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Lettings Policy
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Principles
Tung Sing Housing Association's (TSHA) aim is
to provide accommodation to rent and culturally sensitive services
for those in most need of housing and who do not have any alternative
solutions to their current housing requirements. Anyone can apply
for housing and all are treated equally regardless of their gender,
sexuality, marital status, colour, ethnic or national origin, religious
or political view, age, disabilities or HIV/AIDS status. We provide
housing for a wide range of groups including the elderly, single
people, couples and families. Whilst the Association was originally
established to meet the housing needs of the Chinese community,
it now houses people from a wide range of ethnic backgrounds, including
white British. The Association has committed itself to continuing
to meet the needs of the Chinese community.
Tung Sing reserves the right to change or amend
the policy after review, subject to the approval of the Board, and
to reassess the status and priority of applicants in accordance
with policy revisions.
Choice
Choice is the cornerstone of our approach to meeting
individual's housing needs. As a small, specialist BME housing provider,
the amount of choice we can offer is limited by our housing stock
but we endeavour to provide the maximum amount of choice within
these limitations. All applicants are informed of the various schemes
available and their locations. Applicants are able to select three
schemes or locations or a mix of both. The Association operates
waiting lists for each scheme and location, and we provide details
to applicants of the threshold for each. This allows applicants
to consider which schemes/locations would be most suitable to them
and which ones they can realistically obtain.
We provide potential applicants with as much information
regarding their likelihood of housing as possible. This helps to
manage their expectations and also enables them to consider the
various choices available to them.
Implementation
Assessment of an Application and Housing Need
Applications for housing must be made on the Tung
Sing Application Form, as it is the information provided on this
form that is used to assess housing need. This form is available
to download from the website at www.tungsing.co.uk or by telephoning
the office. Some basic information is provided with the issuing
of the form to limit the number of applications from potential applicants
who do not meet our basic criteria of being in housing need, for
instance individuals with sufficient income to meet their housing
needs through private means.
Applications for shared ownership housing will
be dealt with in the policy on Shared Ownership.
The
Points System
The points system has been designed to bring fairness
and consistency to the allocations process, and as far as possible
to eliminate discrimination and subjectivity.
Applicants are allocated points for a number of
factors concerning their current housing need. Where couples live
apart and it is accepted that they should live together, for instance
because of the needs of children, as well as the specific points
allocation for this factor, the points score will be based on the
worse of the two housing situations.
The full list of factors and points are listed
in Appendix 1. The principle of the points system is that the applicant
with the highest number of points for a given scheme is offered
the next available property there. Wherever the person who does
not have the highest number of points on a list is made an offer,
the Housing Officer must explain why at authorisation stage (e.g.
property refused by person at top of list, the property is let under
a local lettings policy).
Offers may be made outside of the points system
in cases of difficult-to-let properties or in the interests of creating
or maintaining balanced communities with the permission of the Head
of Operations.
Thresholds
So that applicants do not have to wait for years
on the waiting list without receiving an offer, points thresholds
may be set for certain schemes where there is very high demand and
very low turnover. The need for thresholds will be assessed by the
Head of Operations every six months.
Where a threshold is set, applicants who do not
meet the minimum points threshold for that scheme are not accepted
onto the waiting list for two years. They are able to reapply once
their circumstances change. When applying, applicants will be given
general information regarding any thresholds that apply, so that
they are provided with the maximum amount of choice based on their
circumstances. Applicants who are already on the list but who fall
below the threshold if it is introduced can also be suspended. All
such applicants are written to and a full explanation given. Appeals
can be made through the Association's complaints procedure, a copy
of which is sent to all applicants.
Points Factors
For detailed information on how the points scheme
operates to assess priority-housing need, see Appendix 1. The factors
that are used to assess need are:
- Security of Tenure
- Household Amenities
- Overcrowding
- Condition of Current Property
- Environmental and Social Stress
- Families living above Ground Floor
- Health and Medical Condition
- Elderly Applicants
- Under Occupation
- Location of Existing Home
- Special Circumstances Award
Referencing
and Application Verification
In order to verify a household's circumstances
certain evidence may be required, and the burden of responsibility
for providing this rests with the applicant. Tung Sing will provide
application guidance that give examples of the type of evidence
required to back up each set of circumstances.
All offers of accommodation will be subject to
the provision of two suitable references. If the applicant holds
a current tenancy, one of these should be from the current landlord.
If no current tenancy is held, but a tenancy has been held within
the last five years a reference should be sought from a former landlord.
Applicants will be provided with guidance about
who is an appropriate referee and applicants must sign their consent
to allow Tung Sing to contact relevant agencies in referencing their
application, and where necessary share details about their application
with them.
