Lettings Policy
New Lettings Policy FULL, item 6.1 PDF 1 MB - Tower Hamlets ...
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The Common HousingRegister PartnershipPartner landlords<strong>Lettings</strong><strong>Policy</strong>
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>IndexParagraphnumberPage1-8 Introduction ............................................................................................................................................................ 19 Equalities statement ........................................................................................................................................ 2Part 1 – <strong>Lettings</strong> <strong>Policy</strong> Summary ...................................................................................... 210-13 How priority for housing is decided ........................................................................................................ 214 How do you decide which band my application will be in?........................................................ 415 I am on the Housing List.What happens next? .................................................................................. 416 What is choice based lettings ? .................................................................................................................. 419 How do you decide between bids? ........................................................................................................ 421 Why are targets set each year? .................................................................................................................. 522-24 How are targets decided? ............................................................................................................................ 525 Local lettings plans ............................................................................................................................................ 526 Choice based lettings team and targets .............................................................................................. 5Part II – <strong>Lettings</strong> <strong>Policy</strong> in detailMaking an application to the housing list .......................................................................................... 727-29 How do I join the housing list? .................................................................................................................. 730 What happens if you decide I am not eligible to be on the housing list? ........................ 731 How do you decide who is unsuitable to be a tenant? ................................................................ 732 Unacceptable behaviour ................................................................................................................................ 733 Behaviour serious enough to have justified a possession order ............................................ 834 If still considered as unsuitable when the application is made? ............................................ 835 What happens when I make an application to go on the Housing List? ............................ 836-37 Obligation to be truthful ................................................................................................................................ 838 When someone else at your address wants to join the list ...................................................... 839 Joint tenants who want to be re-housed separately .................................................................... 840-42 Proof required ...................................................................................................................................................... 943-45 Who can be on my application? ................................................................................................................ 946-49 What happens if I owe rent? .................................................................................................................... 1050-51 When your application is accepted ...................................................................................................... 10Homeless People53 Whether you are eligible for assistance? .......................................................................................... 1054 Whether you are homeless or threatened with homelessness? ........................................ 1055 Whether you are in priority need for accommodation? ............................................................ 10i
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>56 Whether you are intentionally homeless ? ...................................................................................... 1156-57 Whether you have a local connection with Tower hamlets? .................................................. 1158 What do I do if I think I am Homeless? .............................................................................................. 1159-64 What happens to my application if I am accepted as homeless? ...................................... 1165-67 What happens if I am declared intentionally homeless? .......................................................... 12Choice Based <strong>Lettings</strong>: The Four StepsStep One – Advertising Homes68-70 How will I know about homes to be let? .......................................................................................... 1371 All available homes will be advertised except: .............................................................................. 1372 Advertising and targets ................................................................................................................................ 1373 Local <strong>Lettings</strong> Schemes .............................................................................................................................. 1374-76 How these schemes would work .......................................................................................................... 13Step Two – Applying for advertised homes77 Auto Bidding ...................................................................................................................................................... 1478 What size home can I apply for? ............................................................................................................ 1479-82 Can I apply for a smaller home than I need? .................................................................................. 15Step Three – Short listing83-84 Shortlisting .......................................................................................................................................................... 1585 Short listing Priority Order .......................................................................................................................... 15Step Four – Making offers of a home86-89 Making offers of a home .............................................................................................................................. 1590-91 Direct Offer <strong>Policy</strong> .......................................................................................................................................... 1692-93 How will I know if I will be offered a home that I have applied for ? ................................ 1694-99 What happens if I don’t accept an offer of a home or not turn up to view it ? .......... 16100-104 Information about homes that have been let .................................................................................. 17Other Re-Housing Opportunities105-106 Other re-housing opportunities .............................................................................................................. 18107-111 Re-housing opportunities in detail ........................................................................................................ 18112-120 Mutual Exchange Scheme ........................................................................................................................ 19121-123 Chain <strong>Lettings</strong> .................................................................................................................................................... 20124-125 Seaside & Country Homes Scheme ...................................................................................................... 21Priority on Health Grounds126-127 Priority on health grounds .......................................................................................................................... 22128-133 How is it decided if I should have additional priority on health grounds ........................ 22134-138 Priority Medical Award .................................................................................................................................. 22139-140 Emergency Medical Award ........................................................................................................................ 23ii
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Other Recommendations that can be made on health grounds141-143 Other recommendations that can be made on health grounds .......................................... 23144 How does a Health Advisor recommend what is needed? .................................................... 24144-145 Use of a garden ................................................................................................................................................ 24146 Extra space .......................................................................................................................................................... 24147-149 Ground floor on health / disability grounds ...................................................................................... 24150 Environment ........................................................................................................................................................ 25151 Care and Support ............................................................................................................................................ 25Homes that may be offered first to certain groups of applicants152 Designated Accommodation .................................................................................................................... 25153 Homes designated as wheelchair accessible category A or B ............................................ 25154 Homes with access to gardens or play areas, on the ground floor .................................. 25155 Homes provided by RSL’s with a specialist remit ........................................................................ 26Discretionary Additional Priority156-163 I have an urgent or unusual reason for wanting to move ........................................................ 26164-173 If I want to be considered for additional priority, what should I do? ................................ 27174-178 If you fear violence .......................................................................................................................................... 28179-182 The Housing Management Panel .......................................................................................................... 28183 What additional priority may be awarded to my application? .............................................. 28184-190 Additional priority social need award .................................................................................................. 28191-197 Emergency priority award .......................................................................................................................... 29198-203 When you need re-housing because of the condition of your home .............................. 30204-205 What if I disagree with the Panel’s decision? ................................................................................ 31206 How long before I am housed if I am awarded additional priority? .................................. 31Priority Target Groups207-213 Priority target groups .................................................................................................................................... 31214 Care Leavers ...................................................................................................................................................... 32215-216 City and Tower Hamlets Zone(CATHZO) ............................................................................................ 32217-218 Intensive Living and Community Care and Support (ILCCS) .................................................. 32219 Foster Carers ...................................................................................................................................................... 32220-222 Living in a decant block with a Council or CHR partner landlord tenant ........................ 33223-224 Sons & Daughters of tenants of CHR partner landlords .......................................................... 33225-229 Key Workers ........................................................................................................................................................ 33230 Retiring from tied accommodation ...................................................................................................... 34231 Supported Housing Move On .................................................................................................................. 34232 Homeless and in priority need due to vulnerability .................................................................... 34Decants233 What happens if a decision is made to refurbish,redevelop or demolish my home and I have to move ? ............................................................ 34234 What happens if my home has to be decanted? .......................................................................... 34iii
