Lettings policy

Definitions

The definitions section sets out the meaning of words used in the lettings policy.

Allocation – the letting of a property to a customer on the housing register within Part 6 Housing Act 1996.

Anti-social behaviour – Behaviour or conduct causing or likely to cause nuisance, annoyance, harassment, alarm or distress to another person.

Bypass reasons – Circumstances where the ‘top ranked’ customer on the shortlist will not be offered the home.

Choice based lettings scheme (CBL) – CBL is a way of giving customers greater choice about where they wish to be rehoused, by enabling them to make expressions of interest in available properties. The CBL scheme is called ‘Leeds Homes’.

The Council – Leeds City Council; also includes officers of the Council and agents or contractors acting on the Council’s behalf.

Date of registration quota – where a proportion of lettings are made based on the customer’s date of registration on the Leeds Homes Register and a local connection to the Ward area the property is located in.

Direct lettings – properties let by making a direct offer without being advertised through Leeds Homes.

Eligibility – The government prescribes who is ‘eligible’ to be allocated a council property for example, someone who is not subject to immigration control.

Expression of interest – when a customer registers an interest in a particular property advertised through Leeds Homes.

Family member – The definition of family member is that set out in the Housing Act 1985.

Fast track – properties re-advertised through Leeds Homes because they have not been let on the first advert.

Household – the applicant’s family and any other people living with them

Introductory tenancy – An introductory tenancy is a periodic weekly tenancy granted under the Housing Act 1996 which usually lasts for 12 months.

Joint tenancy – where two or more people are tenants of the same property.

Leeds Homes Register – a register of housing applications reflecting the needs of customers in the Leeds area who need accommodation.

Lettings criteria – which groups of customers be considered for a particular property, for example, according to bedroom requirements and property type.

Local connection – as defined in s199 Housing Act 1996.

Local lettings policies (LLPs) – where a property is let with specific preference criteria for example, lettings in a particular area may only be made to customers over a certain age.

Joint applicant – where someone applies for rehousing as a joint customer.

Main applicant – where someone applies for rehousing as a sole customer.

Multi Agency Public Protection Agreement (MAPPA) – the statutory framework managing potentially dangerous offenders.

Mutual exchange – an exchange of properties between social housing tenants with the consent of their landlord.

Nomination – the rehousing by a Registered Provider of a customer in Band A or Band B of the Leeds Homes Register, or a customer eligible for a direct letting.

Offer bypass – where the top ranked customer is not offered a property, for example, if a customer has been assessed as requiring ground floor accommodation, they will not be offered a house with stairs.

Reasonable preference – the Housing Act 1996 (as amended) requires that a local authority gives reasonable preference for categories of customers due to property conditions, medical, social or hardship reasons.

Reduced preference – where the degree of preference given to a customer is reduced based on their behaviour such as rent arrears or anti-social behaviour.

Registered Providers – a term used to describe housing associations.

Right to review – customers can request a review of a decision made on their housing application.

Secure tenancy – A secure periodic weekly tenancy granted under the Housing Act 1985.

Succession – where a tenancy is passed on someone else living at the property, such as a spouse or family member, following the death of the tenant.

Qualification criteria – the council will consider whether a customer (or a member of his/her household) has been guilty of unacceptable behaviour which is serious enough to make them non-qualifying to be a tenant at that time.

Tenant transfer quota – where a proportion of lettings are made giving preference to Leeds City Council tenants above other applicants

Transfers – customers who are currently tenants of a social landlord wanting to be rehoused into another property of that landlord.

1. Introduction

1.1 Introduction to the lettings policy

1.1.1 The lettings policy was agreed by the council’s Executive Board on 18 October 2017 and implemented from 19 February 2019.

1.1.2 The lettings policy sets out how:

• the Leeds Homes Register operates
• the council assesses customers’ housing needs
• the council lets its properties, including its statement on offering choice; and
• how the council nominates customers to Registered Providers

1.1.3 All lettings of council homes and nominations to Registered Providers will be made in accordance with the lettings policy.

1.1.4 Leeds is one of the largest social landlords in the UK, and the provision of affordable and secure housing contributes to the ambitions and priorities of the Best Council Plan and the Breakthrough Projects. The lettings policy also links to the council’s Tenancy Strategy, Tenancy Policy, Housing Strategy and Homelessness Strategy.

1.2 Legislative and policy framework of the lettings policy

1.2.1 The lettings policy has regard to Housing Act 1996 as amended, Localism Act 2011, statutory Code of Guidance on the Allocation of Accommodation June, 2012 and other relevant legislation and government guidance.

1.2.2 The policy is supplemented by lettings procedures which provide more detailed guidance to staff on the application of the policy. The principles set out in this policy are guidelines and not absolute rules. All references to statutory materials are by way of summary and for convenience only, and are not to be used as substitutes for the details within the original.

1.2.3 The lettings policy is reviewed in light of new legislation or new working arrangements within the council. The reviews will be undertaken in accordance with the council’s constitution.

1.3 Information to customers

1.3.1 The council will provide information so that customers may judge:

• their housing need according to the lettings policy, in particular whether they will be in a preference band; and
• their likely waiting time for a property in their area of choice

1.3.2 Customers will also be given information about their right to a review and appropriate guidance on how to request a review.

1.3.3 The lettings policy and information about Leeds Homes is available from the Leeds City Council website www.leeds.gov.uk and at www.leedshomes.org.uk.

1.3.4 Information regarding the lettings policy is available free of charge at council housing offices and Community Hubs.

1.4 Statement on choice

1.4.1 Leeds City Council operates a choice based lettings scheme called Leeds Homes, which allows customers to express their preferences about the area and property they wish to live in. The scheme allows customers to make expressions of interest in advertised council properties, some Registered Provider properties and some privately rented properties owned by members of the Leeds Rental Standard.

1.4.2 The lettings policy outlines the types of property customers will be considered for, and the circumstances when the council may place expressions of interest in advertised properties on behalf of customers or make a direct offer of accommodation to a customer.

