Welcome to the Leicester City Council Housing Allocations Policy Manual. This
document contains details of the scheme, which Leicester City Council uses for
determining priorities for allocating Council homes and nominations to Housing
Associations.
INDEX
Part 1 INTRODUCTION
1.1 Introduction
1.3 The legal framework
1.6 Statement on choice
1.9 Equalities statement
1.10 Confidentiality statement
1.11 Choice based lettings
Part 2 REGISTRATION
2.1 Registration
2.3 Who can apply
2.8 Who you can include on your application
2.10 Eligibility
2.16 Unacceptable behaviour
2.19 Misrepresentation or withholding information
2.24 Family intervention project
2.27 Leicester city requirement
2.29 Rent arrears
2.32 Rehousing with rent arrears
2.37 Agreement to repay and minimum repayment patterns
2.42 Exceptional circumstances
2.45 Applications from people in prison
2.46 Applications from people who have staying access to children
2.52 Applications from people who have equal access arrangements to
children
2.54 Applications from people who have parental responsibility of children
following a relationship breakdown
2.56 Applications from 16 and 17 year olds
Part 3 THE BANDING SCHEME
3.1 The banding scheme
3.10 No offers of accommodation
3.12 Deliberate actions
3.13 Banding scheme summary
3.18 People in need of urgent re-housing and referred by Adult Social Care or
Children’s Services
3.19 People in need of urgent re-housing whose properties are directly
affected by public redevelopment programmes
3.20 Council and housing association tenants who are currently under-
occupying a large property (four bedroom or more) and who wish to
move to a property with fewer bedrooms (three bedrooms or less)
3.21 Council and housing association tenants occupying a purpose built
wheelchair adapted property who no longer require it
3.22 People suffering from any form of harassment
3.23 Council and housing association tenants who need to move for
management reasons
3.24 People whose current housing conditions are having a seriously adverse
affect on the physical or mental health of either the applicant or a
member of their household
3.25 Children leaving the care of Leicester City Council’s Children and Young
People’s Service (CYPS)
3.26 People who are statutory homeless and are owed the full housing duty
under Section 193 of the Housing Act 1996
3.27 People whose homes are deemed to be severely overcrowded (two
bedrooms or more short of their assessed need)
3.28 Families living in designated temporary accommodation in the city
3.29 Families who are overcrowded and living in one bedroom
accommodation
3.30 People identified as needing urgent re-housing to prevent homelessness
3.31 Single people living in designated temporary or supported
accommodation
3.32 People ready to leave residential care supported by Leicester City
Council and/or NHS
3.33 People with a care package where Adult Social Care (LCC) assess that
a move will assist independent living
3.34 People whose current housing conditions are having a negative affect on
the physical or mental health of the applicant or a member of their
household
3.35 People leaving the armed forces who previously lived in Leicester but do
not have a home to return to and do not qualify as statutory homeless
3.36 People identified by Adult Social Care as ready to leave the care of
family or carer
3.37 Single people who have no settled accommodation and are of ‘no fixed
abode’
3.38 Families needing to move to a particular area of Leicester where
hardship would be caused if they do not move
3.39 Families who are living in overcrowded conditions under Leicester City
Council’s overcrowding standard (one bedroom short of their assessed
need)
3.40 Council and housing association tenants who are currently under-
occupying a two or three bedroom property
3.41 People who share facilities with other households but have their own
bedroom
3.42 People who need to move to, or remain in, a particular area of Leicester
to give or receive emotional support from family, friends or others in the
community
3.43 People who do not have any of the housing circumstances listed in
bands 1, 2, 3 and 4
Part 4 ALLOCATION CRITERIA
4.1 Allocation criteria
4.2 Size of accommodation
4.3 Property types
4.4 Houses and maisonettes of any size
4.5 2 and 3 bedroom flats
4.6 Bedsits and 1 bedroom flats
4.7 Ground floor bedroom flats
4.8 Sheltered accommodation
4.9 I bedroom bungalows
4.10 2 and 3 bedroom bungalows
4.11 Adapted accommodation
4.12 Age designated accommodation
4.13 Large homes released through underoccupation
4.14 Pet restrictions
4.17 Families with two children
4.18 Downsizing bedrooms
4.22 Appeals
4.26 Annual review
4.28 Cancelled Applications
4.30 3 offer policy
4.33 Property condition
Part 5 LEICESTER HOMECHOICE
5.1 Leicester HomeChoice
5.2 Direct lets
PART 1 INTRODUCTION
1.1 This Allocation Policy explains the rules that determine how Leicester
City Council allocates social housing properties.
1.2 This Allocation Policy guides the principles of how these homes will be
allocated in a fair and transparent manner, taking account of both the
Council’s duty to take account of housing need and it’s wish to offer as
much choice as possible.
The Legal Framework
1.3 The Housing Act 1996 (Part 6-Section 167), as amended by the
Homelessness Act 2002 requires local authorities to have an allocations
policy for determining priorities and determining priorities and for defining
the procedure to be followed in allocating housing accommodation.
1.4 This Housing Allocations Policy has been framed to address these
requirements, and gives due regard to the requirements of the
‘Allocation of Accommodation Code of Guidance for Local Authorities’
November 2002, supplementary guidance ‘Allocation of Accommodation:
Choice Based Letting’ August 2008 and ‘Fair and Flexible: Statutory
guidance on social housing allocations for local authorities in England’
December 2009.
1.5 This Policy does not apply to assignments, mutual exchanges or
succession of tenancies. In each of these instances, neither the Council
nor any of the other Housing Association Landlords are required to
identify a new tenant for the relevant property or properties from
Leicester City Council’s Housing Register.
