Gravesham Borough Council Draft Allocations Policy

The Scheme in Overview Section 1 – Introduction 1.0 The Scheme in Overview Under Section 168 of the Housing Act 1996 (as amended by the Homelessness Act 2002), it is the duty of every landlord authority to publish a summary of its allocations scheme for the allocation of its housing accommodation. This includes allocation of housing made available to the Council by Registered Social Landlords (RSLs), more commonly known as Housing Associations, under nomination agreements between the Council and the RSL. All references to the ‘act’ within the scheme refer to the 1996 Housing Act (as amended by the Homelessness Act 2002), unless stated to the contrary. The allocation scheme covers the allocation of all permanent housing, available to the Council, and applies to all applicants including existing introductory or secure tenants of the Council seeking transfer. There are many laws, statutes and nationally agreed criteria which concern housing that the Council must abide by in order to ensure that housing is allocated fairly. The main legal requirements are as follows: 1. Housing Act 1996 Part VI – Allocation of Housing Accommodation 2. Housing Act 1996 Part VII – Homelessness as Amended 3. Housing Act 1985, particularly Parts II, III & X 4. Asylum & Immigration Act 1996 Section 9 – Entitlement to housing and assistance 5. The Children Act 1989 6. Rent (Agriculture) Act 1976 – Agricultural workers evicted from ‘tied cottages 7. Data Protection Act 1984 – Applicants’ right to see computerised information held about themselves 8. Access to Personal Files (Housing) Regulations 1989 – Applicants right, subject to certain exemptions, to see information held on the councils files in connection with their application. 9. Sex Discrimination Act 1976 – Duty not to treat any applicant less fairly than persons of the opposite sex. 10. Race Relations Act 1976 – Duty not to treat any applicant less fairly than persons of any other race. Also having regard to the Commission for Racial Equality’s Code of Practice for Rented Housing. 11. Advice provided from time to time by the Chartered Institute of Housing and the Housing Corporation 12. The terms of any Nomination Agreements that the Council may have with Housing Associations 13. Any other relevant legislation or nationally or locally agreed criteria. As well as having its own housing stock Gravesham Borough Council has formed a partnership with Housing Associations who also have properties, or who are developing new properties in the Borough. Therefore when an applicant applies to the Council for housing, if they choose, the applicant can also bid for housing with other Housing Association Partners. This means applicants can access the housing stock of many landlords by completing just one application form. These

arrangements with Housing Associations are called ‘Nomination Agreements.’ In other words if there is a vacant or new property, applicants on the Common Housing Register can bid for these properties under Choice Based Lettings. Housing Associations do have the right to refuse any applicant who bids for housing if they feel the applicant is not suited to the accommodation they have bid for. The Demand for Housing 1.2 The Demand for Housing The Council is not able to re-house everyone who applies for accommodation, as there are simply not enough vacancies to assist more than a small proportion of those waiting each year. The Council therefore operates an Allocations Scheme that prioritises applications on an assessment of housing need. The assessment awards points for different factors. This process has been structured to ensure that the vacancies which we do have each year are offered to those in greatest housing need. The Supply of Housing for Allocation. 1.3 The Supply of Housing for allocation The supply of housing for allocation under the scheme is generally made up of vacancies being released for offer following tenants giving notice, death, tenants going into residential care, eviction, or transfer, and by new units of accommodation being developed in partnerships with Housing Associations. Typically, around 500 properties per annum become available for allocation in total. 1.4 Allocation of Council and Housing Association accommodation. The allocation of Council and Housing Association properties are determined by four factors. These factors are outlined below:

• Re-housing targets

• Use of discretion

• Rules for the allocation of different types of property

• Re-housing priorities Re-housing Targets Re-housing targets may be necessary to tackle specific problems at a certain time. Use of discretion Where necessary the Council will look at other factors that are relevant to the allocation or nomination decision, provided that they do not systematically work to the disadvantage of any one applicant or category of applicant. Rules for the allocation of different types of property In order to make the best use of the properties which become available each year the Council has to make certain decisions about which type of property is best suited for each type of household. Re-housing priorities

Households registered on the Council’s Housing Register will be considered for available Council and Housing Association accommodation in the order shown below. This is subject to the Rules for the Allocation of Different Types of Property and the Rules for the Use of Discretion. 1.5. Re-housing Priorities 1.5.1 Homeless Applicants These applicants will be included on the Special Priority List. If an applicant is homeless or threatened with homelessness they will need to make an appointment to see the Housing Advice team who will make an assessment as to whether the Council has a duty to offer permanent housing. If an applicant is accepted, homeless points will be awarded, and applicants will be able to bid for a suitable property under the Choice Based Lettings Scheme. If an applicant fails to place a suitable bid within 6 months of being registered, the Allocations team will commence bidding on the applicants behalf. 1.5.2 Special Priority List (30 or more points) This list comprises households with the most urgent priority. Within this list, applicants will be able to bid for accommodation reasonably suited to their needs once they have entered the Special Priority List. It is important to note that in addressing the urgency of applicants’ circumstances it may not be always be possible to match the applicants’ exact requirements; however the council will endeavour to do so where possible. In the case of existing Council tenants transferring, they will be able to bid for accommodation that is as reasonably comparable in size, type and location to their existing accommodation, unless their needs and circumstances dictate otherwise. 1.5.3 Transfer List (Transfer applicants with 1 to 29 points) This list comprises households who are already existing Council tenants and have requested a transfer and to whom between 1 and 29 points has been awarded. On each points level, applicants will be considered in date order of application and will be able to bid for accommodation reasonably suited to their needs. 1.5.6 Waiting List (Waiting List applicants with 1 to 29 points) This list comprises applicants on the Waiting List to whom between 1 and 29 points have been awarded. On each points level, applicants will be considered in date order of application and will be able to bid for accommodation reasonably suited to their needs. 1.5.7 The Open List (Any applicant with nil points) This list is open to households meeting the following criteria;

• Any household, including existing Council tenants with a tenancy of less than one year. The tenancy must have been conducted satisfactorily.