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>235-238 Will I be offered new homes being built? ........................................................................................ 34239 What happens if I have an “option to return”? .............................................................................. 35240-241 Do I have to move to new homes built to replace my demolished home? .................. 35242-244 What happens if I don’t apply for a new home before the clearance date? .................. 36245-247 If my home is being decanted how many homes can I apply for? .................................... 36248-253 What size home can I apply for ? .......................................................................................................... 36254-258 Will I get help with the cost of moving ? .......................................................................................... 37259-265 What happens to other people who won’t be moving with me? ........................................ 37266-270 I own a home that is included in a decant scheme.Will I be rehoused? ........................ 38Appendix 1 – How decisions are made to place you in a BandBand 1271-274 Group A ................................................................................................................................................................ 39271 Emergencies ...................................................................................................................................................... 39272 Decants .................................................................................................................................................................. 39273 Ground floor priority ...................................................................................................................................... 39274 Under occupiers or downsizing .............................................................................................................. 39275-278 Group B ................................................................................................................................................................ 39275 Medical Award .................................................................................................................................................. 39276 Priority Social Award ...................................................................................................................................... 39277 Priority Target Groups .................................................................................................................................... 39278 Priority Target Group – single homeless and in priority need ................................................ 39Band 2 .................................................................................................................................................................... 39279 Homeless applicants with children and in priority need .......................................................... 39280 Overcrowded applicants ............................................................................................................................ 39281 Band 3 .................................................................................................................................................................... 40281 Applicants who are not overcrowded .................................................................................................. 40Band 4 .................................................................................................................................................................... 40282-283 RSL and local authority tenants whose landlord is not a member of theCommon Housing Register ...................................................................................................................... 40284 Applicants who own or part own a residential property .......................................................... 40285 Applicants without a local connection to the area ...................................................................... 40Appendix 2 – Preference Dates286 Preference dates Bands1 to 4 .................................................................................................................. 41287-293 What if my circumstances change ? .................................................................................................... 43Appendix 3 – Right of Review294-302 What if you make a decision about my application that I do not agree with? .............. 44iv
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Introduction1. Many people in Tower Hamlets apply forsocial housing. Tower Hamlets Counciland its Registered Social Landlordpartners have jointly created a CommonHousing List to register everyone whoapplies for housing and is eligible to goonto the List. All available housing isoffered to people on the Housing List.2. Although the Council and its partnerswork to provide as many homes aspossible, there are many more peopleon the Housing List than there arehomes available. Many who apply willhave little or no chance of being offereda home. Even those who do have achance may have a long wait.3. People have many important reasons forwanting to move, such as beingovercrowded, not having a secure placeof their own, wanting to be nearerfamily, a friend, nearer to work orwanting to move to another area.4. Some people must be rehousedbecause their homes are beingdemolished as part of plans toregenerate the Borough and to improvethe quality of life for all residents.Others live in homes that are larger thanthey need. By moving to smaller homestheir larger home can be offered to afamily on the Housing List.5. Some people need housing becausewhere they live is unsuitable. This maybe because it is too small, is bad forsomeone with serious health ordisability problems or needs such majorrepairs that they cannot live there whilstthe repairs are being done. Others arethreatened with homelessness.6. All these competing demands have tobe considered and difficult decisionsmade about who should be offered thelimited number of homes available eachyear. As required by law, the Counciland its Common Housing Registerpartners have developed this lettingspolicy in order to decide how to givepriority for housing. This was afterconsultation with applicants on theHousing List, Tower Hamlets residentsand other stakeholder organisations andpartners.7. An important aim of the lettings policy isto make it clear how decisions are madeso that people who are not offered ahome can understand how priority forhousing is decided and have trust andconfidence in how decisions are make.8. How applicants are assessed; thepriority they are given and how it isdecided who will be offered a home isset out below. The document is in twoparts.Part I - shows how priority is decidedand how homes are allocatedPart II - sets out the full policy in detailEqualities statement9. We are committed to delivering qualityservices to all, responding positively tothe needs and expectations of all usersof the service. We are committed toeliminating discrimination on anygrounds including race, gender,disability, age, sexuality, religion orbelief. This is derived from our respectfor every individual. This policy appliesequally to everyone who applies to or ison the housing list.1
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Part 1 – <strong>Lettings</strong> <strong>Policy</strong>How priority for housing isdecided10. The Council and its Common HousingRegister partners have agreed to havefour bands in the lettings policy.Everyone eligible to be on the HousingList will be put in one of the four bandsdepending upon the information givenat the time of application or followingany change of circumstances.11. How the bands are made up dependsupon several factors. First of all the lawsays that the lettings policy must give“reasonable preference” to people whoare overcrowded, homeless or need tomove on medical, welfare or hardshipgrounds. The law also says that peoplecan be given “additional preference”,because of serious medical, emergencyor social and welfare problems.2
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>The Four BandsBand 1Group APreferencemethod:Emergencies• Urgent housing need combined with seriouswelfare/medical/safety/ emergency factorsEmergenciesfirst then:Medical/DisabilityGround floor• Assessed for ground floor property formedical/disability reasons or wheelchairaccessible (Category A & B) & awardedmedical priorityDate OrderHighPriorityBandPriority DecantsUnder Occupiers• CHR Tenants whose home is due to bedemolished in less than one year or tenantswho need a 4 bed or a wheelchair accessibleproperty• Social Housing Tenants who want to move to asmaller property. Those giving up the mostbedrooms are considered first.Group BPriority Medical• Serious health problem that is severelyaffected by housing circumstancesDate OrderPriority Social• Urgent need to move on social/safety/welfaregroundsDecants• CHR Tenants whose home is to bedemolished in more than one yearPriority TargetGroups• Groups given priority in the community’sinterest or because of their circumstancesBand 2PriorityBandApplicantswho areovercrowdedHomelessapplicants• Overcrowded tenants of CHR partnerlandlords• Housing applicants who are overcrowded• Homeless householdsDate OrderBand 3GeneralBandApplicantswho are notovercrowded• Tenants of CHR partner landlords who are notovercrowded• Housing applicants who are not overcrowdedDate OrderBand 4ReserveBandApplicants whodo not qualifyof Bands 1,2 or3• Applicants who do not have a local connection• Property Owners & Leaseholders• Tenants of social housing landlords who arenot CHR partnersDate OrderNote: Usually only applicants with a local connection are eligible for Bands 1,2 & 3.3
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>12. Applicants who must be givenreasonable preference or additionalpreference are usually placed in bands 1or 2 and have a much greater chance ofbeing offered a home than applicants inBands 3 or 4.13. However, under this policy, each year, asmall number of homes will also bemade available to applicants in Band 3 inorder to meet local Tower Hamletsneeds. The law allows for this as long asthe amount of property set aside for thispurpose does not dominate thescheme.How do you decide which band myapplication will be in?14. This will depend upon yourcircumstances at the time of yourapplication or after notifying us of anychange in your circumstances after youhave been put on the Housing List. Forexample, you may be placed in a lowerpriority band, but can be considered fora higher priority band after aninvestigation or assessment of anycircumstances that may qualify you foradditional priority. Appendix 1 sets outhow these decisions are made.I am on the Housing List. Whathappens next?15. Applicants on the Housing List canapply through the Choice Based <strong>Lettings</strong>system for homes that are provided bythe Council and the Common HousingRegister partner landlords.What is Choice Based <strong>Lettings</strong>?16. This is a method of letting homes byadvertising them weekly so thatapplicants can “bid” for them. Most ofthe homes provided by the Council andthe Common Housing Register partnersare let through this method. This wayeveryone can see the homes that areavailable each week and decide whetherthey want to apply for them.17. Although most homes are let in thisway, some homes may be offereddirectly to an applicant, for example, tomeet the need of a high priorityapplicant; or to meet a legal obligation;or for effective management of housingstock – (see paragraph 90 on DirectOffers).18. Sometimes homes will be advertised forcertain groups only because the amountof homes let to them has fallen behindthe target – (see paragraphs 21 – 24) orbecause they are specially adapted andwill be reserved for applicants who havea particular need for this type of home.There are four steps toChoice Based <strong>Lettings</strong>:Step One: Available homes areadvertised weeklyStep Two: Applicants can “bid” for asmany homes as they wish each weekStep Three: A short list is drawn upin priority order for each advertisedhome from those who have bid for itStep Four: A home is usually offeredto the highest priority bidder first. Ifrefused it is offered to the nextpriority bidder and so on until it isaccepted.How do you decide between bids?19. Applicants on the Housing List areplaced in one of the four bands. Eachapplicant will be given a preferencedate. How this is decided will dependupon the band and may change if anapplicant moves from one band toanother. See Appendix 2 for how“preference dates” are decided.20. When more than one applicant in thesame band bids for a home it willusually be offered to the applicant withthe earliest preference date in the band.However, targets are also set for the4
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>number of lets to be achieved each yearfor some groups and this explainedfurther below.Why are targets set each year?21. The Council and its Housing Associationpartners agree targets for allocating thehomes available each year in order tomake sure that the housing plans set bythe Council and its partners areachieved and essential obligations aremet. For example, a target may be setfor the amount of lettings to reduceovercrowding or to managehomelessness. Another example is atarget is set for the homes needed fortenants who have to move because ofdemolition and regeneration schemes.How are targets decided?22. The targets are set taking into account:the levels of housing need in theborough; the Council’s housingstrategy; the Council’s statutory andcontractual obligations and otherfinancial considerations; theresponsibilities of the Council and itsCommon Housing Register partners aslandlords; making the best use of thesocial housing stock in the borough; andto ensure some homes are madeavailable to applicants in the lowerpriority bands.23. Applicants on the Housing List andTenants of Common Housing Registerpartner landlords who are notovercrowded but want to move will beplaced in Band 3. Each year a target willbe set for the small number of lets to bemade available to them.they will be monitored and reported on.The <strong>Lettings</strong> Plan will be available on theHomeseekers website and the Council’swebsite.Local <strong>Lettings</strong> Plans25. From time to time the Council and itsCommon Housing Register partnersmay adopt local lettings plans. Thepurpose is to encourage residents todevelop lasting connections with thearea; to help sustain a community; toreduce overcrowding and tackle otherhousing needs in the local area - (seeparagraph 73 - 76).Choice based lettings scheme andtargets26. Under choice based lettings, applicantsbid for homes advertised each week.The highest priority eligible bidder forany one home is usually offered it firstand then the next and so on until thehome is accepted. The overall pattern oflettings depends on which applicantshave bid for homes advertised and beensuccessful. This will have an impact onthe targets set down in the <strong>Lettings</strong> Planeach year so the pattern of lettingsduring the year will be closelymonitored. If any group is not gettingthe amount of homes planned for thiswill be overcome by advertising somehomes exclusively for the group that isfalling behind until things are back ontrack. Applicants in such groups will stillbe considered in preference date order.24. Each year a “<strong>Lettings</strong> Plan” will bedrawn up in consultation with CommonHousing Register partners and agreedby the Council’s Cabinet. The <strong>Lettings</strong>Plan is produced each year to reflect theCouncil’s strategic housing and financialpriorities. It will set annual targets to beachieved in the coming year and how5
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Choice Based <strong>Lettings</strong>:Applicationto HousingListStep One Step Two Step Three Step FourApplicationsareassessedand placedin one of 4bandsHomes areAdvertisedweeklyApplicantsbid forhomesShortlisting for each homefrom bidders:-Band 1Emergencies firstThen:Group A: earliest dateThen:Group B: earliest dateThen:Band 2: earliest dateThen:Band 3: earliest dateThen:Band 4: earliest dateHomesoffered tohighestprioritybidder first;then nexthighest;and so on;until thehome is let6
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Part II – <strong>Lettings</strong> <strong>Policy</strong> in detailMaking an application to thehousing listHow do I join the housing list?27. Everyone who wants to join the housinglist has to fill in an application form. Thisis to make sure that we have theinformation needed to decide yourpriority for housing and to make sureeveryone is assessed in the same way.28. If you need it, we can help you to fill inthese forms. <strong>Lettings</strong>, Housing and OneStop Shop staff, advice centres, localHousing Association offices and lots ofother groups around the Borough will behappy to advise you about yourapplication. Normally, anyone can jointhe housing list unless they are:• under 18 (unless exceptionalcircumstances apply)• a person that the Government sayscannot be on the list (at the momentthis means certain groups of peoplewho are subject to immigrationcontrol);• considered unsuitable to be a tenant.29. Every application will be considered onits own merits and we will consider allcircumstances before making a finaldecision on eligibility for the housing list.What happens if you decide I am noteligible to be on the housing list?30. If we decide that you are not eligible forthe housing list, we will tell you why.You can ask us to review the decision.How this is done is set out in Appendix3. Every application is treatedindividually and we will take intoaccount any exceptional or mitigatingfactors you ask to be considered.How do you decide who is unsuitableto be a tenant?31. We will normally only decide to excludeyour application from the housing list ifthe following three tests apply to you ora member of your household:-• you are, or have been, guilty ofunacceptable behaviour; AND• the unacceptable behaviour is seriousenough to have entitled a landlord tohave obtained a possession order,AND• at the time of the application, you arestill unsuitable to be a tenant of theauthority by reason of the behaviour.Unacceptable Behaviour32. We will consider whether anyone in yourhousehold is guilty of behaviour asdefined in grounds 1-7 of s.84 of theHousing Act 1985. These are:• rent arrears or breach of tenancyconditions;• nuisance or annoyance to neighboursand/or illegal or immoral use of theproperty and/or domestic violence;• deterioration in the condition of theproperty;• the tenant or someone prompted bythe tenant obtained the tenancy byknowingly or recklessly making afalse statement to the landlord;• a premium was paid in connectionwith a mutual exchange;• the property is part of a buildingmainly used for non-housingpurposes which was let to the tenantas an employee of the landlord andthe tenant is guilty of conduct thatmeans it would not be appropriate forhim or her to continue to occupy.7
