Brighton & Hove City Council Housing Allocation Scheme 2025.
If you try to obtain accommodation by making a false or misleading statement, by withholding information or by failing to inform us of a change in your circumstances, it is likely that your application will be cancelled. You may also be prosecuted.
If you have moved into a council or housing association home, legal action may be taken against you to recover possession of the property. You may also be guilty of a criminal offence and be fined.
This authority is under a duty to protect the public funds it administers, and to this end may use the information you provide for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.
This document is the Housing Allocations Policy used by the council with effect from April 2025. The council is required by section 166A(1) of the Housing Act 1996 to have an allocation scheme for determining priorities and for defining the procedures to be followed in allocating housing accommodation. Brighton & Hove City Council operates a Choice Based Lettings scheme, except in the limited circumstances set out in this policy.
For the purposes of Part 6 of the Housing Act 1996, a housing authority allocates accommodation when it selects a person to be:
The nominations to PRPs are made using the same priorities as for allocations to council dwellings where they are made under an obligation of a nominations agreement.
However, where nominations are made to properties that fall outside of nominations agreement quotas the council respects the integrity of the lettings policy of the PRPs concerned. The scheme only covers allocations made by the council exercising its housing authority functions. The scheme also applies to existing council and housing association tenants who request an application for a transfer and the council has reason to believe that they have a reasonable preference (s159 (4B)).
This policy meets the requirements set out in Part VI Housing Act 1996 (as amended by the Homeless Act 2002). It also contains flexibilities introduced under the Localism Act 2011. In developing this policy, the council has had due regard to guidance issued by the Secretary of State, giving reasonable and additional preference to applicants in the greatest need. It incorporates the council’s key objectives outlined in the following strategies:
Demand for social housing far exceeds the supply of accommodation that becomes available. Whilst the council remains committed to offering choice (s166(2)(a)) to those seeking housing the policy is framed to take into account the limited availability of social housing in the city and the need for the council and partner landlords to have an efficient lettings process to reduce letting times and rent loss on vacant properties. Homes let for the first time via this policy will be subject to local lettings plans.
Under the Choice Based Lettings Scheme, called Homemove, applicants (who are eligible and qualifying applicants) are placed into one of 4 priority bands that will take account of their housing need according to circumstances of the household. Applicants will become members of Homemove and actively search for available homes. Vacant properties (s166a(2)(b) are advertised on Homemove, which is an internet based portal. Applicants must bid for properties in their assessed need. Mobility-accessible, adapted, sheltered and extra care properties will be classified and offered to applicants with an assessed matching need for these properties.
The council’s Choice Based Lettings Scheme aims to ensure that our services are fair and equitable for our customers.
We want our services to be accessible and useful to everyone regardless of:
This policy is however subject to eligibility and qualifying persons under the Housing Act 1996 (s160ZA). Eligibility is prescribed under the act and it is unlawful for the council to allocate to a person who is prescribed as ineligible under the Act. The council has the power to classify if a person is a qualifying person. The council has taken into account its equality duties in framing those that may not qualify to join the Housing Register. This policy has been drafted with reference to the Equality Act 2010 in particular to the council’s Public Sector Equalities Duty.
The council has adopted the Commission for Racial Equality’s Statutory Code of Practice on Racial Equality in Housing and the statutory guidance Improving Access to Social Housing for Victims of Domestic Abuse.
Brighton & Hove City Council is committed to dealing with applications in an efficient and timely manner. In order to achieve this aim the council uses self-service options on-line. The council is committed to help those who need assistance to access social housing in the city. We work closely with agencies and supported housing providers to try to assist customers to access this scheme and ensure that information meets the requirements of people with a disability, sensory impairment or language need. This will include access points where on-line facilities are available across the city.
This policy was developed following a citywide consultation and an Equalities Impact Assessment.
The council must make difficult choices as resources reduce. It is expected there will be a fall in the number of available lettings. The council must prioritise allocating scarce housing resources flexibly and to those in the greatest need.
Our priorities are:
As you may be aware, there is a shortage of social housing in Brighton & Hove and a huge demand for accommodation. This means that council and housing association properties are not widely available and usually only go to those who are in the most need. Here are some other housing options you may wish to consider
The Housing Advice and Triage Team is centred on preventing homelessness by offering housing options tailored to individual needs. They can offer specialist housing advice to help you keep your current home, advice for people who need support to live independently and advice on alternative housing options.
You can apply to the private rental agencies in the area for suitable accommodation.
You may be eligible for help with paying your rent by claiming Universal Credit.
There are mutual exchange systems for council or housing association tenants who wish to swap their homes. Go to the Exchange Locata website or speak to your landlord.
The council helps people who are looking to relocate to other parts of the country where there is some available social rented housing if you are interested in relocating.
Find out about low cost home ownership to buy a home in or around the city.
Any person may apply to the council for allocation of housing. However, housing will only be allocated to applicants who are registered on the council’s housing register for social housing and to be registered an applicant must be:
All applicants will be eligible unless they are persons prescribed within the Housing Act 1996 S.160ZA(1) or by regulations made by the Secretary of State. This generally applies to persons from abroad without settled immigration status in the UK, apart from a limited number of exceptions.
A person will be considered to be ineligible for an allocation of under s160ZA if they are:
The Secretary of State has issued regulations in regard to the above and they can be found in Annex 1 of this policy.
Where a duty is owed to an applicant who is found to be homeless only by reliance on a household member who is a “restricted person” within the meaning of s184 of the Housing Act 1996, the applicant will not be given any preference under the scheme for an allocation of accommodation. The council will, so far as practicable, bring the duty to secure accommodation to an end by ensuring that an offer of accommodation, in the private sector for a period of at least 12 months, is made to the applicant. A restricted person is defined as someone who requires leave to enter or remain in the UK and does not have it, or a person who does have the required leave but that leave was granted on the condition that the person may not have recourse to public funds.
Under s160ZA (1)(b) the council cannot grant a joint tenancy to 2 or more people if any one of them is a person from abroad who is ineligible. Where 2 or more people apply and one of them is eligible, the council may grant a tenancy to the person who is eligible. In addition, whilst ineligible family members must not be granted a tenancy they may be taken into account in determining the size of accommodation which is to be allocated.
The Secretary of State may issue regulations at any time under the Housing Act 1996. Local Authorities are notified of any such changes by way of statutory instruments, approved by Parliament. Eligibility criteria changed by primary or secondary legislation will form part of this scheme from the date any such changes come into force without the need to refer any changes to committee.
The eligibility provisions do not apply to applicants who are existing tenants who are already secure or introductory tenants or assured tenants of a Private Registered Provider (s160ZA(5)).
If an applicant is not eligible to register under s160ZA Housing Act 1996, the Homemove Team will notify the applicant in writing giving the reasons for the decision. The decision will contain the right of review that must be requested within 21 days of the notification. The council will not accept requests for a review after 21 days except in exceptional circumstances. For further information, see reviews.
We aim to provide excellent customer service to applicants using or seeking to use the Housing Register. This includes a right to confidentiality and right to certain information.
We will not divulge (without their consent) information about a housing applicant (s166(4)). This includes the fact that they are an applicant.
An applicant has the right to see information (s166A(9)) held about them on the Housing Register.
After we have completed a full assessment, we will inform an applicant about their priority on the Housing Register.
We will provide information, through the Homemove website, about property types they are eligible for.
We will provide, through the Homemove website, feedback information (s166A (9)(ii)) about the lettings undertaken so that the applicant can estimate the length of time they are likely to have to wait before being rehoused. This will be provided when the result of a letting is known by the council .
We will inform an applicant if they have been given any priority status on the Housing Register on the Housing Register (s166A (a)(i)).
An applicant has the right to request that we inform them of any decision about the facts of their case which is likely to be, or has been, taken into account in considering whether to allocate housing accommodation to them (s166A (9)(b)).
The applicant has a right of review against any decision we make about their application (s166(9(c)). Their right to review is set out below in this policy.
We will:
We will publish the full copy of this allocations policy on the council’s website and make it freely available for any person to inspect at Bartholomew House, Bartholomew Square, Brighton. A person may request a copy of the full policy. A reasonable fee will be payable for this service (s168(2)).
The Housing Register is open to people who are eligible and qualify under this policy and are 16 years old or over although applicants under the age of 18 will only be offered accommodation in certain circumstances (see below).
Any secure council tenant or any assured tenant of any of the council’s partners in the joint housing register living in the city may join the housing register if they are a qualifying person.
The council will not normally make an offer of accommodation to a transfer applicant where the tenant is in breach of their tenancy resulting in:
Tenants should also consider joining the Exchange Locata mutual exchange register. This register contains the details of tenants who are looking to swap their home with someone else. Mutual exchanges can be found in the city and elsewhere if people are looking to relocate to other parts of the country. There are restrictions for mutual exchanges such a size criteria or for those in rent arrears. For more information, contact Housing Centre Services.