See appendix 2 "Suitable Reference Guidelines"
for further details.
Before they will be accepted onto the housing
waiting list applicants wishing to be a tenant must also provide:
- National Insurance number
- Photographic proof of identity
- Proof of housing need (if applicable). All
applicants will be provided with guidance about what is considered
appropriate proof of housing need.
Suspension of Applications
The Association's lettings policy aims to achieve
fair, open and non-discriminatory lettings. We also recognise that
in order to build balanced and sustainable communities regard must
be taken of the issues that may exist in particular communities
and the ability of future tenants to conduct their tenancy in a
responsible manner.
Tung Sing will suspend access to the waiting list
from certain applicants who either do not currently have a legal
right to an assured periodic tenancy or where they or a household
member have a history of behaviour that would suggest they might
not conduct a tenancy in a responsible manner. For full details
about the circumstances when applications may be suspended see appendix
3 "Waiting List Approval and Suspensions Criteria Guidance
Notes".
Housing and Support Needs
Where an applicant for housing has support needs
(e.g. learning disabilities, young person leaving care), they will
not be made an offer of accommodation unless the Association is
satisfied that there is adequate support in place to enable them
to potentially conduct a satisfactory tenancy. This will be established
by discussing the case with the support provider (e.g. Social Services,
Health Authority, Tenancy Support) and obtaining written confirmation
from them as to the nature and extent of the support that will be
provided.
Any offer made will be done with the applicant's
support needs in mind and their possible vulnerability (e.g. an
older person with mental health problems would not be given a tenancy
in a scheme which predominantly has young single tenants). No offer
will be made without the authority of the Head of Operations. The
Association reserves the right to refuse to register an application
if the level of support required would seriously undermine the Association's
ability to support other residents in the scheme. This decision
should be reviewed on request from the applicant if there is a change
in support requirement/provision.
Rehousing
Under 18's
The Association will rehouse an under 18 year
old applicant if the person is 16 or over; the tenancy is a contract
of necessity; the Housing Officer is satisfied that the person is
able to fully comprehend the contract they are entering into and
have the appropriate level of support to enable them to live independently;
and there is a guarantor in place
Persons under 16 can have tenancies assigned to
them/ succeed to a tenancy. In these circumstances a suitable guardian/representative
must hold the tenancy on behalf of the individual until they are
16.
For further information see "Rehousing of
Under 18's Guidance Notes
Serious Offenders Applying for Accommodation
All applicants will be asked whether or not the
persons apply or anyone intending to move with them has ever been
charged with, or convicted of, committing a serious offence that
has not yet been 'spent'.
Applicants who are being considered for an offer
of accommodation may be asked to provide proof of their criminal
record as a precondition of being made such an offer. This can be
obtained in writing from the police central records office at the
direct request of the individual concerned (not the Association),
at a cost of £10. Where this is requested and in turn provided
by the applicant, the Association will refund the applicant the
cost of obtaining the document.
Eligibility should only be in question if there
is reason to suppose that the ex-offender is likely to pose a risk
to their household, neighbours and/or the wider community. This
applies where there is a previous criminal record and where the
offences may result in further criminal behaviour or potentially
destabilise the community (e.g. aggravated burglary, drugs offences).
In helping to determine this Tung Sing will always request a reference
and a risk assessment to be carried out by any support agency, e.g.
probation service - see "Waiting List Approval and Suspensions
Criteria Guidance Notes" for more details.
The Association has signed up to the Greater Manchester
Probation Service Liaison Protocol. This enables the allocation
of appropriate housing especially in terms of the type and location
of the property. The protocol procedure will be applied to all applicants
who have offended who are requiring housing in this area.
Antisocial Behaviour (ASB)
In line with our commitment to maintaining sustainable,
integrated communities, applicants who have a proven track record
of ASB will not be considered for housing, until they show they
have modified their behaviour.
This policy will be carefully administered, by
requesting detailed references from previous landlords in relation
to ASB. If an ongoing history of ASB is discovered, then the Head
of Operations will make a decision as to the possible risks in accepting
the application and inform the applicant accordingly. See "Waiting
List Approval and Suspensions Criteria Guidance Notes" for
more detail.
Informing
the Applicant
Once any relevant information has been collected,
a decision will be made by the Housing Officer as to whether an
applicant is accepted onto the Association's waiting list. If a
decision is made to suspend an applicant from the waiting list they
will be advised of the decision in writing, the reasons for the
decision, the length of the suspension period and how the can rectify
the situation. If the tenant wishes to appeal against the decision
to suspend, they should appeal via the Association's complaints
procedure. The onus will be on the applicant to reapply to Tung
Sing and demonstrate that they are now eligible for accommodation.