1.5 The aims and objectives of the lettings policy

1.5.1 To ensure the council fulfils its legal requirements in relation to lettings:

• to publish a lettings policy which includes the council’s statement on choice and outlines how the council assesses customers’ housing needs
• to ensure customers in reasonable preference groups are given preference for housing
• to support homelessness prevention
• to take account of local needs
• to meet other legislative requirements

1.5.2 To offer customers choice:

• to give customers the opportunity to express their preferences in properties advertised through Leeds Homes
• to maximise choice wherever possible, for example by ensuring the majority of available properties are advertised

1.5.3 To assist customers in the reasonable preference (priority) categories:

• to ensure the majority of council properties are let to customers in the reasonable preference groups
• to assist households with a need to remain in, or move to, a particular locality of the city
• to ensure effective use of social housing stock by reducing under occupation of social housing in Leeds, and reducing voids times by enabling properties to be advertised while on notice
• to increase the supply of properties available to let by advertising lettings by Registered Providers and private landlords who participate in the Leeds Rental Standard
• to encourage customers to consider a variety of housing options by providing information on alternative options such as mutual exchange or low cost home ownership
• where appropriate, to encourage customers to widen their choices beyond high demand property types and areas, for example, by providing information about likely waiting times and limiting the amount of time customers in housing need will be given preference for advertised properties

1.5.4 To provide an equitable, transparent, efficient and customer focused lettings system:

• to ensure consistency in the letting of council homes by publishing a single city wide lettings policy
• to ensure the lettings process is as transparent as possible, by making lettings in accordance with the lettings policy, offering customers choice, and publishing feedback on the results of lettings
• to offer customers choice in available properties
• to reward existing tenants who have kept to their tenancy agreement through the tenant transfer quota
• to ensure that customers are not discriminated against unjustifiably on the basis of disability, race, colour, ethnic origin, religion, age, sexuality or gender
• to correct mistakes promptly, and as far as is possible, put customers back in the position they would otherwise have been in
• to offer support to customers who require assistance with rehousing
• to ensure that the lettings service is as streamlined as possible, to achieve value for money for tenants and citizens of Leeds, and
• to review lettings processes regularly in response to customer feedback and to changes in the local housing market

1.5.5 To promote sustainable communities:

• to facilitate regeneration, for example by offering choice to customers seeking rehousing from clearance areas
• to support good housing management and make best use of social housing
• to operate approved local lettings policies in specific areas including policies tailored to high rise living, linked to investment and management plans
• to contribute to the delivery of other council strategies and priorities
• to assist local people remain in or move to a particular locality of the city, for example, by giving preference for a proportion of lettings to customers with a local connection to the area
• to assist in the creation of sustainable communities by applying the Qualification Criteria and reduced preference
• to support the culture of ‘Rent First’ in council housing

1.5.6 To enhance mobility of customers within, in and out of Leeds:

• to give preference to customers with a local connection to Leeds
• to promote mobility of council tenants with mutual exchanges
• to give customers who need to move to Leeds for employment or training opportunities reasonable preference
• to give effect to the statutory right to move provisions
• to support Armed Forces personnel who do not meet the strict local connection criteria to move to Leeds where appropriate

1.6 Monitoring the lettings policy

The council will monitor the lettings policy by:

• publishing the results of lettings made through the choice based lettings scheme
• monitoring lettings and nominations

2. Leeds Homes Register

2.1 Partner Registered Providers

2.1.1 The council maintains its housing register as part of a larger register known as the Leeds Homes Register, which is a common housing register.

Currently customers can apply for housing with the following social landlords by applying to the Leeds Homes Register:

• Leeds City Council
• Accent
• Anchor Housing
• Belle Isle Tenant Management Organisation
• Clarion Housing
• Connect Housing
• Home Group
• Leeds and Yorkshire Housing Association
• Leeds Federated Housing Association
• Leeds Jewish Housing Association
• Places for People
• Sanctuary Housing
• Together Housing Group
• Unity Housing Association
• Yorkshire Housing
• Your Housing Group

2.1.2 These landlords use the same application form and computer system for housing applications. They have access to data held on all applications, even if a customer has not applied directly to them. By making an application to join the housing register, the customer consents to their information being accessed by all our partner landlords.

2.1.3 Each of our partner landlords has signed an Information Sharing Agreement with the council which requires them to hold all customer information in accordance with data protection legislation and to take all reasonable skill, care and diligence in performing its obligations in relation to the housing register.

2.1.4 The landlords will not disclose confidential information to a third party except where:

• the individual who is the subject of the confidential information has consented to the disclosure;
• the Registered Provider or the council is required by law to make such disclosures; or
• disclosure is made in accordance with an information sharing protocol

2.1.5 The contract states that this clause will continue in perpetuity despite any termination or expiry of the agreement.

2.1.6 Registered Providers with housing stock within the Leeds area are generally expected to let a minimum of 50% of their properties through the housing register as nominations. The following lettings made by Registered Providers will be considered to be a nomination:

• customers from Band A or Band B of the Leeds Homes Register
• customers from a direct letting category, and
• other groups of customers as agreed with the council

Registered Providers may operate their own lettings criteria within the nominations framework.

2.2 Joining the housing register

2.2.1 All customers must be registered on the Leeds Homes Register before they will be considered for a council property or be nominated to a Registered Provider. Customers should complete a Leeds Homes Register application to join the housing register.

2.2.2 The council will use the information provided on the application to determine the type and size of property the customer requires, and whether a housing need assessment is required.

2.2.3 Normally, the council will only accept applications from customers and any person who normally resides with them as a member of their family, or any other person who might reasonably be expected to reside with them.

2.2.4 A customer can normally only be registered as a main or joint applicant or a ‘person to be rehoused’ on one active housing application. The main exception to this is where there are shared care or access arrangements for children.

2.2.5 Housing applications from council and Registered Provider tenants will be accepted, however, where appropriate, tenants will be encouraged to approach their current landlord for assistance in the first instance and consider a mutual exchange.

