Housing allocation scheme

We assess all of the information you provide to support your application in full. If your household is not assessed as having a housing need, you will not be included on the register. If your circumstances change you will need to re-apply.

Otherwise, the two main factors that determine a household’s priority on the register are your housing need and priority date. We assess housing need in terms of three priority bands which are explained below. Other factors can also affect housing priority in specific cases. The main ones are explained later in this section.

We will email or write to tell you whether you have been included on the register. If you have been included, we tell you in which priority band you have been placed.

If you believe the current Allocations Scheme has been applied incorrectly when assessing your application, you have the right to request a review - see section 10.

You must tell us of any change in your circumstances within 14 days of the change. We will email or write to you to let you know if the change affects your level of housing need and priority band. The banding reflects broad levels of housing need, so changes in your circumstances may make no difference to the band you are in. However, sometimes a significant change in circumstances, such as a move to another address, the birth of another child, a change to your household income or savings or a substantial change in mobility may result in a reassessment of your priority. Your application will usually be suspended, and you will not be able to bid for any properties until you have provided enough written evidence to allow us to verify the change and reassess your priority.

Priority date

Your household’s priority date is the date that you submit your initial application. If we receive new information and this results in a change to your priority band which causes your banding to increase, then your priority date will be amended to the date that you notified us of the change. If the new information causes no change or you are placed in a lower priority band, your priority date will remain unaffected.

Priority bands

The three bands broadly equate to:

• A - Exceptional Priority
• B - High priority
• C - Medium priority

Within each band, relative priority is determined only by priority date.

Your household will be placed in the appropriate band according to its highest need, not the accumulation of its needs. For example, if you are awarded a high priority on medical, disability or welfare grounds, you will be placed into band B regardless of whether you are also threatened with homelessness.

However, if the Council has determined that you have become homeless intentionally and you qualify to be included on the housing register, you will be placed into band C regardless of whether you have another housing need that would give rise to a higher priority band, for example overcrowding. Your priority band will be reviewed by the Housing Solutions Service 24 months after the Council’s decision that you became homeless intentionally. If you have not secured settled accommodation in this time, you will remain in band C.

A - Exceptional Priority

• Households where one or more members are wheelchair dependent in the home, and do not currently occupy a wheelchair accessible/adapted home.
• Those unable to be discharged from hospital or other inpatient setting as their accommodation is unsuitable for their medical or disability needs.
• Conditions at your property are assessed by our Private Sector Housing Service as presenting an immediate threat of serious injury or are life threatening.
• Those currently residing in refuge after fleeing their home on extreme welfare grounds and it has been established that it is not safe for a return to the last settled address.
• Households that require urgent rehousing as a result of violence or to escape serious anti-social behaviour of domestic abuse as evidenced in section 4.8.
• Under-occupation - housing association tenants living in the borough who need at least two bedrooms fewer than their current home.

B - High priority

• Overcrowding – applicants assessed as being overcrowded by two or more bedrooms than their current home.
• Homeless applicants where we have accepted a section 193 (2) duty to secure accommodation under part VII of the Housing Act 1996 and that duty has not been ended.
• Applicants who are being evicted from the family home and are owed a Section 195(2) prevention duty. This will only apply to applicants who have never held a tenancy of their own and where the use of temporary accommodation can be prevented by the applicant remaining at their current address.
• Households where one or more members are awarded a high priority on medical, disability or welfare grounds.
• Under-occupation - housing association tenants living in the borough who need one bedroom less than their current home.
• Housing association tenants living in

C - Medium priority

• Overcrowding – applicants assessed as being overcrowded by one bedroom.
• People owed a duty under section 190(2) accommodation for a reasonable period if found intentionally homeless, 189(B) relief duty or 195(2) prevention duty under the Housing Act 1996 and those duties have not ended (or section 65(2) or 68(2) Housing Act 1985).
• Those who are of no fixed abode, including those staying or sofa surfing with relatives or friends, or verified rough sleepers.
• Tenants occupying HM Forces service family accommodation who are threatened with homelessness because they have been served with a valid notice to vacate their tenancy (usually at least 3 months).
• Applicants assessed as needing sheltered accommodation who are not currently residing in sheltered accommodation.
• Applicants awarded priority on property condition grounds.
• Households where one or more members are awarded a low priority on medical, disability or welfare grounds.
• Applicants living in non-traditional housing (for example, houseboat, caravan or commercial premises) who lack any kitchen and/or bathroom facilities.