• Any household that has been assessed as not having a need for Council/Housing Association accommodation.

• Any household not having a ‘local connection’ with the Borough. Households on the Open List will be able to bid for accommodation that has not been categorised for other households falling into the other re-housing priorities, and will be considered in date order of application. Applications for this list will only be retained for a period of twelve months, unless the applicant specifically requests to renew their application at the end of the year. The Council operates an Allocations Scheme that prioritises applications based on an assessment of housing need. The assessment awards points for different factors. This process has been structured to ensure that the vacancies which we do have are offered to those in greatest housing need. It is extremely important to the Council to maintain a fair and non biased approach at all times. Because we do not use a ‘first come first served’ allocation system we must ensure that the allocation rules are well known and understood by everyone. Section 2 – Procedures for the application and offer process Application process In order to make an application to be entered onto the Common Housing Register an application form must be completed. The form can be obtained in a number of ways; via the council website, directly from the Civic Centre or one of the local housing offices or alternatively a copy can be posted to you if you contact the Allocations team on 01474 337366. 2.1 Who may apply? 2.1.1 Local connection In order to be placed on the Housing Register applicants should have a local connection with the borough of Gravesham. The current definition of a local connection as recognised by the Council is;

• Residence in the area for six out of the last twelve months or three out of the last five years and/or

• The applicant’s employment is based in the borough and/or

• The applicant has close family i.e. parents, children over 18 years, brothers or sisters, who have lived in the area for at least five years.

If the applicant meets one or more of the above criteria the Council will consider that the applicant has a local connection. If an applicant does not have a local connection they will be accepted onto The Open List on the Housing Register. 2.1.2 Age Applicants must be at least sixteen years of age in order to apply to go on the Housing Register, however applicants under eighteen will not normally be offered a Council tenancy. Occasionally with the support of parents and / or Social Services, applicants under eighteen may be offered a tenancy if a responsible adult is able to act as a Guarantor. In other words the adult acting as a Guarantor agrees to underwrite and take responsibility for the actions of the underage tenant.

2.1.3 Financial circumstances If the Council feels that an applicant has sufficient financial resources to resolve their housing problem without the Council’s assistance, there is a chance the applicant may not be eligible to register. Applicants will be asked to provide additional financial details to those submitted on the application form where appropriate. Applicants who may lose their home through re-possession or relationship breakdown will be advised to make an appointment with the Housing Advice team by letter at the time of application. 2.1.4 Rent arrears People who owe rent to Gravesham Borough Council or any other Social landlord will normally be asked to clear their outstanding debt prior to registering. However if an applicant has a serious need for re-housing for example they are homeless or living in substandard accommodation, they may at the discretion of the Council be given active consideration for re-housing, provided that an arrangement is made to clear the outstanding debt. Tenants who have had rent arrears will not normally be able to register for housing unless they have had a clear rent account for six full months. Exceptions to this rule can be made at the discretion of the Housing Allocations Panel. 2.1.5 Council tenants who may be ineligible for a transfer When considering applications from Council tenants applying for transfer to another dwelling, the Council may refuse to make an offer of accommodation if the existing tenancy has not been conducted in a satisfactory manner, with particular reference to the following matters:

• Unsatisfactory record of rent payment,

• Unreasonable behaviour towards any resident in the Borough

• Failure to keep the property or garden in a reasonable state of repair, internal decoration and cleanliness

• Neglect of, or damage to the Council’s property

• Unauthorised alterations to the dwelling, particularly where these may reduce the value of the property or affect its suitability for re-letting

• Use of the property for illegal or immoral purposes. Council tenants who have lived in their property for less than twelve months may register for a transfer, but will not normally be given any priority for re-housing until they have resided in their property for twelve months. 2.1.6 Other people who cannot be registered for housing There are other reasons why people cannot be registered for housing. These are outlined below:

• Persons subject to ‘Immigration Control’ Certain categories of people who have recently entered the U.K. may not be eligible to register for a secure tenancy in any area of the country. This is set out in the Asylum and Immigration Act 1996. If you think you may come under this category

you should seek advice from the Council’s Housing Advice Officer on 01474 337599 and/or the Home Office. ·

• People whom the Secretary of State decides should not be given a secure tenancy

• People with a past history of unacceptable behaviour, for example violence to Council or Housing Association staff or tenants.

2.2 Eligibility for the Application Process Where two or more persons apply jointly for housing, both of them must be eligible for allocation. Normally, persons included on an application form must be members of the applicant’s immediate family who usually resides, or could be reasonably expected to reside, with the applicant. Any other person or persons will only be accepted, as part of the applicant’s household in circumstances in which it is reasonable for that person or persons to reside with the applicant. This will normally exclude lodgers or anyone subletting from the applicant. 2.3 The Points Scheme The Council has adopted a points scheme that attempts to reflect local circumstances as well as ensuring that we meet our legal requirements under the Housing Act 1996 Part VI. The Council thereby gives reasonable preference to the following groups:

• People occupying unsanitary or overcrowded housing or otherwise living in unsatisfactory conditions

• People occupying housing accommodation which is temporary or occupied on insecure terms

• Families with dependant children

• Households consisting of or including someone who is expecting a child

• Households consisting of, or including someone with a need for settled accommodation on medical or welfare grounds

• Households whose social and economic circumstances are such that they have difficulty in securing settled accommodation.