When one or 2 joint tenants give notice to the council to terminate the tenancy, the council may offer the property (or an alternative property) as a sole tenancy to one or other of the joint tenants.
Joint tenants should obtain independent legal advice on terminating the joint tenancy.
Where the council is satisfied that:
the council will grant a secure tenancy upon the applicant being allocated housing in line with this policy.
All applicants who are not secure tenants of Brighton & Hove City Council requesting rehousing must complete an application to be put onto the housing register.
Tenants requesting transfers where the tenant, or a member of their household, has a reasonable preference as defined by section 166A (3) of the Housing Act 1996 must complete an application to be put onto the housing register. Tenants can apply on the Homemove website. If you are unable to complete an online application because you do not have access to the internet, you can get online free of charge at the following venues in the city:
Brighton & Hove has a digital inclusion project called Digital Brighton & Hove that has a list of all free access points across the city. Digital online can also offer free places in Brighton & Hove to get online or improve your skills like searching, security, email, social media, form-filling, finding jobs, shopping and paying bills.
Digital Brighton & Hove can also assist those with no knowledge how to begin to get online.
If you need help completing an online application, you can contact the Customer Assessment and Advice Team on 01273 294400 Option 1
If you are housebound, you may request that a member of staff assists you to make a telephone application or in exceptional circumstances you may request a home visit for someone to help you. For more information, see our Vulnerable Person Strategy.
Demand for social housing in Brighton & Hove is extremely high. As a result the city has to ensure that it makes best use of accommodation and that it is allocated to those in need.
The following may be included on a person’s application:
People that cannot be included on a person’s application include:
Applicants who are eligible and qualify under the allocation scheme who are under 18 may register under the allocations policy. Although we will not usually offer them a property until they are over 18.
In the event that there is an urgent housing need, a further assessment will be carried out and we will work with the individual to find the most suitable accommodation to meet their need. An offer of permanent accommodation will only be made if the council is satisfied that: the young person is able to live independently; able to sustain a tenancy; and has an identified package of support available to them.
Exemptions - An applicant who is entitled to succeed to a tenancy by virtue of Housing Act 1985 s.87 (as amended) will be granted a tenancy by way of succession.
The government has proposed to withdraw automatic housing cost for people under the age of 21. The introduction of the Youth Obligation, with its tougher conditionality, and the removal of “automatic entitlement” to housing support for 18 to 21 year olds, it is expected that the provisions will include an element of working or learning in order to qualify for Housing Benefit (or housing element of universal credit). The policy will be updated to comply with any statutory scheme introduced by government without the need to refer to committee.
Officers will assess applications in line with this policy taking account of all available information provided by the applicant together with any information that is available to the assessor from any other source, such as Housing Benefit, Council Tax, Electoral Register, Land Registry searches and any credit checks used to confirm residence or income.
Assessment of accommodation will be carried out using “best use” of accommodation that is available based on the number of occupants in a property and the number of rooms. The assessment will use the bedroom size tables when assessing on this criteria.
Section 171 Housing Act 1996 makes it an offence:
The council may request supporting documentation in relation to any application from any member of the household to determine if a person is an eligible or qualifying person. It may request details in order to assess the application. This may include information including financial, medical, employment or voluntary contribution, property ownership or disposal of a property or any other material that may be required from time to time to allow the council to reach a decision under the policy.
Failure to provide the requested information may lead to the application being suspended for a period. Failure to continue to provide any information will lead to the applications being cancelled. Any applicant or third party person submitting information under this policy may be liable to prosecution.
Any person found to have supplied false or misleading information will have their application cancelled.
Applicants will usually be required to complete a housing registration form online.
Applications from accepted homeless applicants will be copied over from their homeless application and will not be required to complete an application form. For the purposes of fraud or misleading information any information contained on the homelessness form will be considered under this policy.
Applicant(s) will be required to provide a passport size photograph of each applicant(s) and each member of the household over the age of 18.
Once applications are received and a person is deemed an eligible and qualifying applicant the Allocations Team carry out an initial housing needs assessment based on the information contained on the application form and other information available.
The Allocations Team will have access to other data contained in other council departments such as Housing and Council Tax Benefit. Should the Allocations Team be unable to carry out a full assessment due to the lack of available evidence the highest band that the application can achieve is Band C2. The Allocations Team will write to the applicant to request additional information required to fully assess an application (FINO)
Information that is required is stated on the online application form on each screen. This information will be summarised at the end of the online application. A full and final assessment can only be carried out once the requested information is provided. Should a request for information not be complied with a second request (FINO reminder) for information will be sent. If this second request is not complied with the application will be cancelled. If an application is cancelled the applicant will be notified in writing.
The notification will give the applicant the right to a review not to be included on the housing register. This right of review must be requested within 21 days of the notification. The council will not accept requests for a review after 21 days except in exceptional circumstances. For further information, see reviews.
Any application that is received on a paper form will be assessed in the same manner as those received on-line. This however may take longer to process than those received on-line.
Following the applicant submitting an application this application will firstly be assessed to see if a person is:
Applicants will need to provide information to prove that they are an eligible person. This proof will be in the form a passport or other acceptable form of identification for all persons on the application.
If a person proves that they are eligible then the council will look to see if they are a qualifying person in line with the policy above. Information may be required to ascertain if a person qualifies under the allocations policy to be included as a qualifying person. This will include proof of residence or any other consideration contained in the policy.
If the person is eligible and a qualifying person the application will be assessed taking account of the relevant information supplied by the applicant. Checks will be made where necessary to verify any information that is received. This may include, but not limited to, housing benefit, council tax records, electoral registration and household financial checks.
Each application will be assessed to determine what size of property an applicant is entitled to. The assessment will be based on the following table unless:
| Size | Minimum people | Maximum people | Example types of household |
| Studio | 1 | 1 | Single person |
| One Bed | 1 | 2 | Single person or childless couple |
| 2 bed | 2 | 4 | One to 2 child family or single person with live in carer |
| 2 bed Sheltered | 2 | 3 | A single person or couple and live in carer |
| 3 bed | 3 | 6+ depending on size | Two or more children (different sex over the age of 10) |
| 4 bed | 4 | 8+ depending on size | 5 or more children |
As the council has a very limited supply of social housing the council is not able to offer an applicant additional bedrooms where the children have accommodation with the other parent.
A person in this situation who is eligible and a qualifying person may be offered a one bedroom property to allow occasional access arrangement. This aligns the allocations policy with Housing Act 1996 Part VII (Holmes-Moorhouse v London Borough of Richmond Upon Thames considered)
Medical priority is assessed by the Homemove Team and is based on the information supplied on the on-line or a self-assessment medical form. Medical priority is not awarded solely on a person’s medical condition. There is a need to show that there is an impact of the person’s current housing circumstances along with the medical condition. If there is insufficient details on the on-line application or self-assessment medical form, applicants may be requested to provide additional details before a full assessment can be undertaken.
Assessments are made on the effect of present housing considering the health condition of the member or anyone in the household (who is/are moving) and not on the medical condition alone. In reaching the decision we will consider whether the overall effect on the household (who is/are moving) or any member of the household (who is/are moving) is sufficient to warrant one of the medical priority bands.
The Homemove assessment officers have access to the council’s Medical Advisor who can advise on the medical conditions and the impact of on the person’s housing conditions to assist them in their decision making of when to award medical priority. The Medical Advisor must be requested to provide advice on the need for an extra bedroom over and above that an application is entitled to under this policy. The Medical Advisor may also make recommendations in relation to any mobility classification.
A medical assessment may be requested by applicants where a medical condition occurs after they have made an application. This will be assessed as above where the medical condition is having an impact based on their current housing conditions.
Medical awards can be made as follows:
Overriding (severe and immediate) medical priority awarded by the assessor where there is a need to move - where the housing conditions are having a severe and immediate adverse effect on the medical condition of the applicant or member of the current household as to warrant emergency priority.
High (major) medical priority awarded by the Medical Advisor –where there is a need to move where the housing conditions are having a major adverse effect on the medical condition of the applicant or member of the current household as to warrant extra priority.
Where a person does not meet the criteria to be awarded Band A or B then no award will be made under this policy. There must be an identified need to move in order to justify a priority.
Where the council receives a request for a medical assessment for a person who the council has placed into temporary accommodation under s188 (part Vll) or s193 the request will be referred to the Housing Options Team for a suitability assessment (this is to ensure that there is consistent assessment of our statutory duty under Housing Act 1996 s210).
If the Housing Options Team find that the accommodation is either suitable or that an alternative accommodation can be found within a reasonable time then there will be no medical priority awarded. The applicant will be notified of the decision by the Housing Options Team. The applicant will have the right to request a review of the suitability assessment under Part VII.
If the Housing Options Team find that the accommodation is not suitable and no other accommodation can be found then the case may be passed to the allocations manger to agree the case to be placed into Band A.
All properties adapted for disabled people will be advertised across all bands. Properties will have a mobility classification as below and priority will be given to those with a matching need for a property that is advertised.
