Part of our Allocations & Lettings Framework - Level 1 policy approval.
1. Introduction
1.1. This policy sets out Fairhive Homes Ltd stance to allocations, we will provide fair access to our rented housing, giving priority to those who need it most. For any vacant properties we will ensure we let our homes in fair, transparent and efficient way, minimising void period.
2. Policy Statement
2.1. We work closely with Local Authorities to meet local housing need. The majority of our properties are in the Buckinghamshire Council area (however, there are others elsewhere), and will be let in accordance with the Bucks Home Choice Policy and advertised using Choice Based Lettings (CBL) (where applicable) and let to people nominated by Local Authority partners. We reserve the right to decline nominations in accordance with the provisions in our nomination agreements and this policy.
2.2. Fairhive Allocations Policy will follow the ethos of the Bucks Home Choice Policy to ensure continuity of service.
2.3. We will normally look to maximise occupancy levels to make best use of housing stock, however we may consider under occupying a property where there is low demand through the use of Local Lettings Policies.
2.4. We will seek to balance the needs of potential tenants with those of our existing tenants.
2.5. We will provide existing tenants wishing to move with access to clear and relevant advice about their housing options.
2.6. We will enable mobility through facilitating mutual exchanges, encouraging registration with the Local Authority/local CBL schemes and undertaking internal management moves (in defined and limited circumstances).
2.7. We aim to achieve equality of outcomes for customers with differing needs, including through the early identification of support needs. We will instil a culture of rent payment from the very start of the tenancy by requiring payment in advance at, or before sign up stage.
2.8. We will let our empty homes in a fair, transparent and efficient way, minimising the period properties are empty and making the most effective use of our stock.
2.9. Our lettable standard details the minimum standard to which we will bring empty properties between lettings.
2.10. We aim to balance the needs of our existing and potential tenants. We provide existing tenants wishing to move with clear and relevant advice about their housing options.
3. Legal and Regulatory Framework
Our Lettings Policy takes account of:
3.1. The provisions in the HCA Regulatory Framework (April 2015). These include the requirement for Registered Providers to:
- Co-operate with Local Authorities’ strategic housing function and their duties to meet identified local housing needs; including assistance with their homelessness duties and through meeting obligations in nominations agreements.
- Offer tenancies compatible with the purpose of the accommodation; the needs of individual households; the sustainability of the community, and the efficient use of their housing stock.
- Have in place clear application, decision-making and appeals processes.
- Enable tenants to gain access to opportunities to exchange their tenancy with that of another tenant.
3.2. The provisions in the Localism Act 2011, which;
- Allowed Local Authorities greater control over who they admit to waiting lists for social housing.
- Enabled Local Authorities to more easily discharge their duties to homeless people into the private rented sector.
- Required Local Authorities to develop a tenancy strategy in partnership with local Registered Providers.
- The programme of housing benefit reforms and welfare reforms introduced by successive governments since 2010.
3.3. The published Tenancy Strategies and Allocations Schemes of our partner Local Authorities.
3.4. Part 6 of the Housing Act 1996, as amended by the Homelessness Act 2002 and Localism Act 2011.
3.5. The provisions in the Immigration Acts 2014 and 2016, which require the checking of immigration status and the ‘right to rent’ in certain circumstances.
4. Scope
4.1. The policy applies to the letting of our empty properties, both new build and re-let; across general needs and housing for older people.
4.2. Separate Local Letting Policy statements are in place for Rossiter House.
4.3. This policy does not apply to the following:
- Key Worker Properties.
- Shared Ownership properties.
- Leasehold properties.
- Owned but managed by another agency.
- Garages.
5. Local Authority Nominations
5.1. Our nomination agreements provide for 100% Local Authority nominations at first letting and 75% for all subsequent lets.The nominating partner will come through the agreed criteria for a Fairhive vacancy.
6. Rejections
6.1. The circumstances whereby we may decline a nomination are set out in the individual nomination agreement. A nomination can be refused where, but is not limited to:
- The proposed tenant has been evicted from or has abandoned a previous tenancy as a result of a tenancy breach.
- The proposed tenant has an existing debt with us, or another landlord, which is not being repaid at an acceptable rate.
- The proposed tenant has an otherwise unsatisfactory tenancy history, for example, anti-social behaviour, failure to provide access or poor property condition.
- The proposed tenant has not been able to demonstrate that they will be able to meet the weekly rent payments and other charges in particular for our affordable rented properties.
- Where a nominee has a clear support or care need that could not be met in the property for which the person has been nominated, we may ask for a sustainable support package to be put in place before a tenancy is granted. We will proactively seek to ensure that the agency responsible for providing care does so on a timely basis. However, in some cases the nominee may be refused a tenancy on these grounds.
- A risk assessment identifies that housing the proposed tenant in the property poses a serious risk to the safety and well-being of themselves, staff and/or neighbours and that risk cannot be mitigated or managed.
- The proposed tenant is a potentially dangerous offender and, following a risk assessment through an appropriate agency such as Multi-Agency Public Protection Arrangements (MAPPA), Probation, Police or Social Services; Fairhive is not satisfied that an appropriate level of support and/or monitoring can be put in place to manage or mitigate the risk.
- The property is too small for the household and will be statutorily overcrowded.
- The identity, and/or the ‘right to rent’ status of the proposed tenant and all adult occupiers are not verified at sign up.
- The proposed tenant has failed to provide the required information in support of their application and/or failed to complete the pre-tenancy training.
6.2. We reserves the right to refuse Fairhive transfers from like to like properties, except in extenuating circumstances, i.e. a move closer to family for support.