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Behaviour serious enough to havejustified a possession order33. We will then decide whether, had theperson who is guilty of the unacceptablebehaviour been a local authority orHousing Association tenant, whetherthere are sufficient grounds for a Courtto be able to grant a possession order.If still considered as unsuitable whenthe application is made34. We will not normally consider incidentsthat happened more than two years agoexcept where the person has beenguilty of very serious acts of anti-socialbehaviour including racial, domestic orother acts of harassment or violence. Atthis stage, we will consider any and allevidence from the applicant that wouldgo towards them establishing that theyare suitable to be a tenant.What happens when I make anapplication to go on the Housing List?35. When your application to go on thehousing list is received your details willbe registered on a computer. We have aduty to protect public funds. Theinformation you give on your form willbe stored on a computer and may beshared with other public agencies (suchas the Department for Work andPensions); Council departments (suchas Housing Benefits and Council Tax) orany other appropriate agency, solely todetect and prevent fraud. We will sharethe information you give us withRegistered Social Landlords and otherhousing authorities for the purposes ofhousing nominations.Obligation to be truthful36. Section 171 of the Housing Act 1996makes it an offence to withholdinformation that we reasonably requireto assess your application, or to providefalse information that leads to yourgaining a tenancy. We will takeappropriate action (including legalaction) against anyone who gains atenancy through knowingly providingfalse information. This may mean youlose your home. A person guilty of anoffence under this section is liable onsummary conviction to a fine. Legalproceedings may begin if :a) any false information is given, orinformation withheld, on anapplication form to appear on thehousing registerb) any false information is given, orinformation withheld, in response tosubsequent review letters or otherupdate mechanismsc) any false information is given, orinformation withheld, by applicantsduring a review.37. We will check if you, or anyone in yourhousehold, are already registered on thehousing list. You can only be on oneactive application at any one time.When someone else at your addresswants to join the list38. If you are a tenant of one of the partnerlandlords and someone living with youapplies for separate housing, we will askyou to undertake that if you move youwill make sure no one is left in theproperty. Normally, until you give thiswritten guarantee of vacant possessionyou will not be able to bid for availablehomes and we will not actively consideryour application.Joint tenants who want to be rehousedseparately39. If you are a joint tenant of the Council ora Registered Social Landlord you willusually only be considered for rehousingwith all other joint tenants. Thisis unless there are exceptional reasonswhy you cannot, such as if your safety isthreatened. If you do not wish to be rehousedwith your joint tenant(s) thenyou should seek independent advice onyour rights and obligations. If we agreethat you can register for re-housing8
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>without your joint tenant(s) then we willnormally need a written guarantee fromyou that:• you will remain a joint tenant untilsuch time as you accept an offer ofre-housing;• when you accept and sign for a newtenancy, you will assign your interestin your existing tenancy to thoseremaining joint tenant(s). As you willnot be releasing a vacant home forletting, you will not be givenpreference for available homesadvertised with a preference for‘tenants’.Proof Required40. We will ask all applicants to provideindependent documentary proof of thefollowing:• identity;• relationship to and between all thosenamed on the application;• immigration status;• the property you currently live in;• if you have a local connection withthe Local Authority area.41. For every person on the application wemust normally see at least two of thefollowing forms of proof of identity, andproof of where they currently live:• full birth certificate;• medical card;• marriage certificate;• driving licence;• National Insurance card;• passport;• proof of benefits42. We will then assess what priority yourapplication has and tell you:• which Band your application is in;• your preference date;• the size of property you can bid for.Who can be on my application?43. Only those in your immediate family, orothers if previously agreed, will beregistered as part of your household forthe purposes of the Housing List.Immediate family means the mainapplicant, their spouse or partner, theirchildren (except as below) and anyonewith whom they have to live because ofextenuating circumstances. If you arethe main applicant, immediate familydoes not include your or your partner’sparents; grandparents; aunts or uncles;grandchildren; nieces or nephews;cousins; children over 18 living with apartner (whether married or not);children over 18 who have their ownchildren; friends; lodgers; brothers orsisters.44. If you have to live with someone that wedo not usually define as immediatefamily because you have to provide orreceive care or support you can ask usto review the decision not to includethese people on your application. Ifthere is a health need for you to livetogether the Health Advisors canrecommend whether or not they shouldbe included.45. If there is a justifiable and genuine socialneed for you to live together theHousing Management Panel will makethe decision. If you share custody ofchildren with someone else, we willdecide who is the main provider of careby looking at who is paid child benefit ortax credits and who the children staywith for the most nights each week. Ifyou are not the main care provider yourchildren will not normally be consideredas part of your household for thepurposes of the Housing List.What happens if I owe rent?46. It is very important that you pay yourrent. If you do not then you risk losingyour home. If you are having difficultiesthen you should speak with your9
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>landlord who will be able to provide youwith advice and support. If you owe nomore than four weeks of your weeklycharge (that is the amount you have topay after any Housing Benefit has beendeducted), then your housingapplication will not be affected. You willbe asked to sign an undertaking that youwill pay any arrears before you move.47. If you owe no more than 10 weeks ofyour weekly charge and you have beenkeeping to an agreement to pay off thearrears for at least 8 weeks then yourhousing application will not be affected.You will be asked to sign an undertakingthat you will continue to pay the arrearsif you move. If you owe more than 10weeks of your weekly charge then youwill normally not be considered for anyhomes you may apply for.48. Each case will be considered on itsindividual merits by Common HousingRegister partner landlords, the Council’shomeless or lettings service. Discretioncan be used by a manager to overridearrears if it is felt that unreasonablehardship would otherwise occur.49. If the Housing Management Panelmakes this decision then you will beasked to make an agreement to payyour arrears and sign an undertakingthat you will continue to keep to theagreement if you move.When your application is accepted50. You can then look at the propertiesadvertised each week and apply forthose you are interested in and aresuitable for your household size.51. To find out how to do this go toparagraph 68 onwards on Choice Based<strong>Lettings</strong>.Homeless People52. The Council must consider the followingwhen deciding what assistance to give ifyou are applying as homelessWhether you are eligible forassistance?53. This generally means someone who ishabitually resident in the Common TravelArea, and is not subject to immigrationcontrol as decided by the Secretary ofState although some people who aresubject to immigration control willqualify.Whether you are homeless orthreatened with homelessness?54. This generally means that one of thefollowing may apply to you:• you have nowhere to stay tonight;• you have been asked to leave a homethat you have no legal right to stay in;• you face possible eviction orrepossession;• you have somewhere to live but youcannot get into it;• you have somewhere to live but thereis someone there who may be or hasbeen violent towards you;• you have somewhere to live but otherpeople who you normally live withcannot live there; or• you have somewhere to live but it isso unsuitable that the Council thinksit would be unreasonable for you tolive there.Whether you are in priority need foraccommodation?55. This generally means that one or moreof the following applies to you:• you have dependent children wholive with you;• you, or a member of your household,is pregnant;• you are vulnerable because of age;mental or physical illness; disability;10
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>risk of violence at home and/orinstitutional background;• you are 16 or 17 years old;• you are under 21 years old and havebeen ‘looked after’ by the LocalAuthority• you have been made homelessbecause of a fire, flood or otherdisaster even when none of theabove appliesWhether you are intentionallyhomeless?56. This is a very complicated area of lawbut in simple terms means whether youhave brought about your ownhomelessnessWhether you have a local connectionwith Tower Hamlets?This means that:• you have lived in the Borough for atleast six of the last 12 months; or• you have lived in the Borough for atleast three of the last five years; or• you have permanent employment inthe Borough; or• you have a close relative (mother,father, sister, brother, son ordaughter) who has lived in theBorough for at least the last fiveyears.57. If such a connection exists then thisCouncil will be responsible for rehousingyou. If you do not have aconnection with Tower Hamlets but youdo have a connection with anotherCouncil then your application may bereferred to that other Council. If youhave no connection anywhere thenresponsibility will fall on the Council thatyou approach. Even if the Council doesnot agree to provide a home, it will giveadvice and assistance on what optionsmay be available for you to findalternative accommodation if you arehomeless.What do I do if I think I am Homeless?58. You can seek advice and assistance ormake a homeless application bycontacting the Council’s Homeless andHousing Advice Service. The contactdetails are at the back of this document.What happens to my application if Iam accepted as homeless?59. If the Council accepts it has a homelessduty to you under these criteria yourapplication will be placed in Band 2 onthe Housing List or Band 1 Group B ifyou are accepted as single homelessand in priority need because of yourvulnerability. Your preference date willbe the date you made a homelessapplication.60. If the Council has accepted a homelessduty to you and a Health Advisorrecommends you must have groundfloor or wheelchair accessible categoryA or B, you will be placed in Band 1Group A. If a Health Advisorrecommends you should be awardedpriority medical status, you will beplaced in Band 1 Group B.61. If you are already on the Housing List,your existing preference date will nolonger apply. You will be given a newhomeless preference date which will bethe date you applied as homeless. Yourposition in the queue will change andyou will not keep the time you havepreviously spent in the band.62. You will then be able to bid for availablehomes for the next 24 months. Thistime limit is because it costs the Councila substantial amount of money toprovide temporary accommodation. Ifyou have not moved in to a permanenthome accommodation within 24 monthsthen your application will be included onlists for all suitable and reasonablevacant homes that become available.11
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>63. You will be made one offer of a suitableand reasonable home to ensure that theCouncil properly discharges any duty toyou. We cannot tell you how long thismay take after the 24 month time limit isup. You will be asked to confirm theareas of the Borough or types ofproperty that you cannot live in. This isnot the same as properties you do notwant to live in. You will be asked toexplain why you cannot live in aparticular area or in a specific type ofhome. You will not be asked to live in anarea where you are not safe. If you aremade an offer of suitableaccommodation and refuseunreasonably, the Council maydischarge its statutory duty to you andyou will be asked to leave any temporaryaccommodation provided by thecouncil. If you then secure your ownaccommodation and wish to beconsidered on the Housing List, youmust make a fresh application. You willbe assessed on your newcircumstances and be given a newpreference date.rent deposit scheme. It will not beconsidered appropriate to give suchassistance if you are consideredunsuitable to be a tenant.66. If you are considered intentionallyhomeless, you can still apply to go onthe Housing List. Your application will beassessed based upon yourcircumstances. Where the reasons foryour intentional homeless indicate youmay be unsuitable to be a tenant or areguilty of unacceptable behaviour underthe provisions set out in this policy inparagraph 30 - 34 you may not beaccepted onto the Housing List.67. If you are eligible to go on the HousingList you will be assessed on yourchange of circumstances when youleave the temporary accommodationprovided by the Council. The band youare placed in will depend on the natureof your new circumstances. You musttherefore keep the Council informed inthis regard.64. Officers in the Homeless Service willdeal with your homeless application tothe housing list and any questions youhave about your application should bereferred to them.What happens if I am declaredintentionally homeless?65. Having investigated your homelessapplication, the Homeless Service maydecide that you caused your ownhomelessness by your own actions, orfailing to take action to prevent this. Inthese circumstances you will beconsidered intentionally homeless. Youwill be given reasonable notice to leaveyour temporary accommodation and beexpected to try to find your ownaccommodation. The Council will giveyou assistance in doing this and will ifappropriate try to find you housing witha private sector landlord through the12