Homelessness

If we accept that you are eligible, unintentionally homeless and in priority need(10) , you can be offered a suitable private sector tenancy. When you accept a private rented sector offer in discharge of our homelessness duty your application will be removed from the housing register. However, if within two years of the date on which you accepted the private rented sector offer you become unintentionally homeless or threatened with homelessness unintentionally, your housing register application will be reinstated.

Overcrowding/under-occupation

We assess overcrowding and under-occupation by comparing the number of bedrooms in your home against your household’s needs. You will be assessed as needing one bedroom for:

• the applicant and any partner;
• any additional adult couple;
• any two siblings of the same sex up to the age of 16;
• any two children aged under 10 regardless of sex;
• for any additional person;

You will be assessed as needing an extra bedroom if:

• You have a disabled child who is unable to share a room with a sibling(11) ; or
• you are an approved foster carer whether or not a child has been placed with you or you are between placements (so long as you have fostered a child, or become an approved foster carer in the last 12 months); or
• you have adult children in the Armed Forces (but who continue to live with you) who will be
• treated as continuing to live at home, even when deployed on operations; or
• a member of your household is temporarily absent from your home because they are attending afull time University course.

A bedroom is defined as any room intended to be used as a bedroom as defined in a tenancy agreement.

The Council will also count any second communal room, as a bedroom when measuring overcrowding.

Your living room will not be considered as a bedroom unless you live in bedsit/studio accommodation without a separate bedroom. Where a dwelling has two separate living/reception rooms we will consider the second room as suitable for use as a bedroom if this leaves enough living room space for the household.

For the purposes of assessing overcrowding:

• two children of the same sex would be expected to share a bedroom until the eldest reaches 16 years of age;
• two children of the opposite sex would be expected to share a bedroom until the eldest reaches 10 years of age;
• a couple or single parent would not be expected to share their bedroom with a child;

Property size guidelines

Generally, homes are offered in line with the following guide:

Notes:

1. Couple includes heterosexual or same-sex couples, whether married, in a civil partnership or living together in the same household.

2. A valid MAT B1 will be required where an extra bedroom is needed in line with this policy for an expectant child

Exceptions to this guide, depending on individual circumstances, include:

• a medical recommendation for a bigger home (12) for example to:
  • meet a medical or disability need for an extra bedroom; or
  • accommodate a carer; or
• the available home has special adaptations and there are no other applicants of the correct household size available that need those adaptations; or
• the allocation is the result of an emergency; or
• the home is being used as temporary accommodation; or
• the home is being let under the terms of a local lettings policy.

Bungalows will generally be allocated to households where the applicant or a member of their household needs level-living accommodation.

Property condition

If you state on your housing application form that there are problems with the condition of your home, you will first be sent information on working with your landlord to rectify the situation and you must co- operate with your landlord to rectify any issues. Where your landlord is not cooperating and we have evidence of this, we will then make a referral to our Private Sector Housing team who may contact you and your landlord. No priority will be awarded if you fail to co-operate with your landlord, refuse to allow us to contact your landlord or prevent works being carried out, for example by refusing to let contractors into your home to undertake the works.

If a visit is determined necessary by the Private Sector Housing team, they will inspect and assess your home using the Housing Health and Safety Rating System (HHSRS). We use this to identify and categorise any hazards(13) to health and safety. A crowding and space hazard is included within the housing needs assessment of overcrowding and, if present, no additional priority will be awarded under property condition grounds.

