Agenda Item - Bedford

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Agenda Item *

For publication Bedford Borough Council Date 9th January 2014 Report by: Portfolio Holder for Adult Services and Community Wellbeing and the Executive Director of Adult and Community Services Subject: Proposed Changes To The Bedfordshire Homefinder Choice Based Lettings Allocation Scheme 1. Executive Summary

In response to the Localism Act 2011 and the Statutory Code of Guidance for the Allocation of Accommodation published in June 2012, the Bedfordshire Homefinder Partnership reviewed the Sub-Regional Choice Based Lettings Scheme. The Bedfordshire Homefinder Partners agreed to frame their Allocation Schemes to the housing needs of their own Local Authority areas requiring each area to publish its own Allocation Scheme. The proposed Bedford Borough Allocation Scheme is the joint Allocation Scheme of Bedford Borough Council and bpha, who manage and administer the Council’s housing nomination rights.

2. Recommendations 2.1 To approve changes to the Scheme of Allocation of social rented tenancies to which Bedford Borough Council has nomination

rights.

3. Reasons For Recommendations 3.1 The amendments to the Allocation Scheme will ensure that the scheme meets legal requirements, follows the new statutory code of

guidance and achieves the rehousing priorities to meet local housing need. 4. Key Implications 4.1 The Housing Act 1996 requires all Local Housing Authorities to have a scheme of allocation in order to allocate social rented housing

accommodation. Bedford Borough Council has rights to nominate housing register applicants for a proportion of vacant social rented

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properties owned by Registered Housing Providers. Bedford Borough Council is required to have an allocation scheme to allocate accommodation to which it has nomination rights.

The Housing Act 1996 (as amended by the Homelessness Act 2002 and the Localism Act 2011) requires that an allocation scheme gives reasonable preference to people in certain situations, for example, people who are homeless. The Scheme must also include a statement on offering a choice of housing accommodation. New Statutory Guidance for the Allocation of Accommodation was published in June 2012.

4.2 Policy The current Allocations Scheme was approved by Executive in March 2008 with delegated authority being granted for the approval of

amendments to the scheme. Initial changes to the scheme were agreed in July 2011as a result of the first full review of the Scheme.

4.3 Resource Implications

The resource required to amend applicants priority banding and to remove applicants who will no longer qualify under the recommended changes is contained within the Housing Register Contract with bpha

4.4 Risk Implications If the proposed changes to the Allocation Scheme are not made, the Housing Register will continue to enable applicants to apply where they

have no housing need and no realistic likelihood of being housed.

4.5 Environmental Implications All affected applicants will be notified in writing of the changes and published material will be amended and re-issued. Information will be

published on the Bedfordshire Homefinder Website in order to reduce as much as possible the need for printed material. 4.6 Equalities Impact An Equality Impact Assessment of the proposed changes has been carried out. The conclusion from assessing the scheme to date is that

there are no adverse impacts to any particular equality group. The Scheme will be monitored and reviewed after 1 year of implementation to enable sufficient data to be captured and analysed.

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5. Details 5.1 The Bedfordshire Homefinder Partnership was established in response to a Government priority to introduce choice based lettings schemes

which extended beyond the boundaries of a Local Authority area. The Bedfordshire Homefinder Partnership includes Bedford Borough Council, Central Bedfordshire Council and Luton Borough Council and the 2 largest housing associations in Bedfordshire, Aragon and BPHA. The Localism Act 2011 brought about significant freedoms in the way that Local Authorities could frame their Allocation Schemes. The members of the Bedfordshire Homefinder Partnership identified that the Sub-Regional Choiced Based Lettings Allocation Scheme was not responsive to local demands and that the Localism Act presented an opportunity to refine Allocation Schemes to their own geographical areas.

5.2 The proposals in respect of the Bedford Borough Allocation Scheme include:

• giving greater weight to applicants having a local connection to Bedford Borough through employment, residency or family association.

• balancing demand from statutory homeless applicants, priority transfers, and general needs applicants through the use of quota’s

• simplifying the complexity of the banding system which had enabled applicants in band 3 to qualify for cumulative “needs” for deficiencies

in their current housing.

• including an emergency band for applicants who need to be housed urgently through a direct letting so that they do not have to bid.

• Including a band for applicants who would like sheltered housing only and would not normally qualify to join the housing register

• disqualifying applicants from joining the housing register where they cannot afford rent and bills or where they have previously demonstrated a history of antisocial behaviour, been evicted or have provided false information to obtain a tenancy.

• disqualifying applicants for a period of one year where they have refused 3 reasonable and suitable offers of accommodation.

• disqualifying applicants with no housing need or with sufficient income or assets to secure their housing privately.

• Giving additional preference to Armed Forces personnel in accordance with new regulations.

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5.3 Implementing the proposed changes will result in a significant number of applicants who are currently adequately housed being de-registered. bpha will manage the appeals process to ensure that applicants who have not previously notified a change of circumstance which would qualify them to remain on the Housing Register will retain their effective date of registration.

6. Summary Of Consultations And Outcome 6.1 Methodology: An internet questionnaire was produced by bpha in conjunction with Bedford Borough Council. The survey was made

available on both the bpha and Bedford Borough Council websites. Staff in bpha reception promoted the consultation to potential applicants. Consultation took place for seven weeks and closed on 18th August 2013

6.2 Consultation was carried out electronically as customers and stakeholders use the internet to access Bedfordshire Homefinder. bpha

encouraged responses from social housing providers and organisations which help and support people with housing problems by holding 4 briefing sessions for stakeholders . In addition bpha wrote out to a number of local organisations as well as to 10% of people who were currently registered inviting them to take part in the survey.

6.3 Overall 75 responses were received to the consultation of which 74 were received via the online questionnaire. One response was received

by letter and the feedback has been reviewed separately to the overall results. A total of 14 responses were received from organisations and the remainder were individual responses. The full consultation document will be published on the websites of bpha and Bedford Borough Council. The summary of changes made in response to the consultation is appended to this report at Appendix A.

6.4 The following Council units or Officers and/or other organisations have been consulted In preparing this report:

Portfolio Holder for Adult Services and Community Wellbeing

Management Group

7. Ward Councillor Views

Not applicable for this report The two Appendices to this report are available on the website, www.bedford.gov.uk

Decision 1169 App A.doc

BEDFORD BOROUGH HOUSING REGISTER HOUSING ALLOCATION SCHEME CONSULTATION FEEDBACK

SUMMARY & RECOMMENDATIONS

This document sets out each proposed change to the Allocation Scheme together with a summary of the consultation feedback and the final recommendation in respect of each proposal. The full consultation feedback report is available at: www.bedford.gov.uk www.bpha.org.uk Where respondent’s have raised comments and concerns which are resolved in the detail of the Allocation Scheme, detailed explanations have not been included in this feedback summary.

ELIGIBILITY TO JOIN THE HOUSING REGISTER Question 1: Applicants who will qualify for the Housing Register by having a local connection to Bedford Borough Current policy:

Suggested Change:

People with no local connection are currently allowed to register and awarded Band 4 preference

The new policy will require people to have a local connection to Bedford Borough to qualify for the Housing Register. (a) Applicants must have lived in

the Borough for the past three years

(b) Applicants must have worked in

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the Borough for at least 12 months (at least 16 hours a week)

(c) Applicants must have had close family in the Borough for the last five years and need to either give or receive support

Why we are thinking of making this change: The Localism Act 2011 allows Housing Authorities to decide who can qualify for the housing register. We want to meet the housing needs of people with a connection to Bedford Borough, so we are restricting access to the register to those people. Consultation Response: • Respondents were more in favour of the proposed changes than those who

disagreed. • Concern was expressed that any residency period in supported

accommodation (hostels) would not be counted towards establishing a local connection.

• Some respondents expressed concern that a 3 year residency requirement was too long, although there was support for priority being given to people with a connection to the area.

• In respect of a local connection established through family connection, one respondent suggested that the definition of ‘son or daughter’ should not be limited to Adult son or daughter.

Recommendation: The proposal is accepted. The allocation scheme will reflect that hostel residency will count towards establishing a local connection. A 3 year residency period is being adopted by many neighbouring and surrounding Local Authorities. The 3 local authorities in the Bedfordshire Sub-Region have agreed that a sub-regional allocation scheme no longer provides enough flexibility to meet the needs of their areas, however there is agreement to keep the schemes as consistent as possible. Having a consistent residency requirement across Bedfordshire ensures that the 3 Local Authorities are able to focus on providing social rented accommodation for people with a strong connection to their own local area. Applicants can qualify to join the scheme earlier than 3 years if they have been working in the Borough for 12 months or if they have close family in the Borough with a long standing residency connection ie 5 years and there is a need to give or receive support. The Allocation Scheme also sets out that an applicant may be accepted where there are exceptional circumstances and the local connection criteria is not met.

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The close family definition of ‘adult son or daughter’ will be monitored for any adverse impact on families with younger children and for consideration in any future proposed amendments to the scheme. Question 2: Applicants who will not qualify for the Housing Register due to their personal circumstances

Current policy:

Suggested Change:

Band 4 is awarded to people who are adequately housed in a social tenancy, homeowners and people with income/assets sufficient to provide their own housing in the private sector

the following applicants will normally not qualify: (a) Home owners (b) Applicants with enough

income/assets to secure their housing privately

(c) Applicants who have no housing need as defined by the Banding scheme

Why we are thinking of making this change: The Localism Act 2011 allows Housing Authorities to decide who can qualify for the housing register. We want to make sure that only people who cannot solve their own housing problems are able to register. Many of the people who will no longer qualify for the register were previously allowed to register and placed in band 4. These applicants had no realistic chance of being housed. We will now tell applicants that we cannot help them, rather than raise expectations which we cannot meet. Consultation Response: • A majority of respondents agreed that:

o homeowners should be excluded from the housing register o applicants with sufficient income/assets to secure their housing

privately should be excluded from the housing register o applicants that have no housing need defined by the banding scheme

should be excluded from the housing register • Respondent’s comments included concerns expressed for

o home owners who may no longer be able to sustain home ownership for a number of reasons.

o The level of income/assets that will be used to assess whether applicants can secure their housing privately

o Where applicants will go for help if they are excluded.

Recommendation: The proposal is accepted. Exceptions are written into the Allocation Scheme so that due regard can be

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given to applicants who cannot join the housing register due to the level of income or assets, including unreleased equity in a property, where they have overriding medical or support needs; if they are facing eviction through no fault of their own or if they are statutorily overcrowded. Applicants fleeing domestic violence are assessed under the provisions of the homelessness legislation. There is no proposed change from the existing allocation scheme regarding the calculation to be used when assessing income for applicants who are able to secure their housing privately. The figures will need to be monitored in order to ensure that they are updated in response to economic changes. Applicants who will no longer qualify for the housing register in the circumstances set out in this proposal are considered to have no housing need and therefore their exclusion will have no impact on their housing circumstances. If potential applicants require any advice regarding whether their circumstances mean that they no longer qualify for the Housing Register, the Council’s Housing Options Service is available to give advice to everyone. Question 3: Applicants who refuse suitable offers of housing Current policy:

Suggested Change:

There are currently no sanctions for applicants who refuse accommodation offered to them as a result of them placing a bid for the property.

Applicants who have refused two reasonable and suitable offers of accommodation will be disqualified from the housing register for one year.

Why we are thinking of making this change: Applicants who refuse properties they have chosen to bid for are disadvantaging others who are seeking housing. Consultation Response: • A majority of respondents agreed that applicants who had refused two

reasonable and suitable offers of housing should be disqualified for one year • Respondent’s comments included concern expressed for any blanket

application of this sanction as there may be reasons as to why a refusal was reasonable. Equally, respondents also expressed support for the sanction in order to prevent “time wasters” and because people in real need would not refuse an offer.