2.2.6 Any offer of housing made to Leeds City Council staff, Belle Isle Tenant Management Organisation staff or Board members, elected members or Registered Provider staff or Board members, will be approved by a senior member of staff. This also applies to relatives and household members of these groups.

2.3 Information held on the housing register

2.3.1 The information on the housing application will be held on a computer system. All housing needs, offers of council accommodation and nominations to Registered Providers will be recorded on this system.

2.3.2 Customers are expected to notify the council in writing of any changes in their circumstances which may affect their housing application. Any changes will be recorded on the computer system and may result in a reassessment, for example, of priority awarded or the number of bedrooms required.

2.3.3 Information held about an application and personal details will be kept in accordance with data protection legislation.

2.4 Verifying information received on the housing application

2.4.1 Where a housing application is made with insufficient information to enable the council to process it, the application will not be accepted. The date of registration will be the date the completed application is received by the council.

2.4.2 The council will verify the information provided on the housing application prior to any offer of accommodation being made. Normally, customers will be asked to provide proof of the following when they apply for housing (this list is not exhaustive):

• composition of the household
• identity of the household members
• 5 year housing history
• tenure type
• local connection
• eligibility, and
• meeting the Qualification Criteria to be a council tenant

2.4.3 Once the application is registered the main applicant will receive an acknowledgement informing them of:

• their housing application number
• the size of property to which they are entitled, and
• the housing need band their application has been placed in

2.5 Keeping the housing register up-to-date

2.5.1 The council will update the housing register where appropriate, including:

• when the customer informs us of a change of circumstance
• following periodic reminders
• as a result of receiving no response to contact, for example, to an offer of accommodation, and
• when updating information on the housing register, for example, by removing duplicate applications

2.5.2 The council will cancel a customer’s application from the housing register:

• on the customer’s request
• when the customer does not meet the qualification criteria to be a tenant, or is ineligible by reason of their age (i.e. under 16 years old)
• where the customer has more than one application registered or appears as a person to be rehoused on more than one application
• where a reply to any application reminder undertaken by the council is not received
• if any correspondence (such as an offer letter) is returned by the Post Office as undelivered
• when the customer has been rehoused by the council or a Registered Provider, including part ownership schemes
• where a council tenant’s tenancy ends or they complete a mutual exchange
• where a council tenant completes the purchase of their home through the right to buy, or
• when the council is notified that a customer is deceased, for example, by an executor or personal representative

2.5.3 The council will contact the customer using their last known contact details to inform them their application has been cancelled. In the event of a customer’s death, the council will contact the customer’s executor or personal representative to confirm that the customer has been removed from the housing register.

2.5.4 When a customer with a cancelled application reapplies for housing, the council will reassess the application (including any priority award) in light of the customer’s current circumstances.

2.5.5 If a customer’s housing application was cancelled in the last three calendar months, the date on their new application will be backdated to that of the original application. Where the housing application was cancelled over three months ago, the date of registration will not be backdated unless there are exceptional circumstances.

2.6 False statements and withholding information

2.6.1 It is an offence for anyone to knowingly or recklessly make a statement that is materially false, or to deliberately withhold information which the council reasonably requires them to give, or fails to notify the council of changes regarding their housing circumstances.

2.6.2 Leeds City Council takes fraud seriously, including cases of people:

• applying to the council as homeless when they already have somewhere to live
• applying for council housing using false information or identity, or
• subletting or not living at their council property, where this contravenes the tenancy agreement

2.6.3 The council will take legal action against customers who give false information or withhold information regarding their housing application which may include criminal prosecution under the Prevention of Social Housing Fraud Act 2013. If the customer has been allocated a property in these circumstances then the council or other landlord may take court action to evict the customer.

3. Scope of the lettings policy

3.1 Definition of a let

3.1.1 All lettings within Part 6 Housing Act 1996 will be made as:

• an introductory tenancy
• a secure tenancy
• a Family Intervention Tenancy
• a fixed term or flexible tenancy, or
• a nomination to a Registered Provider

Lettings will be made in accordance with the relevant legislation.

3.1.2 The council will normally grant one of two types of tenancy; ‘introductory’ and ‘secure’. All new tenants will be introductory tenants, unless they have transferred from another secure or assured tenancy held with Leeds City Council, another local authority or Registered Provider.

3.1.3 Where more than one adult (a customer aged 16 years old or over) applies for housing together, they can apply as joint tenants. Joint tenancies will only be granted where both the main and joint applicants are eligible and qualifying.

3.1.4 The housing register will include customers who may be eligible for:

• service tenancies for employees of the council, e.g. school superintendents and park wardens
• non-secure council tenancies created by the Housing Act 1985, or
• accommodation provided at the council’s Gypsy and Travellers site

3.2 Local letting policies

3.2.1 The council may operate local lettings policies to enhance the sustainability of defined communities. Where a local lettings policy operates, preference for offers of accommodation may be given to particular customer groups outside the reasonable preference categories. Local lettings policies will be evidence-based, and be approved for particular properties in defined geographic areas following consultation.

3.2.2 Overall, preference for allocations will be given to applicants in the reasonable preference categories and local lettings policies will not discriminate unjustifiably, directly or indirectly, on equality grounds.

3.2.3 All properties subject to a local letting policy will be clearly labelled as such when they are advertised through the choice based lettings scheme.

3.2.4 Local lettings policies must be approved by the council, and will be reviewed regularly.

3.2.5 The council will develop a new approach to local lettings policies called ‘Community Lettings Policies’ which will be based on local ward profiling information, including lettings to households with children at height, use of age preferences, local connection preference, good tenancy record and employment.

3.3 Council tenancies granted outside Part 6 Housing Act

3.3.1 A customer may take over a tenancy outside of Part 6 Housing Act, i.e. other than through the council housing register. This includes through succession, assignment, mutual exchange and through tenancy management where a joint tenancy becomes a sole tenancy or a sole tenancy becomes a joint tenancy. Further details are available in the council’s Tenancy Policy.