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Choice Based <strong>Lettings</strong>:The Four Steps In detailStep One - Advertising HomesHow will I know about homes to be let?68. Usually, every home that becomesavailable to let will be advertised weekly.Information will be available on theHomeseekers and Council’s websites; inEast End Life: Council’s One Stop Shops,local housing and local HousingAssociation offices. You will also be sentdetailed information about how to apply or“bid” and a summary of this lettings policy.69. For applicants who find it difficult to getinformation about homes that areadvertised you will be contacted bytelephone or by post.70. Where possible, the advert will have aphotograph of the block and includeinformation about:• who the landlord is;• the rent;• the sort of property it is: floor level,type and how many bedrooms;• the area it is in;• the size of household that can apply;• if there are special facilities forhouseholds with particular needswho will be given preference for it• whether there are any specialfeatures or where certain conditionsapply such as limited to applicantswho qualify under a local lettings planAll available homes will be advertisedexcept:71. those homes that will be offered directlyto some applicants as set out inparagraph 90 for example: inexceptional circumstances; or where acourt has made an order; or wherehomes are required for special exercisessuch as chain lettings; or in schemesdesigned to match new builddevelopments with specific category Aor B wheelchair accessible cases.Advertising and targets72. If a group of applicants are not gettingthe proportion of homes planned for theyear this will be overcome byadvertising certain properties exclusivelyto the group falling behind until thetarget set for the year is back on track.In these circumstances applicants in thegroup will still be considered inpreference date order.Local <strong>Lettings</strong> Schemes73. From time to time the Council and itsCommon Housing Register partnersmay adopt local lettings schemes.These schemes are designed toencourage residents to develop lastingconnections with the area; to helpsustain a community; to reduceovercrowding and tackle other housingneeds in the local area.How these schemes would work74. Homes available for letting at broadlythe same time will be identified assuitable for local lettings. Usually thesewill be new build, housing associationhomes. The qualifying criteria will bedefined for each local lettings schemeincluding consideration only being givento applicants who meet the criteria setdown for each scheme. The criteria mayvary between schemes but will be madeclear at the start.75. A local lettings scheme must be agreedby the Common Housing RegisterForum. Homes will be advertisedthrough the choice based lettings13
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>scheme as only suitable for applicantswho qualify for the scheme. Bidding willbe restricted to applicants who meet thecriteria for the scheme. Applicants willthen be short listed in the normal wayand homes offered in priority order.76. If it is not possible to let all the availableproperties earmarked for a local lettingsscheme, the remaining properties willbe re- advertised and the policy criteriato qualify will not be applied. Propertiessuitable for applicants with high priorityneeds, for example with special needsadaptations, may be excluded from thescheme.Step Two - Applying foradvertised homes• You can place as many bids as youwish on homes that are suitable foryour size of household as set out inthe table below.• You should not bid for homes thatyou are unlikely to accept if they areoffered to youBids can be made as follows: -• On line on the Homeseekers website• By telephone• By Coupon (in East End Life)Auto Bidding77. If you are vulnerable and unable toregister your own bid you can registeryour choices with us then we can bid onyour behalf. These auto bids will act as ifyou have told us about an interest in anadvertised home and you should be verysure about the choice you make beforetelling us about them so that the autobidding system can bid for the type ofhome you are willing to accept.What size home can I apply for?78. You can only apply for a home that hasthe number of bedrooms consideredsuitable for your household. How thisworks is set out in the table below.Can I apply for a smaller home thanI need?79. You can also apply for a home that hasthe number of bedrooms suitable foryour household, but has one bed spaceless than your household requires.Household sizeHousehold 1 or 2 adultsHousehold with one childHousehold with two children – same sexHousehold with 2 children – opposite sexHousehold with 3 childrenHousehold with 4 children same sex ortwo of each sexHousehold with 4 children – 3 same sex 1opposite sexHousehold with 5 childrenHousehold with 6 children – same oropposite sexHousehold with 6,7 or more childrenBedroom needStudio or 1 bedroom2 bedrooms2 bedrooms3 bedrooms3 bedrooms3 or 4 bedroom4 bedroom4 bedroom4 or 5 bedroom5 bedrooms or moreBed spaces1 or 2 bed space3 or 4 bed spaces4 bed spaces4 or 5 bed spaces5 or 6 bed spaces5 or 6 bed spaces6 or 7 bed spaces7 or 8 bed spaces8 or 9 bed spaces9 or 10 or more bedspaces14
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>80. A single parent will be classed asneeding two bed spaces.81. In the list above, two same sex siblingswhen part of the same household canshare a bedroom regardless of age. If asibling sharing in this way makes anindividual application to liveindependently and not as part of thehousehold, they will be classed asovercrowded for the purpose of theindividual application.82. A Health Advisor may recommend a sizeof property for you that is different tothat set out above.Step Three - Short listing83. A shortlist will be drawn up from thosewho have bid for a home. Applicantswho have bid for a home are selectedby comparing the size of the home withthe number of people on theirapplication. Bids will only be acceptedfrom applicants whose household sizemeets the size of propoerty bid for asset out in the table on page 14 or onebedspace short as set out in paragraph79.84. The shortlist will be drawn up withapplicants in the highest priority bandfirst then the next priority band and soon. If more than one applicant has bidfor a home within a band, they will beshort listed in order of length of time inthe band. Preference will normally begiven to the applicant who has waitedthe longest.85. Short listing Priority OrderBand 1Band 2Band 3Band 4Group AGroup BEmergencies first:Then:Earliest preferencedate:Then:Earliest preferencedateThen:Earliest preference dateThen:Earliest preference dateThen:Earliest preference dateStep Four – Making offers of ahome86. Homes will be usually offered to highestpriority applicant on the short list first. Ifmore than one applicant in the bandapplies for a home, it will usually beoffered to the one who has waited thelongest in the band, that is the applicantwith the earliest preference date.Normally a number of applicants will beinvited to view a property so that if theapplicant with the earliest preferencedate does not accept the property it canbe offered to another applicant withoutdelay.87. If a home has been advertised for aparticular group in order to meet annualtargets it will be offered to the applicantin that group with the earliestpreference date first.15
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>88. If an offer is refused it will be offered tothe next applicant on the shortlist andso on until the home is accepted.89. You should not bid for homes that youwould not be willing to accept if theywere offered to you.Direct Offer <strong>Policy</strong>90. The Council and its Common HousingRegister partners will as far as possiblelet the majority of property through thechoice based lettings scheme. However,the Council and its partners can offer ahome directly to some applicants inexceptional circumstances withoutadvertising the home through thescheme. Reasons for this can be: tomeet the need of a high priorityapplicant; or to meet a legal obligation;or for effective management of theCouncil’s or partners housing stock; inrelation to public protection cases; aspart of overcrowding reductioninitiatives; or for split households.91. Direct Offers can also be made onSheltered Housing vacancies where theproperty has been advertised once andhas not been let.How will I know if I will be offered ahome that I have applied for?92. We receive a lot of bids for advertisedhomes every week. We will only contactthe applicant who has been successfulwith the details of when they can viewthe property. To make sure thatproperties are let as soon as possible,you may be asked to view a homewhere the repairs are not yetcompleted.93. When you view the property you will betold what repairs are to be done to it,whether any allowances are payable tohelp you move or decorate, and whenyou would be expected to move in. Ifyou view a property on Monday,Tuesday or Wednesday your tenancy willusually start on the following Monday. Ifyou view the property on Thursday orFriday, your tenancy will usually start onthe second Monday after the viewing.What happens if I don’t accept an offerof a home or not turn up to view it?94. If you are an applicant where theCouncil has accepted a homeless dutyto then different rules apply. It is veryimportant that you speak to someone inthe Homeless Team before you refusean offer made to you.95. If you refuse a home that is offered toyou your application will usually remainactive and you will still be able to applyfor available homes.96. If you do not attend a viewing, we willassume that you have refused theproperty unless there are very goodreasons why you could not turn up andyou could not tell us beforehand.97. If you are offered a home as anemergency case on medical groundsand refuse the offer unreasonably yourpriority will be withdrawn and you willbe placed in Band 1 Group B as apriority medical case.98. If your application is in priority socialcategory Group A or B, or a prioritytarget group in Band 1 Group B and yourefuse an offer unreasonably yourpriority will be withdrawn. If you are inBand 1 Group B as a priority medicalcase and you refuse an offer, your casemay be reviewed and considerationgiven to withdrawing your priority.99. You can ask us to review the decisionsto withdraw any priority award. We willconsider every review on its merits.However, for the review to succeedthere should be justifiable and genuinereasons why the property was notsuitable for you or why it was notreasonable for us to make you the offer.16
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>We will consider whether you havechosen the property (either in responseto an advert or if the property meets thechoices you have told us about in thepast) when making a decision about thereasonableness of any offer you refuse.(See Appendix 3 on right to a review)Information about homes that havebeen let100. We will publish information abouthomes that have been let and as far aspossible give information about thelength of time you may have to wait.This will be provided to help applicantsmake informed choices when bidding.101. We cannot publicise information aboutspecific applicants and properties asthat information is confidential, but theinformation given will show the type ofhome it was and the length of time ahousehold had been waiting.104. Please remember that someone may berehoused before you because : -• their application was in a higher bandthan yours;• they had been waiting longer thanyou in a band• they bid for a property you did not bidfor• they were eligible for a home thatyou were not eligible for• they were overcrowded and you arenot• their household has been givenpriority on health grounds• they had to move because of anemergency;• they have had to move because theirhome is being demolished,refurbished or repaired;102. Normally, all applicants will be in a dateorder queue in their band. Those whohave waited the longest in the band (andapply for homes advertised) will beoffered housing in order of theirpreference date. As people ahead ofyou in a band are rehoused then thequeue in front of you will gradually getshorter and your chances of beingoffered a home you apply for willimprove.103. We know it is difficult to wait for asuitable home to become available andthat many applicants on the HousingList can be under a lot of pressure. It isonly natural that people will speculateabout the reasons when they seesomeone else get a home where theymay not seem to be in as urgent needas they are.17
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Other Re-housing Opportunities105. If you are already a tenant of a landlordwho is a member of the CommonHousing Register partnership there areother re-housing opportunities you maywish to consider.106. These schemes will vary over time, butopportunities that may be available are: -• move to a smaller property withassistance and a cash incentive• exchange your tenancy with anothertenant• participate in a chain lettings moves• Cash Incentive Scheme – apply for agrant to help buy your own home• Shared ownership where you couldpart buy part rent a home• Move to the private rented sector aspart of the Council’s Overcrowdingreduction strategy.• Register on another Council’sHousing List• Move out of the borough if yourlandlord has housing elsewhereRe-housing opportunities indetail:Under occupation or downsizing107. There is a shortage of family-sizedaccommodation in Tower Hamlets.Therefore a high priority is given tothose tenants who move to smalleraccommodation giving up at least onebedroom.108. You can apply for a home one bed largerthan you need and you will be givenpriority to move as long as you give upat least 1 bedroom. If you live in a homewith 3 bedrooms and you are assessedas needing 1 bedroom you will getpriority if you apply for a home with 1 or2 bedrooms.109. The greater the number of bedroomsyou give up, the higher your priority tomove. If you are a Council tenant andyou give up at least 1 bedroom, theCouncil will be able to help you withmoving expenses providing you move toa social tenancy and inform your landlordimmediately when an offer is made toyou. You could move in or outside theborough and register directly with othersocial housing providers. If you are atenant of a partner landlord you will needto check with them to see if they takepart in this scheme.110. Work out how much your spare roomscould be worthMy home has this number of bedrooms1 2 3 4 5 6I want thisnumber ofbedroomsStudio £500 £1,000 £1,500 £3,000 £3,500 £4,0001 £500 £1,000 £2,500 £3,000 £3,5002 £ 500 £2,000 £2,500 £3,0003 £1,500 £2,000 £2,5004 £1,500 £2,0005 £1,50018
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>controlled or other special needs unitand the tenant moving in to theproperty is not eligible for or does notneed it;• that the accommodation is tied;• that the landlord is a charity and theproposed occupation would conflictwith their aims;• that any of the tenants has beenissued with a Notice of SeekingPossession.119. Your landlord may say that you cannotswap tenancies straightaway if, forexample, you owe rent, or there arerepairs needed to the property that youhave to carry out. However, once thesematters have been sorted out, theyshould say yes.120. Your landlord is obliged to tell you inwriting the reasons why they are sayingno to your request. Whatever thedecision, you should be told within 42days of requesting to exchange. Youhave a right to refer the decision to theCounty Court under 86 of the 1980 Act ifyou disagree with it.Chain <strong>Lettings</strong>121. Chain <strong>Lettings</strong> is a way for us to use avacant property as part of a chain, in thesame way as estate agents do in theprivate owner-occupying sector. Eachyear, we will set a target for the numberof homes to be let to existing Counciland partner landlord tenants. Whereverpossible, these lets will be part of achain of moves, and may include mutualexchanges.122. This is an example of how a chain couldwork with one vacant home used tohelp four families to move:Mr & Mrs C livewith theirparents andshare abedroom withtheir sonMr & Mrs DHave 2 bedrooms,would like 3 as theyhave just hada babyVacant 1bedroom flatnear Mr B’sworkMr B Lives nearMrs A’s motherin 3 bedrooms,but would like1 bed nearerhis workMrs A has 3bedrooms.Would like tomove nearher motherwho is ill20