Properties will also be advertised with notes where the potential for adaptations or further adaptations exists and any further restrictions applicable.
Irrespective of the band assessment, where a member, or one of the household, has a substantial and long-term physical disability which may place them in mobility groups 1, 2 and 3 (see below) the Homemove Team work with the Occupational Therapist Team. A report on their housing needs may be requested before any award is made. Taking into account the recommendations of the report the Homemove Team will place the member in one of the following mobility groups:
Where a disabled applicant applied for accommodation which does not meet their access needs, the council will take into account whether it is reasonable and practicable to adapt that property when assessing the offer consistent with our duties under Equality Act 2010 and the Housing Grants, Construction and Regeneration Act 1996 and also whether it would meet the housing need. On occasion accommodation offers may be withdrawn from a case where the housing need would not be met.
Mobility cases will be banded under the medical awards above unless there is a minor need to move in which case the case may be awarded Minor Need to Move Band C (mobility).
The Allocations team may refer an application to the council’s Private Sector Housing Team where there are major issues with regards to the condition of the property.
A case will only be referred if the person agrees to work with the Private Sector Housing Team and any recommendations that are made. These referrals will require the Private Sector Housing Team to make contact with the relevant landlord or managing agent who is responsible for the property. Any applicant who withholds consent for the Private Sector Housing Team to contact the Landlord or Agent will not be eligible for a banding assessment under this policy.
Following any inspection of the applicant’s property if there is any required intervention and there is no prospect of this being completed within 6 months the following banding awards will apply:
Unsatisfactory housing conditions as confirmed after a visit from the Private Sector Housing Team and classed as a category 1 hazard(s) that cannot be rectified within 6 months (as assessed by the Private Sector Housing Team using the HHSRS (Housing Health and Safety Rating System (part 1 HA 2004)) will be awarded Band B.
If the works required are completed before an offer of accommodation is made then these priority award will be removed. Awards in this category will be reduced by up to one band if it is considered that the applicant has deliberately moved into accommodation that is not suitable to meet their needs or if the applicant refuses to cooperate with any works required. Each case will be considered on its merits. Regard should be had to R (Flores) v Southwark [2020] EWCA Civ 1697.
Where the property is deemed to be 'statutorily overcrowded' by the Private Sector Housing Team under Part X of the Housing Act 1985 (see Annex 2 of this Policy) and there are no practicable means to make the property suitable for the number of occupants within a reasonable time period the applicant will be placed in Band A. Applicants who are not statutorily overcrowded will be placed in Band B if they lack two or more bedrooms and Band C if they lack one bedroom below these minimum provisions:
| An independent adult (18 years+) | 1 bedroom, including a bedsit or studio |
|---|---|
| Co-habiting couples | 1 bedroom |
| A dependent child | 1 bedroom |
| Two children of opposite gender where one is aged over 10 years | 2 bedroom |
| Two children of the same gender (any age) | 1 bedroom |
If there is a second reception room it will generally be deemed to be available for use as a bedroom and a box room, which can reasonably be used by a child, will count as a single bedroom.
Assessment for full time carers (only given when caring from someone outside of your household)
If a person who is eligible and a qualifying person and the prime applicant(s) provide care in an area of the city, the priority may be applied for in the area in which they provide the care (bids will only be considered within one square mile surrounding the household you are caring for).
Carers must have been providing care to a named person for a continuous period of at least 6 months up to the point of application and the same at the point of offer. Care in this context is not the provision of childcare. Care must be related to a physical, mental or learning disability.
An extra bedroom will be given to an applicant where there is an assessed need for a 24 hour live in carer. In terms of assessing the need for a live in carer this would have to be assessed as a need under the Care Act and therefore supported by Brighton & Hove Adult Social Care or Children’s Services.
The council will not normally agree to award an additional bedroom where there is a need for occasional overnight care. Assessments take account of any medical or disability, together with the occasional overnight care provided along with the circumstances of the overnight carer. In the majority of cases where there is a living room, then this would be able to be used for occasional overnight care
The prime applicant(s) must provide proof that full time care is required (this will be in the form of a care assessment from Adult Social Care or Children’s Services). A copy of the person welfare benefits DLA with care or mobility component or PIP and Carers allowance that is being paid. We will also require a letter for the person/people receiving care. If the care status changes whilst on the Housing Register or at the point of offer it is up to the prime applicant(s) to inform the Allocations Team immediately of the changes.
Extra bedroom based on medical needs. There are some cases where an additional bedroom is not needed on the basis on a live in carer but based on a person’s medical needs where a person is not able to share a room with another person as contained within the allocations policy. This is where a person would not be able to share with another person in the household based on a severe disability or medical condition. In the case of children with disabilities we will liaise with the council’s children’s disability services. If the applicant who is not able to share is an adult, then all of the facts of the case will be investigated and in either case this will be submitted to the medical advisor.
Priority will be awarded to care leavers where Brighton & Hove City Council has a Corporate Parenting role. Care leavers will be given priority under this scheme under the care leaver protocol into Band A if they are deemed to be tenancy ready.
If the young person is not deemed to be ready to manage an independent tenancy and are offered a supported housing placement then they will awarded Band A once there is an agreement from housing and children’s services that the young person is tenancy ready. There will be a 6 months bidding time and at the end of this time the Homemove Team will start to bid for the applicant until a suitable offer is made. No Band A will be given without a full support package in place and the applicant is ready for social housing.
In some case where a household is living in support accommodation funded by Brighton & Hove City Council, an assessment of housing need will take place. If the outcome of the assessment is that the household is not ready for independent general needs accommodation, as they are deemed not to be ready to manage an independent tenancy but need supported accommodation, then they will not be able to access general needs housing.
Households are supported in this accommodation and their skills and abilities are thoroughly assessed to ensure that they are ready to make steps to greater independence. Supported accommodation is designated as accommodation commissioned and funded through Adult Social Care (Housing).
When these households are ready to move on from supported accommodation reasonable preference will be awarded when a household is assessed as ready to move to independent settled housing on the recommendation of the supported accommodation Key Worker.
If any ongoing support needs are assessed and, and where appropriate, a support plan must be put in place. This means that only a household who is ready to manage a tenancy will be able to access social housing. The assessment will take account of being able to manage a tenancy, have no rent arrears, have no record of anti-social behaviour in the last 9 months, and demonstrate that they have completed a life skills course.
Applicants can apply for sheltered housing using the Housing Registration Form or can be referred by a relative, support worker, GP, or by the medical advisor recommending sheltered housing. Generally applicants or at least one of joint applicants must be over 55 years old.
The council and housing association partners have a variety of sheltered accommodation specifically for an older community where it has been agreed that a housing and support need is called for. Applicants will be required to complete a support needs form. This form will be assessed by officers to ensure that the applicant is suitable to live in a sheltered scheme environment. On receipt of an application for sheltered housing, the Homemove Team will register the application and place it in the relevant housing and support need band.
These are:
Applicants assessed for sheltered and who do not have any other “housing need” under the allocations policy will be restricted to and only offered properties that are advertised as sheltered accommodation. Applicants who place bids on any non-sheltered properties will be by-passed on any shortlist and not offered non-sheltered properties.
Applications from existing tenants who already live in sheltered schemes who have a need to move under the allocations scheme, such as reduced mobility or medical needs will be awarded Band A Move within Scheme. This only applies for a move within the same scheme.
Agreed in exceptional circumstances by the Allocations Manager and Tenancy Services Manager where there significant insurmountable problems associated with the tenant’s occupation of a dwelling and there is imminent personal risk to the tenant or their family if they remain in the dwelling.
Where the Allocations Manager and Tenancy Services Manager agree a non-urgent management transfer Band B will be awarded.
Awarded to transfer applicants if their property is imminently required for essential works and the tenant cannot remain in the property. Although the council will encourage and assist such tenants to make bids through the Homemove system we recognise that we have a duty to provide suitable alternative accommodation and will make a reasonable bid within the necessary timescale.
Band A is awarded to facilitate a tenant’s move in one of the following circumstances:
Band B is awarded to facilitate a tenant’s move for the following circumstance:
The TIS is a popular and successful route for many households, wanting to downsize to smaller flats from larger family homes they no longer need.
The TIS is available to council tenants who move out of a family size unit of accommodation and move to another area or into an affordable and sustainable private sector property of at least 12 months duration.
The table below shows the payment amounts (before any deductions)
The scheme to also include tenants moving from not just fully wheelchair adapted properties, but also partially adapted properties they no longer need (graded Mobility 2), to non-adapted, non-mobility rated properties. This is because there are very few fully wheelchair adapted properties in our council stock, but many that have been partially adapted (for example, with level access showers, ramps).
It should be noted that some housing association tenants can qualify for the Priority Banding but that the payments listed above are for council tenants who have held standard tenancies for at least 12 months.
A person may only receive one payment under TIS.
The TIS is a cash limited fund and applications may be refused if there are insufficient funds to make payments in any one financial year. A person who is refused on the basis of lack of funds may reapply to the scheme in future years.