4. Eligibility for offers of accommodation under Part 6 Housing Act 1996

4.1 Eligible customers

4.1.1 The law states that some customers are not eligible to be considered for rehousing under Part 6 Housing Act 1996.

Eligible customers are those who:

• are aged 16 years old and over
• are not classified as ineligible under section 160ZA (2) or (4) Housing Act 1996, for example, certain persons subject to immigration control or persons from abroad. The law on eligibility is complex and subject to regular change. Staff can advise customers on individual cases, and
• meet the Qualification Criteria to be a council tenant

4.1.2 Where a customer aged 16 or 17 years old is housed by the council, the tenancy is conditional upon a responsible adult aged 18 years old or over signing the agreement on their behalf as a trustee.

4.1.3 An offer of accommodation under Part 6 Housing Act 1996 will only be made to 16 or 17 year olds if the council is satisfied the customer has adequate support in place to sustain the tenancy. The council may require 16 and 17 year olds to complete pre-tenancy training prior to making an offer.

4.2 Qualification Criteria to be a council tenant

4.2.1 When an application is registered, or while it remains on the housing register, the council may decide the customer is non-qualifying. The council will consider whether the customer or a member of his/her household, should be considered to be non-qualifying on the grounds of unacceptable housing-related behaviour.

4.2.2 Some examples of unacceptable behaviour include rent arrears, anti-social behaviour, criminal activity or damage to property, causing nuisance or perpetrating domestic violence or causing serious damage to property.

4.2.3 Each case will be considered on its own merits, following an individual assessment of the circumstances. This will include whether there has been any modification in behaviour and whether there are any extenuating circumstances such as vulnerability or safeguarding issues.

4.2.4 Customers will be treated as meeting the Qualification Criteria unless subsequently found to be non-qualifying to be a tenant. If the customer does not meet the Qualification Criteria to be a tenant, their housing application will be cancelled.

4.2.5 The Qualification Criteria will not normally be applied on the basis of rent arrears alone where the council:

• has assessed the customer as fleeing domestic violence
• has assessed the customer as needing to move urgently due to suffering severe harassment (including racial, sexual or homophobic harassment, or because of their disability or age), or
• has accepted the customer for rehousing under the Witness Protection Scheme

This does not affect the policy of applying the Qualification Criteria on other grounds, although each case will be considered individually.

4.2.6 The decision regarding a customer’s qualification will be made by a senior member of staff.

4.2.7 When the council decides that a customer does not meet the Qualification Criteria to be a tenant, the customer will be notified in writing of the decision and the reasons for it.

4.2.8 The customer may request a review of a decision to find them nonqualifying to be a council tenant.

4.2.9 If the customer considers that they should no longer be regarded as nonqualifying to be a tenant, they have a right to make a fresh application for accommodation (even if they have not requested a review).

4.3 Suitability to be a council tenant – reduced preference

4.3.1 A customer’s behaviour, and that of any household member, will be taken into account when making offers of accommodation. Where the behaviour is not deemed serious enough to justify a decision to treat the customer as non-qualifying, a customer in Band A or Band B may be given less preference in the allocation of a given property than customers in Band B without a record of such behaviour.

Each case will be considered on its own merits, following an individual assessment of the circumstances. This will include whether there has been any modification in behaviour and whether there are any extenuating circumstances such as vulnerability or safeguarding issues.

Customers who have deliberately worsened their circumstances may also have their preference reduced.

Once the council is satisfied that the behaviour has been addressed satisfactorily, the reduction in preference will be removed.

4.3.2 The following groups of customers will not normally have their preference reduced on the basis of rent arrears alone where the council:

• has assessed the customer as fleeing domestic violence
• has assessed the customer as needing to move urgently due to suffering severe harassment (including racial, sexual or homophobic harassment, or because of their disability or age), or
• has accepted the customer for rehousing under the Witness Protection Scheme

This does not affect the policy of reducing preference on other grounds, although each case will be considered individually.

4.2.3 Decisions about reducing a customer’s preference will be made by a senior member of staff.

4.3.4 When the council decides to reduce a customer’s preference, the customer will be notified in writing of the decision and the reasons for it.

4.3.5 The customer may request a review of a decision to reduce their preference.

5. Determining housing needs

5.1 Housing needs bands

5.1.1 Customers will have their household’s housing needs categorised into one of four bands on the Leeds Homes Register to reflect the degree of need; Band A, Band B, Band C or Band D.

5.1.2 The Housing Act 1996, as amended, states that when determining priorities under the lettings policy, the council must give reasonable preference to certain categories of people. This currently includes those:

• who are homeless
• who the local authority has a duty to accommodate
• occupying insanitary, overcrowded or unsatisfactory housing conditions
• who need to move on medical or welfare grounds, and
• who need to move to a particular locality to reduce hardship

5.1.3 The council will normally assess the customer’s housing need based on their usual residence, but where the customer has a legal interest in another property, the council will consider whether the customer could reasonably be expected to move to or return to that property.

5.1.4 The government has issued statutory guidance regarding the rehousing of Armed Forces personnel. In summary, the council must give additional preference for lettings to the following groups, where they have urgent housing needs:

• customers in the regular forces who are suffering from a serious injury, illness or disability which is attributable (wholly or partly) to their service
• customers who formerly served in the HM regular forces
• customers leaving accommodation provided by the Ministry of Defence following the death of their spouse or civil partner who has served in the regular forces and whose death was attributable (wholly or partly) to that service
• customers in HM reserve forces and are suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the applicant’s service

5.1.5 The council will normally prioritise Armed Forces personnel who have a connection to Leeds ahead of those with a connection to another authority. The council may waive the local connection criteria for Armed Forces personnel in certain circumstances, for example, where the customer has links to the Leeds area which fall short of satisfying the statutory definition, or where the customer is unable to demonstrate a connection to any other authority.

5.1.6 The Band A and Band B priority groups are subdivided into one of the following housing need streams:

• homeless
• medical needs
• housing conditions, and
• additional needs – children or general

Examples are given in the table below to assist customers to gauge which band they may be placed within. These examples are indicative, not exhaustive.