2.4. Classification of the Points System Points are awarded either by the Housing Needs Team or the Allocations Team dependent on the circumstances and classification of points. A breakdown of the points system and how many points are awarded is illustrated below: 2.4.1 Insecurity of tenure

• Assured, Tied or other tenants of self contained accommodation under Notice to Quit or Court Order for Possession will be awarded 35 points

• Owner occupiers /Leaseholders subject to a Court Order for Possession will be awarded 35 points

• Hostel and Bed & Breakfast residents, and persons who are roofless e.g. sleeping in a car or other temporary shelter will be awarded 35 points

• Council staff living in staff accommodation provided for the better performance of their duties, who will be required to vacate their current accommodation due to retirement, early retirement due to ill health or redundancy and have been in the Council’s full time employment for a minimum of five years will be awarded 30 points

• Armed Services personnel living in Armed Services’ quarters and who have notified the Council that, within six months, they will be required to vacate that accommodation due to retirement, early retirement due to ill health, normal discharge or redundancy will be awarded 25 points

• Tenants of tied accommodation, e.g. agricultural workers, who have notified the Council that within six months they will be required to vacate that accommodation due to retirement, early retirement due to ill health or redundancy will be awarded 25 points

• Occupiers of Council or Housing Association property who do not have the Right of Succession and have been left in occupation upon the tenant’s death will be awarded 25 points (These points will be awarded at the discretion of the Housing Allocations Panel depending upon the vulnerability of the resident and the length of time they have lived with the tenant).

2.4.2 Joint Stock Referral Process

• Individuals within a residential Care Home, Hospital or a young person leaving the care of the Local Authority will be awarded 35 points

The Council will normally require confirmation from the establishment concerned or from Kent County Council (KCC) Social Services that the applicant is ready to move on into independent accommodation and that a package of care will be provided to assist the applicant if needed. These applicants are referred to Gravesham Borough Council through the Joint Stock referral process. Where ‘Insecurity of Tenure’ points have been awarded all other points, except those awarded for physical disability and illness will no longer apply. Present housing conditions 2.4.3 Where amenities are absent or shared Often applicants are residing in properties where amenities are absent or shared with other occupants not included on their application for housing. The Council recognises that this is not ideal and awards points accordingly: Waiting List Only Lacking Shared Kitchen 5 3 Fixed bath or shower 5 3 Washbasin with hot & Cold running water 5 3 Inside toilet 5 3 Fixed heating in at least one room 5 Living room 5 2 For households containing a person over 60 years or a child under 1 year living in accommodation without any form of fixed heating provision in at least one living room or bedroom 20 points will be awarded.

2.4.4 Housing in very poor physical condition For private households living in property where the Council has served either a demolition or a closing order on the property and Council tenants whose property is scheduled for demolition 50 points will be awarded. For households in the private or Council sector whose property requires urgent redevelopment or conversion which cannot be carried out with the household in occupation 50 points will be awarded. 2.5 Points relating to personal circumstances 2.5.1 Where larger accommodation is required Where larger accommodation is required, the council will award points based on the number of bedrooms required within a property. The table below illustrates the number of points awarded based on the number of bedrooms required. Bedrooms

required

No of bedrooms 2 3 4 1 20 30 40 2 20 30 3 10 Forced separation of households are awarded 20 points 2.5.2 Where smaller accommodation is required Where smaller accommodation is required points will be awarded based on the number of bedrooms a household surrenders. It is important to note that this applies to transfer applicants only. For households needing: 3 or more fewer bedrooms 30 points will be awarded 2 fewer bedrooms 20 points will be awarded 1 less bedroom 10 points will be awarded In counting the number of bedrooms required, the kitchen, bathroom and one living room in the existing property will not be taken into account. Any room under 4.65m sq. (50ft sq.) will not count as a room that could be used to sleep in. 2.5.3 Children living in a flat/maisonette For families with children less than 12 years of age living in a flat or maisonette, where the access is either above the ground floor or at basement level 5 points will be awarded.

Physical disability, illness and special needs 2.6 Excessive stairs For households with a person with impaired mobility, but able to walk unaided, the following points will be awarded:

• a first floor flat with no lift – 5 points

• a second floor flat with no lift - 10 points

• a flat on the third floor or above with no lift – 15 points For households with a person with substantially impaired mobility who is unable to walk unaided, the following points will be awarded:

• a first floor flat with no lift – 15 points

• a second floor flat with no lift – 20 points

• a flat on the third floor or above with no lift – 30 points For households with internal stairs or where entrance is via steps a person unable to walk without aid, will be awarded 30 points unless adaptations can easily be carried out. All houses and maisonettes with internal stairs and bungalows or ground floor flats/basement flats that cannot be entered without climbing four or more external stairs will be treated as if they were a first floor flat. 2.6.1 Other forms of illness or disability For households whose present accommodation is unsuitable as a result of a very serious physical disability or a serious debilitating medical condition, 20 to 30 points will be awarded. For households whose present accommodation is not ideally suited for the needs of a person with a serious physical disability or a serious debilitating condition, but who can use the facilities with or without the assistance of a carer, if it is considered that they would cope much better in more appropriate accommodation 10 to 20 points will be awarded. For households with a person who suffers from a disability or illness which means that they are at a disadvantage in managing their home and would cope better in more appropriate accommodation 5 to 10 points will be awarded. All of the above points will all be awarded by Nowmedical who carry out all medical assessments. Medical points will only be awarded if an applicant’s medical condition will be improved as a result of re-housing. Please see appendix 1 for a list of conditions which will be referred to the medical advisor. 2.6.2 Very exceptional circumstances For households with an exceptional and urgent housing need not catered for in the above framework, eg domestic violence, racial or sexual harassment 5 to 50 points will be awarded at the discretion of the Housing Allocations Panel. The Operations Manager will agree these cases in writing. (Refer to appendix 2)

2.6.3 Housing Allocations Panel A Panel meets fortnightly to discuss cases that do not necessarily fit within the allocations policy framework. An example of cases considered may be where an award of exceptional circumstance points is appropriate, or applicants may have rent arrears but due to exceptional circumstances would like to join the housing register. The Panel consists of housing staff and colleagues from other Council Directorates to ensure an objective view. All cases are considered on their individual merits. 2.7 Making an application and information on prospects for allocation. Applications to the Common Housing Register must be made only on the prescribed form which is available from the Civic Centre, local Housing Offices, by post or over the internet. Persons needing advice or assistance in completing the application form should contact either the Housing Advice Team on 01474 337599 or the Allocations team on 01474 337366. Applicants will receive an acknowledgement of their application within 5 working days of its receipt. An assessment of housing need will be made and notified to the applicant within ten working days of receipt of the application. The applicant will be given a registration number and a summary of the housing needs assessment. In cases where more information is required from third parties e.g. medical or other reports, or where the Council is making further enquiries into an applicant’s eligibility for allocation under the scheme, it may take longer than the ten days to notify the applicant of their housing needs assessment. When assessing the needs of each household asking for Council or Housing Association accommodation, the points shown under each of the factors listed in the Points Scheme will only be awarded if the Council is satisfied that there are no practicable alternatives available to them for meeting the need in question. In deciding if any alternatives are reasonably available, the Council will take into consideration the following:

• The household’s income and outgoings.

