Introduction

The Housing Act 1996 (as amended by the 2002 Homelessness Act) requires local authorities to make all allocations and nominations in accordance with an allocations scheme. This scheme has been developed in line with relevant legislation and statutory guidance.

This document sets out the criteria which will be used to allocate social housing available to the council. The accommodation available to the council includes homes managed by Inspiral (Oldham Ltd) and Housing 21 under PFI contracts and those owned by Registered Providers with whom the council has a “Nominations Agreement.”

As demand for social housing in Oldham exceeds supply, the main purpose of this scheme is to ensure that when deciding who will be offered social housing the council delivers its legal responsibilities and supports communities in Oldham by protecting the vulnerable and supporting people who make a valuable contribution in their community.

The council has established a Common Allocations Framework which makes it easier and simpler for customers to access social housing in Oldham. The Framework enables:

• operation of a single choice based lettings scheme access and allocations of homes in accordance with a single allocations scheme
• access to most of the social housing available in Oldham to those seeking housing
• consistency of access to housing provided by a range of landlords
• better communications and flow of information in the lettings process, and
• understanding of the housing needs in the borough.

The Framework comprises the majority of Registered Providers operating in Oldham, who work together to develop, implement and review the approach to allocations in the borough.

A list of the all the registered providers who are members of the Framework can be found at Appendix 7.

Amendments

This allocations scheme will be subject to review. Minor changes to the scheme will be approved by the Council’s Executive Director of Economy. If significant policy changes are required the Council will undertake statutory consultation with key stakeholders including Registered Providers, Councillors and customers.

Aims of the allocations scheme

As there is a continued substantial demand for rented housing across Oldham, this scheme seeks to achieve a balance between enabling the council to fulfil its statutory duty to give reasonable preference to those in urgent need of housing, to allow fair access to all eligible housing applicants and also to promote more sustainable communities by, for example, giving priority to people who contribute to their community in various ways.

This allocations scheme aims to provide:

• A scheme that meets all legislative requirements.
• Make best use of our social housing stock to meet the needs of those in most urgent housing need and/or the most vulnerable.
• Ensure the Housing Needs Register reflects housing needs of the borough.
• Incentivise and reward those in housing need who are working or making a community contribution.
• Voids are let efficiently and in the minimum amount of time
• Create and support sustainable neighbourhoods and communities
• Choice to applicants balanced against the shortage of social housing.
• A scheme that ensures that no group or individual is discriminated against as a result of this policy and to promote equal opportunities.

The council and Registered Provider partners are committed to:

• developing and delivering fair rehousing services and policies
• improving access to housing services
• monitoring service outcomes to ensure that the Allocations Scheme is meeting its aims.

The council aims to operate a fair, non-discriminatory policy in letting properties which complies with the Equality Act 2010.

Allocations

The Housing Act 1996 Part 6 defines a Local Authority allocation as when a person is:

• Selected to be a secure or introductory tenant of Local Authority’s owned housing accommodation.
• Nominated to be a secure or introductory tenant of housing accommodation held by another agency or landlord.
• Nominated to be an assured or introductory tenant of housing accommodation owned by a Registered Provider.

The tenancies offered may include fixed term tenancies. The types of tenancies offered by the Council and Registered Provider partners are described in the Council’s Tenancy Strategy.

Oldham Council may not apply the Allocations Scheme to existing secure, assured or introductory tenants or licensees, unless that person makes an application for housing. Where a landlord requires a tenant to move (for example, to facilitate redevelopment or refurbishment), the Council will instead offer them suitable alternative accommodation in accordance with the provisions of Section 84 (2) (b) and Schedule 2, Part IV of the Housing Act 1985.

The following are not ‘allocations’ under this scheme and therefore and are not therefore subject to this policy:

• All transfers initiated by the council, for example due to a tenant being displaced from their accommodation.
• Succession of a tenancy after a tenant’s death.
• Assignment by way of mutual exchange.
• Transfer of a tenancy by a court under family law provisions.
• The conversion of an introductory tenancy or starter tenancy into a secure or assured tenancy.
• Identifying an occupant for temporary accommodation to house homeless households owed a duty under the homelessness legislation.

• Nominations made not under Part 6 of the Housing Act 1996 for offers of assured tenancies, assured shorthold tenancies or other tenancies or licences from private landlords or housing charities who are not Registered Providers.

Registered Providers may transfer their own tenants within their stock. Transfers of existing tenants within a Registered Provider’s stock are not subject to this allocations scheme. However Registered Providers may use the Council’s Choice Based Lettings, which is the Oldham Council’s website to advertise properties available for transfer. These will be labelled clearly as offering priority for existing tenants of the allocating landlord. Registered Providers who are part of the Common Allocations Framework may retain up to 15% of all of their available properties for transfers.

Legal requirements

Local Authorities are required to make allocations in accordance with a published allocations scheme, as described in the 1996 Housing Act (as amended by the 2002 Homelessness Act). The Housing Act also requires local authorities to publish their statement on offering applicants choice in relation to rehousing.