5.1.7 Summary of bands on Leeds Homes Register

5.1.8 A customer’s housing need may be reassessed at any point during the lifespan of their application, for example, following a change of circumstances.

5.1.9 The council will assess the composite needs of the household.

5.1.10 In certain circumstances, the council will recognise cumulative need where a household has more than one distinct assessed need which falls in Band A. This need is termed Band A+. Where this is the case, such customers will be considered as in greater need than other customers in Band A.

In certain circumstances, a household with more than one distinct assessed need which falls in Band B may be considered for an award of Band A on the basis of the cumulative needs.

5.1.11 Deliberate worsening of circumstances and reduced preference Customers who have deliberately and knowingly made their housing situation worse in order to achieve a higher housing needs band than the one in which they would otherwise have been placed, and acted unreasonably in doing this, will be subject to reduced preference and will only be considered for offers after other customers in Band A and Band B. These customers will not generally be considered for a direct offer of accommodation. This can apply to acts or omissions on the customer’s part or by a member of their household. The decision to reduce preference will be reviewed on a change in circumstances. An example of deliberately worsening circumstances could include people giving up secure accommodation to move in with another household in order to become overcrowded.

5.1.12 In summary a person has a local connection with the district of a local housing authority through:

• normal residence in an area, now or in the past, where the residence was the customer’s own choice
• being employed there (including people serving in the Armed Forces, Section 315 Housing and Regeneration Act 2008)
• family associations, or
• special circumstances

5.1.13 In certain circumstances, the council may waive the local connection requirement.

5.1.14 Date of priority awards

An award of Band A or Band B will normally be made from the date the housing needs assessment is completed. Cumulative priority awards will be dated from the date the customer was assessed as being in cumulative need.

The exceptions to this are:

• Armed Forces personnel leaving the services, who will have their priority award backdated to the date of their Cessation of Occupation Certificate
• Care leavers – on their initial approach for housing, priority will be backdated to the care leaver’s 16th birthday
• Households living in council high rise accommodation with dependent children who wish to move will have their priority backdated to their original acceptance on the housing register
• Permanent decants (clearance) – the priority will be backdated to the date of the relevant Leeds City Council delegated decision powers or Executive Board decision on clearance
• Service tenants for Leeds City Council – in cases of retirement, redundancy or redeployment the priority may be backdated to six months prior to their retirement, redundancy or redeployment date
• When customers move down a band, they will retain their earlier date of registration, for example, Band A to Band C or Band D. When they move up a band their date of registration will be reset to the date of the change, for example, Band D to Band C

5.1.15 Permanent decants (clearance) and award of Band A: Housing Conditions Where a customer’s property is scheduled for demolition or purchase under a Communities, housing and environment’ delegated decision or Leeds City Council Executive Board decision, the council will award affected customers Band A: Housing Conditions and encourage customers to make expressions of interest in properties advertised through Leeds Homes. Customers will also be considered for a direct offer of accommodation made by a direct letting.

5.1.16 Timing of the priority award:

• The decision on when to award Band A will be taken by the council Housing Office undertaking clearance, the office where the affected customer lives, or by the relevant council regeneration team
• Customers in different phases of a clearance scheme may be awarded priority at different times, depending on when their property is scheduled for clearance. This will allow customers moving from clearance areas to be rehoused in the order their property is due to be demolished
• Priority will be awarded to home owners once an agreement to purchase has been received by the council
• Priority will be awarded to private tenants once an agreement to purchase the property from the owner of the property has been approved by the council. Customers who take up a tenancy of that property after the owner has agreed to sell will not usually be eligible for an award of Band A – Housing Conditions, but will be considered in line with the general lettings policy

5.1.17 Separate applications:

• A separate application for housing may be accepted from family members, for example, where grown up children wish to be rehoused separately from their parents. Non-tenant household members will be expected to demonstrate they lived at the address as their principle home in the period before the clearance decision was made, and they must vacate the property before the tenant. Only one Home Loss Grant is payable in these circumstances.

5.1.18 Ring fencing:

• The council may ring fence areas to give preference to customers moving from a designated clearance area

5.1.19 Bedroom requirements:

• Customers moving from clearance areas will generally be made an offer of a property based on their assessed housing needs (e.g. bedroom requirements) unless there are exceptional circumstances. In ring fenced areas, offers may be made outside the normal assessed bedroom requirements

5.1.20 Temporary arrangements:

• Where a customer with a clearance priority has not been rehoused by the time their property is due to be demolished (or acquired for purchase) and they find their own temporary accommodation (for example, moving in with relatives on a short term basis), they will normally only be able to retain their priority for six months after they move to the temporary address. If they make a subsequent application for housing after this time, their needs will be assessed in accordance with the lettings policy

5.2 Length of time in a priority band

Customers in Band A and Band B will normally be given 180 days preference on the Leeds Homes Register for rehousing through the choice based lettings scheme, called ‘priority limit’. If the customer is unsuccessful in obtaining a property during the 180 day period then they will lose their priority preference, and be placed in Band C or Band D.

Where the council has a duty to secure accommodation to a statutorily homeless customer, they will be considered for a direct offer of accommodation 120 days after their initial priority was awarded.

5.3 Priority limit deferral

The award of a priority to customers who are not ready to move may be deferred temporarily.

5.4 Priority limit extension

5.4.1 Customers may request an extension of their priority award. All requests for extensions of priority will be considered, but not requests made within the first 150 days of the priority period.

5.4.2 Customers should contact the housing office holding their housing application to request an extension of their priority award.

5.4.3 Decisions on whether to extend the priority award will take into account the following (this list is not exhaustive):

• whether there has been a change in the customer’s circumstances since the priority was awarded
• whether the customer has been making appropriate expressions of interest in advertised properties
• whether the customer has any particular support needs relating to their rehousing
• the number of suitable properties advertised during the priority limit time
• the level of demand for suitable properties
• the customer’s position for properties they have expressed interest in through the choice based lettings scheme, and
• whether the customer has completed reasonable actions required by them as part of their Personal Housing Plan under the Homelessness Reduction Act

5.4.4 Customers will receive notification of whether the extension has been permitted and length of the extension, which will generally be for a further 180 days. Customers have the right to request a review of a decision not to extend their priority.