Recommendation: The proposal is accepted with an amendment All applicants express choice for available properties when they place a “bid” for a property through Bedfordshire Homefinder. Applicants who then refuse a property for which they have expressed choice are disadvantaging other applicants who may have chosen to bid differently. However due to concern

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expressed regarding the introduction of this sanction the proposal has been amended to: Applicants who have refused three reasonable and suitable offers of accommodation will be disqualified from the housing register for one year. The Allocation Scheme sets out how an applicant has the right to request a review of any decision to disqualify them from the Housing Register on the basis of having received three reasonable and suitable offers of accommodation. The right of review considers the circumstances of the refusal to ensure that the applicant’s circumstances are taken into account. . Question 4: Applicants who will not qualify for the Housing Register due to their current circumstances Current policy:

Suggested Change:

No provision in the current policy the following applicants will normally not qualify: (a) Applicants with insufficient

income to afford rent and bills (b) Applicants living in an institution

or in prison who are not expected to leave within three months

Why we are thinking of making this change: We want to make sure that only people who are able to take up a tenancy, and meet the requirements of maintaining their tenancy are offered housing Consultation Response: • A majority of respondents agreed that applicants with the above

circumstances should be excluded from the housing register. • Respondent’s comments included concern that applicants with insufficient

income should be supported to maximise income or deal with debt and escape poverty.

• Respondents expressed concern about prisoners re-offending if homeless and that they should be provided with accommodation as soon as possible if their release date is known. Equally the view was also expressed that priority should not be given to prisoners.

Recommendation: The proposal is accepted The Allocation Scheme clarifies that applicants will be assessed in order to determine whether their income is insufficient. Applicants with debt repayment liabilities can be referred for money advice and applicants can re-apply once they

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have secured employment or obtained a decision regarding any welfare benefit entitlement. Some applicants may be in receipt of welfare benefits which are insufficient to cover rent for self-contained accommodation and the cost of utility bills, their options may be limited to shared accommodation with shared bills. An assessment of an applicant’s ability to pay is necessary to ensure they are not placed in accommodation which is unaffordable. Applicants who are not able to occupy a tenancy if they successfully bid before a discharge or release date would not be entitled to Housing Benefit and would be unable to meet their rent liability. The proposal seeks to ensure that applicants are able to bid only when they are likely to be able to take up occupation. Question 5: Applicants who will not qualify for the Housing Register due to behaviour Current policy:

Suggested Change:

The current policy also allows for the following to be excluded: • applicants who have a history of

antisocial behaviour; • applicants who have been evicted

from a social tenancy; • applicants who have provided false

information to obtain a tenancy Normally, an applicant is excluded for an initial period of two years and can then reapply The current policy also allows for the following to be placed in Band 4 to reflect reduced preference as a result of behaviour • People who have been guilty of

antisocial behaviour, domestic violence, hate crime or who have been violent or aggressive to Council’s or housing provider’s staff

• Households who have breached the terms/conditions of their tenancy.

The following applicants will normally not qualify: (a) Applicants who have been guilty

of antisocial behaviour, (b) Applicants that have perpetrated

domestic violence, hate crime or who have been violent or aggressive to Council’s or housing provider’s staff

(c) Applicants who have breached a previous tenancy

(d) Applicants who owe a housing related debt

(e) Applicants who give false information to obtain a tenancy

An applicant will be disqualified for an initial period of two years and can then reapply.

Why we are thinking of making this change: Many of the people who will no longer qualify for the register were previously allowed to register and placed in band 4. The Localism Act 2011 allows Housing

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Authorities to decide who can qualify for the housing register. Applicants who have a history of antisocial behaviour or poor tenancy management will need to prove that they can manage a tenancy and have demonstrated responsible tenant behaviour before they are accepted onto the housing register. Consultation Response:

• The proposals which attracted the most support from respondents were where applicants had given false information to obtain a tenancy and if they had perpetrated domestic violence, hate crime or been aggressive to a member of staff.

• The proposals to exclude applicants on the basis of owing a housing related debt and on the basis of breaching a previous tenancy attracted least support although a majority of respondents supported the proposal.

• A majority of respondents agreed that applicants guilty of anti-social behaviour should not qualify to join the housing register.

• Comments received from respondents generally raised concern’s about how behaviour is assessed objectively and the need to consider any mitigating factors which would impact on behaviour, such as mental health, complex needs and abusive relationships.

• Respondents also commented on the need to consider how changes in behaviour will enable applicants to be reconsidered.

• Comments also supported the view that people should be made aware of the consequences of their actions.

Recommendation: The proposal is accepted Under the Allocation Scheme objective evidence of a formal sanction will be required to consider that an applicant does not qualify to join the housing register on the basis of antisocial behaviour, domestic violence, hate crime or having been violent or aggressive to Council’s or housing provider’s staff. For example; convictions, notices, ASBO’s etc. The applicant may reapply after the disqualification period, and will be required to provide evidence of improvement in their behaviour, e.g. successful maintenance of a tenancy. Regarding applicants who do not qualify for the housing register due to having, or accruing, a housing related debt, the Allocation Scheme states that A blanket policy is not operated and each case will be considered on its own merit. Due regard will be given to the applicant’s circumstances when applying the qualification criteria and applicants have the right to request a review of the decision that they do not qualify. Applicants who have breached a previous tenancy and who have been served a Notice to Quit within the past two years prior to receipt of the application will not qualify to join the Register for two years from the date of the Notice to Quit. Where an applicant can demonstrate significant improvement in the management of their tenancy and have adhered to their terms and conditions for a period of not less than 12 months they may make a fresh application.

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The proposal sets out to encourage applicants to manage their tenancies responsibly and encourages changes in behaviour. The provisions within the Allocation Scheme provide applicants with a right of review of any decision against the interests of an applicant. Any review takes into account the circumstances of an individual when applying criteria which results in applicants not qualifying to join the housing register. 6: Applicants who will not qualify for the Housing Register due to subletting or abandoning a tenancy Current policy:

Suggested Change:

No provision in the current policy Applicants who have sublet a social tenancy, or who have been evicted because they have abandoned a social tenancy will be disqualified from joining the housing register for seven years.

Why we are thinking of making this change: People who have used social housing to make a profit through subletting, or those who simply leave a property, usually with large debts and/or damage to the property, should not be considered for housing again until they have demonstrated responsible tenant behaviour. Consultation Response: • Nearly two thirds of respondents agreed with this proposal. • Respondents commented that 7 years was too long and the ban should be for

a lesser period • Respondents expressed more concerns about the sanction in respect of

abandonment and suggested that abandonment and subletting should be treated separately.

Recommendation: The proposal is accepted in respect of tenants who have sublet a social tenancy. In response to the consultation the proposal in respect of tenants who have abandoned is amended so that they will not qualify for two years. This amendment brings abandonment into line with other types of behaviour where applicants do not qualify to join the Housing Register for a period of 2 years. Subletting of a Social Tenancy is a serious fraud and comes within the terms of the Fraud Act 2006. In order to sublet a property the tenant will no longer require the tenancy and has made a deliberate attempt to profit from a scarce resource. In view of recent cases and fines, the period of 7 years is considered reasonable. Respondent feedback highlighted that abandonment, in many cases, is another

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facet of untenant-like behaviour and should be brought into line with applicants not qualifying to join the Housing Register for a period of 2 years as set out in proposal 5. ASSESSING HOUSING NEED The Banding Scheme is based on the giving ‘reasonable preference’ to certain categories of people as required by the Housing Act 1996, as amended by the Homeless Act 2002, the Housing and regeneration Act 2008 and the Localism Act 2011. The following categories of people must be given ‘reasonable preference’: • People who are homeless or threatened with homelessness • People in unsanitary, overcrowded or otherwise unsatisfactory housing • People who need to move on medical or welfare grounds • People who need to move to avoid hardship or harm In addition, to meet local housing need and make best use of the available stock, the current banding scheme gives reasonable preference to: • Most existing social tenants under-occupying their current accommodation • Existing tenants where the landlord agrees a move would be appropriate for

management reasons Question 7: Giving reasonable preference to people in certain situations Current policy:

Suggested Change:

No provision in the current policy Under the new Scheme, preference will also be awarded to the following (a) Tenants in disabled adapted

homes who no longer require them.

(b) Applicants who are in low paid work (based on a quota of available properties)

Why we are thinking of making this change: In order to make best use of housing stock and to meet housing need we want to help tenants move from properties which are specifically built or adapted for people with a disability where the property is no longer required for that purpose.

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Low-paid workers with a housing need, as defined by the Banding scheme, will be given preference for a proportion of vacancies. Low pay is defined in the allocation scheme. We want to support workers with a housing need and who may find difficulty in meeting their housing costs in the private rented sector. Although low pay does not attract reasonable preference within the Allocations Scheme, the Council is keen to see that a number of lets are made to this group of people. Consultation Response: • An overwhelming majority of respondents were in agreement with both of

these proposals. • Few respondents commented on the proposal in respect of tenants who may

no longer require disabled adapted homes. • Comments from respondents in respect of giving priority to people on low

incomes were generally aimed at seeking clarity on how the proposal would be implemented.

• Some suggestions were made about other groups of people being given priority, however these were not open to the consultation and cannot be included in the proposals put forward.

Recommendation: The proposal is partly accepted Examples of when a disabled adapted home may no longer be required include where the property has been provided for the benefit of a child who has since grown up and moved out into their own independent tenancy, or where a disabled household member may have to move to more supported living because care can no longer be provided within home. In these situations tenants should be given priority to move so that the property can be used to meet housing need. The income threshoIds set out in the Allocation Scheme determine the level at which an applicant can secure their own accommodation privately. These thresholds determine the income level for people in employment being accepted on the Housing Register. The level would indicate that most workers in housing need accepted on to the Housing Register would be in low paid employment and therefore it would not be appropriate for a separate quota to be applied for these households. Question 8: Vacancies made available to applicants in Luton and Central Bedfordshire (cross border allocations) Current policy:

Suggested Change:

The current Allocation Scheme allows for 10% of all Bedford Borough vacancies to be offered first to applicants on waiting lists in other

The new scheme will abolish the fixed 10% quota. Applicants can still be nominated to other areas if there are good reasons why they need to be

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areas of Bedfordshire – ie. Central Bedfordshire or Luton. In return, 10% of vacancies are offered first to applicants from Bedford Borough. .

housed elsewhere. Acceptance will depend on agreement between the local authority areas about the numbers of applicants that can be considered.

Why we are thinking of making this change: The Localism Act 2011 allows us to ensure that we are meeting the needs of people with a local connection to Bedford Borough. Offering a fixed quota of properties to applicants from other areas was intended to help people move to other areas for work, support or family reasons but does not guarantee the best use of housing in the local authority area, so we will consider applicants’ need to move between areas on a case-by-case basis. Consultation Response: • A majority of respondents agreed with this proposal • Comments from respondents varied considerably in respect of this proposal

there were supportive comments reiterating the tie in with implementing the local connection criteria. Concern was expressed about the ability to move for employment reasons.