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>123. In order for chain lettings to work, it isnecessary for us to identify usefulvacant properties and withdraw themfrom being advertised. Discretion hasbeen given to senior officers to decidewhen properties can be removed fromthe overall lettings scheme to makechains work so helping more people tomove.Seaside and Country Homes Scheme124. Seaside and country homes is a mobilityscheme that offers people living inCouncil or Housing Association homesin Greater London the opportunity tomove home. The landlords in thescheme manage about 3,500 bungalowsand flats along the southwest coastfrom Cornwall through the countrysidefrom Shropshire to Cambridgeshire,over to Norfolk and Lincolnshire in theeast.125. The scheme does not guarantee you amove and priority is given to tenantswho are giving up large sized properties.Referral is usually made by the landlordon behalf of tenants put forward forSheltered Housing vacancies. Applicantsgiving up the most bedrooms in theirexisting tenancy are given priority.21
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Priority on Health grounds126. There are times when people need tomove because of their health ordisability. Priority can be awarded onhealth or disability grounds after anassessment if an applicant has a seriouslong tem health problem and theirhousing is severely affecting their healthor their quality of life.127. Please Note: A priority medical awardis not given on the basis of the medicalcondition or disability alone but uponthe effect the housing circumstancesare having on a long term and seriousmedical condition.How is it decided if I shouldhave additional priority onhealth grounds?128. A Client Support Officer in the <strong>Lettings</strong>Team will either make a decision thatyou applications does not qualify foradditional priority on health grounds orask for an assessment from a HealthAdviser. You will be told their decisionand if you disagree with it you may askfor a review.129. The Council and Common HousingRegister partners will ask qualifiedhealth advisers to recommend whoshould be given additional preferencefor housing on health or disabilitygrounds. The Health Advisors do notmake a recommendation based uponhow ill you are. They will look at howyour health or disability problem affectsyou on a day-to-day basis and how yourhousing affects your health or quality oflife. They will assess each person with ahealth or disability problem and alsoconsider the impact on your wholehousehold. The Health Advisor’srecommendation will be taken intoaccount when a decision is made onyour application for additional priority onhealth or disability grounds. In addition,other non medical factors affecting youor members of your family can be takeninto account where appropriate.130. Case examples are given on the“Homeseekers” website as a guide tothe kind of decisions made.131. We will not normally carry out anassessment for priority on healthgrounds if you do not have a localconnection with the borough as definedin Appendix 1.132. If you do not live in the borough you canapply to go onto the Housing List. Butwe will not normally carry out anassessment for priority on healthgrounds unless you are having longterm or substantial medical treatment inthe borough. A decision will be basedupon consideration of your individualcircumstances. If you disagree with ourdecision you can ask for a review (SeeAppendix 3)133. There are two levels of additional priorityon medical grounds linked to housingcircumstances that can be awardedPriority Medical award134. This recommendation will normally beconsidered if someone on yourapplication or for whom you providecare, has a severe long term limitingillness or permanent and substantialdisability. Health or quality of life mustbe severely affected by the place youlive in now.22
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>135. Please Note: A priority medical awardis not given on the basis of the medicalcondition or disability alone but uponthe effect the housing circumstancesare having on a long term and seriousmedical condition or disability.136. We will also consider if where you livenow can be reasonably adapted to meetyour needs. It may also be that there arecombinations of serious health ordisability concerns that mean that thehealth or quality of life of a household isbeing severely affected.Examples include:• the current home does notreasonably allow essential healthtreatment there e.g. renal dialysis;• the ability to live independently in thecommunity is at risk without suitable• accommodation;• someone is housebound, effectivelyhousebound or cannot reasonablyaccess the essential facilities in theirhome;• if there are critical concerns aboutsomeone’s safety e.g. through fallsdue to difficulties with access.137. Applicants in Bands 1, 2 or 3 who areawarded priority medical status will beplaced in Band 1 Group B (unless theyare already in Group A as an underoccupier). Your preference date will thedate you applied for the assessment.138. If your application is in Band 4 and youdo not have a local connection or youhave an interest in a property, a decisionwill be made at the time of receiving areport from the Health Advisors as towhether unreasonable hardship wouldoccur if your application remained inBand 4. Each case will be looked at onits merits, for example consideration willbe given to whether your property couldbe adapted. All other applicants in Band4 who are awarded priority medicalstatus after an assessment will beplaced in Band 1 Group B.Emergency Medical139. This is the highest priority award andwill normally be considered where thecriteria for a priority medical award ismet and one or more of the followingconditions also applies:• someone is in hospital/residentialcare and cannot return homebecause it is not suitable;• there is a risk to life;• there are exceptional circumstances• when the Adult Services Directoratemakes a nomination under theIndependent Living and CommunitySupport Scheme (see priority targetgroups in Band 1 Group B below140. When awarded emergency medicalstatus, the application will be placed inBand 1 Group A. The preference datewill be the date the award was made.Applicants awarded emergency priorityare considered first when bidding forthe available homes.Other Recommendationsthat can be made on healthgrounds141. The Health Advisors can also makerecommendations about the type ofproperty that is most suitable on healthgrounds. This can include access,essential facilities (including bathroomand toilet), space, location and heatingor access to a garden.142. When a property with one of thesefeatures is advertised, preference for itwill be given to applicants where arecommendation by Health Advisorshave been accepted.143. If a specific recommendation has beenmade by the Health Advisor that aspecific type of home or facilities are23
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>essential you will only be able to bid forhomes that meet this recommendation.How does a Health Advisorrecommend what is needed?Use of a Garden144. The Health Advisors will normally makethis recommendation if there is acapacity to benefit from a safesupervised outdoor play area by a childunder 18 in your household with either:• a permanent and substantial physicaldisability;• severe long term limiting illness;• the severest forms of learningdisabilities; or• the severest forms of behaviourproblems145. A garden may be recommended for anadult in the following circumstances:• if they have a severe cognitiveimpairment that means they do notsense danger, are at risk ofwandering and so need constantsupervision;• if they have a severe, permanent andsubstantial disability or severe longterm• limiting illness and caring for childrenis causing concern such that theircontinued residence is at risk, or thestress of caring for them isexacerbating the health problems; or• if they have a sensory impairmentand/or a guide dog and they livealone or only with others withdisabilities.Extra space146. The Health Advisors will normally onlyrecommend that you need extra space if:• you, or someone in your household,has either a permanent andsubstantial disability, or a severe longterm limiting illness, or the severestform of learning disabilities;• or the severest forms of behaviourproblems and it is unreasonable foryou to share a bedroom as it wouldseriously affect the sleep of thoseyou would normally share with, to thesevere detriment of their or yourhealth;• you are having health treatment athome that needs large machinery ora stock of health supplies to bestored e.g. you are having renaldialysis at home;• you need a full time carer to providesupport night and day;• you have a permanent andsubstantial disability or long termlimiting illness or• severe learning disability and needadditional space for specialistequipment; or• you have a severe long-term limitingillness and sharing a bedroom willexacerbate your health problems e.g.you have an immune deficiencyGround Floor on health / disabilitygrounds147. An additional recommendation that canbe made is that an applicant must haveground floor on health or disabilitygrounds or must have a ground floorproperty that is wheelchair accessiblecategory A or B. This may berecommended by a Health Advisor ifyou have a permanent and substantialdisability or severe long term limitingillness that means that your mobility orexercise tolerance is so severelyrestricted you cannot safely manage anystairs.148. Applicants awarded therecommendation that they must haveground floor and they have beenawarded priority medical status, will beplaced in Band 1 Group A (unless theapplication is in Band 4 and no medicalpriority has been awarded). Apart from24
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>emergency status, Band 1 Group A isthe highest possible priority in thelettings policy. The preference date willbe the date the application for anassessment was made.149. Where an under occupier in Band 1Group A has bid for a ground floorproperty with an earlier preference datethan an applicant who has been given arecommendation that they must have aground floor property on medicalgrounds, discretion may be exercised tooffer the property first to the applicantwith the medical recommendation.Environment150. The majority of the housing stock inTower Hamlets is in blocks on estates.Some of these blocks are tower blocks,many are smaller blocks. Very little streetaccommodation becomes available eachyear. The decision as to whether anadvertised home will meet your housingneeds is best made by you, sometimeswith help, and dependent on you beinggiven information about the property sothat you can make an informed decision.The Health Advisors will onlyrecommend a quieter environment if youhave severe long term limiting illness orpermanent and substantial disabilitywhere stress has been identified as aseriously exacerbating factor or youwould be considered vulnerable living ina more active area.Care and Support151. If you need care because of your healthproblems, there are different ways inwhich support can be provided. Youcould live with the person you aresupporting (or who supports you). Oryou each may want to have your ownhome, but move nearer to each other.As you can choose to apply foradvertised homes you should talk withthe person you support (or whosupports you) about the best solution toyour support needs. You may want toconsider both applying for homes ineach other’s areas to see who issuccessful first. Or it may be that onearea is better for you both because it isnear a particular doctor, or hospital, orother support. The Health Advisors willonly give preference to an applicationwhere care and support are an issue ifyour application meets the criteria to begiven preference on health grounds andthere is no one currently living with youwho can reasonably provide the supportyou need.Homes that may be offeredfirst to certain groups ofapplicantsDesignated accommodation152. There are some homes that have beendesignated for specific groups ofpeople, either because of age, disabilityor other defined criteria. When this typeof vacancy occurs it will be advertisedgiving preference to those who meetthe designated criteria. This will bespecified in the advert and we will onlylet the property to a household thatmeets all the designated criteria.Homes designated as wheelchairaccessible Category A or B153. Will be allocated to applicantsrecommended for this type of property.Homes with access to gardens or playareas, on the ground floor154. There is a large demand for homes onthe ground floor, with gardens.Preference for this type ofaccommodation will be given first tohouseholds that the Health Advisorshave recommended should live in thistype of home; then second where thereis a duty to offer like-for-likeaccommodation, such as to those whoneed to move because their home isbeing demolished or who have beengiven a priority social award.25
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Homes provided by RSLs with aspecialist remit155. There are Registered Social Landlordswho provide specialist services tospecific groups of people in the localcommunity. This can be because thesegroups of people have beendisadvantaged in the past or havespecial needs. When one of theselandlords has an available home it willbe advertised only to those who meetthe designated criteria. This may bespecified in the advert or used when wecome to decide who should be madethe offer of the home. We will only letthe property to an application from ahousehold that meets all the criteria.Discretionary AdditionalPriorityI have an urgent or unusual reason forwanting to move156. There are times when an applicant maybe considered for discretionaryadditional priority for unusual or urgentreasons that are not covered by thegeneral criteria in the lettings policy.There are also times when it is in thecommunity’s interest that a householdis given additional priority for housing.157. The Housing Management Panel willmake all decisions to awarddiscretionary additional priority underthis policy unless an application isconsidered an emergency. In thesecases a senior officer will make thedecision.158. The circumstances under which adiscretionary priority award may beagreed are:a) Where an applicant has anexceptional need or where acombination of significantsocial/welfare/medical/safety orurgency factors occur that cannot beadequately dealt with within thenormal rules of the <strong>Lettings</strong> <strong>Policy</strong>.b) Where it is in the Council or aCommon Housing Register partnerlandlord’s interest to award additionalpriority for : effective management ofthe stock; for financial or legalreasons ; or in order to supporthousing strategy objectives orpriorities ; or to remedy an injustice.159. The purpose of having this discretion isto respond to exceptional cases. Whilstit is not possible to define all thecircumstances where discretion shouldbe exercised, any decisions should fallwithin the guidance set out above forgenuinely exceptional and justifiablereasons.160. Decisions to grant discretionaryadditional priority should not be made incircumstances that do not reflect thebroad direction of policy and prioritiesset by the Council and its CommonHousing Register partners.161. Some examples are given below as aguide.• if moving will prevent a child or elderneeding to live in institutional care;• if you are attending Court as awitness against someone accused ofanti-social behaviour;• if you are threatened with or areexperiencing violence and it is nolonger reasonable for you to live athome;• if you are threatened with or areexperiencing problems that mean it isno longer reasonable for you to live athome.162. The list is not exhaustive and an awardmay not be made in every case wherethese circumstances apply. Each casewill be individually considered based on26