5.5 Bedroom requirements

5.5.1 The council will ensure that customers are considered for accommodation appropriate to the needs and size of their household. The council will assess the number of bedrooms required based upon the number of people to be rehoused, and the ages and gender of any children.

5.5.2 A separate bedroom ought to be available based upon the council’s standard for:

• each adult (age 16 years or over), except when living together as partners, and
• two children, unless they are not the same gender and one is 10 years or over. In this case separate bedrooms should be available

This list is not exhaustive.

Normally, no more than two people should share a bedroom.

5.5.3 On receipt of proof of pregnancy (a doctor’s or midwife’s letter or MAT B1 form), the unborn child will be included in the bedroom calculation. For the purposes of the bedroom calculation, the unborn child is assumed to be able to share with another child in the household. Customers will be expected to provide further proofs such as a birth certificate to retain any extra bedroom allowance.

5.5.4 Circumstances may arise where the council may consider awarding an additional room, for example:

• where a customer requires a carer to live with them or equipment or adaptations which require more space
• where a customer requires more space due to a medical condition
• to allow an adaptable property to be adapted, for example, to enable a through floor lift to be fitted
• on request from Children’s Services or a council-approved Occupational Therapist, for example, to enable a foster placement to continue

5.5.5 In exceptional circumstances the council may permit customers to under occupy or over occupy a property (if the customer elects to do so).

5.5.6 In exceptional circumstances a customer may be considered for a range of property sizes in order to maximise their opportunity of securing suitable rehousing.

5.5.7 The council will make a decision about which parent or guardian it deems has the primary care of the child. This will be based on the individual merits of each case taking into account receipt of child benefit, court orders, percentage of time spent caring for the children, the regularity and permanence of the arrangement, and whether the council already provides accommodation for the primary carer.

5.5.8 Where a customer does not have primary care of dependent children, but shares care, either as a result of a court order or an informal arrangement, the council will consider the size and type of accommodation that is appropriate to either parent or guardian on a case by case basis.

5.5.9 Where a customer has access to children, they will normally be assessed as requiring one additional bedroom.

5.6 Property type

5.6.1 The council will allocate different property types to certain groups of customers.

5.6.2 Adapted properties will normally be offered to customers requiring the adaptations, as assessed by a council-approved occupational therapist. The council may advertise accessible ground floor flats which are capable of being adapted and other adaptable properties to give preference to disabled customers.

5.6.3 Non-Retirement LIFE bungalows will normally be offered to customers age 60 years old and over, and to disabled customers with an appropriate housing recommendation.

5.6.4 Houses and maisonettes with two or more bedrooms will normally be allocated to households with primary care of dependent children ahead of households made up of parents or guardians with access to children or households made up of adults only. Parents without primary care will normally be considered for an offer of a flat. Customers with a household member who has an appropriate medical recommendation from the council will also be considered for offers of houses and maisonettes (where the property is reasonably and practicably capable of being adapted to their needs).

5.6.5 Applicants for older people’s housing will qualify for certain types of properties depending on their circumstances.

Category 2 Retirement LIFE accommodation in dispersed housing (with no communal areas) benefits from a visiting support officer, Monday to Friday, and is for customers who are age 60 years old and over or have a medical recommendation.

Category 2 Retirement LIFE accommodation in a complex (with communal areas) benefits from a visiting support officer, Monday to Friday, and is for customers who are age 60 years old and over and have a medical recommendation.

In all cases, customers being considered for offers of Retirement LIFE housing must have demonstrable care and support needs such as:

• age related frailty
• physical and mental health issues
• multiple health problems that mean the individual needs support
• sensory impairment
• loneliness and isolation or safety and security
• current and future ability to utilise the support service

Rehousing other household members in of Retirement LIFE accommodation:

• where the spouse, civil partner or partner of an applicant who meets the above criteria is under 60 themselves, they may be rehoused with the main applicant but not as a joint tenant
• applicants with other household members aged between 16 and 59 years old will normally only be considered for self-contained, dispersed accommodation but not complexes with communal areas
• applicants with dependent children under 16 years old will not normally be eligible for of Retirement LIFE housing, and will be expected to apply for family accommodation

5.6.6 Offers of high rise accommodation will be based on the block’s designation, for example, as a family friendly block, Family Friendly’; a block deemed unsuitable to offer to households with children; ‘Enhanced Support’ or ‘Retirement/Retirement plus’. High rise properties will not normally be allocated to customers age 16 or 17 years old.

5.6.7 Properties suitable for customers with pets Customers require written permission to keep a pet in a council home, the Council’s Pets Policy contains further details.

6. Choice based lettings

6.1 Leeds Homes

6.1.1 Under the Leeds Homes choice based lettings scheme, available council and some Registered Providers and Leeds Rental Standard properties are advertised at www.leedshomes.org.uk.

6.1.2 Customers can make expressions of interest in or ‘bid’ for properties, rather than wait to be allocated a property by the council. Support is available for customers who require assistance with rehousing.

6.1.3 Available properties are currently advertised for 6 days, from Wednesday to Monday, other than Fast track properties which may be advertised on any day. On some bank holidays, such as Christmas and Easter, the advertising period may last an additional week.

6.2 Advertising criteria

6.2.1 The property advert will stipulate the lettings criteria for the property, for example in terms of bedroom requirements. Customers who do not meet the lettings criteria may not be able to bid for or be considered for the property.

6.2.2 The council may advertise a property as a sensitive let, meaning the council will undertake enhanced checks on prospective tenants, for example, to ensure the letting is made to a customer without a record of antisocial behaviour. Examples of where this may occur include where the previous council tenant has been evicted for antisocial behaviour or where the tenant has given notice following the council issuing possession proceedings based on antisocial behaviour.