• The value of any savings or other financial sums due to the household, such as redundancy payments or lump sums payable upon retirement.

• The value of any property owned and of any outstanding loan secured on that property.

• The availability of grants or loans to the household or the landlord for the renovation, improvement or adaptation of the accommodation currently occupied to make it suitable for the needs of the applicant.

• The households ability, mentally and physically, to take whatever steps may be needed to enable them to meet their housing need, taking into account any professional assistance that may be available to them.

If after two months of receiving an application, an applicant has failed to submit all the information required, then the application will be assessed on the information that has been received to date. This may result in the application being given a lower priority than it otherwise may have been. Applicants, may be visited prior to an offer being made with the exception of homeless applicants in temporary accommodation to whom the Council owes a duty under Part VII of the Housing Act 1996 (as amended). The purpose of this visit is to confirm details of the applicant’s current living conditions and circumstances and to ascertain any particular needs or

difficulties, which may need to be taken into account prior to making an offer of housing. 2.7.1 Applicants for sheltered housing Applicants over sixty, or over fifty five and registered disabled applying for sheltered accommodation will be visited by a Sheltered Housing scheme manager to ensure the applicant is given the appropriate advice and assistance in addition to checking the applicant’s suitability for sheltered housing. The appropriate visit form will be completed by the Sheltered Housing scheme manager and forwarded to the allocations team. Unfortunately some applicants are not deemed suitable for sheltered housing because their support needs are too great. In these circumstances the applicant or their representative, will be notified in writing. All applicants for sheltered housing must be visited by a scheme manager and accepted for Sheltered Housing before they can start bidding for vacant properties. 2.7.2 Proof of Identity and Supporting Information Applicants are required to complete all relevant sections of the application form. Incomplete applications will be returned to the applicant. As well as verification through home visits, applicants will be asked to provide supporting information as appropriate to the circumstances of their application. Generally, this will cover confirmation of immigration status for the purposes of assessing eligibility for allocation, confirmation of residence at their home and any other information reasonably required to assess the application under the policy. 2.7.3 Misleading Information Any applicant seeking to obtain accommodation through fraudulent means, for example making a false statement, withholding relevant information, or by failing to inform the Council of any material change in circumstances commits a criminal offence and is liable to have her/his application cancelled. A prosecution may be pursued and/or the application refused as ineligible for allocation. 2.7.4 Members of the Council, Staff Members and their Relations In order to ensure that the Council is seen to be treating all applicants fairly, any application for the allocation of housing from members of the Council, employees of the Council or their relations must be disclosed on the application form. Such applications will be assessed in the normal way, but, in order to give public confidence, the acceptance of the application must be approved by the Tenancy Services Manager and any accommodation allocated to the applicant under the scheme must be approved by the Assistant Director of Housing and Environment and then signed by the Portfolio Holder. 2.7.5 Change of address and/or circumstances Applicants who experience a material change in their circumstances at any time should contact the Allocations section for advice on whether this may affect their eligibility or prospects for offer. Applicants who change address after acceptance of their application should notify the Allocations section immediately. In order that their new housing conditions can be

assessed, applicants will be invited to complete a fresh application form, which will be assessed under the Allocations policy. Where the change of address or circumstances makes no material difference to the applicant’s eligibility or assessed housing need, the applicant will retain the priority derived from the date of approval of the original application. Applicants must notify the Council (in writing) of any change in their circumstances, examples being: -

• A change in medical condition;

• A change of address, for themselves or any other person on their application;

• Any additions to the family or any other person joining their application;

• Any member of the family or any other person included in the application that has left the accommodation.

2.8 Renewal of Applications So that the Council can ensure that accommodation is allocated fairly, and to take account of any change in circumstances affecting an applicant’s eligibility or current or future housing need, all applicants will be invited to renew their application annually. Applicants will be warned that failure to respond to a reminder within 28 days of receiving their renewal letter will result in the application being cancelled. Applicants will not be notified that their application has been cancelled, and subsequent applications will be reassessed in accordance with the allocations policy. 2.9 Assessing Medical Needs Applicants who indicate in their application form that they consider that their health is affected by their current housing conditions will be asked to complete a medical assessment form describing their health condition. Advice on the implications for current or future housing needs arising from the health condition may be taken from the Council’s medical advisor. Where further information is required, officers of the Council may make further enquiries into the issue, subject to the applicant’s consent. Applicants will then be advised of the medical priority awarded in accordance with the policy. Applications involving a health related issue will be assessed by the Council, with advice from the Council’s medical advisor. The criteria for the award of medical points within the points scheme detailed above, will be applied with additional points or priority added accordingly if appropriate. The applicant’s medical assessment should be made within 28 days of receipt of the applicants completed medical form. The outcome of the assessment will be notified to the applicant within 10 working days, unless the Councils medical advisor requires further information. Medical assessments will only be completed if the applicant can demonstrate that their housing situation is having a detrimental effect on their health. Assessments will only be made for the conditions found in appendix 1 and applicants will only be able to request a further assessment if they can provide additional information for consideration. Section 3 - Size and Type of Accommodation 3.0 Size and Type of Accommodation

Applicants will normally be offered accommodation of a size, which does not create a need for larger accommodation (as defined in the Points Scheme, under 2.5.1). A household may however, be offered accommodation larger than is strictly necessary to meet their needs where:

• It is not required for any household with a need for that size of property;

• It is for a transfer to a flat or maisonette from a Council-owned house or bungalow;

• It is for a flat or maisonette in a block where allocations are not normally made to households with any person under the age of 18 years.