Payments of the above amounts will be reduced if there is any remaining balance on the applicants rent account or if there are any amounts owing to Housing Benefits or any recharges following the ending of the tenancy. These amounts will be calculated by Tenants Service Income Management Team
Offers of accommodation may be restricted to council offers only if an applicant will still have any arrears or housing benefits overpayment to ensure that this may be recovered by the income management team
Extra care housing is specifically designed for applicants who have specific need of housing and support. Applicants can apply for this type of accommodation but applications will only be assessed for extra care housing if this is supported by a Social Worker working for Brighton & Hove City Council.
Applications for extra care are considered by the Extra Care Panel. This panel will look at the support needs to ensure that best use of this type of accommodation is made. Extra Care Housing deals with a range of support levels and allocation to Extra Care Housing may take account of the needs of existing residents in prioritising applicants.
Extra Care Housing in Patching Lodge and New Larchwood is restricted to applicants or one of joint applicants who are 55 years of age.
Extra Care Housing at Vernon Gardens and Brookmead will be open to applicants who are normally over 55 years old although applications can be considered under the age restrictions on a case by case basis. Applications may be refused if the balance of these schemes are changed by the number of applicants under 55 as they are designed to meet the needs of older people.
The Allocations Manager agrees with NWMS (National Witness Mobility Service) an annual quota for housing clients in housing need.
The council has made provisions within the allocations policy for applicants who are over the income and savings cap to still be included on the housing register and who can then be confirmed to partner agencies who are developing schemes with the council for shared ownership.
When these schemes are being developed there will be a minimum financial commitment from prospective applicants that will have a certain level of savings or a deposit and be able to afford the mortgage and rental liabilities. Any minimum and maximum financial caps can be decided on a scheme by scheme basis.
Where an applicant is required to be on the Housing Register and they are eligible and otherwise a qualifying person but they exceed the income and or savings cap the application will be placed into band D Shared Ownership only.
No person with this banding can be offered social or affordable rented accommodation.
Banding can only be awarded if an applicant is an eligible and qualifying person as outlined in this document.
The 4 priority bands are:
Overriding (severe and immediate) priority awarded by the Allocations assessor after seeking advice from the Medical Advisor – where a person needs to move as the housing conditions are having a severe and immediate adverse effect on the medical condition of the applicant or a member of the applicants current household as to warrant emergency priority.
Where the applicant is:
And at least one of the following applies:
Social Services nominations under the quota arrangements. This includes applicants owed duties under the Care Act and the Children Act. This band reason will not apply if other rehousing options are available, or if the applicant has applied for assistance under Part 7 of the Housing Act 1996. All nominations under this reason must have a reasonable preference under section 166A of the Housing Act 1996.
Witness protection nominations under a quota arrangement agreed by the National Witness Mobility Service.
Accepted homeless households owed the main duty by Brighton & Hove City Council and placed in temporary accommodation the property is unsuitable to meet the applicants or member of the household’s needs, and where the household have been assessed as ready to manage independent accommodation and no further temporary accommodation can be sought as agreed by the Temporary Accommodation or Allocations Manager.
Transfer applicants under-occupying family sized accommodation qualifying for the Transfer Incentive Scheme
Transfer applicants who are statutorily overcrowded as defined by Part X Housing Act 1985 (see Annex 2 of this Policy), unless the person is seen to have caused the overcrowding intentionally in which case they shall be awarded Band B priority.
Transfer applicants needing permanent or temporary decants where the property is imminently required for major repair.
Applicants whose property is deemed to be statutorily overcrowded by the Private Sector Housing Team under Part X Housing Act 1985 (see Annex 2 of this Policy) and there is no practicable means to make the property suitable for the number of occupants within a reasonable time period, unless a person is seen to have intentionally caused the overcrowding in which case they shall be awarded Band B priority.
Priority Transfers, agreed in exceptional circumstances, at the discretion of the Homemove Manager, due to significant and insurmountable problems associated with the tenant’s occupation and there is imminent personal risk to the household if they remain.
This may include, but not be limited to:
domestic abuse
racial harassment
homophobic abuse
transphobic abuse
biphobic abuse
ableist abuse
faith or migrant-related abuse
victimization
harassment
This may also include, but not be limited to, households which are existing tenants of Brighton & Hove City Council or registered providers in the city with a nomination agreement with the council whose accommodation would be likely to be assessed as being unreasonable to continue to occupy if they made an application for homelessness assistance under Part 7 of the Housing Act 1996. Priority transfers will be made one direct offer to resolve the tenancy issue.
Leaving a mother and baby unit funded by Brighton & Hove City Council who has successfully completed the support placement and requires a move.
Statutory successors who are under-occupying the tenancy where the council has grounds for seeking possession by offering suitable alternative accommodation. (This category will not be considered under the TIS scheme).
Retiring council employees, for example, Sheltered Scheme Managers, Residential Estate Wardens where the council or Housing Association has a contractual obligation to house the applicant.
Sheltered Scheme resident has an assessed need to move under the allocations scheme to move within the same scheme only.
Care leavers – where Brighton & Hove are the corporate parent to the applicant and there is agreement from the Homemove Manager and professional colleagues within the council, this priority is not valid for care leavers where the corporate parenting role is held by another authority.
Non statutory successors – where agreement has been provided by Tenancy Services and it is agreed that the applicant would be considered to be in priority need, as agreed by the Housing Options Service, and the council would therefore have a statutory duty to accommodate the person but the council considers that the property is too large to meet their needs. Non-statutory successors who do not bid successfully within 6 months will be made a direct offer.
Households lacking two or more separate bedrooms due to overcrowding which is not statutory overcrowding, unless a person is seen to have caused this intentionally in which case they shall be awarded Band C.
Management Transfers – agreed by Housing Management for transfers on management grounds that do not satisfy the grounds of a Priority Transfer above. This will be agreed in consultation with the Homemove Manager.
Where the applicant is:
And at least one of the following applies:
High (Major) priority awarded by the Homemove assessor after seeking advice from the Medical Advisor – where a person needs to move where the housing conditions are having a major adverse effect on the medical condition of the applicant or a member of the applicant’s current household as to warrant emergency priority.
Ex-tenants returning from institutions, for example, rehabilitation, hospital – where a prior commitment has been made in writing in order to secure the relinquishment of a council or HA tenancy on entering the institution (this may also be considered for a person admitted under section in an emergency situation that would otherwise have been agreed on notice).
To enable fostering or adoption – where agreement is reached to provide permanent accommodation or foster care arrangements on the recommendation from Brighton & Hove City Council Children and Families Service.
Social Services nominations under the quota arrangements into Band B used as a preventative measure but does not warrant an emergency move under Band A above.
Applications for seniors’ accommodation where the council is satisfied that the household is threatened with homelessness and who would if they became homeless be likely to be owed a full housing duty under Part 7 of the Housing Act 1996 by Brighton & Hove City Council. Allocations to general needs accommodation will not be accepted under this band reason.
Unsatisfactory housing conditions as confirmed after a visit from the Private Sector Housing Team and classed as a priority 1 hazard(s) that cannot be rectified within six months (as assessed by the Private Sector Housing Team using the HHSRS (Housing Health and Safety Rating System (part 1 Housing Act 2004)).
Multiple needs that warrant high priority – applicants whose needs match more than three of the priority reasons from the Band C considered cumulatively (by the Allocations Manager are deemed to be so severe as to warrant being placed in a higher priority band.
There are 2 levels of priority within Band C: Level 1 and Level 2 (Level 1 is higher.)
Households who are homeless and have been accepted as statutory homeless and owed a full housing duty by Brighton & Hove City Council under s193(2) of Part 7 of the Housing Act 1996 will be placed in Level 1 of this Band. All other households awarded Band C, including homeless households not owed a full housing duty, will be placed in the lower Level 2.
Households lacking one separate bedroom due to overcrowding which is not statutory overcrowding, unless a person is seen to have caused this intentionally in which case they shall be awarded Band D.
Council and housing association tenants under-occupying that do not qualify for the Transfer Incentive or Tenants Support Schemes.
Unsanitary conditions that cannot be addressed by the Private Sector Housing Team within a reasonable time scale. Unsanitary condition are lacking one or more of the following an inside WC or a bathroom or no access to cooking facilities.
Applications for sheltered accommodation where there is no higher need (must have a support need) allocation to general needs accommodation will not be accepted under this band reason.
People who need to move to a particular area in the city where failure to meet that need would cause hardship, for example, to give or receive support.
Households that are statutory homeless and are owed a full housing duty under s.193(2) of Part 7 of the Housing Act 1996. As explained above, these households (only) hold Level 1 status within Band C. 
Households that are statutory homeless but are not owed a duty under s.193(2) of Part 7 of the Housing Act 1996. This includes but is not limited to households who are owed a duty under section 190(2) or 195(2) of the Housing Act 1996. As explained above, these households (and all other Band C categories) hold Level 2 status within Band C.