6.2.3 Registered Providers who advertise available properties through Leeds Homes use their own lettings criteria to decide which customer to offer the property to.

6.2.4 Members of the Leeds Rental Standard who advertise properties through Leeds Homes use their own criteria to assess bedroom requirements, to select the successful applicant and will not necessarily select the customer with the highest priority.

6.2.5 Properties are advertised through Leeds Homes:

• according to the priority band of the customer
• under a tenant transfer quota giving preference to Leeds City Council tenants with a good tenancy record and a local connection to the Ward area, and
• under a quota system according to the length of time the customer’s application has been registered and having a local connection to the Ward area

6.2.6 Under the priority quota, approximately 75% of council properties will be advertised to give preference based on housing need band.

6.2.7 Under the tenant transfer quota, up to 10% of council properties will be advertised to give preference to Leeds City Council tenants with a good tenancy record and local connection to the Ward area the property is located in. This will be further split 50-50 between housing need and date of registration.

6.2.8 Under the date of registration quota, up to 15% of council properties will be advertised to give preference to customers with a connection to the Ward area the property is located in with the longest date of registration on the Leeds Homes Register, regardless of their priority band.

6.2.9 The tenant transfer and date of registration quotas will apply to properties advertised across all geographical areas and property types, other than adapted properties, bungalows and of Retirement LIFE accommodation. The council will review this ratio, and may suspend the quota system in the event of an emergency situation arising (for example, widespread flooding) which requires the policy to revert to prioritising reasonable preference customers for rehousing.

6.2.10 All council properties that are not let on the first advertisement will be readvertised as ‘Fast track’ properties. Fast track properties may be added to the Leeds Homes website on any day of the week and will normally be advertised for at least one day. Fast track properties will normally be allocated based on housing needs as well as meeting any other lettings criteria.

6.3 Making expressions of interest or ‘bidding’

6.3.1 Customers can make up to 3 expressions of interest in council properties and 3 in Registered Provider properties each week (up to 6 in total).

6.3.2 The council may place expressions of interest on suitable properties on behalf of customers in Band A or Band B. If the customer subsequently tops a property shortlist and the offer is deemed to be reasonable and suitable, they will be offered the property.

This may be where the customer requires support with bidding, or where a customer is considered to be bidding unrealistically where, given their band or date of registration, they have little realistic chance of success. Where possible, officers will discuss the issue with the customer, to advise the customer of what sort of bids would be realistic, and what the consequences of continuing to bid unrealistically (or failing to bid) are, before deciding to place expressions of interest on the customer’s behalf.

6.3.3 Supported bid may be made as either:

• Auto-bids where bids are matched by the IT system and placed towards the end of the bidding cycle, or
• Administration bids where bids are made by staff manually and cannot be withdrawn by the applicant

6.4 Shortlisting

6.4.1 At the end of the advertising period, expressions of interest in council properties will be ranked according to the lettings policy criteria, and the offer made to the highest ranked qualifying and eligible customer. If the top ranked customer refuses the offer, the property will be offered to the second ranked customer, and so on, until the property is let.

6.4.4 A shortlist of matching customers who have placed bids on the advertised property will be drawn up at the close of the bidding cycle, and offers of accommodation will be based on this list.

6.4.5 Council properties advertised according to the priority quota will normally be offered to the customer in the most housing need to make an expression of interest in the property. This will generally be in order of:

• housing need band: Band A, Band B, Band C and then Band D
• date of priority award (if relevant)
• date of registration of their membership

6.4.6 Under the tenant transfer quota, preference for offers of accommodation will be given to customers:

• who are Leeds City Council tenants
• with a connection to the council Ward area the property is located in and
• who can demonstrate a good tenancy record

6.4.7 Under the date of registration quota, preference for offers of accommodation will be given to customers:

• with the longest date of registration on the Leeds Homes Register
• with a connection to the council Ward area the property is located in and
• who can demonstrate a history of good tenancy behaviour

6.4.8 Offers of Fast track properties will normally be made to the customer in the highest housing need who meets the lettings criteria, but offers may be made outside this order.

6.4.9 In all cases the council will seek to make the offer to the customer meeting the lettings criteria stated in the property advert, for example, meeting the requirements for a particular property type or a local lettings policy, and based on the most appropriate use of the home to let, for example, based upon ‘best fit’ for the number of children in the home.

6.4.10 The council may require prospective applicants to complete pre-tenancy training prior to making an offer of accommodation, or undertake a home visit to ensure the applicant has maintained their current tenancy to a good standard.

6.5 Feedback on lettings outcomes

6.5.1 Feedback on council homes that have been let will normally be published on the Leeds Homes website, including the successful customer’s priority band and date of priority or registration.

7. Direct lettings of council accommodation

7.1 The majority of available council properties will be advertised through the choice based lettings scheme. However, there are circumstances where a property may be allocated outside the choice based lettings scheme by a direct letting.

7.2 Direct lettings will only be made to customers assessed as being eligible for a direct offer.

7.3 Council properties let through direct lettings will not be advertised through Leeds Homes. However, feedback that they have been let will normally be published.

7.4 Customers who are eligible for a direct letting will normally be made one reasonable offer suitable to their household’s housing needs.

7.5 Where possible the offer will take into account customers’ preferences, for example, property type and area. In some circumstances this will not be possible, for example in areas where demand for social housing is high and available properties are in short supply.

7.6 Statutorily homeless customers will generally be given a minimum of 120 days preference on the Leeds Homes Register in which they can make expressions of interest in advertised properties. If they have not secured rehousing during this time, a final offer will be made to discharge the council’s duty to them, regardless of whether their priority has been extended. The length of time it will take to make a final offer will depend on the availability of a suitable property. The final offer may be made by a direct letting or through Leeds Homes, including by an automated or administration bid.

7.7 Direct lettings will generally be made in the date order customers were assessed as being eligible for a direct letting. For statutorily homeless customers, this will generally be the date their homeless priority was awarded.