The size of accommodation offered depends upon the size and composition of the applicant’s household. This will apply to all lists, as follows: -

• Single person households may be offered either bed sitting room or one bedroom accommodation.

• A couple will be offered one bedroom accommodation. Households will be offered one additional bedroom for the following: -

• Each single adult

• Two children of the same sex, except where there is an age disparity of 10 years or more, where we would offer an additional bedroom.

• Two children of the opposite sex, except where one is aged 7 or over, where we would offer an additional bedroom.

• Each additional child would be offered an additional bedroom. 3.1 Notes Other applicants requiring separate bedrooms due to medical reasons (as recommended by the Council’s medical adviser) will be allocated separate bedrooms. Where additional persons or family members are married or co-habiting they will be considered as a couple and assessed as requiring one bedroom. Tenants moving through a mutual exchange may be allowed one extra bedroom. Applicants are able to bid for accommodation with one bedroom less than their assessed need, except where statutory overcrowding is likely to be caused. A bathroom or shower room is defined as a separate room. A WC may be a room on its own or incorporated within a bathroom. No account is taken of rooms for living or sleeping which are less than 50 sq.ft. The number of bedrooms needed by a household assumes the availability of one living room. Any living accommodation in excess of this is counted as a bedroom. Single person households or couples living in a bed-sit or studio accommodation are considered to be adequately housed unless they lack or share facilities or have medical needs, a disability or any other special circumstances such as Domestic Violence or harassment. 3.2 Relationship Breakdown (where children are involved.) Where a relationship breakdown occurs and the children are already accommodated with one parent, they will be considered to have a permanent residence and cannot therefore be included in any application for housing made by the other parent. 3.3 Houses with private gardens

Where possible, preference for a house with a private garden will be given to families with children under 12 years, or families who are expecting a child at the time of offer. 3.4 Two and three bedroom flats and maisonettes Wherever possible three bedroom maisonettes will be allocated to families with no more than three children and preference will be given to families with children over the age of twelve years. However, during periods of extreme shortage of three and four bedroom houses, it may be necessary to place larger families with young children, or families who are expecting a child, in flats and maisonettes. Such decisions will rest with the Tenancy Services Manager. In the allocation of two bedroom flats and maisonettes, priority will be given to families with one child over the age of 12 years. In the allocation of ground floor flats preference will be given to the needs of households that include a person with a serious physical disability. 3.5 Two bedroom bungalows Preference will be given to the needs of households that include a person who is infirm or suffers from a disability and who need two-bedroom accommodation as assessed by the councils medical advisor, Nowmedical. 3.6 One-bedroom bungalows Where the bungalow does not form part of a complex served by a Sheltered scheme Manager, and was not designed for occupation by retired persons; preference will be given to persons who are infirm or suffer from a disability as assessed by the Councils medical advisor, Nowmedical. 3.7 Purpose built or adapted properties suitable for persons with a serious physical disability Some council properties may have been adapted to specifically meet the needs of a disabled tenant. When these become vacant the council will endeavour to allocate the property to someone who requires similar adaptations. Before an offer can be made, there is a requirement for the property to be checked by an Occupational Therapist to ensure that it is suitable for the proposed applicant. 3.8 Sheltered Housing In the allocation of properties designed for occupation by persons over normal retirement age, preference will normally be given to men and women over the age of 60 years. However persons over the age of 55 years may be considered if they are registered disabled. (see also 2.4.1) 3.9 Supported Housing for those with special needs The council has a supported housing scheme for tenants with special needs. The scheme has a full time resident scheme manager to give support to residents who have a physical disability, learning difficulties or mental health problems. Applicants for this scheme are assessed by social services and the Sheltered Housing Manager. Floating support can also be provided to residents in partnership with support agencies, for example Stonham Housing Association. These residents are given

additional support to help them succeed in their tenancy, for example, budgeting or completing Housing Benefit forms. Referrals for floating support are sent directly to KCC. For further information please contact the allocations team on 01474 33 73 68. Section 4 – Size and Type of Property 4.0 Size and Type of Property The size and type of property allocated will be appropriate to the size of the applicant’s household giving due regard to any relevant medical circumstances or special needs recognised via a medical assessment. It is not a criterion to reflect an applicant’s preference for a particular size or type. In Section 2.3 above, detailed guidance is provided on assessing the numbers of bedrooms needed. 4.1 Floor Level The number of storeys in a block or the floor access level to the dwelling will not be considered in the making of an offer, except in cases where there are: -

• Relevant medical circumstances as assessed with advice from the Council’s medical advisor or,

• Children on the Child Protection Register subject to a recommendation from the Director of Social Services.

4.2 Condition of Property All accommodation offered will be habitable, in reasonable repair and fit for letting at the commencement of the tenancy, in accordance with Gravesham Borough Councils lettable standard. A copy of this can be obtained from the Voids Team, who can be contacted on 01474 33 73 45 or alternatively can be found on the Council’s website. 4.3 Energy Performance Certificate When a property is vacant an Energy performance assessment is carried out and an Energy Performance Certificate is produced. This gives the prospective tenant information regarding the energy efficiency of the property and improvements that can be made. Gravesham Borough Council is under no obligation to complete these improvements to make a property more energy efficient, and will not consider a refusal of a property based on the energy rating to be a valid reason. Any applicant who declines an offer as a result of the energy efficiency rating will be deferred for six months. 4.4 Rules for the use of discretion in selection of an applicant for nomination. Where two or more applicants who are being considered for a property or nomination to a housing association, have a virtually identical priority, the Council will look at other factors that are relevant to the allocation or nomination decision, provided that they do not systematically work to the disadvantage of any one applicant or category of applicant. These other factors may include for example:

• Any special reason for needing to live in the particular area concerned, such as closeness to a child’s school, closeness to work involving unsocial hours, or closeness to an infirm/disabled relative, especially where the applicant has no means of personal transport;

• The alternative possibilities for meeting each applicant’s needs if they are not offered the particular property in question;

• The property that would be released as a consequence;

• The length of time an applicant has been registered for re-housing.