An applicant where a household is living in supported accommodation funded by Brighton & Hove City Council and has been assessed as ready to leave supported accommodation.
Households who were threatened with homelessness who would if they became homeless be likely to be owed a full housing duty under Part 7 of the Housing Act 1996, but where the council negotiated for the household to remain in their accommodation for at least 6 months.
Households who were threatened with homelessness or were homeless and to whom the full housing duty under Part 7 of the Housing Act 1996 would likely be owed after the prevention/relief duty came to an end, or to whom the council previously owed a full housing duty under Part 7 of the Housing Act 1996, but who have voluntarily agreed to the prevention/relief/main duty being brought to an end by the provision of private rented accommodation.
Households to whom the council previously owed a full housing duty under Part 7 of the Housing Act 1996 who, with the advance agreement of the council, have voluntarily left temporary accommodation to make alternative housing arrangements including staying with friends or relatives. This does not apply to those who have been given notice to leave by the council, or who leave without giving the council advance notice.
Council and Housing Association tenants who are seeking to transfer and who need to move from another local authority district to be closer to work, or to take up an offer of work and the council is satisfied that the relevant person has a genuine intention of taking up the offer of work.
Minor Need to Move (mobility).
Any applicant who has applied to the council and whose application has been demoted from any other band:
Key workers
Applicants required to be on the Housing Register of the purpose of obtaining shared ownership. These applicants may only be assessed for the above purpose and will not receive an allocation of social housing or be nominated to a Housing Association.
Once assessed the application will be placed in the appropriate bedroom, mobility category and Band and awarded a priority date (see priority date).
The Homemove Team will write to the applicant to inform them of the following:
Keep this notification in a safe place as you will need your registration number in order to place bids on properties.
These notifications will advise applicants that they have the right to see information held on the application under the Freedom of Information Act (subject access request). If they consider any information is inaccurate, they may request that the information is corrected.
Applicants have a right of review on any decisions made under this policy in line with the provisions of the Housing Act 1996 Part VI. The notification will contain details of how to request a review. A request must be requested within 21 days of the decision. Requests for a review outside of the 21 day period will only be considered on an exceptional basis. There is no right to second review of the same decision (see reviews).
Housing register assessments are based on an applicant’s current circumstance. If you move it is your responsibly to inform the council. This can be done on the on-line change of circumstances form on the Homemove website. You should inform us if you wish to add or remove someone from your application. Adding someone to your application will be considered in line with the allocations policy above. A person may not appear on two applications at the same time.
Homeless applicants may have to be assessed to see if it is reasonable to add someone to their application. Having a child will automatically be approved. You should inform us if you wish a person to be removed from your application. We are not able to remove the main applicant from an application. If you do not wish to move with the main applicant, you will need to make a new application.
Once an application has been re-assessed on the change of circumstances/moving a notification will be issued if there is any change to the applicants banding.
Applicants who have changed their accommodation will be reassessed on their new circumstances. Medical and mobility may also be reassessed. If your new property is suitable to meet your needs this may be reflected in a change to your banding.
All applicants will be sent a review form to stay on the Housing Register once every 12 months. When you are sent a notification, you will have up to six weeks following your registration anniversary date to return the form. If an applicant does not comply with this reregistration process the application will be cancelled and the applicant will be removed from the Housing Register.
Applicants will be informed that they have been removed from the register and will have 21 days to appeal this decision (see reviews).
Once a household has been moved via the Homemove scheme it will be deemed that the housing need has been met and therefore the housing application will be automatically be closed. If there are other applications from the same address that are impacted by the household being moved, these applicants will be reassessed. If a household is moved by the scheme into council accommodation then the information contained in their file will become available to the as part of the tenancy file.
If a person is moved to one of the partner registered providers then the information may be passed to the registered provider to form part of their tenancy file.
The council will hold a copy of any application that is closed for a period of 6 years from the date that it is closed. After this date the council will destroy any information relating to the application. If a person reapplies within the 6 year period and is subsequently removed from the Housing Register then the time period will run from the date that the later application is removed.
The council may review all applications annually. If an applicant’s circumstances change, at any time, they may be moved up or down the bands depending on their need.
All applicants must inform the Homemove Team immediately when their circumstances change. If any change results in a band change, the Homemove will write to inform the applicant of the new band, their priority date, if applicable, and of their right to request a review of this decision. The principle of the scheme is that no one should overtake existing applicants in a Band.
If an applicant moves up a Band their priority date will be as follows:
If an applicant moves down a band, then their priority date will revert to the date that applied when the applicant was previously in that band, or an earlier date in a higher Band.
As part of the assessment of an applicant’s needs, those applicants who have a range of needs will be identified. These cases will be assessed to identify those applicants whose needs, when considered cumulatively, are deemed to be so severe as to warrant them being placed in a higher band. Where such exceptional circumstances exist and a higher priority band is thought appropriate the Homemove officer will, having fully considered the details of the case, forward their recommendation to the Senior Housing Needs Officer to seek authorisation that the applicant be placed into a higher priority band. The applicant will be notified of the decision of the Senior Housing Needs Officer and if this is refused the applicant will be notified and given the right of review. (See Reviews).
The council shall normally reduce a person’s band award if there are indications that a person has moved into accommodation knowing that this accommodation is not suitable to meet the needs of their household. This will include deliberately moving into accommodation that causes statutory overcrowding or moving additional people into accommodation knowing that this will cause overcrowding. This is to ensure that applicants do not use the Housing Register to be housed over and above others that have waited to be accommodated. The Band priority shall normally be reduced by one Band.
The council uses the Homemove website to advertise all properties that are available. Eligibility criteria will be laid out in the adverts for each property, such as:
The council has a Tenancy Strategy that lays out the expected security of tenure; Council tenancies will be issued as introductory tenancies. Housing Associations will normally issue a starter tenancy. Under the Localism Act 2011 and Housing & Planning Act 2016, landlords may offer different types of tenancy, which could be either a lifetime tenancy or a tenancy with a fixed number of years (that is then renewed if you are still in need).
New tenants will normally be given a 12 month starter or introductory tenancy before a longer tenancy is allowed. Existing tenants transferring will usually keep the same type of tenancy when moving.
The advert will clearly state which tenancy applies to that property. More information is available in landlords’ respective Tenancy Policies.
Under the Housing and Planning Act 2016 it will be compulsory for all new council tenancies to be offered for a fixed term of between two and ten years. This policy may be amended to comply with any future legislative provisions that have been passed that impact the council’s ability to let properties on a fixed term basis and to align it with its Tenancy Strategy.
The Housing and Planning Act 2016 has introduced measures that will affect the levels of rents that will be charged. Any applicant(s) will be subject to a financial assessment. This assessment will look at the financial means of the household. All income must be disclosed on this assessment including income from any source of employment, saving, income from any other source including bank accounts. Any persons who do not disclose all income may be withholding information that they should disclose and may be committing an offence under s171 Housing Act 1996.
The council will make such enquires into the financial details of any applicant and any other member of the household as required to under the Housing and Planning Act 2016. This may include credit checks on bank accounts and any other financial transactions that the person have had including any mortgages for example.
An assessment of your housing need is made and you will be informed of the size of property you can bid for, please see the table below for guidance.
| Size | Minimum people | Maximum people | Example types of household |
|---|---|---|---|
| Studio | 1 | 1 | Single person |
| One bed | 1 | 2 | Single person or childless couple |
| Two bed | 2 | 4 | One to 2 child family or single person with live in carer |
| 2 bed sheltered | 2 | 3 | A single person or couple and carer |
| 3 bed | 3 | 6+ depending on size | Two or more children of different sex over 10 years old |
| Four bed | 4 | 8+ depending on size | Five or more children |
In deciding the appropriate size of a property, the age and gender of the children within the household are considered, for example a male and female child where one is over 10 years are not expected to share a bedroom. Therefore some 2-child families are eligible for a 2 bed property and others with two children are eligible for a 3 bedroom property.
The council has some large properties that may have 2 separate living rooms. The properties are currently advertised by the number of bedrooms (such as, 3 beds) with an additional “dining room”.
This means that occupancy levels on these properties can be as low 3 people. The size of the property could be suitable for a much larger family, many of whom are in overcrowded situations. In order to achieve the best use of the housing stock in the city we will look to assess all incoming void properties and in some cases will advertise them as a four-bedroom property. Any other properties will be advertised as 3 bedroom properties but the minimum number of occupants can be raised to reflect the size of the property.
Any application without the required number of people will be bypassed in favour of an application with the required number of people in the household. If there are no applications with the minimum number of applicants, then the property may be let in accordance with the normal bed size in the allocations policy
Extra bedroom applicants may apply for extra bedrooms by submitting medical and or mobility information. This medical or mobility needs will have to be very high to meet the requirements of being awarded an additional bedroom. (See above)
In addition:
Eligible applicants can make bids for properties advertised, by telephone bidding or by bidding online via the website. Applicants can also nominate a proxy bidder, and in exceptional circumstances request that the council bid on their behalf (assisted bidding). Bidding happens on the website.
