Emergency Social Housing Allocations Policy

Offer of accommodation

The Offer of Direct Allocation

5.1 The offer is made in line with the prioritisation criteria set out in section 4.9 above.

5.2 Once an applicant has been identified for a property, we will carry out a further verification of their eligibility and priority to ensure all information is accurate and correct before a formal offer is made. An offer will not be made if;

• Since joining the register an applicant has become ineligible.
• The Priority Band was found to have been incorrectly awarded due to the information provided by the applicant.
• Circumstances have changed since the Priority Band was awarded and the applicant is no longer entitled to the same level of priority.

5.3 We will verify all applicants’ details and request proof in certain circumstances to confirm the information given is correct. Failure to provide the required information may mean we will withdraw the offer.

5.4 It is the applicant’s responsibility to keep us up to date of any changes to their housing needs or household make up. It is critical that we have accurate contact details. If the applicant fails to respond to our contact, we will bypass them for the nomination and may remove them from the Housing Register.

5.5 It is an offence to give a false statement or to withhold information in connection with making a housing application. Where there is evidence of such an offence, we will initiate legal proceedings against the applicant and take steps to end any tenancy gained fraudulently.

Reasons why an RSL may refuse a nomination

5.6 It is important to note that RSLs also carry out their own verification processes and they may refuse to accept an applicant as a tenant if they do not meet the guidelines set out in their own policies. This would include applicants who owe a rent debt but who have been allowed onto the Register.

5.7 RSLs will also carry out an affordability check when allocating properties to ensure that applicants are able to afford the rent for the property.

5.8 If, for any reason, the RSL is considering refusing an applicant for a property they will contact the applicant to let them know and the applicant will be given an opportunity to request a review of the decision. If the Council do not agree with the decision of the RSL, we will negotiate with them, but we may have to move on to another nomination if that negotiation is unsuccessful.

5.9 RSLs may also prevent an offer going ahead where the property is not considered to be suitable for an applicant. This may include issues of public safety, risk, or sustainability of the tenancy. An offer may not be made or may even be withdrawn if an applicant’s support needs are such that the housing provider, in consultation with the Council, deems that the applicant will be unable to maintain an independent tenancy. This decision may also be informed by the input from other partner agencies involved in a case. In these circumstances there must be a sufficient care, or support, package available to ensure the tenancy is likely to be successfully maintained.

Reasonable Offers

5.10 Applicants in Band A will be offered a Reasonable Offer or a Suitable Offer (Part 6 HA 1996). Applicants to whom we owe a Housing Duty will be given a Reasonable Offer to discharge our Homelessness Duty; all other applicants will be given 2 Suitable Offers. See Appendix Seven for an explanatory flow-chart.

5.11 Where an applicant has been made an offer of the size and type, they need, we shall set out the offer, the consequences of not accepting the offer and their right of review if they refuse the offer in line with HWA 2014.

5.12 If the applicant does not consider the offer to be reasonable, refuses the offer and submits a request for a review, the property shall be re-allocated in-line with the prioritisation criteria above. Should the review be upheld the applicant will be offered a further ‘Reasonable Offer’.

5.13 Should the review not be upheld; the applicant will be removed from the eligibility Band A and reassessed.

5.14 We may make a suitable offer to applicants in Band A who we do not owe a Housing Duty to. Where an applicant has been offered a home of the size and type, they need, we shall make up to two offers setting out the offer, the consequences of not accepting the offer, and their right of review if they refuse the offer.

5.15 If the applicant does not consider the second offer to be suitable, refuses the offer and submits a request for a review, the second property shall be re-allocated in-line with the prioritisation criteria above. Should the review be upheld the applicant will be offered a further ‘Suitable Offer’.

5.16 Should the review not be upheld the applicant will be removed from the eligibility Band A and reassessed.

5.17 Where an eligible applicant is 18-35, the offer of a shared tenancy will normally be considered a Reasonable or Suitable Offer as this is consistent with the offer of accommodation in the private rented sector and the level of help applicants get with all or part of their rent, unless the applicant can demonstrate affordability of a 1-bedroom home or provide evidence from an appropriate professional that shared housing would not be an appropriate offer.

The Review Process

5.18 The applicant has the right to review any of the following decisions:

• The applicant disagrees with the decision not to place them in the Emergency Band.
• The applicant considers that a decision has been reached based on incorrect information.
• The applicant has been treated as ineligible based on their immigration status.
• The applicant has been treated as ineligible to join the register due to unacceptable behaviour.
• The applicant disagrees with a Reasonable or Suitable Offer of accommodation.

5.19 Applicants must request a review of a decision within 21 days of being notified in writing of the decision. They must give reasons why they wish to have the decision reviewed including where they believe an incorrect decision has been made.

5.20 The applicant has a right to representation as part of the review. Examples of who may make representation include family members, support workers, social workers, or local members.

5.21 The review will be carried out by a senior officer of the Council. The reviewing officer will not have been involved in making the original decision.

5.22 The applicant should normally be notified of the outcome of the review within 8 weeks of the review request.