• The wider community interest. 4.5 Viewing arrangements All applicants are given an opportunity to view the property prior to the acceptance of a tenancy. Applicants will be contacted either by telephone or in writing and invited to view the property. Applicants will be advised that if the Allocations team is not contacted within five working days of the offer, the offer will be withdrawn. In certain circumstances the Senior Allocations Officer has the discretion to extend the period for response where this is appropriate. The viewing is to be carried out within two days of the property being ready and within five days of receiving the housing file at the office. All viewings will be accompanied by a staff member from Gravesham Borough Council. 4.6 Signing for your new tenancy Where the property is ready to let and the applicant accepts at the time of viewing, the applicant will be signed up on the same day. Tenancies will normally commence the following Monday. Where the property is viewed whilst works are still in progress, the applicant will be contacted by letter or telephone and signed up within 24 hours of the property being available for letting. The tenancy will normally commence the first Monday following completion of the relet works. All sign ups will be carried out in accordance with the sign up checklist and applicants will be given all appropriate documentation (appendix 4). Applicants will be advised of their rights and responsibilities. It is important to ensure that the appropriate tenancy type is granted i.e. Introductory or Secure. The new tenant will be visited in their property by their Housing Officer within eight weeks of moving in to discuss any issues that they might have. Section 5 – Tenancy Related Issues 5.1 Joint tenancies Tenancies between two people living together as a couple are usually joint tenancies. Both joint tenants need to be present at the sign up in order to sign the appropriate tenancy agreement. Proof of ID will be checked for both tenants. Where applicants are likely to be eligible for Housing Benefit they will be given the appropriate advice regarding an application for Housing Benefit. Where applicants are unlikely to be eligible for Housing Benefit they will be asked to pay one weeks rent in advance at the time of sign up and will be advised of the methods of future rent payment. 5.2 Ending of Joint tenancies by one party Where a joint tenant advises the council that they wish to terminate their tenancy, the Council will consider using its discretion to grant the remaining tenant a sole tenancy, if they wish. Factors to be taken into account when deciding on such issues will include: the extent to which the property is needed for the good use of the Council’s stock overall, the competing demands from other applicants in housing need, the size of the property and the personal circumstances of the remaining tenant. The Tenancy Services Manager makes such decisions.

5.3 Death of a Tenant – applications for non-statutory succession Where a tenant dies and there is no statutory right of succession the Council will consider granting a tenancy to another household member if that person has:

• Been living with the tenant for a year immediately prior to the tenant’s death as their principal or only home or

• Provided care for the tenant whilst living in the accommodation as their principal or only home or

• Accepted responsibility for the tenant’s dependants and needs to live with them in order to do so in such cases the applicant’s priority for allocation under the scheme will be assessed and provided that an allocation to the remaining household member would not otherwise interfere with the good use of the Council’s stock overall, a tenancy may be granted, either to the same dwelling or to other suitable alternative accommodation. The Tenancy Services Manager makes such decisions.

5.4 Introductory tenancies All tenancies granted by the Council to new tenants, will be “introductory tenancies” with the exception of those excluded by statute. Any time spent as an assured short hold tenant of a registered social landlord immediately before being granted a Council tenancy will be counted towards the 12-month introductory tenancy period. Provided that the Council has not begun proceedings for possession against the tenant within the 12-month introductory tenancy period, the introductory tenancy will automatically become a secure tenancy at the end of that period. 5.5 Under occupation – The Transfer Incentive Scheme The Transfer Incentive Scheme is to help tenants living in properties too large for their needs to move to smaller, more suitable accommodation. In order to qualify for the scheme, a tenant must have at least one additional bedroom beyond their requirements, and must be willing to move to a one bedroom flat or bungalow. Their current property must be in reasonable order so that it can be re-let quickly and they must be registered for a transfer. The financial benefits of the scheme mean that the tenant will receive £250 for each bedroom given up. If the applicant is moving to sheltered accommodation the council will also pay their moving costs. 5.6 Mutual exchanges The Housing Act 1985 provides that a secure tenant may, with the written consent of the landlord effect a mutual exchange. The Council will consider applications for an assignment by way of mutual exchange of dwellings between its secure tenants and:

• Other secure tenants of the Council

• Secure tenants of other local authorities

• Assured tenants of registered social landlords. Reference should be made to the mutual exchange policy when processing a request for a mutual exchange. The mutual exchange register should be kept up to date by the allocations team and made available to members of the public at all reception areas within council buildings.

5.7 Right to Buy Existing Council tenants will almost certainly have the right to buy their home at a discounted price provided they have been a public sector tenant for at least two years. The discount available increases with the length of public sector tenancy but may not exceed £38,000. Information on Right to Buy and application forms will be readily available on request and available from the Civic Centre or local offices as well as on the Council’s website. 5.8 Shared Ownership/Part Ownership There are several schemes available each year to assist Gravesham residents to purchase a property on the open market. This usually involves applicants part-buying their new home with the help of a Housing Association. This is called ‘Homebuy’. In order to find out more about these schemes please contact the Allocations Team on 01474 33 73 66. Section 6 – What you can Expect from the Council 6.1 Right to request reviews If you are unhappy with a decision that the Council has made, The Housing Act 1996 (as amended by the Homelessness Act 2002) gives applicants the right to request the Council to review certain decisions made under the allocations scheme.

