Emergency Social Housing Allocations Policy
In this section
- Appendix Two – Section 55 of the Renting Homes (Wales) Act 2016
- Appendix Three – Local Connection and Community Connection definition and areas
- Appendix Four – Location, type, and size of property
- Appendix Five – ‘Criteria for Letting’
- Appendix Six – Identified Support Needs
- Appendix Seven – Reasonable Offer and Suitable Offer Flowchart
Allocation Process
4.1 We are committed to ensuring that our allocations and lettings do not discriminate, and we aim to meet our obligations under the Equality Act 2010. This includes all applicants being able to access the service taking account of any vulnerability or specific needs.
Size, Type and Location of Homes
4.2 We will establish where an applicant has a community connection, as well as the size and type of home they need. As far as possible, we will aim to meet their aspirations as well as their needs. We will also ask an applicant about areas where they believe they cannot live, for example due to fear of violence, harassment, or domestic abuse.
4.3 Giving applicants a choice must be set against our legal responsibilities to discharge our homeless duties and the high demand for housing in Carmarthenshire. We may not be able to meet every applicant’s preference.
4.4 Appendix Four sets out which size of property applicants will be considered for.
Allocations – Where ‘criteria for letting’ applies
4.5 Under this Policy, the following allocations will have their own criteria for letting. Further detail is provided in Appendix Five:
- New housing developments where Local Lettings Policies (LLPs) apply.
- Traveller sites – Accommodation needs for traveller families are assessed under section 101 of the Housing (Wales) Act 2014.
- Adapted accommodation – Some homes have been specially adapted to meet people’s needs. This type of accommodation includes homes for people with disabilities and people with special housing requirements. To ensure we match people to adapted homes and make the best use of the accommodation we have available, an Accessible Housing Register (AHR) is operated as part of the main Register (see Operational Procedure for full details).
- Shared accommodation – shared lettings will allow for some self-selection of fellow sharers.
Allocations - Where ‘Exceptional Circumstances’ applies
4.6 Under this Policy, the following allocations will have a detailed and evidenced report of all exceptional circumstances approved by the Head of Housing and Public Protection or the Housing Hwb Manager and for future inspection where this power has been used by any member of the Partnership.
Exceptional circumstances – For example but not exhaustive:
- Where there is a need to provide alternative accommodation for a tenant to carry out repairs or improvements to their home or where the tenant needs to be moved as part of a regeneration scheme and the tenant has chosen not to move back in after the works have been completed.
- Where there are significant operational or management issues requiring an urgent and permanent move.
- Where an applicant has reasonable preference and where several statutory agencies are involved, and immediate provision of housing will alleviate multi-agency input.
- Any other allocation that does not fall outside of this Policy.
Allocations – ‘Exempt’ from this Policy
4.7 There are times when allocations of homes are exempt from this policy, or where homes may be allocated outside of the usual banding priorities. In the interests of transparency, we will record all such allocations.
These include those mentioned in S160 Housing Act 1996. The list below is exhaustive:
- Where there is a need to provide alternative accommodation for a tenant to carry out repairs or improvements to their home or where the tenant needs to be moved as part of a regeneration scheme.
- A transfer that is permitted under section 114 or 118 of the Renting Homes (Wales) Act 2016
- Where a person succeeds to a secure occupation contract under section 73, 78 or 80 of the Renting Homes (Wales) Act 2016.
- Where a tenant dies, and succession of the contract to members of their household applies under the Renting Homes (Wales) Act 2016. If the home they have gained succession for is bigger than they reasonably need, they may be offered suitable alternative accommodation. Or if the homes they succeed is an adapted property they may be offered a suitable alternative to ensure we make the best use of our stock.
- Adding or removing any qualifying persons to or from a secure contract in line with the Renting Homes (Wales) Act 2016:
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- Where an occupation contract vests in or is otherwise disposed of pursuant to an order listed in section 160(3A) (d) of the Housing Act 1996.
- Where an introductory standard contract becomes a secure occupation contract under section 16 of the Renting Homes (Wales) Act 2016.
- Where a prohibited conduct standard contract becomes a secure occupation contract under section 117 of the Renting Homes (Wales) Act 2016.
- Where there is a duty to re-house people or following a compulsory purchase, or other legal process.
- Where an applicant is homeless and in temporary accommodation that would not be suitable for more than a short period of time, or where we need to move applicants out of temporary accommodation to manage the budgetary implications
- Where an existing contract-holder or occupant is given a substitute occupation contract, in respect of the same dwelling or substantially the same dwelling.
- Where an existing contract-holder or occupant is given a new occupation contract in respect of a different dwelling, for housing management reasons (for example, to prevent under-occupation or overcrowding, or to resolve an anti-social behaviour matter).
- Where a minor who occupies a dwelling is given an occupation contract of the same dwelling, on reaching the age of 18.
- Where a standard or secure occupation contract (other than an introductory standard occupation contracts) is made in the circumstances set out in Schedule 3 of the Renting Homes (Wales) Act 2016 (Occupation Contracts Made with or Adopted By Community Landlords Which May Be Standard Contracts).
- The provision of suitable alternative accommodation, where possession of a dwelling is sought or obtained (or could be sought or obtained) on estate management grounds under the Renting Homes (Wales) Act 2016.
- Where the Council is ordered to provide suitable alternative accommodation by a court or tribunal or agrees to provide suitable alternative accommodation to settle or avoid a legal proceeding.
- The provision of supported housing and homelessness temporary accommodation.
- Where an existing license or tenancy becomes an occupation contract under the Renting Homes (Wales) Act 2016.
Direct Allocations
4.8 In order to meet the needs of its residents in greatest housing need, all the Council and RSL vacancies will be considered for direct allocation under this Policy for applicants:
- With exceptional circumstances followed by those in Band A; and
- Who have a Local Connection (See Appendix Three)
4.9 When selecting applicants to be considered for direct allocations we will consider the size and type of property (See Appendix Four) and whether the property has had disabled adaptations. We will prioritise applicants in accordance with the following prioritising factors:
Prioritisation Factors | Criteria | Process |
---|---|---|
First | Time Registered in Duty or the priority band | We will sort in Duty order (1st S.75, 2nd S.73, 3rd S.66, 4th Urgent Housing Need) based on the time spent in the priority band. Offers will be made in Duty and date order. |
Second | Community Connection Criteria | We will sort by Community Connection (see Appendix Three for full details of community connection). Only people with a community connection will be considered in the first instance. If there are no applicants with a community connection, we may consider other applicants who have expressed a preference to live in that community. |
Third | Identified support Needs | Only applicants who can be supported to live in settled accommodation will be considered. (See Appendix Six for full details of support needs definitions). |
Fourth | Community Cohesion | To support a sustainable tenancy, we will consider the impact of any eligible applicant on the wider community before making the nomination. |
4.10 Where we are unable to directly match an available home to people in greatest need, we will continue to advertise those properties on Canfod Cartref – any applicants in Bands A, B and C on the Housing Register can continue to bid for these homes. When selecting applicants for advertised homes, the offer is made to the highest banded applicant (with local connection, community connection and time waiting used to help us to shortlist between people in the same Band).