Buckinghamshire Council Housing Allocations Scheme

Where more than one applicant bids on a property, they will be placed on a shortlist. Any applicant who bids on a property where they do not satisfy the advertised criteria will not be included on the shortlist. The reasons for this could include, but not be exclusive to, the following:

a) The applicant’s household size does not meet the Bedroom Standard.

b) The applicant does not satisfy the age limit or mobility level as advertised.

c) Has failed to meet any other advertising criteria.

The details of how applicants are awarded a Priority Band are given in Appendix 1.

For each property the applicants’ bids will be ranked in the following order:

a) Local Connection

b) Priority Band (Band A applicants will have a higher priority than Band B, and so on

c) Date of priority Banding

d) Date of Registration

If the applicant with the highest priority on a shortlist refuses the offer, the property will then be offered to the next applicant on the shortlist. Age limited restrictions will be clearly indicated in the advert, if the applicant does not meet the specified restrictions, any bid placed on such a property will not be considered.

It should also be noted that: -

a) If an applicant bids for a property and has rent arrears, then the bid will not be accepted and the application will be placed into a band E until the arrears have been cleared (see section 2.3.5). Once the arrears are cleared the application will be re-assessed and a banding awarded. The banding date will take affect from the date of the re-banding.

b) Some advertised properties may be subject to a Local Lettings Policy (see section 6.2)

c) The prioritisation of short-listed applicants will be based on the priority banding of each applicant as it stood at the point when the advert cycle closed.

d) The prioritisation and allocation process will take account of any additional criteria set down by the landlord for the occupation of the property. 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.

The Council does not own any housing stock and will make nominations to the Registered Provider who is advertising the vacancy. On some occasions nominations may be refused by the Registered Provider as they will have their own Allocations Policy which may differ from Bucks Home Choice.

In most cases the Registered Providers will undertake a financial assessment of your finances to ensure that you can afford the property before making you an offer of affordable accommodation.

Section 166A (6) of the 1996 Act enables housing authorities to allocate particular accommodation to people of a particular description, whether or not they fall within the Reasonable Preference categories.

Local Lettings Policies may be used to achieve a wide variety of housing management and other housing policy objectives. So for example, Local Lettings Policies may be used to lower the proportion of older children/young adults on an estate to reduce the incidences of anti-social behaviour; or to deal with concentrations of deprivation by setting aside a proportion of vacancies for applicants who are in employment.

Local Lettings Schemes (LLS) will be designated by Registered Provider’s following detailed consultation with the Council and an assessment on the impact of a LLS. Once agreed these schemes will have their own allocation criteria. LLS will be put in place for a specific area or estate and will be set up in response to particular local circumstances.

The aim of LLS is to work towards more balance within local communities to result in outcomes that reflect the wider community and address issues such as child density and the proportion of households in employment in one area or estate.

Working towards more balanced communities may mean a housing mix of:

• Different household types/client groups
• Households of different ages and/or with children of different ages
• People who are in paid employment and those who are not in paid employment
• Families which have one child and those that have two children.

The precise approach to be adopted will reflect the particular problems/issues of an area, estate or development of new build properties.

From time to time a member of the Council may adopt a Local Lettings Policy that will apply to a proportion of the properties that it advertises. All such local lettings policies will be published on the Bucks Home Choice website and will be available by request. The Local Lettings Policy will state clearly the justification for its adoption and operation.

In some cases, a housing scheme may be subject to planning conditions that restrict who is permitted to occupy the accommodation (e.g. a rural housing scheme where occupancy is limited to people with a local connection).

When a property is subject to a Local Lettings Policy or planning conditions, the advertisement will state the restrictions and which applicants are permitted to bid.

In certain circumstances the Council reserves the right not to advertise a property and allocate it directly to an applicant, or to allocate a property that has been advertised directly to an applicant.

The following are examples of circumstances where a direct allocation may be made.

a) Where a person has been assessed as needing an urgent move as a result of violence or threats of violence or through the National Witness Protection Service.

b) Where a sensitive letting has to be made, for example for a vulnerable person, or a sex or violent offender and is subject to MAPPA (Multi-Agency Public Protection Arrangement) or to deal with a severe housing management problem, where the Council considers that a direct allocation is more appropriate than requiring or allowing the applicant to bid on a property.

c) Where the applicant is a homeless person and the Council has accepted a full Housing Duty under Section 193 of Part 7 (Homelessness) of the Housing Act 1996 and the applicant has failed to regularly participate in bidding for properties which the Council in question considers suitable. This means that applicants should bid for the maximum permitted (and available) properties regardless of the property type (for example flats/houses).

d) Where an applicant demonstrated an urgent need to move due to serious imminent personal risk or severe harassment.

e) Where the applicant is a homeless person where the Council has accepted a full housing duty under Section 193 of Part 7 (Homelessness) of the Housing Act 1996 and the applicant is:

• in temporary accommodation,
• has bid on a property or properties,
• has not been successful, and
• there is a strategic need to move that applicant from the temporary accommodation to make way for another homeless applicant.

f) Where a property is identified as having suitable adaptations a Direct Allocation may be made.

In c) and e) above, if the applicant is in accommodation secured under Section 193 of the Housing Act 1996 and the applicant refuses a suitable offer of accommodation then the Council that is securing the accommodation under Section 193 will discharge its duty and will take possession proceedings to bring an end to the accommodation.

When making a direct allocation, the preferences of the applicant will be taken into account as far as possible.