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>the information and evidence availableto the case.163. The demand for homes in TowerHamlets is so great that even withdiscretionary additional priority awardyou may have to wait a long time beforeyou will be offered an alternative home.If you are Council or Residential SocialLandlord tenant all other options willalso be considered to assist you that areset out in paragraph 105 onwards.If I want to be considered foradditional priority what should I do?164. We will need to investigate yourcircumstances and gather informationand evidence in order to assess yourclaim.165. First, you should tell your landlord whyyou need to move. If you are not happyspeaking with your landlord about this,you can ask for help from staff in the<strong>Lettings</strong> Team, One Stop Shop, HousingOffice, legal or other voluntary advicecentres in the Borough.166. In most cases, reports on behalf oftenants will be co-ordinated by theirHousing Officer or equivalent. This willensure that the staff managing thetenancy are aware of all issues affectingresidents in their area.167. If you are not a tenant, then a <strong>Lettings</strong>Sustainability Officer will be assigned tothe investigation if it is consideredinappropriate for the investigation to becarried out locally.168. You may ask someone else to make arequest on your behalf. This may be asolicitor, a social worker, or otheradvocate. If a third party makes arequest, it will usually be referred toyour Housing Officer or <strong>Lettings</strong>Sustainability Officer to investigate.169. The officer managing your case will getinformation from all relevant sourcesand then submit it to the <strong>Lettings</strong>Sustainability Team. It is in your interestto present all available information orevidence about the circumstances thatyou feel justifies you being consideredfor a discretionary additional priorityaward and therefore given greaterpriority for housing over other applicantson the housing list.170. We will consider the reasons why youfeel you cannot continue to live whereyou do now. We will also considerwhether it is reasonable for you to livethere, the support you have there and ifthere are actions that can reasonably betaken to help you to continue to livethere. If there is no other effectivesolution available, giving additionalpriority for rehousing you may bedecided upon as the most appropriatecourse of action.171. We will not normally consider referralson grounds of health or overcrowding asprovision for this is already madeelsewhere in this policy.172. The officer dealing with your case willprepare a report that gives full details ofthe grounds for additional priority to beconsidered. This should includeevidence from all relevant interestedparties (such as the Police, VictimSupport, Social Services, Schools, AntiSocial Behaviour Control Unit, healthprofessionals etc). This co-ordinatingrole is important as it ensures that localstaff are aware of issues in their area.173. We receive hundreds of requests eachyear to carry out assessments forpriority on social grounds. The <strong>Lettings</strong>Sustainability Team will make an initialdecision on whether or not yourapplication should be referred to thePanel. You will be told the decision andif you disagree with it you may ask for a27
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>review of the decision as set out inAppendix 3.If you fear violence174. If you feel unable to continue to livewhere you are because of fear ofviolence then you should approach theCouncil’s Homeless Service which has astatutory duty to carry out anassessment and consider whether theCouncil has a housing duty to you. Thisincludes if you are experiencing any typeof hate crime: domestic violence, racialharassment, or other harassment fromany other source. Their decision willinclude whether or not additionaldiscretionary priority should be made toyour housing application as describedabove and whether temporaryaccommodation should be provided inthe meantime.175. We are committed to taking alllegitimate action against theperpetrators of anti-social behaviour orhate crime. This could include takinglegal action against perpetrators. Theaim is to ensure that you have a safeplace to live and where appropriate wewill do all we reasonably can to securethis for you.176. We will not give priority for housing tothe perpetrators of anti-social behaviourunless there are overwhelming andjustifiable reasons to do so.177. Where a referral is made to theHomeless Service, Homeless Officerswill explain to you what will happen.178. Where appropriate you case can also bereferred to the Housing ManagementPanel.The Housing Management Panel179. This is a panel of at least three officers,one of whom will be a manager. ThePanel will make all decisions onrequests for discretionary additionalpriority unless the case is considered anemergency. In these circumstances adecision can be made by a seniormanager before a meeting of the panel.Normally you will not be able to attendthe panel meeting, although inexceptional cases the Chair hasdiscretion to agree to your attendance.180. The officers on the Panel will not havehad anything to do with your casepreviously. They will make a decisionbased on the information and evidencethey are given about your case. It istherefore important that you tell theofficer who is investigating your caseeverything that may be relevant.181. The Panel sits regularly. If discretionaryadditional priority is awarded, the<strong>Lettings</strong> Sustainability Team will write toyou with the decision and anyconditions of the award. If it is decidedthat no priority will be given, or thatmore information is needed before adecision can be made, then the officerinvestigating your case will write to yougiving details.182. We aim to contact you within fiveworking days of the Panel meeting withdetails of the decision, the reasons for itand any conditions attached to it. If youdo not agree with the decision you canask for a review.What additional priority may beawarded to my application?183. There are two levels of additional prioritythat can be made to your application, a)additional priority social need award andb) emergency priority award. They areset out in detail below.Additional priority social need award184. This is one of the awards that can bemade by the Housing ManagementPanel. If it is awarded the application willbe placed in Band 1 Group B. Your28
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>preference date will be the date yourcase was first considered by the Panel.185. The <strong>Lettings</strong> Sustainability Officermanaging your case will review thepriority awarded to your applicationevery three months to confirm whetherthe award made to you continues to bejustified. If due to change ofcircumstances it is considered theaward is no longer justified yourapplication will revert to the statusbefore the award was made. It istherefore very important that youcontinue to report anything thathappens that may be relevant to youraward.186. It is important that you make aninformed decision about the type ofhomes that will become available. Theadditional priority you have been givenreflects a genuine and compellingreason for you to move. This will giveyou higher priority than most applicantsin housing need on the Housing List.187. Offers with this award will be made on alike-for- like basis, unless there aresound reasons why this should not bethe case. You will only receive one offerof suitable and reasonableaccommodation. Where appropriate youmay be made a direct offer.188. If you have not moved to permanentaccommodation within three monthsthen your application will be included onlists for all suitable and reasonablevacant homes that become available.When considering what is suitable andreasonable, you will be asked to confirmthe areas of the Borough or types ofproperty that you cannot live in. This isnot the same as properties you do notwant to live in and you will be asked toexplain why you are not able to considerthem. You will not be asked to live in anarea where you are not safe.189. If you refuse a home that is offered toyou, the additional priority awarded toyour application will be withdrawn. Iftemporary accommodation has beenprovided this will also be withdrawn. Ifyou do not attend a viewing, we willassume that you have refused theproperty unless there are genuinereasons why you could not turn up andyou could not tell us beforehand.190. If you disagree with a decision madeyou can ask for a review. (See Appendix3) Whilst we will consider every reviewon its merits, for a review to succeedthere should be genuine reasons whythe property was not suitable for you orwhy it was not reasonable for us tomake you the offer. We will considerwhether you have chosen the property(either in response to an advert or if theproperty meets the choices you havetold us about in the past) ; thecircumstances that you have told usabout justifying your application beinggiven higher priority ; and the reasonswhy you feel the offer made was notsuitable or reasonable.Emergency priority award191. This is the highest priority awardavailable and will only be given inexceptional circumstances. Yourpreference date will be the date yourcase was first considered by the Panelor the date of an award if the decision ismade by a senior manager. If awarded,the application will be placed in Band 1Group A. Applicants awardedemergency status are considered firstfor any suitable homes available.192. The <strong>Lettings</strong> Sustainability Officermanaging your case will review thepriority awarded to your every threemonths to confirm whether the awardmade to you continues to be justified. Ifdue to change of circumstances it isconsidered the award is no longerjustified your application will revert to29
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>the status before the award was made.It is therefore very important that youcontinue to report anything thathappens that may be relevant to youraward.193. It is important that you make aninformed decision about the type ofhomes that will become available. Theadditional priority you have been givenreflects a genuine and compellingreason for you to move. This will giveyou higher priority than any applicantson the Housing List except emergencycases agreed before you.194. Offers with this award will be made on alike-for- like basis, unless there aresound reasons why this should not bethe case. You will only receive one offerof suitable and reasonableaccommodation.195. If you have not moved in to permanentaccommodation within one month thenyour application may be included onlists for all suitable and reasonablevacant homes that become available.When considering what is suitable andreasonable, you will be asked to confirmthe areas of the Borough or types ofproperty that you cannot live in. This isnot the same as properties you do notwant to live in and you will be asked toexplain why you are not able to considerthem. You will not be asked to live in anarea where you are not safe. Whereappropriate a direct offer may be made.196. If you refuse a home that is offered toyou the emergency priority awarded toyour application will be withdrawn. Ifyou do not attend a viewing, we willassume that you have refused theproperty unless there are genuinereasons why you could not turn up andyou could not tell us beforehand.197. If you disagree with a decision madeyou can ask for a review (See Appendix3). Whilst we will consider every reviewon its merits, for a review to succeedthere should be genuine reasons whythe property was not suitable for you orwhy it was not reasonable for us tomake you the offer. We will considerwhether you have chosen the property(either in response to an advert or if theproperty meets the choices you havetold us about in the past) ; thecircumstances that you have told usabout justifying your application beinggiven higher priority ; and the reasonswhy you feel the offer made was notsuitable or reasonable.When you need re housing because ofthe condition of your home198. When a surveyor employed by either theCouncil or partner landlord reports that itis not reasonable or possible for you tocontinue to occupy your home whilerepairs are being carried out, yourapplication will be awarded anemergency priority and placed in Band 1Group A. The preference date will be thedate the award was made.199. Offers with this award will be made on alike-for - like basis, unless there aregenuine reasons why this should not bethe case.200. If you have not accepted an offer ofpermanent alternative accommodationwithin one month of the award beingagreed then your application will beincluded on lists for all suitable andreasonable vacant homes that becomeavailable. Where appropriate you maybe made a direct offer.201. When considering what is suitable andreasonable, you will be asked to confirmthe areas of the Borough or types ofproperty that you cannot live in. This isnot the same as properties you do notwant to live in and you will be asked toexplain why you are not able to consider30
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>them. You will not be asked to live in anarea where you are not safe.202. You will be made only one offer ofpermanent alternative suitable andreasonable accommodation with thispriority. If you refuse it then temporaryaccommodation will be secured for youfor the duration of the repair works andyou will be expected to move back toyour home once the repairs arecompleted.203. If we are not able to secure permanentalternative suitable and reasonableaccommodation for you within 3 monthsof the award being agreed, or if it is notsafe for you to continue to live in yourcurrent home, then temporaryaccommodation will be secured for youfor the duration of the repair works. Theemergency priority award will bewithdrawn and you will normally beexpected to move back to your homeonce the repairs are completed.What if I disagree with the Panel’sdecision?204. If you disagree with any decision of theHousing Management Panel you can askfor a review (See Appendix 3).205. Whilst we will consider every review onits merits, for a review to succeed thereshould be genuine reasons why theproperty was not suitable for you or whyit was not reasonable for us to make youthe offer. We will consider whether youhave chosen the property (either inresponse to an advert or if the propertymeets the choices you have told usabout in the past) ; the circumstancesthat you have told us about justifyingyour application being given higherpriority ; and the reasons why you feelthe offer made was not suitable orreasonable.How long before I am housed if I amawarded additional priority?206. We are not able to tell you how long youcan expect to wait before an offer ofalternative accommodation is made toyou. This is dependent on the number ofsuitable available homes that becomeavailable and the number of otherapplicants who may have greater prioritythan you. However applicants givenemergency status are considered firstfor all the homes available. Applicantsgiven discretionary emergency priorityare in Band 1, the highest priority bandin the <strong>Lettings</strong> policy.Priority Target Groups207. Listed below are groups of applicantsthat will be given additional prioritybecause of their specific circumstances;or that it is in the community’s interestto do so ; or where they may be astatutory duty. Applicants in thesegroups will be placed in Band 1 Group Band are referred to as “priority targetgroups”.208. Each year a target will be set for thesegroups that will be published in theannual lettings plan. The targets will bebased upon the number of applicantswho qualify for these groups and anassessment of the housing needs andpriorities prevailing in the borough inorder to balance the groups needs withother applicants and the housing supplyavailable. Targets will be decided inorder to plan for the anticipated numberthat will require housing.209. To qualify for a priority target group, youmust be eligible for the housing listaccording to the prevailing <strong>Lettings</strong><strong>Policy</strong>. It is in yours and your sponsor’sinterests to provide sufficientinformation and evidence todemonstrate that you are eligible.31