6.3. Fairhive has an agreement with the Buckinghamshire Council and Speen Parish Council, which aims to ensure the letting of properties to those with a local connection. The Buckinghamshire Council are notified of vacancies and the Council will source an applicant from the applicants put forward by Speen Parish Council.
7. Type of Tenancy
7.1. The type of tenancy issued by us will be influenced by a number of factors including:
- The purpose of the property to be occupied.
- The type of tenancy held immediately prior to the new tenancy being granted.
7.2. Lettings to the following schemes will be granted a tenancy as specified in the nomination agreement with the relevant local authority:
- Temporary Housing Schemes with partner Local Authorities.
- Key Worker properties.
- Shared Ownership properties.
- Rural Exception schemes.
7.3. The full range of tenancies granted is detailed in our Tenure Policy.
8. Persons Under 18
8.1. Applicants aged 16 and over will be eligible to register for Bucks Home Choice but we will not grant a tenancy to anyone under 18 years of age.
9. Management Moves/Direct Lets
9.1. We can exercise our right to carry out management moves through our 25% nomination rights. These are moves which enable us to make the best use of our housing stock. Management moves may include:
- Temporary or permanent decants where the existing property is uninhabitable due to fire; flood; major structural defect or other health and safety risks or to otherwise aid the management of our assets in cases of redevelopment or disposal.
- Where an adaptation is urgently needed and it is a more effective solution for the household to move to a suitable property that meets their needs.
- A move which enables us to deal with a serious or protracted tenancy management matter, for example Anti-Social Behaviour (ASB).
- A move to release an adapted property where there is demand for that type of adapted property and the current occupant(s) no longer require it.
- Where a management move is considered to be in the best interest of the tenant and/or Fairhive.
- A qualifying successor/an assignee in lieu of death who we move to more suitable accommodation.
9.2. For management moves, one reasonable offer will be made from our housing stock which meets the applicant’s needs in terms of tenure, size and floor level where relevant. A reasonable offer will also meet the applicant’s requirements in terms of location where this is relevant to the reason for moving.
10. Bedroom Criteria
10.1. In order to make best use of our available housing stock; criteria has been developed to enable us to match the right number of people to the correct property size in line with other Registered Providers.
One bedroom for each of the following:
- Adult or adult couple.
- Two children of the same sex aged under 18.
- Two children of different sexes when the eldest is aged under 10.
- Any other child
11. General Needs Bungalows
11.1. These properties have been built to accommodate older people and will be advertised for applicants over 55 years of age. However, we may consider reducing the age criteria by exception based on housing need.
12. Disabled Adapted Bungalows
12.1. Bungalows where adaptations have been carried out will be used for those with mobility issues and will not be age restricted.
13. Independent Living Schemes
13.1. Independent Living Schemes are designed for those over 55 years of age to help applicants live independent lives; subject to a suitability assessment. However, we may consider reducing the age criteria by exception based on housing need.
14. Temporary Housing Schemes
14.1. We own or manage properties used to provide temporary accommodation. Properties will be allocated as described in the nomination agreement with the relevant Local Authority.
15. Major Voids
15.1. If the works due to be carried out take longer than three months to complete; the property may be withdrawn from Bucks Home Choice and re-advertised when completed.
15.2. In the event of a major void being identified after the property has been advertised, the applicant will be given the option to wait for the property providing these works take no longer than three months to complete. Alternatively, they can opt to forego the property to enable them to continue to bid on Bucks Home Choice.
16. Withdrawing an Advert
16.1. In certain circumstances, we reserve the right to withdraw an advert or offer of accommodation. These circumstances may include but are not limited to:
- Where an error has been made in advertising information.
- When it has been established that the home requires extensive works, which may include adaptions required for a particular applicant.
- When the home has been advertised, but the existing tenant has withdrawn their notice.
- When the home has been advertised but withdrawn for a direct let for an urgent case.
17. Mutual Exchanges
17.1. We will support our tenants wishing to undertake a mutual exchange through Homeswapper in accordance with statutory guidelines.
18. Impacts
Resident/Staff Implications -
Details of the total rent and service charge payable for the property will be provided in any choice based letting advertisements or nomination requests and at the time an offer of accommodation is made.
Equality, Diversity & Inclusion -
The policy will be carried out in line with our Equality and Diversity policy, in line with the Equality Act 2010, the Bucks Home Choice Policy and other Local Authorities we work with to meet housing need.
Value for Money -
The policy will be carried out in line with our Equality and Diversity policy, in line with the Equality Act 2010, the Bucks Home Choice Policy and other Local Authorities we work with to meet housing need.
Data Protection -
All due care is taken to protect data held by us and in particular, we ensure we keep all resident data secure and meet with data protection requirements.
Accountability -
We are committed to operating in a way that is transparent and fair. We will review any allocation decision that an applicant or tenant believes in unreasonable or unfair. Any such appeal will be assessed by one of our Senior Managers.
We will not hold any property vacant pending the outcome of an appeal.
Quality -
We look to ensure that our residents are safe in their homes by supporting the prevision of well-maintained homes which are in line with legislative and regulatory requirements.
When things go wrong -
Residents can communicate concerns through our formal channels.
Related legislation and other documents:
Tenure Policy
Tenant Sustainment Policy
Tenancy Management Policy
Rent Policy
Service Charge Policy
Equality and Diversity Policy
Responsive Repairs & Voids Policy
Aids & Adaptations Policy
Individual Nominations Agreements
Bucks Home Choice Policy
Moving with Dacorum Policy
Lettable Standard
Author | Lisa Mortimer |
Job title | Allocations & Lettings Manager |
Date approved | March 2023 |
Review due date | March 2026 |