Recommendation: The proposal is accepted The 3 Bedfordshire Local Authorities have monitored the effect of 10% of all lettings being made available to applicants from another Bedfordshire Local Authority area. In most cases successful bidders for cross border vacancies were not seeking to specifically move to the area but as there were fewer bidders for cross border vacancies, applicants were likely to be successful in being rehoused earlier than if they waited for a property in their own area. In order to ensure that there is a mechanism to enable applicants, with an overriding need, to move to another area in Bedfordshire, the 3 Bedfordshire Local Authorities, through the Bedfordshire Homefinder Partnership, have committed to establishing reciprocal agreements which will be approved through the Bedfordshire Homefinder Partnership Board. NEW BANDING SCHEME The new scheme will have six bands:

Emergency Band - Applicants fleeing violence Band A - Urgent Housing Need Band B - High Housing Need Band C - General Housing Need Band D - General Housing Need with reduced priority

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Band S - Applicants over 60 looking for sheltered housing with no housing need defined by the banding scheme

Most people will fall into Band A to D . Applicants in Bands A-D and S will be able to bid for properties using Bedfordshire Homefinder. The current scheme comprises Bands 1 to 4. Band 3 also contains levels of Needs, depending on the circumstances of the household. Question 9: Band A will be for applicants with an urgent housing need Current policy:

Suggested Change:

Band 2: is awarded to people in urgent need, including: • Under-occupying tenants • Management Transfers • Households accepted as homeless • Households subject to a

Demolition/Closing Order/Emergency Prohibition Order

• Local Authority Tied Tenants where there is an obligation to rehouse

• Tenants covered by the Rent Agriculture Act 1976

Band A – Urgent Housing Need (a) Tenants who are under-

occupying their property (b) Management Transfers (where

bpha need to manage the stock effectively)

(c) Armed forces personnel with serious injuries who would qualify for Band B due to their current housing needs

(d) Applicants with severe medical needs (life threatening condition or severe disability where the current property contributes directly)

(e) Tenants in properties adapted for people with a disability who no longer require the property

Why we are thinking of making this change: The proposed scheme is intended to be simpler to understand, take account of new legislation, regulations and guidance and make best use of the housing stock. It recognises that, for many people, private sector tenancies provide a housing solution which meets housing need. Consultation Response: • A high majority of respondents agreed with the categories of applicant that

should be considered as a having an urgent housing need. The inclusion of management transfers where bpha need to manage the stock effectively attracted the lowest level of respondents who agreed with the proposal and

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the highest level of respondents who did not know whether they agreed or disagreed.

• Respondent’s comments in respect of tenants under-occupying reflected knowledge of the effect of benefit restrictions due to under-occupation.

• In respect of management transfers, one respondent commented that this band was not appropriate and another stated that the criteria should apply to other Registered Providers not just bpha.

Recommendation: The proposal is accepted with the addition of Applicants with an accepted statutory homelessness duty with medical or welfare needs (see consultation response under Band C) The highest priority is given to social tenants who are occupying properties that no longer meet their needs in order to free up properties for more appropriate allocation. Failure to ensure that properties are occupied appropriately will impact on the housing register not being able to meet housing need effectively. The Allocation Scheme reflects that “Management transfers” applies equally to all Registered Housing Providers with which Bedford Borough Council has nomination rights. Applicants previously included in Band 2 who are not now included in Band A are included in other bands or are covered by other statutory rehousing obligations. Question 10: Band B will be for applicants with high housing need Current policy:

Suggested Change:

In Band 3, Needs are awarded for the following: Homelessness or under Notice to leaveOvercrowding Lacking bedrooms Living in a hostel Living in a private tenancy or lodging with family or friends Having no access to water/sanitation Having dependent children Needing support or resettlement Medical conditions affected by housing Harassment

Band B – High Need (a) Armed forces personnel with

serious injuries who would qualify for Band C due to their current housing needs

(b) Applicants who fall into more than one category in Band C

Why we are thinking of making this change: Currently, within band 3, higher priority is awarded to applicants with an

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accumulation of “needs”, also referred to as cumulative preference. The proposed scheme is intended to be simpler to understand, with cumulative preference being reflected by the applicant falling into more than one housing need in Band C. The proposed scheme also takes account of new legislation, regulations and guidance which mean that we will give extra help to ex-service personnel and/or their families if they have been seriously injured in the course of their duties. The proposed scheme is intended to make the best use of the housing stock and recognises that, for many people, private sector tenancies provide a housing solution which meets housing need. Consultation Response: • A majority of respondents agreed with the above groups of people being

included in Band B • Comments supported including armed forces personnel in this band whilst

also seeking clarity on the difference between including them in Band B and Band C.

Recommendation: The proposal is accepted with the addition of Applicants with an accepted statutory homelessness duty (see consultation response under Band C) This Band reflects additional preference awarded to applicants who fall within more than one criteria in Band C. The Armed Forces regulations require that additional preference should be given to Armed Forces personnel who would otherwise only meet the reasonable preference criteria in respect of their housing need. To reflect the consultation feedback, applicants with an accepted statutory homelessness duty have now been included in Band B, or Band A where additional priority is awarded on medical or welfare grounds. Homeless applicants are prioritised through a percentage of available lettings (quota) being made available only to homeless applicants. Question 11: Band C will be for applicants with general housing needs Current policy:

Suggested Change:

In Band 3, Needs are awarded for the following: • Homelessness or under Notice to

leave • Overcrowding • Lacking bedrooms • Living in a hostel

Band C – Housing Need (a) Applicants who are homeless or

threatened with homelessness under Part VII of the Housing Act 1996 & duty owed by the Local Authority

(b) Applicants who are overcrowded

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• Living in a private tenancy or lodging with family or friends

• Having no access to water/sanitation

• Having dependent children • Needing support or resettlement • Medical conditions affected by

housing • Harassment

or living in insanitary accommodation or unsatisfactory conditions

(c) Applicants lacking essential facilities

(d) Applicants who need to move on medical or welfare grounds

(e) Applicants lacking a bedroom- bedroom deficiency

(f) Applicants who need to move to a locality where failure to meet that need would lead to hardship

Why we are thinking of making this change: Currently, within band 3, lower priority is awarded to applicants with fewer “needs”. The proposed scheme is intended to be simpler to understand, with less priority being given to applicants with only one housing need. The proposed scheme also takes account of new legislation, regulations and guidance and makes the best use of the housing stock. It recognises that, for many people, private sector tenancies provide a housing solution which meets housing need. Consultation Response: • A high majority of respondents agreed with the above groups of people being

included in Band C • A number of respondents commented that homeless applicants should be

given a higher priority. Recommendation: The proposal is accepted as Band C with the amendment that applicants with an accepted statutory homelessness duty are placed in Band A or Band B. To reflect the consultation feedback, applicants with an accepted statutory homelessness duty have now been included in Band B, or Band A where additional priority is awarded on medical or welfare grounds. Homeless applicants are prioritised through a percentage of available lettings (quota) being made available only to homeless applicants. In addition, since November 2012, the Council has been able to discharge its duties to homeless applicants by making available suitable accommodation in the private sector. This proposal, in respect of homeless applicants, seeks to ensure that the Council’s duties continue to be met, either through the private or social sector and applicants do not spend long periods in temporary accommodation. Homeless applicants who do not have a have an accepted statutory rehousing duty ie where there is no priority need, are likely to fulfil more than one reasonable preference criteria and therefore meet the criteria for Band B.

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Question 12: Band D will be for applicants with general housing need where priority has been reduced Current policy:

Suggested Change:

Band 4: currently is awarded to applicants whose preference has been reduced due to behaviour (see proposal 5). Included in Band 4 are the following: • Households who have knowingly

worsened their housing circumstances;

• Households who have been found to be intentionally homeless under the Housing Act 1996 Part VII (as amended by the Homelessness Act 2002);

Band D – Reduced preference (a) Applicants found to be

‘intentionally homeless’ by the Local Authority

(b) Applicants who have knowingly worsened their housing circumstances

Why we are thinking of making this change: Many of the people who will no longer qualify for the register were previously allowed to register and placed in Band 4. The lowest priority, Band D, will enable some people in housing need to qualify for the Housing Register with a reduced preference due to behaviour. Consultation Response: • In respect of both circumstances around two thirds of respondents agreed

with the criteria for Band D • A number of respondents were concerned about the definition and application

of determining when an applicant is ‘intentionally homeless’ • Respondents were concerned that ‘knowingly worsened their housing

circumstances’ is adequately defined in the Allocation Scheme. Recommendation: The proposal is accepted Applying the test of whether an applicant, who has become homeless, is intentionally homeless is set out in the Housing Act 1996, statutory guidance and caselaw. The Local Authority must set out the reasons for its decision in writing and applicants can request a review of this decision. The Allocation Scheme includes examples of when an applicant has ‘knowingly worsened their housing circumstances’ e.g. by giving up accommodation which an applicant could have continued to occupy; by moving into accommodation which could not meet the applicant’s household needs.

16


Question 13: An Emergency Band will be for applicants fleeing violence Current policy:

Suggested Change:

Band 1: is awarded to existing social tenants or homeless applicants within Bedfordshire escaping violence.

Emergency Band Tenants escaping violence will be made a direct offer of a property of the same size as that which they currently occupy. These applicants will not be required to place a bid through Bedfordshire Homefinder

Why we are thinking of making this change: In an emergency, people should be helped immediately to move to a different location, without having to go through a bidding process. Consultation Response:

• Only 3 respondents disagreed with this proposed change • There were no comments

Recommendation: The proposal is accepted Question 14: Band S will be for applicants who want sheltered housing and have no housing need Current policy:

Suggested Change:

Currently applicants are only able to bid for sheltered housing vacancies if they have a housing need as defined by the current policy.

Band S – Sheltered housing Applicants over 60 years of age who want sheltered housing and have no housing need as defined by the banding scheme.

Why we are thinking of making this change: Even if they have no housing need as defined in the Banding scheme, older people who are only looking for sheltered housing will be allowed onto the housing register. We recognise that older people may have different requirements for support. Consultation Response: • Only one respondent disagreed with this proposal and there were no

comments Recommendation: The proposal is accepted EQUALITY DUTY

17


Questions 15-23 We have a duty to ensure that we do not discriminate against people with protected characteristics. These are: gender; age; ethnicity; disability; faith/religion; sexual preference; gender reassignment and pregnancy. The feedback provided by respondents in Questions 15 – 23 will be used to inform the Equality Analysis on the impact of the proposals. <end

18

Bedford Borough Allocation Scheme – September 2013-5 1

Bedford Borough Allocation Scheme


Contents 1. Introduction 4 2. Scheme Objectives 5 3. Types of Tenancy Changes that Are Not an Allocation 5

under this Scheme 4. Allocation to Lettings Not advertised through Bedfordshire 6 Homefinder 5. Eligibility for the Housing Register 6 6. Qualifying for the Housing Register 6 Local Connection Criteria Additional Qualifying Criteria

7. Reasonable Preference 12 8. Additional Preference 16 9 The Banding Scheme 17

Emergency Band Band A – Urgent Housing Need Band B - High Housing Need (multiple need) Band C - Housing Need Band D - Reduced Preference Band S - Qualify for Sheltered Housing Only

10. Applying to the Scheme 19 11. Assessment of Applications 22 Legal Requirements Specific Needs Divided Households Time Waiting - Effective Date Cancelling an Application Requesting a Review 12. Suitable Properties 25 Restrictions Bedroom Eligibility 13. Bidding 26 What is Bidding? How to Bid Suitable Bids Bidding requirements and restrictions Auto bidding


14. Advertising 28 15 Quotas 29 16. Shortlisting 29 17. Viewing a Property 31 18. Offers of Tenancy – types of tenancy 31 19. Refusals of Offer 32 20. Withdrawal of Offer 33 21 Feedback 33 22. Other Housing Options 34 23. Confidentiality, Data Protection & Access to Information 34 24. Equality and Diversity 35 25. Legislation & Statutory Guidance 36 26. Decision Making 36 27. Monitoring, Reviewing 37 Appendix A: Eligibility Guidance 38 Appendix B: Quotas 40 Appendix C: Agreement with Bedfordshire Local Authorities for 41 Nomination arrangements


1. Introduction

The housing allocated through this Allocation Scheme includes social housing and affordable rented housing owned and managed by bpha and Registered Housing Providers (housing associations).