The Association's policy concerning transfer applicants
who are in rent arrears is detailed under Transfers.
The Waiting List
The Association operates an open waiting list,
which means that anyone in housing need can apply.
Responsibility of Applicants
Applicants are responsible for informing the Association
of a change in their circumstances as this could lead to an increase/decrease
in the points awarded. Applicants may contact the Association to
inquire about their application; however any applicant who is abusive
or threatening may be suspended from the waiting list for a period
of up to two years at the discretion of the Head of Operations.
Review
of Waiting List
The full waiting list will be reviewed every 12
months. All applicants will be contacted and asked if they wish
to remain on the waiting list and to inform the Association of any
changed circumstances. Non-responses will be followed up and applicants
given a 2nd opportunity to respond. Any applicant who has not replied
will be automatically taken off the waiting list, unless there are
valid circumstances.
Any applicant who fails to attend an appointment
with the Association or who does not respond to an offer will be
taken off the waiting list, unless there are valid circumstances.
Local Authority Nominations
Housing Associations have a duty to co-operate
(as is reasonable in the circumstances) with Local Authorities in
offering accommodation to people with priority on the authority's
register (or waiting list) and in assisting the local authority
to discharge its housing functions, particularly to the homeless.
These duties are set out in The Housing Act 1996 as amended by The
Homelessness Act 2002.
The Association has nominations agreements in
the local authority areas in which it operates and is therefore
committed to offering 50% of its vacancies to local authority nominations
(with the exception of certain schemes where nomination rights have
by mutual agreement been waived). The Association subscribes to
moveUK and accepts referrals from other social landlords through
this scheme.
Transfers
The Association views transfers as an effective
way of providing for tenants' changing housing needs and optimising
the use of available housing stock. Transfer applicants will be
prioritised in accordance with their housing need in the same way
as other waiting list applicants.
However, transfers will not be considered where:
- There is no housing need;
- The tenant has rent arrears (except in emergencies);
- The tenant owes the Association any other money,
such as recharges, Court costs etc;
- The tenant's existing property is in a poor
state of decoration or cleanliness;
- The tenant has a history of antisocial behaviour
and a transfer could therefore be detrimental to another community.
Where there are extreme circumstances, such as
domestic violence, harassment, severe medical needs, the above restrictions
may be lifted at the discretion of the Head of Operations. Exceptions
may be made in the case of difficult-to-let properties or in the
interests of creating balanced communities.
Where there is a relationship breakdown between
two joint tenants, the Association will endeavour to take a sympathetic
view, particularly where there are children involved. It may not
always be possible however to satisfactorily accommodate both partners.
Where an existing tenant wishes to remain in their
existing home but requires adaptations or additional support to
make this possible, the Association will assist the tenant as far
as possible in obtaining the necessary requirements.
Before an offer is made to a transfer applicant,
an inspection of their property will be made by the Housing Officer
and/or Property Services Officer and an assessment made as to the
current standard of decoration, cleanliness and any tenant damage.
The tenant will be advised in writing by the Housing Officer if
there are any improvements that must be made before an offer can
be made and a timescale for these improvements agreed. The property
must be 'signed off' by the Housing Officer or Property Services
Officer before an offer is made.
Mutual
Exchanges
Any tenant of the Association who wishes to exchange
their property with that of another tenant has the right to do so,
on condition that:
- The person they wish to exchange with is another
tenant of TSHA, of another social landlord, local authority or
new town. There is no right to exchange with private tenants;
- Neither tenant has rent arrears;
- Neither tenant owes their landlord any other
money, such as recharges, Court costs etc;
- The tenants moving in would not be overcrowding
or under-occupying the property;
- Specially designed accommodation (such as elderly/disabled-adapted)
will be used by people who need it;
- Neither tenant's existing property is in a
poor state of decoration or cleanliness;
- There are no management reasons (e.g. tenant
has caused nuisance or broken tenancy agreement in another way)
for refusing the exchange.
Mutual exchanges are carried out by deed of assignment.
No tenant may go ahead with a mutual exchange without the written
permission of the Association. Any tenant who does so may be required
to move back to their previous home and recharged for any costs
incurred by the Association.
Letting a Property
Local Lettings Policies
As part of good practice and to ensure that its
schemes retain stable and balanced communities, the Association
operates local lettings policies for certain areas or schemes. This
means that as part of an overall strategy, homes need not be allocated
solely on the basis of housing need. All local lettings polices
must be approved by the Board and by the relevant local authority.
The Association operates local policies at its
City Centre Sheltered Housing Schemes, and the schemes at Morborne
Close and Kent Close.