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>210. Unless otherwise stated, there will beno time limit on the choices you canmake when your application is in one ofthese groups. When considering what issuitable and reasonable, you will beasked to confirm the areas of theBorough or types of property that youcannot live in. This is not the same asproperties you do not want to live in andyou will be asked to explain why you arenot able to consider them. You will notbe asked to live in an area where youare not safe.211. It is important that you make aninformed decision about the type ofhomes that will become available. Youwill receive only one offer of suitableand reasonable accommodation withthis additional priority and if it is refusedthen the award will be withdrawn. Ifyour application is otherwise eligible forthe housing list it will be removed fromthe priority group and re-assessed forpriority.212. If you are offered a home but do notattend a viewing, we will assume thatyou have refused the property unlessthere are genuine reasons why youcould not turn up and you could not tellus beforehand.213. You can ask us to review the decisionsto withdraw any priority award as setout in Appendix 3. We will considerevery application for a review on itsmerits. For a review to succeed thereshould be genuine reasons why theproperty was not suitable for you or whyit was not reasonable for us to make youthe offer. We will consider whether youhave chosen the property (either inresponse to an advert or if the propertymeets the choices you have told usabout in the past) ; the circumstancesthat you have told us about justifyingyour inclusion in the quota group ; andthe reasons why you feel the offer madewas not suitable or reasonable.Care Leavers214. The Council’s Social Services LeavingCare Team will sponsor you for housingpriority. If you have not moved in topermanent accommodation within 6months then your application will beincluded on lists for all suitable andreasonable vacant homes that becomeavailable.City and Tower Hamlets Zone(CATHZO)215. The Council’s Host team thatadministers this Rough Sleeper Initiativesponsors single applicants living inhostel accommodation for housingpriority. You will be considered for bedsitor 1-bedroom properties only.216. If you have not moved in to permanentaccommodation within 12 months thenyour application will be included on listsfor all suitable and reasonable vacanthomes that become available.Intensive Living and Community Careand Support (ILCCS)217. The Council’s Adults Servicesdepartment that administers the ILCCSscheme and sponsors single peopleliving in hostel accommodation forhousing priority. You will be consideredfor bed-sit or 1-bedroom properties only.218. If you have not moved in to permanentaccommodation within 12 months thenyour application will be included on listsfor all suitable and reasonable vacanthomes that become available.Foster Carers219. If the Council’s Social ServicesDepartment will sponsor you forhousing priority you will normally beconsidered for one additional bedroomto that needed by your immediatefamily.32
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Living in a decant block with a Councilor partner landlord tenant220. You will placed in this group if you havebeen living with a Council or partnerlandlord tenant for the previous 12months as your only or principal homeprior to a decant being declared to theproperty.221. If you have not moved in to permanentaccommodation within 6 months thenyour application will be included on listsfor all suitable and reasonable vacanthomes that become available. Whereappropriate you may be made a directoffer.222. We are not able to guarantee that wewill be able to help you with re-housingbefore the tenant has to move. If youare still living with the tenant when theyhave to move you will be expected tomake your own arrangements forhousing and you may be able tocontinue with your housing listapplication from your new address.Sons and Daughters of tenants of CHRpartner landlords223. Your application can be placed in thisgroup if you have been living with yourparents for the previous five years asyour only or principal home, and theyare tenants of the Council or a CommonHousing Register partner landlord, andone of the following circumstancesapply:• your parents are registered on thehousing list and their application hasbeen awarded a health priority;• you need no larger than a home with1 bedroom and your parents aregiving up a 4 bedroom home or largerbecause they have been successfulfor the Cash Incentive Scheme;• you need no larger than a 1 bedhome and your parent/s also wish tomove to a smaller property wherethere is a net bed gain and a 2 bed orlarger property would be available tolet to another household on theHousing List. In these circumstanceswe will make direct offers to bothparties simultaneously to ensurevacant possession of the existingtenancy• your parents’ household (excludingyou and your immediate family andanyone else who is not theirimmediate family) is living inovercrowded conditions lacking twoor more bedrooms.224. We cannot guarantee that you will beoffered housing before your parentsmove. If you are living with them whenthey move you will be expected to makeyour own arrangements. If they do notgive their landlord vacant possessionthey may be asked to return any CashIncentive Grant. If your parents fail tomove once you do then, unless thereare justifiable circumstances, yourlandlord will seek possession of yournew home.Key Workers225. There are many public sector jobswhere it is very hard to recruit and retainessential staff. If you are employed fullor part time on a permanent contractwithin the Local Authority area as one ofthe following you will be considered forinclusion in a target group:• ambulance staff who are paramedics;• fully qualified nurses working in theBorough’s NHS hospitals;• fire fighters and police officersstationed in the Borough;• teachers working in the Borough’sLEA maintained schools226. This scheme aims to help those in theseoccupations who do not currently have asocial tenancy and/or do not currentlylive within a reasonable distance of theirworkplace.33
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>227. There is a serious shortage of homeswith four or more bedrooms. Thereforeif your household needs this size ofaccommodation you will not normally beconsidered for this priority.228. There are a small number of designated‘key worker’ blocks and you will be ableto apply for this accommodation in linewith the prevailing lettings policy.229. Some of the housing providers in theBorough offer shared homes. TheCouncil and partner landlord will onlyoffer you this type of home if you tellthem that you would be interested in it,or if there are a number of key workerswho want to share together and make ajoint application.Retiring from tied accommodation230. If you have been an employee of theCouncil or partner landlord and havebeen living in accommodation providedby them for the better performance ofyour duties for at least the previous fiveyears and you are retiring due to age orhealth grounds.Supported Housing Move-On231. If you are living in supported housingprovided by a RSL and you no longerrequire the specialist housing servicesprovided with your tenancy. To qualify tobe included in this priority group, yourapplication should be supported by theCouncil’s Adult Services Departmentand your landlord.Homeless and in priority need due tovulnerability232. If you are accepted as homeless andvulnerable due to age; mental orphysical illness; disability; risk ofviolence at home and/or institutionalbackground. See paragraphs 52 - 67 forfurther information regarding homelessapplicants.DecantsWhat happens if a decision is made torefurbish, redevelop or demolish myhome, and I have to move?233. If you are a Council or partner landlordtenant and your landlord makes adecision that you have to move then wewill do our best to ensure that you andyour family are re-housed to a home thatyou will be happy in. This process iscalled ‘decanting’. It means that aproperty has to be empty for works totake place or a decision to demolish theproperty has been made. This usuallyhappens only after residents have beenasked for their views or when there hasbeen an emergency leaving propertyunsafe. Unless otherwise stated here,the prevailing lettings policy will apply toall applicants. You will be told the dateon which your home has to be empty.This is called the ‘clearance date’.What happens if my home has to bedecanted?234. Your landlord will usually talk to youabout all the re-housing optionsavailable to you and your family. Someschemes may involve new homes beingbuilt. Others will mean you have theright to return to your old home onceworks are finished. You may wish tomove to another part of the Borough orconsider home ownership. We will try tohelp you make an informed decisionabout the best choices for your family.You will be asked to fill in a re-housingapplication form. If anyone in yourhousehold has special housing needsbecause of health or disability problemsyou will be asked to fill in a housinghealth assessment form.Will I be offered new homes beingbuilt?235. Many decant schemes include newhomes being built to replace thosebeing demolished. The new homes willusually be owned by a Registered Social34
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Landlord, not the Council. You may beoffered a tenancy with the new landlord.You will be told at the beginning of adecant scheme whether or not newhomes are being built. If they are, thenyou may be given the choice of them.We will try to develop a new home thatmeets your family’s housing needs butwe cannot promise that in every case itwill be possible. If more tenants wantnew homes than are being built or morethan one household wants a single plot,preference will be decided as follows:236. Tenants with decant status where theirclearance date is less than a year away;or need a 4 bed home or larger; or ahome that is wheelchair accessiblecategory A or B, will be placed in Band 1Group A. The preference date will be theclearance date. Priority for availablehomes will be given in preference dateorder with the tenant with the earliestdate being considered first and so on.Where tenants have bid for a home andhave the same clearance date, anytenants with a medical award or areovercrowded will be given preference. Ifthis does not resolve the issue, thetenant with the earliest tenancy date willbe given preference.237. Tenants with decant status in Band 1Group A who have not received oraccepted an offer within six months oftheir clearance date will have their casereviewed by a senior officer and whereappropriate, their priority may beamended.238. Tenants with decant status where theirclearance date is more than a year awaywill be placed in Band 1 Group B. Theirpreference date will be the clearancedate. Priority for available homes will begiven in preference date order as above.What happens if I have an “option toreturn”?239. Some regeneration schemes mean thatyour current home will be refurbished.Sometimes your home will bedemolished. In either case you may begiven an option to return to the newproperties built on the site of yourdemolished block or to your old homeonce works to it have been completed.You will be given a written promise ofthe option to return and the type of newhome that will be available to you. Yourlandlord will find a temporary home foryou to live in until you can returnpermanently. Wherever possible thetemporary home will be suitable for yourfamily’s housing needs. However, if wecannot find a property that meets allyour housing needs you may have tomove to a home that is like-for-like withthe home you are leaving. You may be ina temporary home for some time,maybe years if a new home is beingbuilt. If you change your mind and wantto stay in the temporary homepermanently, wherever it is reasonablefor you to do so we will agree.Do I have to move to new homes builtto replace my demolished home?240. Wherever possible you will be given thechoice of where you want to move to.However, you will be given a date bywhich you have to make a final decisionabout whether or not you want to moveto new homes being built. This is toensure that a home will be available foryou and choices about that home (suchas layout, colours, fittings oradaptations) can be made whilst it isbeing built.241. If you do not want to move to newhomes being built then your applicationwill be put in Band 1 Group A or B as setout above. You can then apply for anyvacant properties that are advertised.Your preference date will be theclearance date your landlord has35
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>decided is necessary to have theproperties empty. Preference will thenbe decided as set out above.What happens if I do not apply for anew home before the clearance date?242. Whilst we will try to help you find a newhome that meets all of your choices itmay not be possible. It is important thatyou make an informed decision aboutthe type of homes that will becomeavailable.243. If you haven’t been able to identify ahome you want then it may benecessary to serve a legal notice. This isa legal document that allows yourlandlord to ask a Court to instruct you toleave your home. You will not behomeless if this happens, as we willhave to assure the Court that we havesuitable alternative accommodationavailable for you to move in to. This maybe like-for-like the property you areleaving.244. Serving a legal notice is always a lastresort when you have not accepted anyof the other housing options available toyou. We have to do this to ensure that adecant scheme can proceed soprotecting the interest and rights ofother residents.If my home is being decanted howmany homes can I apply for?245. Until you accept an offer of re-housingyou can continue to apply for any homesthat interest you up until six monthsbefore the decant scheme’s clearancedate.246. If you have not moved by this date, thenyou will be made an offer of the nextproperty that we consider reasonable tomeet the minimum housing needs ofyour family. If you do not accept it thenwe may ask a Court to instruct you tomove as described above.247. If you are successful for an advertisedvacancy and it is suitable andreasonable your landlord will expect youto move to it. If you do not and a legalnotice has been served (as describedabove) either the property will be heldfor you or you will be made an offer ofthe next property that we considerreasonable to meet the minimum needsof your family. If you still do not movethen your landlord may ask a Court tomake you move.What size home can I apply for?248. You can apply for the size of home thatmeets the needs of your household, asdescribed above in paragraphs 78 - 82.249. However, if you currently live in a homethat is larger than that standard you canapply for a home that has one bedroomlarger than the standard to a maximumof the same size as your current homeup to a 3 bed property. If you choose toapply for a larger home than thestandard then it must be a flat ormaisonette on the same floor level asyou are now living. For example if youlive in a 3 bedroom flat on the 4th floorand you need a 1 bedroom home youcan apply for a 1 bedroom property onany floor level or a 2 bedroom flat ormaisonette on the 4th floor or above.250. There is a shortage of homes with fouror more bedrooms so you will only beconsidered for this size home if youneed it.251. If you choose to move to new homesbeing built you will only be consideredfor the size of home that meets theneeds of your household as set out inparagraphs 78 - 82.252. If you are a Council tenant and youagree to move to a smaller home youwill be entitled to the incentivepayments that are available as set out inparagraph 110.36