The Allocation Scheme sets out how applications for social rented housing are prioritised. The Scheme also describes how vacant properties are advertised and allocated. The Scheme operates in partnership with Bedford Borough Council and Registered Housing Providers with stock in the Local Authority area.

The Allocation Scheme seeks to offer choice, while giving reasonable preference to those in the greatest housing need and those with a local connection to Bedford Borough.

By joining the housing register, those in housing need can be considered for vacant properties to which Bedford Borough Council has nomination rights.

The Allocation Scheme sets out how we decide who can join the register and how applicants are prioritised for available properties and the processes we follow when registering applicants and allocating properties through the Bedfordshire Homefinder Website.

This Allocation Scheme meets the requirements of Part VI of the Housing Act 1996, as amended by the Homelessness Act 2002, The Housing and Regeneration Act 2008 and the Localism Act 2011. Further, the Allocation Scheme takes account of the Code ofGuidance “Allocation of Accommodation: Guidance for Local HousingAuthorities in England” (Communities and Local Government: June2012) and Bedford Borough Council’s Homelessness Strategy and Tenancy Strategy. References to the Housing Act 1996 (as amended) throughout this document will be deemed to include amendments brought about by the Homelessness Act 2002, The Housing and Regeneration Act 2008 and the Localism Act 2011. The purpose of the Allocation Scheme is to set out how an applicants’ eligibility for housing is assessed; the priority given to their housing need and the types of property applicants can apply for. For the purpose of this Allocation Scheme, an applicant includes anyone seeking housing through the Scheme, including existing tenants wishing to transfer. The Allocation Scheme sets out:

• Eligibility to join the scheme; • Qualifying for the scheme • How to apply for housing; • Who is given preference –Banding assessments • How homes will be let • Expressing choice for vacant properties through ‘bidding’.


Due tohigh demand for affordable housing and a comparatively limited supply, not everyone eligible to express interest in vacant properties will be housed from the Register. Applicants can obtain advice about other housing options from the Bedfordshire Homefinder website (www.bedfordshirehomefinder.co.uk).

2. Scheme Objectives

The objectives of this Allocation Scheme are:

• To meet the legal requirements for the allocation of affordable housing under Part VI of the Housing Act 1996 (as amended). This includes the allocation of affordable housing owned by Registered Housing Providers with which Bedford Borough Council has nomination agreements allowing it, or its agent, to nominate an applicant for housing using this scheme.

A nomination agreement is a formal agreement between a Local Authority

and a Registered Housing Provider governing the allocation of some or all of the Provider’s vacancies to applicants from the Local Authority’s housing register. A nomination is the provision to a Registered Housing Provider, by the Local Authority or its agent, of details of an eligible household who has bid successfully for a vacancy advertised on behalf of the Registered Housing Provider.

• To ensure appropriate levels of priority are afforded to applicants • To offer as much choice to applicants as is reasonably possible • To let properties in a fair and transparent way • To support vulnerable applicants • To provide feedback to applicants about homes let through the scheme • To encourage and support sustainable communities and social inclusion • To ensure applicants are treated fairly, individually and in accordance with

the Equality Act 2010. • To make best use of the available social housing stock and meet housing

need.

3. Types of Tenancy or Tenancy Changes that Are Not an

Allocation under this Scheme

The following are types of tenancy or changes to tenancy are not an allocation under this Scheme:

Mutual Exchanges • Assignments of tenancy • Successions of tenancy • A Starter Tenancy becoming an Assured Tenancy • Provision of non-secure interim accommodation in discharge of any

homelessness duty


Further information about each type of letting is available from bphaand/or Bedford Borough Council’s Housing Options Team.

4. Allocation to Lettings Not Advertised through Bedfordshire Homefinder

Allocations will be made to lettings not advertised through the Bedfordshire Homefinder website as follows:

4.1 Extra Care Retirement Housing Retirement housing schemes are included in the CBL scheme, with the

exception of vacancies in extra care schemes designed for frail elderly people requiring significant personal care. These vacancies will be allocated according to needs assessments by the relevant care agencies, scheme managers and landlords where appropriate.

4.2 Direct Lettings Where there are exceptional circumstances, or overriding management

requirements, bpha may occasionally make an offer of accommodation by way of a direct let. Examples of such circumstances may include: • Where a tenant’s property has become structurally unsafe • Where a tenant is unable to return to their property due to fire or

flood • Where an applicant requires a property with specific adaptations

and such a property is available and no other applicants require the same.

• Where an applicant cannot succeed to a tenancy, but there are overriding welfare considerations which indicate an allocation of accommodation is required.

The above list is not exhaustive.

5. Eligibility for the Housing Register

The following groups of people are not eligible for social housing and cannot therefore join the Housing Register

• Any applicant under the age of 16 years • Any applicant who is subject to immigration control, unless they are re-

included by order of the Secretary of State. (See Appendix A) • Any applicant not habitually resident in the UK • Any applicant without recourse to public funds in the UK

6. Qualifying for the Housing Register

Where an applicant is eligible for social housing, s/he must still fulfil the qualification criteria to join the Housing Register.


6.1 Local Connection Criteria

In order to qualify to join the housing register, an applicant must have a local connection to the Local Authority as follows:

6.1.1 Residence

An applicant must currently live in the area, in settled accommodation, and must have done so continuously for three years prior to the application. Settled accommodation does not include, for example, Bed and Breakfastor other night stop accommodation, staying temporarily with family, friends, etc. (Accepted Homeless households placed by Bedford Borough Council in accommodation outside of the Borough area will qualify for the Housing Register.)

Applicants will not normally be considered to meet the residence criteria

if they have been placed in the Bedford Borough area

• in temporary accommodation by another Council • in residential or supported housing by another Council or statutory

body or support agency • in prison, a bail hostel or approved premises. • by another Local Authority’s Social Services (e.g. in foster care).

Or;

6.1.2 Employment

An applicant must currently have full- or part-time (at least 16 hours per week) employment in the Bedford Borough area, excluding casual work, and must have done so for a continuous period of at least twelve months prior to the application. Employment is defined as having a permanent contract, or working under contract as a temporary member of staff for one employer, not a recruitment agency. The applicant’s normal place of work must be based in the Authority area; the existence of a company office will not by itself meet the criterion.

Or;

6.1.3 Family connection An applicant must have close family residing in the Bedford Borough

area (i.e. mother, father, brother, sister, adult son or daughter) whom they wish to be near, and who live in the Borough and have done so for at least the last five years; and there is a requirement to give or receive support. (Evidence of the support needed must be provided.)


6.1.4 Exceptional Circumstances In exceptional circumstances, where the applicant has a need for

support or medical treatment which cannot be met in any other reasonable location, an application may be accepted where the local connection criteria are not met.

Reciprocal arrangements have been agreed with the Bedfordshire

Homefinder partners so that applicants with an overriding need to move to another Local Authority area can be considered for suitable vacancies in that area where the local connection criteria are not met. Details of agreements with each partner are set out in appendix C

6.2 Additional Qualifying Criteria

The following applicants who meet the local connection criteria will normally not qualify for the Housing Register. A fresh application will be considered if there is a relevant change in the applicant’s circumstances

6.2.1 People with enough income/assets to secure their housing privately

Bphawill apply a threshold of income and/or assets, including equity from the sale of a property or equity held within an existing property where an applicant has a legal interest in a property and/or occupation rights to it and is able to exercise those occupation rights. Applicants with income/assets above the threshold will not qualify for the Housing Register. Affordability of other housing options will be calculated on the basis of housing needs. Households will be deemed to exceed the thresholds if any of the following circumstances apply:

Where private rented accommodation is generally available at a cost not exceeding 30% net (25% gross) of household income(For the purposes of this calculation, Local Housing Allowance rates in effect at 1st April each year will be applied. The rates will be kept under review throughout the year to ensure that where there is any significant increase or decrease, the new rate is applied). Where a household has equity/investments/other assets as follows: Needing 1 bedroom accommodation £30,000 Needing 2 bedroom accommodation £40,000 Needing 3 bedroom accommodation or larger £50,000. Where a household has unreleased equity within a property, 80% of that equity will be considered as an asset when applying the above threshold. Due regard will be given to household’s ability to release equity.


Rents and house prices (open market and shared ownership) will be regularly reviewed to ensure calculations of income and asset thresholds remain reasonable. Current thresholds will be available on request.

However an application may be accepted onto the register and assessed accordingly, where the applicant, does not have the financial resources to secure appropriate accommodation and;, . (a) The applicant or a member of the applicant’s household has

significant medical and/or support needs, rendering their current accommodation unsuitable. Guidance will be sought from a medical practitioner. Where a homeowner is in accommodation determined as unsuitable for the household due to medical needs (for example, poor mobility) but resources are available (privately or through Disabled Facilities Grant) to provide necessary adaptations, medical needs will not be applicable. Or;

(b) The Household is facing imminent eviction (due to a Court

Order for Possession having been granted) as a result of mortgage arrears accrued through no fault of their own. Or;

(c) The Household is Statutorily Overcrowded as defined by the relevant legislation.

bphamay re-assess these cases where the applicant can provide evidence of a temporary loss of income through no fault of their own. The temporary period will normally only be considered where it exceeds or is likely to exceed 6 months, e.g. loss of income due to ill health.

6.2.2 People assessed as having insufficient income to afford rent and bills and people who are residing in an institution or in prison and who are not expected to be discharged or released within 3 months Applicants who are assessed as having insufficient income to meet the costs of an independent tenancy may reapply once they have secured employment and/or obtained a decision on entitlement to welfare benefits. Applicants accepted onto the Housing Register who have significant debt repayment liabilities may be referred for money advice before a tenancy is offered. Applicants who are residing in a prison or institution and who are not expected to be discharged/released for at least 3 months may reapply when they have evidence that their release or discharge date is within 3 months


6.2.3 People with no housing need as set out in the Allocation Scheme Applicants who are found not to meet any of the criteria for an award of reasonable preference under this Allocation Scheme will not qualify to join the Housing Register. Exceptions will be made for applicants aged 60 or more who wish to be considered for sheltered (retirement) housing schemes only.

The following applicants who meet the local connection criteria also will normally not qualify for the Housing Register for the period specified.

6.2.4 People who have breached the terms of a previous tenancy and

the landlord has taken legal action against them

An applicant who is, or has been, a tenant of a Registered Housing Provider or a private sector landlord and has been served a Notice to Quit for any breach of tenancy by a landlord, or other body, within the past two years prior to receipt of the application, will not qualify to join the Register for two years from the date of the Notice to Quit Where an applicant can demonstrate significant improvement in the management of their tenancy and have adhered to their terms and conditions for a period of not less than 12 months they may make a fresh application.

6.2.5 People who owe any debt from a current or former tenancy

Applicants who owe a housing-related debt. Types of debt can include: • rent arrears (former & current); • rechargeable repairs in current social tenancy; • dilapidations from a former social tenancy; • housing benefit debts/overpayments; • outstanding charges against the Local Authority’s Rent Deposit

Scheme

Where, at the point of application, an applicant has, or incurs, housing related debts relevant to a property they are currently legally liable for, and/or a property they were legally liable for in the last 3 years, the applicant will not qualify to join the Housing Register. A blanket policy is not operated in relation to housing debt and each case will be considered on its own merit. Applicants are invited to provide evidence of a change of behaviour. This could include, for example, evidence of regular payments towards a previous housing debt; evidence from a support agency or undertaking training to develop the skills necessary to manage a tenancy or being ready to move on from supported housing.