• An applicant can request a review under Section 167, in relation to a decision made that he or a member of his household has been guilty of unacceptable behaviour serious enough to deem him unsuitable to be a tenant of the council.

• An applicant can request a review of any decision about the facts of her/his case which have been, or are likely to be taken into account by the council when considering whether to allocate housing accommodation to her/him.

• An applicant can request a review of any decision to exclude them from consideration under the allocations scheme on the grounds that they are treated as ineligible for re-housing.

These rights will be notified to applicants in any correspondence communicating a reviewable decision, with details of any time scale in which a review must be requested and the administrative arrangements for requesting a review. Applicants placed into a homeless queue have an additional right to request a review of the suitability of the accommodation offered to them under section 202 of the Act (as amended). The homeless team will notify this right to the applicants at the time of offer. 6.2 Handling reviews Requests for a review must generally be made within 21 days of the applicant being informed, in writing, of the Council’s decision. Requests received after this period can only proceed at the discretion of the Tenancy Services Manager. Requests should be made in writing, stating the reasons for the request, giving all supporting information that the applicant may wish to be considered. This should include statements from 3rd parties. An applicant may request an extension of time if

they are waiting for information from a 3rd party or are otherwise prevented from putting their case forward for reasons beyond their control. An applicant may appoint an independent legal advisor or authorise another person to submit their requests for review on their behalf. If an applicant needs help making a written request for a review they should inform the allocations team and a council officer will assist. Right to reviews will be considered by an independent council officer. He/she will then make a recommendation to the Operations Manager to agree or refuse the appeal. The applicant will be notified in writing of the result within 1 month of the review request being received. An applicant will have no further right to appeal, except on the grounds that the decision;

• Breaches the council’s legal obligations.

• Is so unreasonable as to be absurd.

• Is subject to an improper influence. Further requests for reviews will be considered by the Housing Management panel. 6.3 Equal Opportunities and monitoring The Council is committed to the principal of equal opportunities in the delivery of its services. The Council will seek to ensure that its allocation policies are operated in a manner which serves all sections of the community regardless of colour, race, religion, nationality, ethnic origin, marital status, sexual orientation, age, gender or disability. All applicants for housing or re-housing are asked to provide details of ethnic origin. This will not, however, be a requirement for acceptance of an application. Records of ethnic origin will be kept and monitored on a monthly basis to ensure properties are being offered and allocated fairly in accordance with stated objectives. Assistance will be given to those applicants having difficulty completing an application form. For example, translation facilities can be provided 6.4 Confidentiality Information provided by applicants will be treated in accordance with the Council’s confidentiality procedures and within any inter-agency protocol’s that apply to particularly sensitive information. Unless an applicant gives their written consent, information they have submitted will not be disclosed to a third party unless they have s specific need to know, in connection with their official duties. Applicants are asked on the application form to give their consent for the Council to seek advice regarding their application from any statutory agency or professionally qualified person. This may include other departments within the Council, Housing Associations, the Social Services Department, the Education Authority, the Police, medical practitioners or any National Health Service Agency. If any Agency or person provides written advice that has not been requested by the Council in connection with an application, it will be treated as if it has been supplied with the applicant’s knowledge, unless the Agency or person concerned specifically states that the applicant has not been advised of their communication. If an applicant refuses to give their consent for the Council to seek information and advice, the Council will at its discretion, make such assessment of the applicants housing needs as appears reasonable in the circumstances.

6.5 Access to information under Data Protection Act 1998 All applicants for housing have the right to see Information held about them by the Council, in accordance with the Data Protection Act 1998. The right applies to all personal information regardless of the date that information was recorded. With regard to housing application records, applicants have a right of access to information held about themselves, and members of their family held for the purposes of that application. This right of access extends only to “personal” information, namely, factual information and expressions of opinion, which relate to a living individual. In certain circumstances the Council may refuse access. This arises where, for example, the information: -

• may identify a third party and that party has not consented to the Disclosure;

• concerns an individuals health, and disclosure may cause serious harm to the wellbeing of the applicant; or

• is held for the purpose of prevention or detection of crime or in respect of some other legal proceedings.

Requests for access to records must be made in writing to the allocations team. Subject to the above exceptions and consents, applicants should be given the option to either view the records or have a copy provided within 40 days of the application. A fee may be charged for this service. Applicants have the right to challenge the accuracy of the information held on them and may request the erasure or correction of records which they believe to be inaccurate. If the Tenancy Services Manager agrees that the information is inaccurate, the record will be corrected and the applicant will be given a copy of the corrected documentation. If the Tenancy Services Manager does not agree the information is inaccurate, or refuses access to the information, the applicant has a right of appeal. 6.6 Rights to information about assessment under the policy In accordance with s167 (4A) of the 1996 Housing Act as amended, all applicants have the right to request information to enable them to assess how their application is likely to be treated. This includes whether they fall within one or more of the groups entitled to reasonable preference, and whether accommodation is likely to be allocated to them. Applicants can further request that the Council inform them of any additional information which is likely to be considered when deciding whether to allocate accommodation. The Allocations Team operates a duty telephone advice service during office hours where further, specific advice can be provided. They can be contacted on 01474 33 73 66 6.7 Changes to the Allocations Policy – consultation Before making any changes to the allocation policy, consultation will take place with Registered Social Landlords participating in the Common Housing Register. Consultation will also take place with other stakeholders, such as Social Services, Floating Support Providers, and Probation etc. Consultation with tenants will be undertaken through the Tenants Forum and other tenant groups. 6.8 Complaints Where an applicant is not satisfied with the way their application has been dealt with, he/she has the right to seek redress. In the first instance an applicant must put their

complaint in writing to the Operations Manager, who will seek to investigate and resolve the complaint. If the matter still cannot be resolved to the applicant’s satisfaction it should then be referred to the Assistant Director of Housing and Environment. Once these two stages have been completed, if an applicant is still not satisfied then their complaint will be referred to a Formal Complaints Officer. Applicants also have access to their Ward Councillor, their Member of Parliament and the Local Government Ombudsman.