Applicants with support needs and those who have difficulty with written English will be supported by an appointed support provider or the Allocations Team.
Applicants who urgently need to move and who do not bid for properties may receive a direct bid or a direct offer.
All bids for a property are checked against the eligibility rules, for example any age restrictions or size of property. Ineligible bids are excluded from consideration. We will provide advice and support to applicants who regularly bid for properties they are not eligible for.
Applicants can bid for up to a maximum of 3 properties they are eligible for. No bids can be placed on any available property after a shortlist deadline. Applicants are not required to place all three bids at the same time. Shortlists will be created within 3 working days for housing associations properties.
Council tenancies will be shortlisted once the Housing department has notified Homemove that the property is vacant and ready for letting. Successful applicants will be contacted as soon as possible by the landlord. Homemove are not responsible for the letting process this is carried out by the landlord.
The shortlist sent to the landlords will include the three applications that are eligible for the property in accordance with the scheme.
These will be:
If an applicant is the top applicant in any shortlist then they will still be able to place bids on other properties. However, while the applicant is waiting to view the property they will not be considered for any other properties until the result of the offer is known. If the property is unsuitable then the applicant will be able to resume bidding. If the property is refused and deemed suitable the application will remain suspended until the result of the review is known.
If none of the shortlisted applicants accept the property then this will then be offered to the next eligible applicant and this will continue until the end of the shortlist. If no applicants accept the property this will then be re-advertised.
Not all properties becoming available for letting will be offered through choice-based lettings. The council reserves the right to make a direct offer of a property at any time to an applicant in exceptional circumstances, or where doing so would meet the council’s strategic aims.
Examples of such circumstances include:
Direct offers will only be agreed by majority decision of a panel which involves either a manager with responsibility for the Housing Register or Tenancy services.
When making a direct offer, the applicant’s choice will normally be more restricted than through choice-based lettings. The council may limit the number of direct offers, and there may be sanctions applied if more than one property that is suitable for the applicant’s needs is unreasonably refused. Sanctions that may be applied include suspension from being able to bid for properties or receive further direct offers, or placement in a lower priority Band. If sanctions are to be applied, this will be confirmed in writing.
The council is in the process of tendering for a new IT system forthe assessment and allocation of social housing.
This policy may be updated, without the need to refer changes to Cabinet, to reflect changes that are made with any new IT system in how properties are:
It can also be update to reflect any enhancements that may be available that increases customer choice. Such as, automated bidding mobile apps or any enhancements that reduce property void times such as, daily or continuous bidding so long as it is does not make changes to eligibility, qualifying persons, local connection or exemptions agreed in the policy.
The council is obliged to ensure that offers of a social housing tenancy are only awarded to those that are entitled to be offered the accommodation. Housing is a valuable community asset and unfortunately is sometimes obtained fraudulently. The council is committed to improving our detection of fraud and reducing our losses from fraud.
Fraud is an act of deception intended for personal gain or to cause loss to another party. The harm caused by fraud is not just financial; it causes harm to local people.
It can include:
Before the shortlist is passed to the landlord, the Homemove team will pass the successful candidates to the council’s Corporate Fraud Team who will carry out any necessary checks in relation to the application. These checks will include cross checking against council records, financial checks (including any bank accounts held), checks with other local authorities or checks with utility and mobile phone companies.
If any information comes to light that contradicts any information held by the Homemove Team in any respect, then the council will by-pass any application on the shortlist and may continue to investigate an application. If any fraud is found to be true then the applicant will be informed of the council’s decision and removed from the Housing Register. If the information is not correct then the application will be reinstated. Offers of accommodation will not be held open if the case is suspected of being fraudulent or during an investigation.
Once an offer has been made the applicant has the choice to refuse the property. If they refuse they may be able to bid again the following cycle, there are exception to this and ‘refusals’ further in this scheme should be considered. If an applicant is an Accepted Homeless Band A case and refused a successful bid (irrespective of bidding deadlines) then the Housing Options Team and the Homemove Team may consider that this is a full discharge of duty. Any accepted homeless case considering refusing a part 6 offer should contact the Housing Options Team before formally refusing a property
All eligible bids for each property are placed in priority order. Priority is decided first by the priority band, then by priority date within the band. Where a property has been advertised to give preference to a mobility group, bids from these applicants will be prioritised in band order above bids from members who are not in that stated group. Every bid will be assigned a random number when the bid is made. This number is used to resolve a tie; the highest number gets the priority. If there are no eligible bidders for a property the Allocations Team may decide to re-advertise the property.
If the property is owned by a housing association, the prioritised list will be referred to the landlord.
To minimise delays all landlords may arrange multiple viewings for up to 3 applicant households per property. Applicants will be required to bring proof of identity (for example Driving Licence or Passport) to the viewing.
For general needs housing, the Rehousing Officer will:
If the applicant chooses to refuse, the Rehousing Officer will note the reasons for the refusal and the next applicant is selected for an offer. Applicants will be offered one offer of suitable accommodation to meet their housing needs, except in certain circumstances contained in this policy. Properties are not kept open if they are refused.
Applicants who do not provide proof of identity at the viewing will be given 24 hours to provide proof at a council office prior to signing for the tenancy, if this is not provided there is the chance the offer may be withdrawn and the case referred back to the Homemove Team for investigation
Once an offer of accommodation has been accepted the Housing Application will be closed by the Allocations Team or the Rehousing Team
A failure to respond to an offer or viewing will be deemed for the purposes of this policy as a refusal. A failure to contact the Rehousing Team following a viewing will also count as a refusal.
If the property is a sensitive let any issues surrounding this will be discussed with the incoming tenant prior to a tenancy being granted. If a property is considered to be a sensitive let and an applicant refuses the property this will not count as a suitable offer of housing.
Offers will normally be made to applicants at the top of the shortlist. In exceptional circumstances we may need to reject an applicant on the shortlist for a particular property to ensure that we meet the following objectives:
Landlords may adopt Local Lettings Plans for specific areas. These plans will need to be agreed by stakeholders and Brighton & Hove City Council and will consider the problems that need addressing, backed up by evidence. Properties subject to Local Lettings Plans will be clearly advertised and priority will be given to those that meet the agreed criteria.
In exceptional cases, for housing management reasons, we may not offer to the person at the top of the shortlist. You will be contacted by the landlord in writing with the reasons for this decision. Any property that requires a “sensitive let” will be notified to the Allocations Team before it is advertised. Any person that requires a sensitive let will be notified as part of the assessment process.
From time to time a property may be advertised for those who are releasing larger council accommodation or reserved for those who need to move urgently because the council is undertaking work on the property
This is important to minimise rent loss and empty property turnaround time. Applicants must be available and able to take up an offer of accommodation, applicants will be contacted by telephone or e-mail or in certain cases by letter, and if there is no contact after three days then the offer will be withdrawn and counted as a refusal.
If an offer is not made to the applicant at the top of the shortlist, the reasons will need to be agreed by the Homemove Manager in line with this policy.
The Allocations Policy includes giving a reasonable preference to those that the council has accepted a full housing duty to homeless households. In order to discharge this duty, the council can only do so in one of the ways laid out in the Housing Act 1996 as amended.
One of these ways is to offer a suitable offer of accommodation.
There are a number of things that the council has to take into account when offering accommodation. Amongst the items under consideration is that the accommodation should be affordable. In a small number of cases where the property on offer is under an affordable rent and the applicant is subject to a welfare benefit restriction the property would not be considered affordable.
If a property is considered to be unaffordable and therefore unsuitable the applicant can be by passed for the offer or the offer can be withdrawn. The allocations policy also makes provision that offers are suitable to other groups and therefore this provision will equally apply to any applicant where the offer is deemed unsuitable.
There is a 3-month time limit for bidding for the following categories of applicants (except where otherwise noted):
After the bidding time allowed above has passed and the applicant has not been successful, the council will then place bids on behalf of the applicant that are more likely to receive an offer of accommodation. This is known as direct bidding.
Applicants who are not subject to a minimum bidding time limit who fail to make any bids within a 12 month period will be informed that they must be actively bidding.
Applicants will be given one written warning giving them a further month to make a bid.
If an applicant fails to make bid then the application will be cancelled and removed from the housing register.
Applicants may reapply to the housing register but this will be considered to be a new application and be assessed accordingly. There will be no backdating of any priority dates to a former application that was removed.
It is our aim to advertise all properties through Homemove but there may be circumstances where we will make bids on behalf of households.
Special circumstances, for example, applicants who are assessed as high risk offenders have their application processed through a multi-agency panel. This group will be restricted from bidding and a property identified as recommended by the panel. The panel will make one reasonable offer and if refused the applicant can request a review. The final decision on eligibility to bid lies with the Homemove Manager.
Accepted Homeless households in Band A or C1 who have failed to exercise choice through the bidding process within the three month timescale or who have bid within the timescale but have not been successful. The council may make one reasonable offer of accommodation before duty is discharged.