6.2.6 People who have been guilty of antisocial behaviour, domestic

violence, hate crime or who have been violent or aggressive to Council’s or housing provider’s staff

Where an applicant, or a member of the applicant’s household, has been subject to a formal sanction by a landlord or other body due to antisocial behaviour. Can include Notices, ASBOs, ASBNs, ABCs, convictions, injunctions, etc. (the list is not exhaustive) Disqualification will be for an initial period of two years from the action for ASB. The applicant may reapply after the disqualification period, and will be required to provide evidence of improvement in the behaviour, e.g. successful maintenance of a tenancy. The following categories of people will also be regarded as guilty of antisocial behaviour.

• Perpetrators of domestic violence – evidence will be sought from

the Police and/or other supporting agencies • Perpetrators of Hate Crime – evidence will be sought from the

Police • Applicants who have provided false information in order to obtain a

tenancy • Applicants who have behaved in a violent or aggressive manner to

employees of the local authority or its agents

6.2.7 People who have been evicted because they have abandoned a social tenancy

Any applicant or member of the applicant’s household who has previously abandoned a social tenancy will not qualifying to join the Housing Register for a period of two years from the date of repossession.

6.2.8 People who have sublet a social tenancy

Any applicant or member of the applicant’s household who has been found to have sublet a social tenancy will not qualify for the Housing Register for a period of seven years.

Due regard will be given to the applicant’s circumstances in reaching a decision that an applicant does not qualify to join the housing register. If supporting information is provided which demonstrates there are exceptional circumstances these will be considered. Where an applicant is assessed as not eligible, or does not qualify to join the housing register, bpha will inform the applicant in writing of the reason/s and how to request a review of the decision.


7. Reasonable Preference The law requires reasonable preference to be given to the following households: 7.1 People who are homeless or threatened with homelessness within the

meaning of the relevant legislation, whether or not a duty is owed by the local authority. In terms of this Allocation Scheme, this means:

7.1.1 People who are homeless within the meaning of Part VII of the

Housing Act 1996 (as amended);

7.1.2 People who are owed a duty to be housed by the Local Authority within the meaning of Part VII of the Housing Act 1996 (as amended);

7.2 People occupying overcrowded housing or otherwiseunsatisfactory

housing conditions. In terms of this Allocation Scheme, this means:

7.2.1 Overcrowding: where the Local Authority (Environmental Health) has determined that the property poses a Category 1 hazard A, B or C under the Housing Health& Safety Rating System (HHSRS) due to lack of space for the household and/ or where the property is statutorily overcrowded in accordance with the provisions of Part X of the Housing Act 1985, or where there are insufficient bedrooms for the applicant and their household.

7.2.2 Unsatisfactory conditions: where the Local Authority (Environmental Health) has determined that the property poses a Category 1 hazard A, B or C under the Housing Health & Safety Rating System (HHSRS); and where the Local Authority is satisfied that the problem cannot be resolved by the landlord within 6 months; and, as a result, continuing to occupy the accommodation will pose a considerable risk to the applicant’s health.

7.3 People living in insanitary accommodation lacking essential facilities.

This means accommodation which lacks indoor sanitation and/or a water supply.

7.4 People whose household is lacking one or more bedrooms in their current accommodation. An applicant will be deemed to be lacking a bedroom if a separate bedroom is not available for each of the following:

• Single applicant • Joint applicants who are a couple • A couple (not main applicants) • An adult where that adult has no same sex sibling with

whom they can share


• Two children of the same sex (regardless of age) • Two children of opposite sex where both are under ten years • A child aged 10 or over where the child has no same sex

sibling with whom s/he can share.

Overriding medical and welfare factors will be taken into account when determining any additional bedroom requirements. Guidance may be sought from a medical practitioner or involved professionals. To avoid causing financial hardship to tenants due regard will also be paid to affordability of the accommodation where recommendations for additional bedrooms conflict with eligibility for welfare benefits. Reasonable preference for lacking a bedroom will not be awarded to applicants who fall within paragraph 7.1.2 above (applicants with an accepted statutory rehousing duty) as reasonable preference is conferred through the application of letting quota’s (see Section 15 Quota’s)

7.5 People who need to move on medical or welfare grounds (including

grounds relating to disability). In terms of this Allocation Scheme, this means:

7.5.1 Medical Grounds: A medical assessment will be undertaken in

order to determine whether priorityshould be awarded to an application where the applicant’s health is either detrimentally affected by their current housing or where it is likely to affect their future housing need.Guidance may be sought from a medical practitioner.

Where an applicant is in accommodation determined as unsuitable for the household due to medical needs (for example, poor mobility) but resources are available (privately or through the award of a Disabled Facilities Grant) to provide necessary adaptations, the applicant will not qualify for the Housing Register unless they meet other qualifying criteria. Only where an applicant’s medical condition is exacerbated, or directly attributable to, the current accommodation, will priority on medical grounds be awarded.

In exceptional circumstances the application may be awarded

additional priority where it is deemed that an urgent move is required because of a life threatening illness or sudden disability where the applicant’s property is directly contributing to the deterioration of an applicant’s health, or where the applicant cannot reasonably reside in the property, for example, where the applicant is wheelchair-bound and the property can only be accessed by means of stairs or steps.

Applications may only be re-assessed for medical priority for the following reasons:


• Upon a change of circumstances where this would affect the type of accommodation required (such as an applicant previously awarded medical priority for a bungalow, now requiring sheltered accommodation);

• Deterioration or improvement in medical condition of applicant;

• On the death of one party who had a medical award; • The party who had the medical award is no longer a member

of the household • A move to a different address (any medical award would be

made on the applicant(s) current accommodation); • Where additional information that was not previously

available is provided.

7.5.2 Welfare Grounds

Preference on Welfare grounds will be awarded by a Panel of Officers from Bedford Borough Council and bpha who will consider whether the circumstances of the applicant will meet the following criteria:

• Move on from Supported Housing Projects, in accordance

with local protocols in place at the time of application and/or allocation of accommodation

• Move on from Care, in accordance with local protocols in place at the time of application and/or allocation of accommodation

• Planned hospital discharges • Adoption or Fostering • Welfare grounds due to infirmity caused by old age These applicants will have their welfare need recognised and reasonable preference awarded should their current housing be inadequate. An assessment of the applicant’s need to move due to infirmity caused by old age will be made taking into account information provided by one or more of the following: • App’s GP or consultant • Social services • OT • other specialist agency representing the applicant

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

Local Authority, where failure to meet that need would cause hardship (to themselves or others). This means for support or employment, for example where: • The applicant needs to give or receive substantial and on-going

care.


• The applicant needs to access social services facilities and is unable to travel across the borough

• The applicant needs to take up or continue employment where public or private transport is unavailable.

Preference would normally only be awarded to applicants who require on-going support from relatives or friends where there is severe mental health, medical or welfare issues relating to this person or a member of the household and exceptional reasons why this support cannot be made available through a reliance on private or public transport. Preference on this ground will be awarded by a Panel of Officers from Bedford Borough Council and bpha.

7.7 Need to move to a locality where failure to meet that need would lead to

harm to themselves or others:

Tenants of Registered Housing Providers will be placed in the Emergency Band (Band E) and will be made an offer of accommodation in accordance with the provisions applying to this Band (see Section 9). Evidence of the risk of harm must be provided. Applicants residing in other forms of tenure should seek advice from the Bedford Borough Council Housing Options Team.

8. Additional Preference To meet housing need in the local area and make best use of the available social rented stock, additional preference will be afforded to the following groups of applicants. 8.1 Under-occupying tenants

Households under-occupying accommodation (or accommodation to which Bedford Borough Council has nomination rights)

Where there is a shortage of particular types of property and where there is a high demand for that type of property, additional preference will be given to applicants wishing to vacate this type of property in favour of smaller accommodation. This includes where an occupant succeeds to the tenancy of a property which is larger than their household needs, and where a tenant wishes to downsize due to reform of welfare benefits and a consequent reduction in entitlement to housing benefit. Local housing providers may operate an incentive scheme to encourage the release of high demand accommodation. Details will be available from the Registered Housing Provider.

8.2 Tenants requiring or occupying adapted properties


8.2.1 Tenants occupying properties adapted for a tenant with a disability and where the adaptation is no longer required

8.2.2 Tenants requiring major adaptations to their homes and where

the need can be more readily met elsewhere in the social housing stock

8.2 Management transfers (not at risk of violence)

Additional preference will be awarded where a move to alternative accommodation will alleviate management problems and it is appropriate for the tenant of a Registered Housing Provider, with which Bedford Borough Council has nomination rights, to be moved to alternative accommodation. Registered Housing Providers will be required to demonstrate why additional preference should be awarded.

8.3 Armed Forces personnel

To comply with the Armed Forces Regulations 2012, households with a housing need which would qualify for priority in Band B or Band C (see section 9) and where:

• A member of the household is serving or has served in the regular

or reserve forces (as defined in the Armed Forces Act 2006) and has a serious injury, illness or disability incurred through that service;

or • A household who is, or is becoming, homeless from Ministry of

Defence accommodation following the death of a spouse or partner as a result of their military service;

will be given additional preference. This means that when additional preference is applied, the application will be placed in the band above that for which the applicant would normally qualify.

Former service personnel will be awarded the additional priority where the housing application is made within five years of discharge.

Any lump sum payments made to the applicant on discharge will be disregarded for the purposes of assessing qualification for the Housing Register.

9. TheBanding Scheme

Applications will be placed in one of the following six Bands, dependent on their current housing circumstances. Definitions of the criteria can be found at Section 7 and 8. Emergency Band -Band E Social housing tenants in immediate and serious dangerif they remain in their current accommodation. Proof of the risk will be required, normally from the


Police and other relevant agencies. Applicants in this band will not be required to bid for properties through Bedfordshire Homefinder, but will be given one offer of accommodation in a location which would remove the immediate risk Band A – Urgent Housing Need • Tenants who are under-occupying a tenancy where the landlord is a

Registered Housing Provider (eg. a housing association) • Tenants in properties adapted for a person with a disability where the

property is no longer required; or where moving to an adapted property would meet the needs of a tenant requiring property adaptations.

• Tenants of a Registered Housing Provider where there is an urgent need to move, eg. for management reasons, structural problems with the property etc.

• Severe Medical need: where there is life threatening condition or severe disability and where the current property is directly detrimental to the applicant’s health/wellbeing.

• Applicants or their families where the Armed Forces Regulations apply and where the applicant’s housing circumstances fulfil the criteria for Band B.

• Applicants who are homeless or threatened with homelessness and a duty is owed by Bedford Borough Council or, exceptionally, by another local authority and Bedford Borough Council has agreed to fulfil an obligation to provide rehousing and who have been awarded additional priority on medical or welfare grounds.

Band B– High Housing Need (multiple needs) • Applicants whose housing circumstances fulfil more than one category in

Band C. • Applicants who are homeless or threatened with homelessness and a duty

is owed by Bedford Borough Council or, exceptionally, by another local authority and Bedford Borough Council has agreed to fulfil an obligation to provide rehousing.

• Applicants or their families where the Armed Forces Regulations apply and where the applicant’s housing circumstances meet the criteria for Band C.