Appendix 1 Medical conditions which will be referred to the Medical Advisor ADHD, Autism and other learning or behavioural conditions as long as a letter from a clinic or psychiatrist can be provided. Arthritis (only applicable to lower body or back) If applicant is under hospital care Is awaiting joint replacement Is on one of the following drugs – azathioprine, methotrexate or steroids Permanently uses a walking aid Asthma If applicant uses a nebuliser Has been admitted to hospital Is taking oral steroids Asthma does not preclude the use of stairs and the type of heating is irrelevant according to British Asthma Society website Back pain Permanently uses walking aid Awaiting operative procedure at hospital Is taking pain medication and attending physiotherapy COPD/Bronchitis/Emphysema Is using 3 or more inhalers Is attending a hospital respiratory clinic Uses a nebuliser or oxygen Is taking oral steroids Cancer Applicant is undergoing chemo or radiotherapy Awaiting surgery Depression and Mental Illness If an applicant has been admitted to a psychiatric hospital or ward Evidence of current psychosis Has been referred to Mental Health team and has a current care plan Taking anti psychotic medication or is on injected depot therapy Diabetes If an applicant is on injected insulin Applicant has secondary complications - kidneys, eyes, feet Epilepsy If an applicant has uncontrolled grand mal epilepsy. Applicants will be asked about the frequency of their fits. Heart Disease On multiple medication Awaiting cardiac or bypass surgery Age 55+

Hepatitis B or C only – if applicant has evidence of diseased or failing liver or is on interferon treatment. HIV/AIDS If an applicant has a formal diagnosis of AIDS, a CD count of less than 200 and multiple symptoms. Hypertension Only if the applicant has major secondary complications. Kidney Disease If applicant is on dialysis at home or in hospital Has had transplant op and is still taking anti rejection medication Skin Complaints e.g. eczema Only if the applicant is using wrap treatments Strokes If an applicant has reduced mobility following a stroke If an applicant has recently been admitted to hospital. Any other medical conditions which have not been mentioned above will be referred to the medical assessment team, as long as the applicant can demonstrate that their health is being affected by their current housing situation.

Appendix 2 Guidance note on the award of exceptional circumstances points Family needs to be nearer to a special educational establishment or particular health centre or hospital 5 points A case where they need to be near to their close relatives who have been awarded carer’s allowance 5 points The present housing environment is wholly unacceptable for the children and they will be the subject of a care order if they are not moved to more suitable accommodation – 15 points Domestic violence where legal remedies have been taken but the resident is still at risk 20 points A member of family has been the subject of sexual assault in the area where they live 20 points Racial harassment where resident is pursuing legal action with relevant agencies* 20 Witness protection 25 points Emergency situation 30 points

Appendix 3 INFORMATION CHECKLIST

Proof of Identity

• Bank Statements (dated within 4 weeks of the claim)

• Benefit Payment Book

• Birth Certificate

• Certificate of employment in HM Forces

• Certificate of employment in the Merchant Navy

• Divorce/Annulment Papers

• Driving Licence

• Home Office Papers

• Identity Card issued by an EC/EEA member state

• Letter from Solicitor/Social Worker/Probation Officer/Inland Revenue

• Life Assurance/Insurance Policy

• Marriage Certificate

• Medical Card

• National Insurance Number Card

• Passport (current and valid)

• UK Residence Permit

• Utility bill paid in claimant’s name in the last quarter (at the current address)

Proof of Residency and Rent

• Tenancy Agreement

• Rent Book or Receipts

• Letter from landlord/agent Wage Slips from current employer

Proof of Household Composition

• Child Benefit book/Advice letter

• Wage Slips

• Proof of being a student/Government Trainee/Apprentice

• Benefit payment book/Advice letter

• Savings/Investment details

• Rent charged (if appropriate)

Proof of Income

• Benefit payment book

• Award notification letters

• Bank statements

• Pension Book/Advice slips

• Court Orders/CSA maintenance letters

Proof of Earnings

• Payslips

• Certificate of Earnings

• Letter from employer

• Benefit award letters detailing current Earnings (e.g. Working and Child Tax Credits)

• Audited accounts

• Current Books

Proof of Capital

• Bank/Building Society statements

• Letter from Bank/Building Society

• Documents showing proof of ownership

Appendix 4 GRAVESHAM HOUSING

SIGN UP CHECKLIST

Applicant name/s ……………………………………………………………… Property Accepted ……………………………………………………………… Tenancy Start Date ……………………………………………………………… Officer ……………………… Date ……………………

Information Given Yes No

Waiting list applicants – check ID and proof of address

Post Void Works/ Turn on and Test

Keys Given out (Number and type)

Sitex removal discussed

If Transfer, advise to return keys for current property by 12.00 the following Monday at the latest.

Rent card given out Run through details of rent charge and advise that regular weekly payments need to be made. Advise that first weeks rent is due in advance Advise payment methods – D/D forms. Refer to page 20 of the tenant’s handbook – contact details for the rents team and page 28 – rent arrears policy and procedure. Dealing with debt booklet given out.

Advise of running costs:- Council tax, electricity, water etc. Refer to page 3 of tenant’s handbook.

Housing Benefit/Council Tax If no one from HB is present at sign up, advise that form should be completed as soon as possible and handed in at Benefit counter otherwise arrears could be incurred. Also advise that HB need to know of any change of circumstances, and that any info that they require must be sent to them within the specified time.

Sign up pack – Tenants handbook CAB contact details Service Standard Leaflets Resident Involvement Leaflet Useful telephone numbers Open Door publication Tenancy agreement Clarify contact point (name and number of Housing Officer) Explain terms of tenancy where not carried out at viewing

Advise that they need to take out contents insurance.

Method of rent payment …………………………………………………..

Contact details

Mobile number …………………………………………………..

Work number …………………………………………………..

Other / Special

Circumstances ………………………………………………….

…………………………………………………