Retiring council employees or those who have highly specific requirements or who have failed to bid successfully within their bidding time will be offered one property. If refused, the Homemove Manager will review the case and priority may be lost and/or request proceedings possession begins.
Tenants who need to be temporarily or permanently decanted who have failed to bid successfully within their bidding time will be offered one property. If refused the Homemove Manager will review the case and priority may be lost.
Ex-council and HA tenants released or discharged from an institution that the council has given an undertaking to house who have not successfully bid within their bidding time will be offered one property. If refused the Homemove Manager will review the case and priority may be lost and/or request possession proceedings begins.
Non-statutory successors who have failed to bid successfully within their bidding time will be offered one property. If refused the Allocations Manager will review the case and priority may be lost and/or request proceedings possession begins.
Statutory successors who need to downsize who have failed to bid successfully within their bidding time will be offered one property. If this is refused the Allocations Manager will review the case and priority may be lost and/or possession proceedings may be begun.
Priority Transfers who have failed to bid successfully within their bidding time will be offered one property. If refused the Allocations Manager will review the case and priority may be lost and/or request proceedings possession begins.
Social Services nominations under quota arrangements who have failed to bid successfully within their bidding time will be offered one property. If refused the Allocations Manager will review the case and priority may be lost.
Witness Protection nominations under a quota arrangement and agreed through the National Witness Mobility Service who have failed to bid successfully within their bidding time will be offered one property. If refused the Allocations Manager will review the case and priority may be lost.
Care leavers - where the applicant has been placed by Brighton & Hove City Council and there is agreement from the Allocations Manager and professional colleagues within the council, this priority is not valid for care leavers from other authorities. If refused the Allocations Manager will review the case and priority may be lost.
Management Transfers – agreed by Tenants Service for transfers on management grounds who have failed to bid successfully within their bidding time will be offered one property. If refused the Allocations Manager will review the case and priority may be lost and/or request proceedings possession begins.
Where the property is deemed to be 'statutorily overcrowded' by the Private Sector Housing Team under Part X of the 1985 Housing Act and there are no practicable means to make the property suitable for the number of occupants within a reasonable time period, applicants who have failed to bid successfully within their bidding time will be offered one property. If refused the Allocations Manager will review the case and priority may be lost.
Reciprocal housing agreement with another landlord or local authority who have failed to bid successfully within their bidding time will be offered one property. If refused the Allocations Manager will review the case and priority may be lost.
Applicants, who are not subject to direct bidding above, who have refused 2 reasonable first offers of accommodation within 2 years of the date of the original offer made or arranged by the council and there has been no material change in their circumstances so as to make the earlier offer(s) clearly unsuitable in the light of the applicant’s changed circumstances will have their case closed and will have to reapply to the housing register subject to being an eligible and qualifying person. People who are second or third on the shortlist and become the first, due to the refusal of the first or second applicant, and refuse will be deemed “first” under this part of the policy.
It should be noted that if a tenancy is accepted and then refused without the tenancy being moved into this will be seen as a refusal and dealt with as such. It should be noted that a failure to respond to an offer of accommodation will be seen as a refusal unless there is good reason for not responding.
Offers of accommodation that are the subject of a review will not be held empty while the refusals are reviewed but let to the next available applicant.”
Applicants:
To maintain a transparent and open system that aligns offers of accommodation across all groups the allocations policy will apply suitability of all offers of accommodation using the criteria that is used for homeless applicants under the Housing Act 1996 (part vii, s210)
In the above cases the council will make a suitable offer, one that as far as possible matches the size, and type of property the applicant is eligible for. The applicant must give their reasons for refusing. The property will not be held empty while the refusal is reviewed but will be let to another applicant.
If the offer is to a homeless household the Temporary Accommodation Allocations Manager will check the case and see if the offer will be enforced. Applicants will be given the required notification on their rights to request a review under Housing Act 1996 Part VII s202. Applicants will be advised that they should accept an offer of accommodation and can still request a review under Part VII. This will at least leave the person with some accommodation if the review process does not uphold their review.
If an offer is to other categories of applicant, Homemove will consider the reasons for refusal. If there is a clear mismatch, for example, where applicant or property details were incorrect, the offer will be withdrawn and the applicant notified. If the offer was found to be a reasonable one, the Allocations Manager will advise the applicant of the reasons for this finding and of the effect that this decision has on their application.
Applicants who have refused a suitable offer of accommodation will have their application closed, please note that if applicants who are second or third become first for an offer and refuse will be deemed 'first' under this part of the policy.
It should be noted that if a tenancy is accepted and then refused without the tenancy being moved into this will result in the application being closed. There is no facility for an application set to a status of let being reopened. This will be seen as a refusal and dealt with as the above.
All cases will be dealt with based on information supplied and submitted. There is no right to request a further review of the decision.
It should also be noted that this does not include Accepted Homeless cases where if households in this group are successful in obtaining an offer of accommodation within three months, this will be considered a final offer. Any refusal of offers for accepted homeless case will be dealt with under the reviews procedure under Part VII Housing Act 1996 and not under the allocations policy.
The council may exercise discretion to retain the current bandings or priority dates in certain instances, for example where a council or housing association tenant is releasing a property they are under occupying or one that has been adapted that could meet the needs of households who are waiting in a high banding.
All properties let will be listed on the Homemove website showing the number of bidders for each property and the band and priority date of the successful applicant.
Joint tenants remain jointly and severally liable for the terms of any tenancy granted by the council or housing association. A tenancy agreement is a legal contract between the landlord and the tenant. If one of the joint tenants leaves or abandons the property, it is the responsibility of the remaining tenant to take action to resolve the situation. Whether a joint tenancy can be ended is fact specific. Any joint tenant wishing to bring their tenancy to an end should seek independent legal advice.
The council will grant a joint tenancy to partners applying together for housing where both parties are eligible. A joint tenancy remains in joint names until one or both joint tenants terminate the tenancy.
A local lettings plan is an agreement between the social landlord and local tenants and residents that restricts lettings in the area to certain households. This is done to tackle a specific issue or problem that has been identified locally at either block, street, estate, neighbourhood or city level, or to achieve a sustainable community on a new development.
Local lettings plans allow the council or HA to:
Four key elements will be considered when developing a new local lettings plan:
Developing a stock and demand profile of the area - this may include a breakdown of, and information on:
The landlords and partners will be responsible for consulting with residents and existing tenants and involving them in the development of any proposals for Local Lettings Plans. This may involve carrying out ‘door to door’ surveys to collate resident and tenant’s views. Partner landlords who have stock within the area will be consulted on the need or otherwise for a local plan. Full Equality Impact Assessments will be carried out on all plans.
The council will evaluate the information in the stock and demand profile. It will also take account of tenants’ views when identifying recommendations to develop local lettings criteria. The council must also consider diversity and equal opportunity issues of local communities when formulating any local lettings plans.
Recommendations may include some of the following criteria:
Once a report with recommendations has been finalised, the council will have to formally adopt the plan and this will override the current eligibility criteria. This will take into account the impact of overall lettings in the district. Any property subject to a Local Lettings Plan will be clearly labelled (LLP) within the advertisements.
The council will ensure that local lettings plans are publicised and implemented. In addition, they will ensure that these plans are continuously monitored and reviewed annually or in line with the local lettings plan recommendation of any review period not exceeding 4 years, with the involvement of local tenants and residents. If a local lettings plans is agreed it will be promoted within the affected area. If a local lettings plan is not reviewed on an annual basis or in line with the recommendations agreed by committee, then the local lettings plan will lapse.
An applicant will be notified of the right to a review under the allocations policy. The Right of Review under the allocations policy are as follows:
(i) A decision an applicant is not eligible (s160ZA(9(a and c))
(iii) A decision that an applicant is not a qualifying person for an allocation, 160ZA(9(b)) and (s166A(9)(c))
a. The type of property for which an applicant will be considered
b. The extend of the applicant’s household to be considered for housing with the applicant
c. The applicant’s medical condition or welfare needs
d. Other fact used to determine whether the applicant in entitled to a reasonable preference
e. Whether the applicant should receive additional preference on the grounds of urgent housing need or otherwise and
f. Determining the applicant’s priority including his or her financial resources, behaviour (or that of his or her family), and local connection.
The Secretary of State has issued guidance on how the local authority should carry out reviews under the allocations policy, (s166A(10)).
The review procedures should be clearly set out, including timescales for each stage of the process, and must accord with the principles of transparency and fairness. Failure to put in place a fair procedure for reviews, which allows for all relevant factors to be considered, could result in a judicial review of any decision reached. The following are general principles of good administrative practice:
Applicants will be notified that they will have 21 days to request a review of any decision that is statutorily reviewable.
Review requests that are received outside of the 21 day time limit may be accepted if there are exceptional circumstances as to why the applicant was unable to request a review within 21 days.
Applicants will be notified that the request for review should be made in writing, and that it would also be acceptable for the request to be submitted by a representative on their behalf. Applicants will also be advised of the information which should accompany the request.