Band C – Housing Need • Applicants who are homeless within the meaning of Part VII of the Housing

Act 1996. • Applicants living in overcrowded accommodation or unsatisfactory

conditions. • Applicants living in accommodation which is insanitary lacking essential

facilities. • Applicants whose household is lacking one or more bedrooms in their

current accommodation • Applicants who need to move on medical or welfare grounds. • Applicants who need to move to a locality where failure to meet that need

would lead to hardship.


Band D – Reduced preference • Applicants who are homeless or threatened with homelessness but have

been found to be Intentionally Homeless by Bedford Borough Council • Applicants who have knowingly worsened their circumstances (for

example, by giving up accommodation which they could have continued to occupy; by moving into accommodation which could not meet their household needs; or by not complying with the terms of a tenancy or licence agreement, causing them to be asked to leave the accommodation).

Band S – Qualify for sheltered accommodation only This Allocation Scheme recognises that older people may sometimes have a need for additional support but may not otherwise meet the qualifying criteria for inclusion on the Housing Register. Therefore, applicants / joint applicants aged 60 or more who meet the local connection criteria but do not fulfil the qualifying criteria in paragraphs 6.2.1; 6.2.2 or 6.2.4 can be accepted onto the Housing Register for sheltered (retirement) housing. These applicants will be permitted to bid only on vacancies in retirement housing schemes (excluding extra care schemes – see pararaph. 4.1 above).

10. Applying to the Scheme

10.1 Vulnerable applicants who may experience difficulty in applying to or using the scheme will be given as much support as possible by bpha. Difficulties may include:

• Not having English as a first or main language • Difficulty reading and/or writing • Disabilities, including sight or hearing difficulties • Learning difficulties • Health, including mental health issues.

bphawill also work with other agencies to ensure that applicants are supported to use the scheme. An applicant may choose to nominate another person to act on their behalf for the purpose of applying to and using the scheme. This person will be known as a nominated representative.

10.2 Household makeup - an application may include anyone that may reasonably be expected to reside with the applicant as part of their household e.g. close family relative, partner etc. The desire to be part of the household is not sufficient reason for inclusion on the application: 10.2.1 Extended families (minors) - in cases where a minor is to

be included in, or added to an application, but no parental responsibility exists within the household (e.g. grandchildren, nieces, nephews), proof must be provided


of legal guardianship or confirmation from Social Services that this placement is necessary and permanent.

10.2.2 Carers - Applicants who require a full time residential

carer may include the carer on their application. Proof of the requirement should be provided by Social Services or a primary health care professional. The carer will be assessed as part of the household even if not resident (i.e. lack of bedroom priority may be due).

10.2.3 Fostering - Families undertaking fostering may be able to

include foster children as part of their application to ensure that they are eligible for the appropriate sized property. Fostering is defined as fostering for a period in excess of two years (not necessarily involving the same child or children). It is essential that written confirmation of the fostering arrangement be obtained from Social Services.

10.2.4 Children in care –

a) Compulsory: children are treated as though at home, subject to written confirmation from Social Services that the children are to live with the parents on a permanent basis should they be allocated a suitable property. Failing such confirmation, children will not be included on the application;

b) Voluntary: children are treated as though at home. No offer of tenancy will be made in either case

without confirmation from Social Services that the children are to live on a permanent basis with their parent(s).

10.2.5 Adult children at university can be included if they

previously lived in the household and their intention is to return as their main and only home out of term time. Confirmation will be required from the student that they intend to return on a permanent basis.

10.2.6 Children of previous relationships - in determining whether

a child can be considered as part of the household, the following will be considered: Does the child have accommodation available to them

which it is reasonable for them to continue to occupy? • Does the child have a main residence? • Who predominantly cares for the child? • Existence of any order of the court pertaining to the

child’s residency.


Although the above are relevant factors they do not guarantee that a child will be accepted as part of a household.

10.2.7 Adding new household members - Adults will not be

added to an application where this results in the need for accommodation larger than that for which the applicant’s household was originally eligible, unless an over-riding need such as ill health or disability can be shown (for example, where an applicant needs to look after an elderly parent). The desire to be part of the household is not sufficient reason for inclusion on the application. Adults requiring an extra bedroom will only to be added to an application if they have a demonstrable, permanent need to live with the applicant. All adults will need to supply details of their accommodation history for the previous 5 years.

10.3 Where two eligible applicants apply as a household they will be known

as joint applicants. 10.4 An applicant, joint applicant or household member can have only one

active application.

10.5 To join the Housing Register, every applicantwill need to complete theapplication process with bpha. Application forms are available frombpha and details of how to apply for housing can be obtained from any of the following websites: www.bedford.gov.uk www.bpha.org.uk

bpha will offer a checking service to applicants who are unsure

10.6 An application can be made to bphawho will then process the

application and make an initial assessment of need.

10.7 Where an applicant applies to Bedford Borough Council as homeless, the duty owed to the applicant will be determined by Bedford Borough Council.

10.8 The information given on the application must be correct and the

applicant will be asked to provide evidence supporting the details supplied. bphareserve the right to disqualify any applicant from joining the register for a period of two years and/or, withdraw any offer of tenancy or recover possession of an existing tenancy if the applicant has knowingly given false information. All applicants will be asked to sign a declaration stating that the information provided is true.

10.9 Applicants who knowingly or recklessly give false information or

withhold information relevant to their application may be guilty of an


offence under section 171 of the Housing Act 1996. Under that Act, the Local Authority has the power to take action against an applicant which could result in a fine of up to £5000.

10.10 bpha will make any enquiries necessary, including home visits, in order

to determine an applicants’ eligibility to join the Housing Register and their level of priority for housing. When signing the declaration form, applicants are authorisingbpha to make such enquiries as are required to complete the assessment.When signing the application, applicants are also authorising bpha to disclose this information to other parts of the council/housing association and other organisations, including, but not limited to, police, probation and social workers, in order to verify the application and complete nomination processes.

10.11 Applicants and joint applicants will be asked to provide information

about themselves, their household and their housing circumstances. Applicants will be required to provide evidence to support the application. Applications made without the requested evidence will not be accepted or assessed.

10.12 Where an incomplete application form is received and the applicant has

supplied the required evidence, any further clarification will be requested by bphain writing. If the requested information is not supplied by the applicant within 28 days, the application will be cancelled. Any subsequent application will be treated as a new application. bpha will make every effort to assist vulnerable and/or disadvantaged applicants needing additional help and support in the application process. Where any applicant can show good cause for failing to provide the requested information within the time period, the date the application was received will apply.

10.13 Upon completion of assessment bpha will write to the applicant to

inform them of:

• Whether they are eligible or qualify to join the scheme and, if so: • Their unique reference number and PIN (personal identification

number) • The Band in which they are placed • The date from which they are eligible • The size of property the applicant is eligible to bid for and any

restrictions that may apply. 10.14 Where an applicant is assessed as not eligible, or does not qualify to

join the housing register, bpha will inform the applicant in writing of the reason/s and how to request a review of the decision. Due regard will be given to the applicant’s circumstances in reaching a decision that an applicant does not qualify to join the housing register.

10.15 Change of Circumstances: where an applicant notifies a change of

circumstances which may affect their priority or their eligibility for a


particular type or size of home, the applicant will be unable to bid until the new information is assessed and verified. Examples would be: • A change of address (including a move into interim accommodation

following a homeless application) • A change to household income • Adding an additional household member • Removing a household member. This list is for example only and is not exhaustive.

11. Assessment of Applications 11.1 Legal Requirements

All applicants will be assessed according to their housing need. This is

to ensure those with the most housing need are afforded the appropriate level of priority and that Bedford Borough Council and bpha meet their legal obligations as set out in the Housing Act 1996 (as amended). This Allocation Scheme uses bands to determine the priority of an application. The assessment of an application will include placing the application in one of six Bands, as described in section 9.

11.2 Specific Needs

Applicants requiring a specific type of accommodation or adaptations as a result of disability/health issues will be given preference for vacancies more suited to their needs. Together with any other relevant agencies, bphawill work with the applicant to carry out a full assessment of the household’s property needs, e.g. need for wheelchair access, ramps, level access shower etc. Applicants with specific needs will not be excluded from expressing interest on general needs accommodation advertised through Bedfordshire Homefinder. However, where an applicant successfully bids on a property that does not contain the necessary adaptations,bpha will assess whether it is reasonable to carry out the adaptations. Other landlords in Bedford Borough may have different Aids & Adaptations policies. The applicant will be informed of the likelihood of new adaptations being carried out and what length of time an applicant may have to wait.

11.3 Divided Households

Where a household is living apart only one application can be registered. In order to determine which property provides the basis of the housing needs assessment, the circumstances at both addresses will be considered. A notional housing needs assessment will be carried out of both properties as if the household were residing together. The lowest needs assessment will then be applied to the application.


11.4 Time Waiting – Effective Date of Application Time waiting in a Band will count when considering more than one

applicant with the same level of priority for a vacant property. Therefore, applicants will be placed in each Band in date order according to the “effective date” of application.

The effective date for new applications will be the date a completed

application is received by bpha . When applicants move up or down through the Bands due to a change

in their circumstances affecting their priority, the following changes to the effective date for time waiting will apply:

11.4.1 Increased priority:

The effective date will be the latest date the applicant moved into the higher Band.

11.4.2 Reduced priority:

Where an applicant is moving down a band the effective date will be the original effective date of the application.

Wherebphaask tenants to move as part of a refurbishment or

redevelopment of their property, the effective date will be the date of the original commencement of tenancy at that property.

Where an applicant is accepted as homeless the effective date will be

the date the homeless application was taken.

11.5 Cancelling an Application

When an applicant has not expressed an interest in any available properties for one year, bpha will write to them to advise them that their application will be cancelled unless they confirm that they wish to remain on the register. This will be known as a review of non-bidders.The applicant will be given 14 days to respond before the cancellation takes effect.

An application will be cancelled from the Housing Register in the

following circumstances:

• At the applicant’s request • Where an applicant does not respond to an application review,

within the specified time limit • If the applicant becomes ineligible for housing • When the applicant has been housed by housing association • When a tenant completes a mutual exchange • Where an applicant moves and does not provide a contact address • If the applicant ceases to qualify


Where an applicant has been identified as needing assistance to use

the scheme, bpha will contact the applicant to check their circumstances before cancelling the application. Any applicant whose application has been cancelled has the right to ask for a review of the decision.

Where an applicant wishes to re-join the Housing Register at a later

date, the application will then be assessed as if it were a first application.

11.6 Requesting a Review

An applicant has the right to request a review of decisions made under part VI of the Housing Act 1996 (as amended), in particular:

• Decisions about the facts of the applicants case which are likely to

be, or have been taken into account in considering whether to allocate housing accommodation to the applicant;

• Ineligibility for an allocation due to immigration status. • Not qualifying to join the Housing Register

A request for a review of a decision can be made in writing or verbally to a member of staff at bpha. The request should be made within 21 days of the notification of the decision. Reviews will be considered within 28 days of the request being received and the applicant will receive a written response outlining the result of the review.

An applicant will only be entitled to one review. If an applicant disagrees with the outcome of the review, on the basis that material facts have not been taken into account, s/he can make a complaint through bpha’s complaints procedure, or contact the Local Government Ombudsman usually once the full complaints procedure has been exhausted or seek to challenge the decision via a judicial review. Disagreement with aspects of the Allocation Scheme will be noted and considered as part of the annual Allocation Scheme review process.

Reviews will be carried out by an officer who was not involved in the original decision, and who is senior to the original decision making officer.