7.8 However, in some circumstances offers will be made outside this order, for example, to meet an approved corporate objective or in response to an urgent request from Leeds City Council’s Resilience and Emergencies Unit.

7.9 Direct letting categories

The table lists the direct lettings categories for council properties with illustrative examples of the circumstances in which a customer will qualify for a direct letting.

Legal duties

Approved corporate objectives

Lettings of specific property types

Management purposes

8. Offers of accommodation

8.1 General

8.1.1 Offers of council accommodation are made on the basis of the information on the customer’s housing application and in any housing needs assessment. It is the customer’s responsibility to inform the council of any changes in their housing circumstances.

8.1.2 Customers will only be made one offer of accommodation at a time. Once they have been made an offer they will not normally be considered for other properties.

8.1.3 The council may withdraw an offer of accommodation, for example, with the customer’s agreement, or where there is a change in the customer’s circumstances which affects their application.

8.1.4 Prior to making a formal offer of accommodation, the council may request proof of identification, eligibility or qualification. Customers will be contacted and asked to provide supporting evidence within a reasonable timescale.

8.1.5 At the time of signing their tenancy agreement the main and joint tenants will be expected to provide proof of their identity, such as:

• recognised photographic identification for example a passport, photographic driving licence
• a photograph of themselves, or
• have their photograph taken by the lettings staff

Photographs will only be taken with the customer’s consent, but if refused the reason for refusal will be noted and countersigned by the tenant.

8.1.6 The council may operate tenant ‘meet and greet’ schemes, which give prospective tenants the opportunity to meet a registered tenant group’s representative. The tenant representative will give information about living in the area and the work of the tenant group. The tenant group’s representative will not be involved in the lettings process or decision.

8.2 Offer bypass reasons

For all offers of accommodation there are exceptions to the general order of making lettings. In certain circumstances the ‘top ranked’ customer on the shortlist will not be offered the property. The circumstances where a customer may be bypassed are outlined in the table below:

9. Refusal of an offer

9.1 When a customer refuses an offer of accommodation the council will consider whether the refusal was reasonable.

9.2 Every decision will be made on a case by case basis, however, the council will take into account the following factors:

• property size – based on the customer’s assessed bedroom requirements
• property type – based on the lettings policy criteria, medical housing or council-approved occupational therapist’s recommendation
• property condition – whether the property meets the lettings standard, or will meet it following repairs
• whether the property has the potential to meet a disabled customer’s needs following adaptation. This will be based on the recommendation of a council-approved occupational therapist
• geographical location of the property – whether the property is within a reasonable travelling distance for employment, support, schools and considering the reason for any priority award
• the demand for and supply of similar properties in the customer’s preferred areas; and
• whether the offer was made as a direct offer, as a result of a supported bid or because the customer made an expression of interest through the choice based lettings scheme in the property they subsequently refused

9.3 Where an offer is made of a suitable property in terms of size, type, condition and geographical location (taking into account demand and supply), the council will generally consider a refusal to be unreasonable.

9.4 If a customer refuses an offer made through a nomination by a Registered Provider solely because there is no right to buy associated with the property, the council will consider this to be an unreasonable refusal.

9.5 If a customer in Band A or Band B is made a reasonable offer and refuses it then they may lose their priority preference and / or their direct let status, remaining on the housing register in Band C or Band D.

9.6 If a customer in Band C or Band D is made a reasonable offer and refuses it then their date of registration may be reset to the date they refused the offer.

9.7 Where a customer’s priority has been removed due to an unreasonable refusal, any further offers will normally be based on their new priority band, i.e. Band C or Band D.

9.8 Customers have the right to request a review of the decision to remove their priority or change their date of application following the refusal of an offer of accommodation. Statutorily homeless customers have an additional right to request a review of the suitability of the accommodation offered to discharge the council’s duty to them, regardless of whether or not they accept the offer.

9.9 The council will consider that an offer has been refused if it receives no response to the offer or if an offer letter is returned as undelivered. In these cases, the housing application will normally be cancelled.

10. The right to review

10.1 All customers have a statutory right of review on certain Part 6 allocations decisions. This includes decisions:

• about the facts of the case
• that the customer does not meet the Qualification Criteria, or
• that the customer is ineligible for council housing because of immigration status

10.2 A customer must normally request a review within 28 calendar days of being notified of the decision.

10.3 All notifications to customers of their housing need award will advise them of their right to a review and provide appropriate guidance on how to request a review.

10.4 When a request for a review is made the council will provide the customer with details about the review process, including guidance on how to present information for the review to consider.

10.5 The right to request a review is in addition to the statutory right to review for homelessness decisions (Housing Act 1996, Part 7). Customers must request a review under Part 7 within 21 calendar days of being notified of the decision.

10.6 The review will be held by senior managers who have not been involved in the original decision.

10.7 The council will notify the customer of the review decision in writing within eight weeks of receiving the request for the review (or a longer period if agreed in writing by both parties).

10.8 A customer does not have the right to request a review of a decision reached by an earlier review.

11. Role of Elected Members

11.1 The Allocation of Housing (Procedure) Regulations 1997 prevent an elected member from being part of a decision-making body (i.e. the housing authority or any sub-committee) or making an allocation at the time the allocation decision is made, when either:

(a) the unit of housing accommodation concerned is situated in their electoral ward, or

(b) the person subject to the decision has their sole or main residence in the member’s electoral ward.

11.2 The regulations do not prevent elected members’ involvement in allocation decisions where the above mentioned circumstances do not apply, nor do they prevent a ward member from seeking or providing information on behalf of their constituents, or from participating in the decision making body’s deliberations prior to its decision.

Elected members remain responsible for determining allocation policies and monitoring their implementation.

12. Compliments and complaints

12.1 In addition to the review process, the council has a compliments and complaints procedure. Leeds City Council is committed to providing services that are efficient and effective, and is committed to equal access for all.

12.2 Information about how to make a compliment or complaint about council services by is available at www.leeds.gov.uk/complaints.