Band A priority will only be awarded to applicants who currently occupy a property which has at least one category 1 hazard (excluding crowding and space) where the conditions present an immediate threat of serious injury or are life threatening and where remedial action is considered unreasonable or impractical for cost or other reasons. Examples of where remedial action is considered unreasonable or impractical:

• where work cannot be carried out to remedy a serious hazard with the applicant in residence and no alternative accommodation is available to the applicant to assist in progressing remedial works; or
• where the risk from the hazard in the property is greater because of being an elderly person or having a young child but the property would be relatively safe for occupation by others.

Band C priority will only be awarded to applicants who occupy a property which has at least one category 1 hazard (excluding crowding and space) where:

• the category 1 hazard(s) identified pose a significant threat to the health and wellbeing of the occupants but where there is no immediate danger, or it is not life threatening, and remedial action is considered unreasonable or impractical; or
• you do not have access to one or more of the basic facilities: bathroom, kitchen, inside toilet, cold or hot water supplies, electricity and this cannot be remedied within a reasonable timescale (this does not apply if you live in shared accommodation and share these facilities with another household).

Medical or welfare reasons for moving

In this section, “medical” is used to mean medical and/or disability needs (including learning disabilities) and “welfare” is used to mean social and/or welfare needs.

We will decide the level of priority to be awarded on medical or welfare grounds based on the information you submit. If you consider that anyone in your household has a medical condition that is affected by your current housing, you must give your reasons by providing independent verification from your General Practitioner (GP), Hospital Consultant, or other health professional. If an applicant wishes to be considered for a high priority band or additional room for medical or welfare reasons, GP verification alone will not be sufficient.

In welfare cases you should provide independent verification of your circumstances from your Social Worker, Support Worker or other professional involved in your case. For medical cases we may ask you to provide further evidence or refer your case for independent medical advice. For welfare assessments we may ask you to provide further evidence or, where appropriate, we may make a joint assessment with Social Services, or an appropriate support agency.

Medical Cases

• We look at whether your current housing makes a medical condition worse.
• In mobility cases we look at the severity of your difficulties in relation to your property. Factors such as the number of steps inside and leading to a property and whether you have a lift or ramp may be relevant.
• If so, we consider whether a move to more suitable housing would either improve the medical condition or substantially improve your quality of life.
• If you have medical needs, but a move would not significantly improve the situation, there will be no change in priority based on medical grounds.
• Overcrowding may impact on the health and well-being of some or all members of your household and/or the needs of any children as they grow up. This is considered in the overcrowding assessment, and usually no further priority will be awarded.

Welfare cases

• Working with other people involved in your care, we may identify ways to help you stay in your current home with appropriate ongoing support. If this resolves your support needs, you will not be awarded any priority on welfare grounds.
• Otherwise, we look at whether your needs are made worse by your current housing.
• If so, we will consider whether a move to more suitable housing would improve things for you.
• If you have welfare needs, but a move would not significantly improve the situation, there will be no change in priority on welfare grounds.

If you need to move into the borough in order to provide or receive significant and ongoing care or support to or from an immediate family member (children over the age of 18, parents, or brothers/sisters) we will look at the following factors as part of the assessment:

• the level of care and support that is required and whether this can be provided locally or by a formal care package;
• whether you and/or your family member can drive or use public transport;
• whether you and/or your family member are in receipt of Carer’s Allowance;
• whether you need or can provide frequent assistance with activities of daily living, including household chores, preparing, and cooking meals, organising finances, and attending to medical needs including administering medication and attending appointments.

If you are currently living in supported housing and have been assessed by the support provider as ready to move on into independent living, you will usually be awarded a high priority on welfare grounds.

High priority will usually be awarded where:

• your accommodation is unsuitable and has a significant impact on your medical, welfare or disability needs, and as a result a move is essential; or
• a medical condition is very serious or life threatening, or welfare needs are very high, and health or related quality of life could be substantially improved by a move to more suitable accommodation.

If awarded a high priority, your household will be assessed as band B. Examples of cases where we may award high priority are shown in the table below. Medium priority will usually be awarded where:

• your accommodation has some impact on your medical, welfare or disability needs, and a move would be desirable but is not essential; or
• a medical condition or welfare needs are low and related quality of life could be improved to a limited extent by a move to more suitable accommodation.

If awarded a medium priority, your household will be assessed as band C.