12. Suitable Properties

12.1 Restrictions Applicants will be restricted from being allocated properties in certain

circumstances. Examples may include:


• Where a medical assessment recommends ground floor or accommodation with a lift only;

• Where a risk assessment indicates an allocation would put a vulnerable person at risk;

• Where there is an order of court such as an exclusion order preventing a person from residing in a locality.

The above list is not exhaustive.

Where a restriction applies an applicant will be informed and any bids placed on unsuitable properties will be overlooked.

12.2 Bedroom Eligibility

A separate bedroom will be allocated to a household for the following:

• Single or joint applicants • A couple • An adult where that adult has no same sex sibling with whom they

can share • Two children of the same sex (regardless of age, except where one

child is 18 or more) • Two children of opposite sex where both are under 10 years • Child aged 10 years or over where the child has no same-sex

sibling with whom s/he could share. • Subject to assessment of affordability Overriding medical and welfare factors will be taken into account when determining any additional bedroom requirement. Guidance may be sought from a medical practitioner or involved professionals.

Eligibility will also depend on whether the property can accommodate a household size, for instance properties with very small bedrooms may not accommodate larger households.

13. Bidding

13.1 What is Bidding? ‘ Bidding’ refers to an applicant expressing an interest in an advertised

property. Bidding does not involve any form ofpayment. A ‘bidder’ is a person included on the Housing Register who expresses an interest in a property advertised through Bedfordshire Homefinder.Applicants will be able to place 3 bids in each bidding cycle.

13.2 How to Bid

Applicants or their nominated representative will be able to bid using the following methods:

• The internet at www.bedfordshirehomefinder.co.uk;


• In person at bpha offices; • By Proxy (A proxy bid is a bid placed by a friend or family member

of the applicant, or another person or representative that the applicant has requested to act their behalf);

• Auto bidding (The auto-bid function automatically allows the computer system to place bids on any available properties that match the applicant’s requirements at the beginning of each bid cycle).

When placing more than one bid applicants will be asked to place their bids in order of preference from first to third.

Where an applicant has difficulty placing bids by one of the above methods, assistance may be available from bphaor Bedford Borough Council’s Housing Options team.

Where a bid is placed by a nominated representative or a family member or friend on behalf of an applicant, this will be considered as a bid made by the applicant.

13.3 “Suitable” Bids When applying to the scheme applicants will be informed of the size of

property for which they are eligible. Only bids for this size of property will be considered.

Properties of an appropriate size will be considered as suitable properties unless, prior to any bidding by any applicant, bpha has agreed that certain properties may not be regarded as suitable. This may include the type of property and the location.

Applicants assessed as having a medical need may be advised of the type of property that would be considered as suitable, for example ground floor or adapted. Bids placed not meeting this criteria are likely to be overlooked.

Some properties will have restrictions about who can live in them (for example, properties for older persons). These restrictions will be clearly indicated in the advert notes (see Section 14 - Advertising). If an applicant does not meet specified restrictions, any bid placed on such a property will not be considered ‘suitable’ and will be automatically overlooked.

Some properties will have restrictions about who can bid on them due to quotas being applied (see Section 15)

13.4 Bidding Requirements and Restrictions

13.4.1 Applicants Required to Bid


Applicants placed in Band A and homeless applicants in Band B with an accepted statutory rehousing duty will be expected to use all 3 bids in each bidding round and to bid on all suitable vacancies from the effective date of their application. Failure to do so may result in bpha placing a bid on the applicant’s behalf for the next suitable vacancy/vacancies. Property types and locations deemed suitable will be determined prior to verification of the application.

13.4.2 Other Bidding Restrictions

Some applicants may have other restrictions on the types

and locations of property they can bid on, e.g. where an applicant may pose a risk to others or themselves. Where this is the case at the point of application or during the life of an application, the applicant will be informed by bpha

13.5 AutoBidding

The auto bid function places bids on any available properties that

match the applicant’s requirements at the beginning of each bid cycle. This is done automatically by the computer system. The requirements that the applicant is able to specify are: • Type of property • The area in which the property is located • Floor level.

Auto bidding is available to applicants who are unable to access any

methods of bidding and do not have a representative who can place bids on their behalf.

Auto bidding may also be used by bpha when placing bids for

applicants required to bid (see 13.4.1) 14. Advertising

14.1 bphawill advertise vacant properties using the internet and their own reception area. www.bedfordshirehomefinder.co.uk can be accessed

at various information points. Properties will be advertised every two weeks. Applicants will be invited to bid for properties for which they would like to be considered

14.2 The properties advertised will be bpha’sown properties and properties owned by other Registered Housing Providers.

14.3 Property adverts will contain clear details of applicants who will be

given preference for a property (for example, people requiring adaptations contained in a property, decanting tenants, homeless households, etc). Where preference is given to specific applicants but


no eligible bids are received from these applicants, the criteria may be relaxed and the property offered to the highest priority bidder who does not meet the preference criteria.

14.4 Some properties may be subject to a local lettings policy (LLP). In these

cases it will be clearly stated in the advert and this will include details of any restrictions on households who are eligible for the property (for example, minimum/maximum ages of children).

14.5 Some properties are built specifically to give preference to households with a connection to a parish or village (section 106 planning agreement: Rural Exception Sites). Preference will be given to households who meet these connection criteria. Where a section 106 planning agreement is in place it will be clearly stated in the advert.

14.6 Where a property has not been let within 6 weeks of being advertised

due to refusals by applicants or the shortlist being exhausted, the property will be re-advertised.

14.7 Where a property has been advertised and received no eligible bids,

bpha may re-advertise the property and relax the eligibility criteria.

14.8 Where the property size indicates that restrictions must be placed on the number of persons who can be accommodated, this will be stated on the advert, e.g. very small bedrooms.

14.9 There may be occasions when a Registered Housing Provider may

need to withdraw an advertised property. Reasons for withdrawal may include:

• An error in the advertising details • Extensive works are required to the property • The existing tenant has withdrawn their notice.

This list is not exhaustive.

15. Quotas

In order to ensure a balanced approach to meeting competing housing needs from transferring tenants, applicants from the Housing Register and homeless households with an accepted statutory rehousing duty, letting quotas will be applied as set out in appendix B. Letting quotas may be amended from time to time to ensure competing demands are met.

16. Shortlisting

16.1 Applicants may only bid on vacant properties if they are eligible for the type of property advertised. Of those eligible bidders, the order of priority will be determined as follows:


16.2 Priority will be afforded first to applicants with the greatest housing need as assessed in accordance with the Bedford Borough Allocation Scheme, (i.e. the applicant in the highest Band), who meet preference criteria stated in the property advert.

16.3 Where two or more applicants bid on a vacant property and have equal priority, preference will be given to the applicant who has the earliest effective date of application.

16.4 Where two or more applicants with exactly the same level of priority and

effective date on the scheme bid for the same property, a senior officer at bphawill make the allocation based on best use of the housing stock and needs of the applicants.

16.5 Where an applicant bids successfully for more than one property, the

applicant will be offered one property only, in accordance with the order of preference of their bids.

16.6 Where a property is subject to restrictions as part of a section 106

planning agreement, preference will be given to applicants who meet specific connection criteria to the parish.

16.7 Where a property has specific adaptations (e.g. wheelchair access,

ramps, level access shower), priority will be given to applicants who require the adaptation in the property. Details of adaptations and criteria of applicants who will be given preference will be contained in the advert to allow applicants to make an informed decision whether the adaptation is suitable for their needs.

16.8 Between the period of being successfully shortlisted for an offer of

tenancy up to the point of tenancy sign up, the applicant will not be permitted to bid on other advertised properties.

16.9 bpha will contact applicants who have been shortlisted for an offer of

tenancy. It is the applicant’s responsibility to ensure that bpha holds their up-to-date contact details and they respond within 1 working day to any contact made by bpha. If an applicant does not return contact they will be overlooked for the offer.

16.10 At the point of shortlisting, an applicant’s circumstances will be verified

by bpha. This is to ensure that the application has been correctly assessed and there have been no changes to the applicant’s circumstances since assessment of the application that would alter the priority awarded to the application, qualification for the Housing Register or the household’s eligibility for the specific property for which they have placed a bid.. If any changes have occurred that would alter the priority awarded, qualification for the Housing Register or eligibility, the application may be overlooked for the offer of tenancy. The applicant will be informed of this using the most appropriate method of communication for that applicant.


16.11 Where an applicant refuses a property(see section 19)the property will be offered to the applicant who has the next highest priority on the shortlist and who meets the eligibility and preference criteria of the property. Where a property has not been offered and accepted within 6 weeks of being advertised due to refusals by applicants or the shortlist being exhausted, the property will be re-advertised.

16.12 Certain accommodation (e.g. sheltered accommodation) will only be let

to people who meet the age criteria for the specific property or housing scheme, and/or have a disability which means they require this type of housing. Applicants who do not meet the criteria clearly included in the property advert (e.g. age restrictions) will automatically be overlooked without contact from bpha.

17. Viewing a Property Upon completion of the shortlist, up to 3 applicants maybeoffered an

accompanied viewing of the property. Viewings with multiple applicants may be used to ensure that if the highest priority applicant refuses the offer, the property can be offered to the next highest priority applicant and so on. The property will be advertised again if more than 6 weeks have passed since the property was first advertised.

18. Offers of Tenancy

18.1 A formal offer of tenancy will be made in writing to the successful applicant.

18.2 Applicants will be offered one of the following types of tenancy:

• Starter • Assured • Assured Shorthold • Tenancy held in trust. • Fixed Term Tenancy

18.3 Starter Tenancies Starter Tenancies provide increased management and support for new

tenants usually during the first twelve months of a tenancy but may be extended beyond this. This initial period also provides reduced security of tenure, though progression to a full secure or assured tenancy is automatic at the end of the period, provided there have been no breaches of tenancy resulting in the commencement of possession proceedings.


18.4 Assured Tenancies Assured tenancies are offered by social housing providers other than

local authorities. Details of terms and conditions will be contained in the tenancy agreement.

18.5 Assured Shorthold Tenancies Assured shorthold tenancies are fixed term tenancies which can

become a periodic tenancy and provides less security of tenure than an assured or secure tenancy.

18.6 Tenancy Held in Trust

16 & 17 year olds will be offered a tenancy held in trust and may

require a suitable guarantor.

18.7 Fixed term tenancies

We will generally offer fixed term tenancies for a period of five years however we reserve the right to offer a term of two years when required. The Fixed Term Tenancy may be offered as an Assured Shorthold Fixed Term or as an Affordable Assured Shorthold Fixed Term.

Fixed Term Tenancies will be offered for larger properties for example, with four or five bedrooms. At the end of the five year fixed term period the tenancy willbe reviewed taking account of the tenant’s circumstances. This review will take into consideration the economic, social and health situation in addition to the size of the household. The review could result in the tenancy being terminated (upon service of 6 months notice) or being renewed for a further five year Fixed Term.

19. Refusals of Offer

19.1 A refusal will include both verbal and written refusals, including those made prior to a formal written offer being issued.

19.2 Where an applicantfails to attend an arranged accompanied viewing of

a property, they will not be permitted to make further bids until they have contacted bpha

19.3 Failure to attend an arranged accompanied viewing will be treated as a

refusal.

19.4 Applicants in Band A

If an applicant refuses a suitable offer of a tenancy, the application will be re-assessed, which may result in the priority banding being removed.


19.5 Applicants with an accepted Statutory Rehousing duty

If an applicant refuses an offer of accommodation and Bedford Borough Council; • have informed the applicant of the consequence of refusing or

accepting the offer; and • are satisfied that the accommodation is suitable for the applicant

then the duty to provide accommodation under the provisions of the Homelessness legislation ceases. Applicants wishing to remain on the Housing Register may be considered to have knowingly worsened their housing circumstances by refusing suitable accommodation. (See Section 9 – Band D)

19.6 All Other Applicants

Refusal of three reasonable and suitable offers of accommodation will result in an application being disqualified from the register for 6 months and require a new application to be made.