Where a Bucks Home Choice applicant has also made an application for assistance to the Council under Part 7 (Homelessness) of the Housing Act 1996 then the priority awarded to the applicant will be based solely on the status of their homelessness application in accordance with the relevant category set down in the Priority Bands in Appendix 1.

In these cases, the assessment of the priority band will not consider any factors set down in the other Reasonable Preference categories. Any issues relating to the suitability of the applicant’s temporary accommodation will be addressed by the Council in accordance with the requirements of Part 7 of the housing Act 1996 and the associated guidance.

Further details of specific arrangements for applicants who have also submitted an application for homelessness assistance are set down below.

Where a Bucks Home Choice applicant:

• has also made an application for assistance to the Council under Part 7 (Homelessness) of the Housing Act 1996 and
• has been deemed to be eligible for the duty under Section 193 of the Housing Act 1996 (Duty to persons with priority need who are not homeless intentionally),

then the applicant will be placed in Priority Band D in order to give the applicant a reasonable opportunity of securing suitable long term settled accommodation.

If the Council ceases to be subject to a duty under Section 193 of the Housing Act 1996 then this will be deemed to be a change of circumstances and the applicant’s qualification and priority under Bucks Home Choice application will be re-assessed accordingly.

If the reassessment finds that:

(a) the applicant continues to qualify for Bucks Home Choice (see Section 2.3) and

(b) the duty under Section 193 of the Housing Act 1996 ceased because the applicant:

(i) refused a suitable offer of accommodation that was offered in performance of the Section 193 duty,

(ii) voluntarily ceased to occupy accommodation that was offered in performance of the Section 193 duty,

(iii) has become homeless intentionally from accommodation that was offered in performance of the Section 193 duty,

(iv)has refused a suitable final offer of accommodation made under Part 6 of the Housing Act 1996, or

(v) has refused a suitable private rented sector offer,

then the Bucks Home Choice application will be re-banded and placed in Priority Band E unless the applicant has suitable accommodation in which case they will cease to qualify.

The above approach aims to assist homeless applicants by giving them reasonable priority for re-housing while also recognising the scarcity of accommodation and the need for such applicants to make full use of the assistance provided under Section 193 of the Housing Act 1996. This assistance is not available to other applicants on Bucks Home Choice and, therefore, it is expected that a homeless applicant will accept all assistance offered through the Section 193 duty in order to secure accommodation.

If an applicant fails to make use of this assistance and the duty under Section 193 ceases, then the Bucks Home Choice scheme considers that it is unfair to continue to give the applicant a high priority banding (i.e. Band D) compared to the other applicants on the scheme. Therefore, the Bucks Home Choice application will be re-banded to the lowest Priority Band, Band E.

If a homeless household has not been bidding on a regular basis the Bucks Home Choice Partners reserve the right to make bids on applicant’s behalf or make a direct offer of accommodation.

Before any offer of accommodation is made, the Council will contact the successful applicant to verify all relevant information on their housing application. Unannounced home visits will, where appropriate, be carried out to verify applications. Applicants will be expected to provide the required documentary proof to confirm the statements on their housing application.

The purpose of this verification is to check that the details provided by the applicant are correct, and in particular to confirm that the applicant is:

• Eligible and qualify for housing under the Bucks Home Choice Allocation Policy, and
• Suitable for the size and type of property concerned (see Appendix 2), and
• Has been placed in the correct Priority Band, based on his or her circumstances (see Appendix 1).

If an applicant does not provide the necessary information or if the verification shows that the housing application is not correct the application will be suspended and a re-assessment will be made reflecting the current circumstances. This includes where the applicants rent account is not up to date and it does not meet an exception category, the offer will be withdrawn (see Paragraph 2.3.5). The next person on the shortlist will be contacted with a view to making an offer.

If the Council is unable to contact the applicant and verify circumstances within the next working day following a home visit the applicant will not be nominated for the property.

If an applicant is shortlisted for a property, then the Registered Provider will contact the applicant to set down the timescales for a viewing of the property concerned and for the acceptance of any offer that is subsequently made. It is the responsibility of the applicant to attend the viewing at the stated time and to respond to the timescales set down by the Registered Provider. In the event of the applicant failing to do so, the Registered Provider will have the option to withdraw the offer of the tenancy.

In the event of the Registered Provider refusing a nomination the Council will require clear written reasons for the refusal. If the Council considers the reason for refusal as being incorrect, unjust or subjective then the Council will submit a written request to the Registered Provider to review their decision.

In very exceptional circumstances, the Registered Provider may withdraw an advert / offer of accommodation, these circumstances may include but not be limited to: -

• Where an error has been made in the advertising criteria.
• When it has been established that the property needs extensive works.
• When the property has been advertised, but the existing tenant has withdrawn their notice.
• When the property has been advertised but withdrawn for a direct let for an urgent case.
• When the nominee does not qualify under their Allocation Policy

An applicant will be suspended from bidding on a temporary basis when:

• They are placed under offer for a property the application will be suspended until the applicant decides if they will take the property or not.
• They have accepted a property as it will be considered their housing requirements have been met. Once the property has been let to the applicant the application will be removed from Bucks Home Choice
• They have refused three offers of accommodation that they have bid on and which the Council considered suitable for the applicant’s needs. The application will be suspended for 6 months and the applicant will be advised in writing of this decision. During this period an applicant will not be permitted to bid on any advertised properties.