Appropriate Accommodation
Applications will usually only be accepted if
the accommodation requested is of an appropriate size and type for
the applicant's housing needs, and if they require any special features
provided with the accommodation.
Applicants with children under the age of 16 will
normally only be considered for houses or flats with ground floor
access. Applicants with children under the age of 10 will not be
considered for flats above accommodation designated for the elderly.
Exceptions may be made in the case of difficult-to-let properties.
Where applications are made by individuals in any form of civil
relationship, a joint tenancy will be issued when they are allocated
a property.
In cases where applications are received from
Board Members, current or former employees and their relatives,
the requirements of Schedule 1 of the Housing Act 1996 will apply
and the Association's policy on Schedule 1 will be adhered to. The
application form requires that any such interest in the Association
is declared.
Rehousing Asylum Seekers
The Association will consider nominations from
Local Authorities for rehousing asylum seekers who have received
a positive status determination by the Home Office under the Immigration
and Asylum Act 1999.
The Association will work closely with local authorities
and other agencies to establish the suitability of an area for the
rehousing of asylum seekers. The make up of current tenants, management
issues, social factors and the availability of amenities, facilities
and community support will be considered.
The process outlined under Housing and Support
Needs will be followed to determine individual support needs and
the suitability of the accommodation and location to ensure that
the applicant would be able to sustain a tenancy.
Rehousing of applicants from A8 Countries
As of 1st May 2004, an additional 10 countries
acceded to the European Union: Cyprus, Malta, Poland, Lithuania,
Estonia, Latvia, Slovenia, Slovakia, Hungary and the Czech Republic
(these are known as the A8 Countries).
Nationals of the A8 countries will be eligible
for social housing/homelessness assistance if they secure employment
and comply with the Home Office's Workers Registration Scheme (or
if they become genuinely self-employed). Nationals from Malta and
Cyprus will be eligible for social housing if they secure employment
(with no need to register) or become genuinely self-employed.
Certain categories of EEA (European Economic Area)
applicant are eligible for housing on an 'unconditional' basis.
This includes:
- workers;
- self-employed;
- providers and recipient of services;
- retired from being employed, or self-employed,
in the UK.
Applicants who are legally employed can be expected
to provide documentary evidence which shows that they:
- are registered with the Home Office;
- are here on a work permit or other authorised
scheme, or
- have been working continuously for 12 months.
Further guidance on dealing with applicants from
A8 countries is also contained in the 'European Union accession:
eligibility for housing associations and homelessness' guidance
notes.
Starter tenancies (ASTs)
In order to minimise the opportunity for antisocial
behaviour during the first year of general needs tenancies and to
send a clear message to potential perpetrators of such behaviour,
starter tenancies, otherwise known as Assured Shorthold Tenancies
(ASTs) will be used for all general needs properties where the law
permits.
At the end of the AST period (usually 12 months)
the Housing Officer will decide whether to extend the AST for a
further period or whether to give the tenant a full Assured Tenancy.
This will be done in accordance with the Association's policy on
starter tenancies.
Local
Conditions and Property Type
All applicants will be appropriately matched,
where possible, to a specific area and property type. Applicants
are given a choice of three areas or specific schemes on their application.
This means that a judgement is made by the Housing Officer as to
the suitability of each applicant for every property.
Consideration is therefore given as to whether
an applicant would integrate successfully into a particular community.
A judgement will therefore be made in terms of age, lifestyle and
cultural differences.
Number of Offers
No more than 2 offers will be made on schemes
for which the applicant is registered unless exceptional circumstances
apply. Such further offers will be made at the discretion of the
Head of Operations only. After two refusals, the reasons given for
refusing the properties will be discussed with the applicant and
their application preferences may be amended as a result. Depending
on the circumstances for refusal, the Association reserves the right
to remove the applicant from the waiting list.
Targets
TSHA is a BME social landlord and as such has
established an annual target of 65% of its lettings going to members
of the BME community. This target is closely monitored by the Executive
and Board through the quarterly performance indicator system. To
ensure that this target is achieved, the Association maintains some
control over its lettings through localised lettings policy described
above.
Based on recent experience, the Association will
set the following targets and monitor against these:
- Nominations - 50%;
- TSHA Waiting List - 45%;
- Transfers and other mobility schemes - 5%
- Of the above lets, 10% will be from homeless
households.
Appeals
All applicants have the right to appeal if they
disagree with any decision made during the lettings process.
In all cases appeals should be made in accordance
with the Association's complaints procedure, a copy of which is
sent to all applicants. The appeal should be heard at stage 2 of
the procedure.
Review Date: February 2008
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