No further application will be considered in this time although an applicant will have the right to request a review of the decision e.g. if there has been a significant change to their circumstances during the disqualification period

20. Withdrawal of Offer There may be occasions the Registered Housing Provider may need to

withdraw an offer of tenancy. Reasons for withdrawal may include:

• A change in the applicant’s circumstances • The applicant is found to be not eligible for the property or does not qualify

for the Housing Register • An error in the advertising details • Where the offer might put a vulnerable person at risk • Extensive works are required to the property • The applicant has attempted to obtain the property by deception.

This list is not exhaustive and withdrawal will be at the discretion of the Registered Housing Provider.

21. Feedback

21.1 In the interests of providing an open and transparent service, bpha undertake to give regular feedback to applicants, to enable applicants to determine the likelihood of future bids being successful. This information can be accessed from the Bedfordshire Homefinder website.

21.2 Information about successful lets will include:


• Property size and area • Band and effective date of the successful bidder • Number of bids received on each vacancy.

21.3 Applicants receive feedback about each bid they place through their

personal login to the website. Information includes: • Position of bid on the final shortlist • If the applicant has been shortlisted for or offered a property • If the applicant has been overlooked for a property and the reason

for this. 22. Other Housing Options

22.1 In recognition of the extreme pressures on social housing in Bedford, advice and assistance is available from the Housing Options Team at Bedford Borough Council, bpha, and on the Bedfordshire Homefinder website.

• Other affordable tenures such as near market rent • Under occupation incentives – financial incentives may be available

tobpha tenants who are under occupying family accommodation and wish to move to smaller more suitable accommodation e.g. couple or single person household occupying a 2 or 3 bed house and wishing to move to a 1 bed property

• Low cost home ownership • Mutual Exchange - bpha will actively support applications for

mutualexchanges from tenants who wish to exchange with another tenantor a tenant of another Housing Association or Local Authority.

Further details of the above schemes and any others operated by bphaincluding eligibility criteria, can be sought directly from bphaand properties available under these schemes are advertised on the Bedfordshire Homefinder website.

23. Confidentiality, Data Protection and Access to Information

23.1 Applicant’s Rights to Information

Applicants have the right to request such general information as will enable them to assess:

a) How their application is likely to be treated under the Allocations

Policy, including whether they are likely to be given reasonable preference.

b) Whether housing accommodation appropriate to their needs is

likely to be made available to them.


c) Details of any decision about the facts of their case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to them.

23.2 Data protection

When an applicant applies to the Housing Register, bpha will seek only information that they require to assess the applicant’s application and housing needs.

The data protection principles which underpin the Data Protection Act 1998 are that data must be:

• Fairly and lawfully processed • Processed for limited purposes • Adequate, relevant and not excessive • Accurate • Not kept longer than necessary • Processed in a way which maintains the data subject’s rights to

privacy • Not transferred to countries without adequate protection.

23.3 Confidentiality

Confidential information held about applicants will not be disclosed to third parties apart from:

• Where the individual who is the subject of the confidential

information has consented to the disclosure • Where bpha is required by law to make such disclosures • Where disclosure is made in accordance with an information sharing

protocol.

23.4 Freedom of information

The Freedom of Information Act is in two parts. The first part, the Publication Scheme, came into force in February 2003. The second part of the Act came into force on 1 January 2005 and from then bphahave been obliged to provide information to anyone who requests it, unless an exemption applies. The deadline for meeting requests is 20 working days. It is free to make a request, but bpha can charge for copying and postage. bpha cannot provide information about anyone else e.g. another applicant.

24. Equality and Diversity

24.1 bpha operate in diverse areas, providing homes for a wide range of needs. Particular emphasis will be given to developing good practice to ensure that all applicants are enabled to use the scheme, and that it does not discriminate against any applicant seeking housing.


24.2 The Allocation Scheme aims to recognise and support diversity to

ensure that no sections of society are excluded and that the service meets the needs of those who may require additional care and support. This policy seeks to meet the needs of all applicants regardless of race, ethnicity, faith or religious belief, gender, sexual orientation, age or disability and to comply with all relevant legislation.

24.3 Use, operation and outcomes will be monitored to ensure no sections of the community are excluded or disadvantaged.

25. Legislation & Statutory Guidance The scheme complies with the requirements of The Housing Act 1996 (as

amended) and takes into account the following codes of guidance; • Homelessness Code of Guidance for Local Authorities 2006 • Allocation of Accommodation: Guidance for Local Housing Authorities in

England” (Dept. for Communities and Local Government: June 2012).

The scheme operates in accordance with the following legislation; • Housing Act 2004 • Equality Act 2010 • Rehabilitation of Offenders Act 1976 • Housing & Regeneration Act 2008 • The Children Act 1989 • Rent (Agriculture) Act 1976 • Housing Act 1985 • Localism Act 2011 • Armed Forces 2010

26. Decision Making

26.1 bpha Decisions under the Allocation Scheme will be exercised by officers of bphawho have been given delegated authority by the Head of Housing Management Services. It is unlawful for the Council or its agent to fetter its discretion and the Head of Housing Management is authorised to take into account individual circumstances and to depart from the criteria laid down where justified by special circumstances. In the rare case of extreme circumstances, the Head of Housing Services may authorise an immediate offer. Where an existing tenant is at risk in their property and requires an urgent transfer, evidence will be provided to the Housing Needs Team and a decision made by a panel of two bpha managers, with delegated authority from the Head of Housing Services. At least one Manager will be frombpha’s Housing Needs Team


26.2 Bedford Borough Council

Bedford Borough Council’s approved scheme of delegation to Officers sets out the Executive Director who is authorised to deal with the following operational housing related matters:

• To carry out the functions of the Local HousingAuthority under Part

VI of the Housing Act 1996 (asamended) [Allocation of Housing Accommodation].

• To carry out the functions of the Local HousingAuthority under Part VII of the Housing Act 1996 (asamended) [Homelessness].

• To authorise amendments to the Council’s Scheme ofAllocation of Social Rented Housing in respect of itsnomination rights.

Through a service level agreement between bphaand Bedford Borough Council bphaare authorised to undertake the administration and operation of the Housing Register and Allocation Scheme on behalf of Bedford Borough Council.

26.3 Bedfordshire Homefinder Partnership

The Bedfordshire Homefinder Partnership between Aragon Housing Association, bpha, Bedford Borough Council, Central Bedfordshire Council and Luton Borough Council has the following Governance Structure: 26.3.1 The Partnership Board comprises one senior officer from each

partner with delegated responsibility from their Executives or Boards to make decisions regarding the Bedfordshire Homefinder partnership. The members of the Partnership Board are accountable to the Bedfordshire Homefinder Partnership and to their respective Executives and Boards.

26.3.2 The Operational Management Group comprises one member from each partner who is responsible for overseeing the management of the Choice Based Letting system. The members of this group are accountable to the Partnership Board for matters relating to the operation of Bedfordshire Homefinder as a mechanism for allocating accommodation.

27. Monitoring&Reviewing The allocations, lettings and bidding activity made through Bedfordshire

Homefinder will be regularly monitored and reported. The monitoring will ensure that the scheme is achieving the desired outcomes of housing those in most need, whilst ensuring lettings are fair, transparent and in accordance with the Allocation Scheme. The scheme will also be monitored to ensure that it is accessible to everyone and meets the standards of equality and diversity stated in section 24.


Appendix A Eligibility Guidance The following categories of household are deemed eligible to apply: British Citizens who are habitually resident; Those prescribed by the Allocation of Housing and Homelessness (Eligibility) (England) Regulations (2006) and Allocation of Accommodation: Guidance for Local Housing Authorities in England – Consultation (2012); Classes A-E The following categories are also eligible:

1. An EEAnational who is in the UK as a worker as defined by the EEA Regulations

2. An EEA national who is in the UK as a self-employed person as defined by the EEA Regulations

3. An Accession State worker in accordance with Accession Regulations 2006 (i.e. nationals of Bulgaria and Romania who are required to be authorised by the Home Office to work until they have accrued 12 months uninterrupted authorised work)

4. Family members of those in 1-3 above 5. Those with permanent rights of residence by virtue of regulation 15, c,d or e of

the EEA Regulations 6. Those leaving Montserrat after 01/11/1995 due to the volcanic eruption 7. A person who is in the UK as a result of being deported, expelled or removed

by compulsion of law to the UK from another country 8. A person subject to immigration control but who is eligible because:

• They are granted refugee status • They are granted exceptional leave without condition that they and any

dependents should make no recourse to public funds • They have current leave to enter and remain in the UK with no condition or

limitation, and are habitually resident in the UK or the Common Travel Area • They are granted humanitarian protection under the Immigration Rules.

The following categories are deemed NOT eligible to apply:

a) Persons who are subject to immigration control within the meaning of Asylum and Immigration Act 1996, unless requalified by regulations

b) Those not subject to immigration control as defined by the above Act who are prescribed by regulations.

The following are NOT eligible:

I. Persons not Habitually resident II. If the right to reside in the UK is solely dependant from the status of being a

job seeker or a family member of a job seeker or has an initial right to reside


for a period not exceeding 3 months or those whose only right to reside is determined by the EU Treaty.

The Nationality, Immigration and Asylum Act 2002 also defines groups of persons those, with both refugee status from abroad and failed asylum seekers, who are not eligible, which also includes their dependants. The guidance above is not wholly prescriptive nor is its intention to fully explain the law. It is important that all applicants’ seek the advice of the Authority where they apply or seek independent legal advice in these matters.


Appendix B Quotas (see Section 15) From 23rd September 2013 lettings through the Bedford Borough Housing Register will be allocated by giving preference for a percentage of vacancies to the following groups on the housing register: 33.3% to Housing Register Applicants who are homeless and have an accepted Statutory rehousing duty under Part VII of the Housing Act 1996 (as amended) 33.3% to Housing Register Applicants who are Social Housing Tenants in housing need 33.3% to Housing Register Applicants who do not fall within the above definitions.

. .

Statutory Homeless acceptances 33.3% Lettings

Transfers 33.3% Lettings

Other Housing Need 33.3% Lettings

Sheltered – No Housing Need

Band A - Applicants with an accepted statutory homelessness duty with medical or welfare needs

Band A Tenants who:- are under-occupying; are occupying adapted properties which are no longer required; require adapted properties or who have an urgent need to move for management reasons;

Band A Applicants with a severe medical need; applicants or their families where the armed forces regulations apply and they meet the criteria in Band B

Band S Applicants who have no housing need but want sheltered accommodation.

Band B -Applicants with an accepted statutory homelessness duty

Band B Tenants whose housing circumstances fulfil more than one category in Band C

Band B Applicants whose housing circumstances fulfil more than one category in Band C (this would including homeless applicants who are homeless without accommodation ie those sleeping Rough; applicants or their families where the armed forces regulations apply and they meet one of the criteria in Band C.

Band C Tenants whose housing circumstances meet one of the criteria in Band C

Band C Applicants whose housing circumstances meet one of the criteria in Band C

Band D Applicants who have been found intentionally homeless; applicants who have knowingly worsened their circumstances


Appendix C Agreement with Bedfordshire Local Authorities for Nomination arrangements Arrangements with Luton Borough Council and Central Bedfordshire Council are currently being reviewed.

Agenda Item - Bedford

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Transcript of Agenda Item - Bedford