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>253. If, during the course of the decant, aseparate re-housing application isreceived from your address that hasbeen awarded additional prioritybecause of the decant (e.g. if your sonor daughter wish to be re-housedindependently) you will only be able toapply for a home the size of your ownassessed need.254. Will I get help with the cost ofmoving?255. If you have been living in the propertyfor at least 12 months before a decant isagreed then a ‘Home Loss’ payment willbe made. The Government, not yourlandlord, decides the amount, which isreviewed annually. At present theamount for a tenancy is £4,700. For jointtenancies only one payment is made.You will told if there is any change in thisamount following the annual review.256. Your landlord will also pay reasonableremoval expenses. This is for thingssuch as the cost of hiring a removal van;disconnection and reconnection ofservices such as gas, electricity andyour telephone; hiring a plumber toconnect your washing machine and anelectrician or engineer to move yourcooker. You should always use properlyqualified people and must ensure thatproperly registered fitter carries out anyworks to your gas supply.257. There is a maximum amount that will bepaid. When your landlord visits to talk toyou about the decant, they will tell youhow much you can claim. You will beasked to provide receipts that show thatyou have paid for the service. In somecases your landlord may be able to giveyou some of the money before youmove if you would otherwise havedifficulty paying for services at the timeof moving.258. If you owe your landlord money, such asrent arrears, they may deduct it fromany Home Loss or expense paymentsyou claim. If the money you owe is morethan you can claim you will be expectedto make an agreement to pay theoutstanding amount back.What happens to other people whowon’t be moving with me? Will theyget help finding a home?259. Anyone who is not your immediatefamily, as defined above, will have toregister separately for housing unlessyour landlord agrees otherwise. There isprovision to house them through apriority target group in Band 1 Group B.To qualify for this group the person mustbe able to prove that they were livingwith you in the property as their only orprincipal home continuously for at least12 months before the decant schemewas agreed.260. They must also be eligible to be on thehousing list. Their application will beplaced in Band 1 Group B. Theirpreference date will be the date thedecant was agreed. They can then applyfor advertised vacancies.261. If they refuse a home that is offered tothem their priority will be withdrawn. Ifthey do not attend a viewing, we willassume that they have refused theproperty unless there are genuine andsubstantial reasons why they could notturn up and could not tell usbeforehand.262. They can ask us to review a decision towithdraw any priority award (SeeAppendix 3)263. We will try to ensure that they have atleast one offer before you have to move,but we cannot promise that this willhappen. If they are still living with youwhen you are moving they will beexpected to leave the property when37
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>you do and make their ownarrangements for housing.264. You have to give your landlord vacantpossession of your home as describedabove. If you do not give vacantpossession your Home Loss paymentmay be withheld and your new homemay not be available to you.270. If you have not moved within one monthof the completion date of your propertybeing bought back then you will bemade an offer of the next property thatyour landlord considers reasonable tomeet the minimum housing needs ofyour family. If you do not accept it thenyour landlord may ask a Court to instructyou to move, as described above.265. Anyone who does not qualify for thisadditional preference may apply forhousing in the usual way but will beexpected to leave the property whenyou do and make his or her ownarrangements for housing.I own a home that is included in adecant scheme. Will I be re-housed?266. Unless there are exceptionalcircumstances, we will not consider youfor housing priority if you are ahomeowner. We may be able to helpyou find shared ownership or other lowcost home ownership opportunities, butonce your landlord has negotiated tobuy back your home, you will beexpected to make your ownarrangements for housing.267. On the exceptional occasions that it isagreed a homeowner is to beconsidered for housing priority, they willbe included on lists for all reasonablevacant properties that become available.268. If you are offered a property that yourlandlord thinks is reasonable and thenrefuse to move to it, the property will beheld whilst your landlord asks a Court toinstruct you to move.269. If you do not apply for a property thenyou will be made an offer of the nextavailable property that your landlordconsiders reasonable to meet theminimum needs of your family and thiswill be held whilst your landlord asks aCourt to instruct you to move.38
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Appendix 1 – How decisions aremade to place you in a BandBand 1 Group AEmergencies271. The decision to award an emergencypriority can be made by a seniormanager or the Housing ManagementPanel based on the individualcircumstances of the household. It willusually consist of a combination ofexceptional social/’welfare/ safety/medical and urgency factors affectingan applicant or their household thatcannot be adequately dealt with withinthe normal rules of the <strong>Lettings</strong> <strong>Policy</strong>.(see paragraphs 156 and 191 – 197).Decants272. The decision to decant a block can onlybe made by councillors (for Councilproperties) and Management Boards(for partner landlord properties). (Seeparagraphs 233 – 270).Ground Floor Priority273. The decision to award priority forground floor on medical or disabilitygrounds is made following a medicalassessment and recommendation by aHealth Advisor. (See paragraphs 147 –149).Under occupiers or downsizing274. If you are an existing social housingtenant applying for a home with at least1 bedroom less than you currently have– (See paragraphs 107 - 111). (If you area tenant of a landlord who is not apartner in the Common HousingRegister then a reciprocal agreementwill be required)Band 1 Group BPriority Medical Award275. This award is given following a healthassessment and recommendation by aHealth Advisor. (See paragraphs 126 –155).Priority Social Award276. The decision to make this award ismade by a Panel including a seniorofficer in circumstances as set out inthis policy. (See paragraphs 156– 73 and184 – 190)Priority Target groups277. The decision to make this award ismade by a <strong>Lettings</strong> Sustainability Officerif evidence is provided to verify that anapplicant meets the criteria for therelevant target group. (See paragraphs207 – 232 for details of the groups).Priority Target group - Singlehomeless in priority need due tovulnerability278. The Council’s homeless service makesthis decision following an assessment(see paragraphs 52 – 67).Band 2Homeless applicants with children andin priority need279. The Council’s Homeless Service makesthe decision on homeless applicationswhether the Council accepts a fullstatutory duty following investigationand an assessment. (See paragraphs 52– 67)Overcrowded applicants280. This will be based upon an assessmentand verification of your circumstances39
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>as stated on your housing application.(Note: Single applicants lacking a roomof their own will be included in thiscategory. This includes applicants whohave been found to be homeless butfollowing assessment are not in priorityneed).Band 3Applicants who are not overcrowded281. This will be based upon an assessmentand verification of your circumstancesas stated on your housing application.This will include applicants who aretenants of Common Housing Registerpartner landlords who are notovercrowded but wish to move to thesame size property.of the following apply, your applicationwill normally be placed in Band 4:• you have lived in the Borough for atleast six of the last 12 months; or• you have lived in the Borough for atleast three of the last five years; or• you have permanent employment inthe Borough; or• you have a close relative (mother,father, sister, brother, son ordaughter) living in the Borough andthey have lived in the Borough for atleast the last five years (Note: Proofof these relationships will berequired).Band 4RSL and local authority tenants whoselandlord is not a member of theCommon Housing Register282. If you are a social housing tenant thedecision about this depends upon onwhether your landlord is a signatory tothe Common Housing Register.283. However, if you awarded emergencystatus following an assessment of yourcircumstances your application will beplaced in Band 1 Group A. If you areawarded priority medical statusfollowing a medical assessment yourapplication will be placed in Band 1Group B.New applicants who own or part owna residential property284. A <strong>Lettings</strong> Customer Advisor will do asearch with the Land Registry to decideif this applies to you.Applicants without a local connectionto the area285. This decision will be made by a <strong>Lettings</strong>Customer Advisor who will investigateyour connection to the Borough. If none40
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Appendix 2 – Preference Dates286. Each applicant will be given apreference date on the Housing List. Insome bands this will be their originaldate of application. For others it will be adate of notification of their change ofcircumstances especially where higherpriority has been given. How thepreference date is decided for eachcategory in each band is set out below.Band 1 Preference datesGroup AEmergenciesGround FloorMedical/Disability/Wheelchair AccessibleCategory A or BPriority Decants(less than a year to clearance date – or as adecant require 4 bed or larger – or as adecant require wheelchair accessiblecategory A or B)Under OccupiersDate of AwardDate of application for medicalassessmentEarliest clearance dateGreatest number of bedrooms releasedfirst then date order of applicationGroup BPriority MedicalPriority SocialDecants(More than a year to clearance date)Priority Target GroupsPriority Target Group Single homelessassessed as in priority need due tovulnerability where the Council hasaccepted a full statutory dutyDate of application for assessmentDate of award by Housing managementpanelEarliest clearance dateDate of application for the target groupDate of application as homeless41
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Band 2 Preference DatesOvercrowded applicants on the HousingList on the date this <strong>Lettings</strong> <strong>Policy</strong> isimplementedNew applicants who are overcrowdedApplicants who are not overcrowded onthe date this <strong>Lettings</strong> <strong>Policy</strong> isimplemented who have since becomeovercrowdedApplicants moving from Band 1 to Band 2Homeless applicants with children wherethe Council has accepted a full statutorydutyOriginal date of application (defined asthe date the application was received)Date of application (defined as the datethe application was received)Date of notification of change ofcircumstancesEarliest preference date in Band 1 or 2 (ifthey were previously in Band 2)Date of application as homelessBand 3 Preference DatesApplicants who are not overcrowdedTenants of Common Housing Registerpartner landlords who are notovercrowded but wish to move to thesame size homeApplicants moving to Band 3 from Bands 1or 2 due to change of circumstancesDate of applicationDate of applicationEarliest date of applicationBand 4 Preference DatesNo local connectionProperty Owners or with an interest in aresidential propertyTenants of social housing landlords who arenot Common Housing Register partnersDate of applicationDate of applicationDate of application42
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>What if my circumstanceschange?287. If your circumstances change, forexample you change address or yourfamily composition changes, or youapply for additional priority on medicalor social grounds you may be moved toanother band and be given a newpreference date. The following rulesapply should this happen.moves to a lower priority band they donot lose time already spent on theHousing List in a higher band.Rule 1:288. When moving up a band, i.e. to a higherpriority band, a new preference datebased upon the change ofcircumstances will be given.289. The reason for this rule is that anapplicant will not overtake applicantsthat were already in the high priorityband before them.Rule 2:290. If an applicant moves from Band 1 toBand 2 - they will retain the earliestpreference date they were in Band 1 or2 (if they were previously in Band 2).291. Applicants in Bands 1 & 2 fall within thecategories where the law states theymust be given “reasonable preference”on the Housing List. The reason for thisrule is that if an applicant was in thiscategory in Band 1, it is consideredfairest that they do not lose time spentwaiting in a “reasonable preference”category if they move to Band 2 wherethey will also be in this category. Thepreference date will be the earliest datethe applicant was in reasonablepreference category.Rule 3:292. If an applicant moves from either Band 1or 2 to Band 3 or 4 – they will retain theirearliest date of application.293. The reason for this is that if, due to achange of circumstances, an applicant43
Tower Hamlets <strong>Lettings</strong> <strong>Policy</strong>Appendix 3 – Right of ReviewWhat if you make a decisionabout my application that I donot agree with?294. You can ask for a review on any decisionthat is made about your application. Youshould do this within 28 days of thedecision being notified to you. If you askus to review a decision to exclude youfrom the housing list, a more seniorofficer who did not make the originaldecision will carry out a review.295. If you ask us to review a decision on thesuitability or reasonableness of an offerof accommodation that you haverefused so that the priority awarded toyour application is withdrawn, a moresenior officer who did not make theoriginal decision will carry out a review.296. If you disagree with the Council’sdecision following a recommendation bya Health Advisor, an initial review will becarried out by another Health Advisorwho has not been involved in the firstassessment of your application forpriority on health grounds. The Councilwill make a decision based upon therecommendation of the second HealthAdvisor.by the Housing Management Panel, thePanel will first review any additionalinformation or evidence that ispresented. If you still disagree with thePanel’s decision, a more senior officerthan the chair of the Panel will carry outthe review which will be our finaldecision.300. For reviews of any other decision maderegarding your application, an officerwho was not involved in the originaldecision, but not necessarily someonemore senior to the officer, who madethe first decision, will carry out a review.301. If you wish to request a review of adecision it should normally be in writing.This is to make sure that we have arecord of what you have told us.302. In exceptional circumstances we willagree to you making the request inperson. We will aim to tell you the resultof a review within 56 days from the dateof your request unless it is necessary torequest further information. Normally,the decision is made more quickly thanthis. We will also tell you how we havemade our decision.297. If you still disagree with the Council’sdecision the matter will be reviewedagain by a Health Advisor in the PrimaryCare Trust. Following this HealthAdvisor’s recommendation a finaldecision will be made.298. Further enquiries may be made at anystage of this process if appropriate.299. If you ask us to review a decision aboutthe priority awarded to your application44
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