This policy complies with all the requirements of the Housing Act 1996 and takes into account all current statutory guidance including:

• ‘Allocation of Accommodation: guidance for local housing authorities in England’ issued in 2012
• ‘Providing social housing for local people: Statutory guidance on social housing allocations for local authorities in England’ published in 2013
• ‘Right to Move: Statutory guidance on social housing allocations for local housing authorities in England’ published in 2015.

The council is required by the Housing Act 1996 to provide the following information:

• A free summary of the housing allocations scheme. This is available at the Housing Options Reception, Access Oldham, Civic Centre, West Street, Oldham, OL1 1UH, plus the offices of Registered Providers. It is also available to download on Oldham Council’s website - www.oldham.gov.uk
• A full copy of the scheme. This is available on request. A reasonable charge may be levied for this.

Meeting housing need in Oldham

This scheme is based on:

• the recognition of reasonable preference categories that are set by law, i.e. those applicants who must be given reasonable preference under the council’s allocations scheme.
• Prioritise applicants for housing based on the needs of the local area.
• the principle that social housing priorities should be set on the basis of an applicant’s housing needs.

Reasonable preference for housing must be given to those in the categories in the 1996 Housing Act, amended by the 2002 Homelessness Act, listed below. A full description of each of these categories and how they are applied is given in paragraphs 143-191 of this policy. The statutory reasonable preference categories cover:

· all categories of homeless people (whether or not the applicant is owed a statutory homeless duty and regardless of whether such cases have any local connection with Oldham Council).

· people occupying insanitary, overcrowded or otherwise unsatisfactory housing.

· people who need to move on medical or welfare grounds (including grounds relating to a disability).

· people who need to move to a particular locality within the district to avoid hardship to themselves or others.

Oldham also has some groups of applicants to which it will give a local priority. These include:

· council and registered provider tenants who would like to move to a home with fewer bedrooms than they have now

· applicants occupying council or registered provider owned homes with adaptations which they no longer need.

· In addition to the statutory categories of Reasonable Preference the council has chosen to give RP to foster carers, kinship/connected carers and households seeking to adopt a child. The application will need to be supported by the Council’s Fostering Service and Adoption NOW (regionalised adoption agency).

Additional priority will be granted to reflect the needs of those applicants owed reasonable preference that the council believes have urgent housing needs.

Additional Preference will be granted to reflect the needs of those applicants owed Reasonable Preference that the council believes have urgent housing needs.

Applicants with Reasonable Preference may have their priority for housing reduced if they have higher levels of income or assets or are home owners with more than 30% equity in their home. Further details can be found at paragraphs 198 - 200.

Administering the allocations scheme

There is no statutory requirement for the Council to maintain a Housing Needs Register. However the Council has chosen to hold a register for applicants with a recognised housing needs.

The council administers the Allocations Scheme and the council retains full responsibility for the policy itself (including any amendments to it) and for consulting Registered Providers and any other stakeholders on any proposed changes to the policy.

The administrative functions that the council carries out to administer the allocations scheme include (but are not limited to):

• processing all applications for housing
• decision making relating to eligibility to join the Housing Needs Register, and qualification for housing and housing priority for those with Reasonable Preference.
• initial assessment of whether an offer of accommodation was reasonable in cases where it has been refused by an applicant on the Housing Needs Register
• ensuring that advice and information about social housing allocations and the Allocations Scheme are available.
• administration of the Housing page on Oldham Council’s website, which is the Council’s Choice Based Lettings scheme.

The Council will verify the circumstances of applicants with Reasonable Preference joining the Housing Needs Register to confirm the applicant’s eligibility and qualification for housing, and their priority for housing.

Applicants who do not have a recognised housing need will not be accepted onto the Housing Needs Register.

Oldham Council’s policy on choice

The Housing Act 1996 requires Local Authorities to publish a statement of the authority’s policy on offering applicants choice in relation to rehousing.

Applicants will be asked to state those areas where they believe that they cannot live due to a fear of violence, harassment or domestic abuse. The Council will decide whether those fears are sufficient for not allocating accommodation in the areas stated. If the fears are considered to be sufficient, then the Council will not make an offer of accommodation in those areas, and the refusal of an offer in those areas will not adversely affect the application on the Housing Needs Register. Applicants should only bid for homes appropriate to their needs.

Monitoring and evaluation

The allocations policy will be reviewed periodically and may be amended, for example, to alter the allocations outcomes or to incorporate emerging best practice, case law or new statutory guidance relating to the allocation of accommodation.

Equality and diversity

The allocations scheme is intended to provide a fair approach to the allocation of homes, ensuring that no applicant experiences discrimination relating to the Protected Characteristics defined in the Equalities Act 2010.

Oldham Council is committed to providing clear and comprehensible information. Support will be offered to applicants who have difficulty reading or understanding this allocations scheme.

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