If you are experiencing difficulties in accessing your home due to non-medical matters such as carrying children, shopping, prams, or pushchairs on external or communal stairs or do not have access to a private garden, you will not usually be awarded any change in priority based on medical or welfare grounds.

Domestic Abuse, violence, or harassment

Applicants who need to move due to DA, violence or harassment at a high level will be verified by the Police, and or other agencies as necessary.

Households subject to MARAC

Those currently living in the Borough of Tonbridge and Malling, who have been assessed as high risk by MARAC and provided with a supporting letter to evidence this, will not be eligible to join the housing register, as it has been deemed unsafe for them to remain in the area.

We recognise that there are cases where it has been agreed during MARAC and with any additional services involved, that in certain circumstances there may be a need to remain in Borough for support. Any applicants with an exceptional need to remain in the area will be assessed on a case-by-case basis.

Please note that MARAC letters must be provided to us by the relevant support worker only. MARAC letters uploaded directly to the application by the applicant, will not be taken into consideration as evidence.

Standard to medium risk households

Households that have been assessed as standard to medium risk and the current accommodation is otherwise suitable for the households needs, will be considered for a referral to the Sanctuary Scheme before they are considered for the housing register. As this may enable the household to remain in their current home.

Where a need to move is identified and violence is a feature, the household will not be offered a home within the vicinity of the area they are fleeing.

Examples of cases where we may award high priority (“you” means you, or someone in your household)

• A medical condition may get worse because of continuing to live in the property.
• If you are unable to get in or out of your home due to your mobility difficulties and it is not possible for adaptations to be carried out.
• You may be at risk in your home but could continue to live independently if you were able to move nearer to relatives who could provide suitable care for you.
• You need to move because you provide care, without which the person being cared for is at risk of harm or may have to move into residential care.
• You need to move to suitable accommodation because of a serious injury, medical condition or disability sustained because of service in the Regular or Reserve Forces.
• Your household includes a child who is assessed as a Child in Need under the Children Act 1989, for example, because of a disability, illness, or developmental problems, and you require suitable accommodation to meet that need.
• You have been approved by Social Services for adopting or fostering a child and a child is to be placed, but your current accommodation is not suitable for the child.
• Where the Council has a duty to re-house displaced occupiers into suitable alternative accommodation:
  • under the Rent (Agriculture) Act 1976, where an agricultural worker needs to be re- housed as his/her accommodation is required to accommodate another worker in the interests of efficient agriculture; or
  • following the compulsory purchase of a property under the Land Compensation Act 1973.
• You have suffered severe emotional or physical trauma resulting from violence (including hate crimes and domestic abuse) or threats of violence, or physical, emotional, or sexual abuse. Your priority will be reviewed after 6 months if you have not been rehoused and may be removed if you are no longer considered to need an urgent move.
• You are currently living in specialist supported accommodation and have successfully completed a support programme and are considered by the scheme manager to be both ready to move-on and capable of sustaining an independent tenancy. Your priority will be reviewed after 6 months if you have not been rehoused and may be removed if you are no longer considered to need an urgent move.

Notes

10 - And therefore owed a housing duty under s193 Housing Act 1996 (as amended), the offer of a suitable private sector tenancy will discharge this duty. Further details are contained within our separate policy for discharging the statutory homelessness duty into the private rented sector.

11 - In making this assessment we will consider not only the nature and severity of the disability, but also the nature and frequency of care required during the night, and the extent and regularity of the disturbance to the sleep of the child who would normally be required to share the bedroom. We will take into account any relevant medical evidence and whether your child is in receipt of disability benefits.

12 - A decision that you are entitled to be considered for a bigger home for the purposes of this allocation scheme does not mean that you would automatically be entitled to housing benefit to cover the increased rent for any additional bedrooms.

13 - A serious hazard will be deemed to be a category 1 hazard, for example, the hazard of falling between levels from an unsecure window with a low sill on the second floor where you would fall onto a concrete yard area. More minor hazards will be deemed category 2 hazards, for example, the hazard of excess cold from draughty windows in a property with a good heating system and good insulation.