Representation for the review will normally be made in writing setting out the grounds for the review and any other submissions that the applicant wishes to be considered as part of the review. In exceptional circumstances the council may allow an applicant to make verbal representations to the person carrying out the review, if for example the case is extremely complex.
The review will be carried out by an officer who is senior to the person who made the original decision by at least one grade. It will not be carried out by a person who made the original decision or involved in the decision that is subject to the review.
The review will be considered on the basis of the authority’s allocation scheme, any legal requirements and all relevant information. This should include information provided by the applicant on any relevant developments since the original decision was made – for instance, the settlement of arrears or establishment of a repayment plan or departure of a member of the household responsible for anti-social behaviour or a change in a person’s medical or mobility.
Reviews should be completed wherever practicable within 8 weeks from the date the review is requested. The applicant or their representative may request an extension of time to submit representations. The council will look to notify an applicant if the review cannot be completed with eight weeks with the reason for the extension.
Applicants will be notified in writing of the outcome of the review. The notification will set out the reasons for the decision. This is to assist the applicant and the authority if, for example, the applicant is not satisfied with the outcome and decides to seek a judicial review or to take their case to the Local Government Ombudsman.
An applicant who is dissatisfied with the outcome of a decision made on review can either decided to pursue their case to the Local Government Ombudsman or to seek a judicial review. If an applicant is seeking to pursue the matter by way of judicial review then they are advised that to seek advise from a legal advisor before doing so.
There is no right for an applicant to request a review of a review.
| Sentence/disposal | Rehabilitation period if aged 18 or over when convicted/disposal administered | Rehabilitation period if aged under 18 when convicted/disposal administered |
|---|---|---|
| A custodial sentence of over 48 months | Never spent | Never spent |
| A custodial sentence of over 30 months but not exceeding 48 months | 7 years from the date on which the sentence (including any licence period) is completed | 42 months from the date on which the sentence (including any licence period) is completed |
| A custodial sentence of over 6 months but not exceeding 30 months | 48 months from the date on which the sentence (including any licence period) is completed | 24 months from the date on which the sentence (including any licence period) is completed |
| A custodial sentence of up to 6 months | 24 months from the date on which the sentence (including any licence period) is completed | 18 months from the date on which the sentence(including any licence period) is completed |
| Fine | 12 months from the date of the conviction in respect of which the fine was imposed | 6 months from the date of conviction in respect of which the fine was imposed |
| Community order | 12 months from the last day on which the order has effect | 6 months from the last day on which the order has effect |
| Simple caution, youth caution | Spent immediately | Spent immediately |
| Compensation order | On the discharge of the order (meaning, when it is paid in full) | On the discharge of the order (meaning, when it is paid in full) |
All offences that are not spent must be disclosed to the council on the application form. No offences that are spent have to be disclosed under the Rehabilitation of Offenders Act 1974.
Applicants who are required to sign onto the sex offenders register are required to inform the council that they are required to do so.
Offers of accommodation for this group may require authorisation from the public protection or Multi-Agency Public Protection Arrangements before they can proceed to an offer of accommodation.
Any refusal by public protection or MAPPA to agree to the offer will result in the offer being bypassed.
The council recognise the need for the allocations scheme to contain an element of social mobility whilst protecting social housing as a valuable and scarce resource. In order to strike a balance the council may enter into reciprocal arrangement with another local authority or housing association.
All reciprocal arrangements are agreed on a discretionary basis and the council retains the right to decline a request for a reciprocal agreement if it is not considered to be in the interests of the council.
Applicants must have been registered on a mutual exchange system and have been unable to obtain housing through these schemes, except in the case of domestic abuse.
The Allocations Manager must approve all reciprocal arrangements both in and out bound.
Requests for a reciprocal agreement will only be accepted if a person would otherwise meet the eligibility and qualification criteria contained in this policy requests for a reciprocal agreement for anti-social behaviour and rent arrears will usually be refused. Applications will be considered to take into account the Benefit Cap on any reciprocal request.
Reciprocals are only agreed when there is no material loss to the council in terms of available housing stock. In most cases, this means that the council will expect back a property of equal or larger size than the unit offered. The unit must also be comparable in terms of quality and type. If a property requirement is within mobility groups one or two it will be mandatory that the reciprocal is of the same group and in the case of an inbound request that an outbound reciprocal will have to be identified before a request will be agreed.
In exceptional circumstances, the council may agree to accept an equal number of bedrooms in exchange for a larger unit of the same number of bedrooms, i.e. one three-bed for three one-beds or one one-bed and one two-bed, This will only be considered where there is no other re-housing option available to the applicant and where there is a strong welfare reason to support the request. This request may be agreed where a tenant under the TIS or TSS schemes will vacate family size accommodation.
The council expects to receive back the replacement unit within twelve months of the original re-housing.
The local authority or housing association concerned will be required to provide a written commitment to the terms of the reciprocal, as agreed by the Allocations Manager.
Applicants approved on a reciprocal basis will be placed in and be able to bid for the agreed housing appropriate to meet their needs for three months and if unsuccessful during this period will be given one direct offer of suitable accommodation. If this is unreasonably refused the application will be closed. The council’s one offer policy applies.
The council will contact the applicant’s landlord at the point of re-housing, to notify them of the move and to request details of the property being provided in replacement.
The applicant will not be re-housed out of turn and all of the terms of bidding, shortlisting and letting apply.
i) As a local housing authority we must consider all applications made in accordance with the procedural requirements of our allocation scheme (Housing Act 1996 sections 166(3) and 166A(14)).
In considering applications, we must decide:
ii) An applicant may be ineligible for an allocation of accommodation under s.160ZA(2) - (4). We will consider an applicant’s eligibility at the time of the initial application and again when considering making an allocation to them, particularly where a substantial amount of time has elapsed since the original application.
iii) Under s.160ZA(1)(b), we must not grant a joint tenancy to 2 or more people if any one of them is a person from abroad who is ineligible. However, where 2 or more people apply and one of them is eligible, we may grant a tenancy to the person who is eligible. In addition, while ineligible family members must not be granted a tenancy, we should take them into account in determining the size of accommodation which is to be allocated.
iv) The eligibility provisions do not apply to applicants who are already our tenants, unless the application for a transfer is made by the tenants and the applicant has a reasonable preference under section 166A(3) of the 1996 Act (s.159(4B)).
v.) A person may not be allocated accommodation under Part 6 if he or she is a person from abroad who is ineligible for an allocation under s.160ZA of the 1996 Act. There are two categories for the purposes of s.160ZA:
vi) The regulations setting out which classes of persons from abroad are eligible or ineligible for an allocation are the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (SI 2006 No.1294) (’the Eligibility Regulations’). Persons subject to immigration control
vii) The term ‘person subject to immigration control’ is defined in s.13(2) of the Asylum and Immigration Act 1996 as a person who under the Immigration Act 1971 requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
The following categories of persons do not require leave to enter or remain in the UK:
viii) person A subject to immigration control will be ineligible for an allocation of accommodation unless they fall within a class of persons prescribed by regulation 3 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 .
xi) If there is any uncertainty about an applicant’s immigration status, an applicant will be asked to get an online ‘share code’ from UK Visas and Immigration so we can confirm their immigration status.
x) Regulation 3 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 sets out the classes of persons subject to immigration control are eligible for an allocation of accommodation. These regulations are updated frequently, so staff, applicants and their advisors should refer to the latest available version of the regulations.
xi) Regulation 4 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 sets out the persons from abroad who are not subject to immigration control who are ineligible for an allocation of housing. These regulations are updated frequently, so staff, applicants and their advisors should refer to the latest available version of the regulations.
There are 2 standards in Part X of the 1985 Housing Act that are used to assess whether a home is ‘statutorily overcrowded.’ If either or both of these standards are breached a dwelling will be statutorily overcrowded.
Section 325 of the Housing Act 1985 provides that there is overcrowding wherever there are so many people in a house that any two or more of those persons, being ten or more years old, and of opposite sexes, not being persons living together as husband and wife, have to sleep in the same room.
For these purposes children under ten may be disregarded and a room means any room normally used as either a bedroom or a living room. A kitchen can be considered to be a living room provided it is big enough to accommodate a bed. When interpreting this definition a local authority looks at how the sleeping arrangements within the premises could be organised rather than how they are actually organised
Thus, a couple, with two children of opposite sexes and aged ten years old or more, with two living rooms (for example, bedrooms), are not statutorily overcrowded because the couple could occupy separate rooms, with one each of the children (of the appropriate sex). There is no limit on the number of people of the same sex who can live in the same room although there may be a contravention of the space standard (see below).
This standard works by the calculating the permitted number of people for a dwelling in one of two ways. The lower number thus calculated is the permitted number for the dwelling. One test is based on the number of living rooms in the dwelling (disregarding rooms of less than 50 square feet):
A child below the age of one does not count and a child between the age of one and 10 counts as a half person.
The other test is based on floor areas of each room size: