatory towards those with disabilities and those of advanced years. However, the change would only affect lettings in a small proportion of Hillingdon’s housing. The intention is not to prevent lettings to those that are unable to self -evacuate, but to ensure that more appropriate lettings are made. 17. The Council’s records indicate that there are 155 tenants currently resident in the higher risk dwellings who are aged 65 or older and 17 residents who are disabled. During the full year 2020, there were 30 new tenancies started in the higher risk buildings, a stock turnover rate of under 6%. Of these only 2 were aged 65 or older, 1 was 60- 64 and 5 were disabled. This provides an indication of the small number of people potentially affected by a change in the policy of this nature but does not mean that any of them would be unable to self -evacuate. The 30 lettings are largely consistent, with 110 lettings having taken place in the 3 years from 2018 to 2020 18. The Council is subject to the Public Sector Equality Duty [‘’PSED’’] under Section 149 of the Equality Act 2010 which requires it, in broad terms, to have due regard to the need to eliminate discrimination, which includes indirect discrimination, which this proposed change is capable of amounting to. A very significant body of case law has been built up in relation to the correct interpretation and application in practice of the PSED by public bodies. The Council, if it wishes, to avoid a possible future challenge, will need to demonstrate that it has complied with its due regard to the duty and therefore it is of the utmost importance that it is able to produce written evidence of this. Cabinet Member Report – 6 July 2021 Page 6 Part 1 Public 19. Examples of the type of factors [which should be read together with paragraphs 16 and 17 of the report] which the Council can legitimately take into account as part of its due regard duty are: • It is acting responsibly by seeking to safeguard the health and safety of its residents, which is of paramount importance in light of the Grenfell disaster. Those residents who are unable to self -evacuate, such as wheelchair users or others with mobility r estrictions, and the elderly should not be subjected to unnecessary risk to their lives. • The Council’s 11 tower blocks represent only a small part of its total housing stock and the proposed change will not exclude eligibility, and any duty to rehouse in housing stock, which is more suitable to individuals’ physical needs’. 20. It is proposed that the following wording be included in the Social Housing Allocation Policy: ‘The Council will only let properties in high risk buildings to applicants who can demonstrate that they are able to self-evacuate from the buildings, unaided and within a reasonable time frame, on being ordered to do so by the fire and rescue services’. Management Transfer 21. Management transfers, due to their urgency are placed in Band A. As previously discussed in this paper, this does not guarantee fast rehousing. For this reason, similarly to the under - occupiers, it is recommended that they be given a higher priority than other Band A applicants in terms of their rehousing; other than under -occupiers and those affected by the proposed regeneration proposals at Hayes Town Centre and Avondale estates. At the end of April 2021 there were 49 households on the housing register with the reason ‘management transfer’. Fostered children 22. The Fostering Services National Minimum Standards require that each foster child over the age of three has their own bedroom. This is done to prevent the potential for bullying or abusive behaviours from or to other children. This also allows for some stability, privacy and space for the fostered child. This is not currently provided for in the allocation policy, which allows some sharing of bedrooms. It is recommended that the policy be changed to allow a separate bedroom for fostered children. At the end of A pril 2021 there were 4 households on the housing register with the reason ‘fostering’. Financial resources qualification criteria – savings cap 23. Qualification criteria excludes households considered to have sufficient financial resources from joining the housing register. This includes any household with savings/assets of more than £30,000. It is proposed that this criteria be removed for any household to be placed in extra care housing as their needs are not just for housing but are also medical / care ne eds. This will not disadvantage those with less resources as any care provided is means tested in line with the social care charging policy. Those above charging capital limits will pay more for their care than someone below, even if in the same scheme. Cabinet Member Report – 6 July 2021 Page 7 Part 1 Public 24. Financial Implications This report seeks approval for the amended Social Housing Allocation Policy at Appendix 1. 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. RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities? The proposed allocation arrangements will allow for efficiency in releasing under-occupied properties, rehousing overcrowded households, progressing managing transfers and facilitating moves to extra care. Additional lettings will be made available from properties leased allowing for more households needs to be met. The proposals will also allow for appropriate allocations to disabled people and for households including foster children. Equalities implications for disabled people are covered in the main body of the report and the legal considerations section below. Consultation carried out or required There is no requirement to consult actual or potential service users as the proposed changes outlined in this report do not amount to a ''major change of policy'' within the meaning of section 168[3] of the Housing Act 1996. 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 Borough Solicitor supports the seven recommendations in the report . Section 166A[13] of the Housing Act 1996 as amended requires a local housing authority, in circumstances where it is proposing to make a major policy change to its social housing allocation policy, to consult with every private registered provider of social housing in its area and every registered social landlord which it has nomination agreements with. The Borough Solicitor does not consider any of the seven proposed changes to its allocation policy amount to a major policy change and therefore the Council can legitimately dispense with the consultation requirement in this instance. The first, fourth, fifth, sixth and seventh of the seven proposed changes is straightforward and do not warrant any specific comment. With regar d to the second, it is important to note that overcrowded households fall into the category of one of the statutory reasonable preference groups who are afforded protection by the Housing Act 1996 as amended. It is therefore important Cabinet Member Report – 6 July 2021 Page 8 Part 1 Public that nothing is done by the Council to undermine the status of this particular category. Furthermore, the Council should ensure that it avoids making any changes which would cause statutory overcrowding within the meaning of Part X of the Housing Act 1985. It is not considered that either of these situations arise here. The third proposed change gives rise to important considerations under the Equality Act 2020 which are outlined in paragraphs 16 to 19 of the report and are not repeated here. Social Care Social Care have reviewed the report and concur with the recommendations. BACKGROUND PAPERS NIL TITLE OF ANY APPENDICES Appendix A - London Borough of Hillingdon Social Housing Allocation Policy Appendix A London Borough of Hillingdon Social Housing Allocation Policy April August 2021 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 12 Locata Housing Services – Central lettings agency 5 How the choice based lettings scheme works (Locata) 13 - 18 • 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) 19 7 Refusals following direct offers 20 - 21 • 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 21-22 9 Annual Lettings plan 22 10 Applying for housing 23 - 25 • 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 25 - 27 • Initial assessment • Bedroom standard - size of accommodation • Shared residency of children 12 Reasonable preference groups 27 - 33 • 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 33 - 36 • 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 36 - 37 • 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 38 - 39 • Disabled adapted properties • Older person dwellings • Sheltered housing • Extra care housing • Traveller pitches 17 Mobility within and across the council 40 • West London cross borough • Pan-London mobility (Home Moves) • Seaside and country • Mutual exchange 18 Scheme implementation arrangements 40 • 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 th e 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. • Any household to be placed in extra care housing will not be subject to the savings/assets cap of £30,000. 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 10 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 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. 11 • People who have moved away for up to 3 years due to the requirements of their job. • 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 13 5. HOW THE CHOICE BASED LETTINGS SCHEME WORKS 5.1 Priority Banding Housing need is determined by assessing the current housing circumstances of 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). • Properties designated to a particular group of households, for 15 example, homeseekers (H) or transfers (T) only. 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 o
View Decision / Minutes Text
Executive Decision Notice – 15 July 2021 Page 1 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk OFFICIAL EXECUTIVE DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES Notice is hereby given that the following decision(s) have been made today by Cabinet Members at the London Borough of Hillingdon: Title of decision Social Housing Allocation Policy and Local Lettings Policy Reference No. 212 Date of decision 15 July 2021 Call-in expiry date 5pm, on 22 July 2021 Relevant Select Committee(s) Environment, Housing and Regeneration Select Committee Relevant Ward(s) All Decision made Cabinet Members making the decision Councillor Ian Edwards – Leader of the Council Councillor Eddie Lavery – Environment, Housing and Regeneration DECISION APPROVED That the Leader of the Council and Cabinet Member for Environment, Housing and Regeneration approve the following changes to the Social Housing Allocation Policy. A n amended Social Housing Allocation Policy showing the proposed changes is included at Appendix A. 1. All downsizing under-occupiers be awarded Band A and be given a higher priority in terms of their rehousing, other than those affected by the regeneration proposals at Hayes Town Centre and Avondale Estates. 2. Overcrowded households with an assessed need for four bedrooms be permitted to bid for an allocation to a three bedroom dwelling so long as this does not result in statutory overcrowding. 3. Lettings in higher risk buildings, those 18m and over or more than six storeys, be restricted to exclude individuals who are not able to self -evacuate within a reasonable time frame. Executive Decision Notice – 15 July 2021 Page 2 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk 4. Management transfers be given a higher priority for rehousing than other Band A applicants other than downsizing under -occupiers and those affected by the regeneration proposals at Hayes Town Centre and Avondale Estates. 5. Foster children over the age of three be allowed a separate bedroom regardless of gender. 6. Extra care housing applicants be excluded from the £30,000 saving cap criteria to joi n the housing register. 7. Amendments to language used in the policy to ensure that it is gender neutral. Reason for decision The alternative option would have been to leave the Social Housing Allocation Policy as at present . This would mean less precise targeting of allocations , and may leave the council open to legal challenges regarding safety in higher risk buildings and in relation to bedroom allo cations for foster children. Alternative options considered and rejected None. Classification Public Link to associated report Here Relevant Officer contact & Directorate Debby Weller – Planning, Environment, Education & Community Services Any interest declared by the Cabinet Member(s) / dispensation granted N/A Implementation of decision & scrutiny call-in [Internal Use only] When can this decision be implemented by officers? Officers can implement Cabinet Member decision in this notice only from the expiry of the scrutiny call-in period which is: 5pm, on Thursday 22 July 2021 However, this is subject to the decision not being called in by Councillors on the relevant Select Committee. Upon receipt of a valid call-in request, Democratic Services will immediately advise the relevant officer(s) and the decision must then be put on hold. Councillor scrutiny call- in of this decision Councillors on the relevant Select Committee shown in this notice may request to call-in this decision. The request must be before the expiry of the scrutiny call-in period above. Councillors should use the Scrutiny Call-in App (link below) on their devices to initiate any call-in request. Further advice can be sought from Democratic Services if required: Executive Decision Notice – 15 July 2021 Page 3 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Scrutiny Call-In - Power Apps (secure) Further information These decisions, where applicable, have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. This is the formal notice by the Council of the above executive decision, including links to the reports where applicable. If you would like more information on this decision, please contact Democratic Services on 01895 250636 or email: democratic@hillingdon.gov.uk. Circulation of this decision notice is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public. Copies are also placed on the Council’s website. Democratic Services London Borough of Hillingdon Civic Centre High Street Uxbridge UB8 1UW