Statement on Choice
1.6 Leicester City Council and Housing Association Partners are fully
committed to enabling applicants to play an active role in choosing
where and in what type of property and tenure they want to live, whilst
continuing to house those people in the greatest need, making the best
use of the available housing stock and complying with all relevant
legislation.
1.7 It is important to realise that the demand for accommodation is higher for
some types of property and for some areas than others. In making a
decision about the choices available, applicants need to consider their
housing need priority against the availability of properties in any given
area.
1.8 Applicants can determine whether they are likely to be successful before
placing a bid as they will be informed of their relative position on the
shortlist for that vacancy at the time of making the bid. This enables an
applicant to make an informed choice when deciding which property to
apply for and whether social housing is a realistic option in their
circumstances.
Equalities Statement
1.9 We are strongly committed to fairness and equal treatment for all. We
aim to treat all people equally no matter what their race, ethnic origin,
nationality, religion, cultural and social background, refugee status, sex,
sexuality, marital status, age, disability (including learning disability)
health (including mental health) or HIV status. We aim to prevent
unlawful discrimination and take positive action to promote equal
opportunities for all.
Confidentiality Statement
1.10 All applications for housing accommodation will be dealt with in a
confidential manner. Information held under the scheme will not be
disclosed to any third party, except where:
The individual who is the subject of such confidential information
has consented to disclosure to a third party.
Leicester City Council is permitted to disclose the information
under data protection Legislation.
There is a requirement in law to make such disclosures.
Leicester City Council considers that the applicant has given
consent for any information held on an application to be shared
with other social housing landlords, such as Registered Social
Landlords, and other agencies.
Choice Based Lettings
1.11 Since April 2010 Leicester City Council and Housing Association
Partners have introduced a choice based lettings scheme called
Leicester HomeChoice. This means available properties are advertised
each week and you can apply for those you are eligible for and
interested in.
PART 2 REGISTRATION
2.1 Although there is no longer a legal requirement to maintain a Housing
Register Leicester City Council has chosen to continue maintaining its
Housing Register to assist in the assessment of housing need.
2.2 The Housing Register is open to all persons who are not statutorily
excluded as detailed in the Housing Act 1996 as amended by the
Homelessness Act 2002. In order to apply, a Leicester HomeChoice
Housing Register Form needs to be submitted which can be done online
at www.leicesterhomechoice.co.uk .
2.3 For the purposes of this policy the term ‘suspended’ will mean that no
offers of accommodation will be made to someone who is suspended.
Who Can Apply?
2.3 Any person aged 16 years and over may make an application to appear
on the housing register only by completing the approved application
form.
2.4 All applications must have the correct supporting proofs in order for the
application to be deemed as complete. Details of the required proofs can
be found on the application form.
2.5 Applicants who apply with partners are treated as making a joint
application and partners are subject to the same tests as applicants
2.6 Every person who submits a complete application will have their
application considered. This does not mean that everyone who applies
will be accepted onto the housing register.
2.7 Where a partner does not meet Leicester City Requirement, they will be
registered as a joint applicant unless they are ineligible for an allocation
of housing accommodation by virtue of their immigration status or
determined locally by Leicester City Council.
Who You Can Include on Your Application
2.8 You can only include:
Yourself and your partner
Children under 18 who are dependent on you or your partner *
Your adult sons and daughters who have lived with you
throughout their adult lives
Your carer who has been assessed by Adult Social Care as
providing overnight care
Those household members originally rehoused by the City
Council from the same application
* For the purposes of the Housing Allocations Policy, a dependent child
is defined as being under 18 years and being the natural or adopted
child of the applicant or his/her partner, under 18 and subject to a legal
residence order or under 18 and in the care of the Local Authority.
Members of a household can only appear on one application for
housing.
2.9 Where there are exceptional circumstances in the case of adult children
or other members of the household who have lived away and now wish
to be rehoused as a family unit, consideration will be given to individual
cases by the Housing Options Service.
Eligibility
2.10 Acceptance onto the Housing Register does not mean that the applicant
is eligible for an allocation of housing. Some applicants will be ineligible
for an allocation of accommodation, this is described below:
2.11 Leicester City Council is required by Statute to decide certain applicants
are ineligible for an allocation. Leicester City Council will apply the
relevant legislation that is in place at the time of application.
2.12 Eligibility for housing assistance can be affected if there is a change in
the immigration status of the applicant(s), and therefore, eligibility for an
allocation of housing will be kept under review. The applicant is
responsible for informing Leicester City Council any change in their
immigration status.
2.13 The Housing Options Service will determine the eligibility of an applicant,
based on immigration status, by applying the legislation and statutory
instruments that are in place at the time of the application and the point
of allocation.
2.14 Under the Housing Act 1996, Local Authorities must consider whether
applicants are eligible for housing assistance.
A person or persons will be ineligible if:
they are a person from abroad who is ineligible for an allocation of
housing accommodation by virtue of being subject to immigration
control within the meaning of the Asylum and Immigration Act
1996 unless of a class of person prescribed by regulations made
by the Secretary of State.
they are a person who the authority has decided is to be treated
as ineligible having been satisfied that they, or a member of their
household, has been guilty of unacceptable behaviour serious
enough to make them unsuitable to be a tenant of the authority
and in the circumstances at the time the application is being
considered, they are unsuitable to be a tenant of the authority by
reason of that behaviour.
2.15 Applicants whose households include a restricted person(s) will not be
afforded preference if they are only homeless or in priority need as a
consequence of the presence of a restricted person(s).
Unacceptable Behaviour:
2.16 The Council may consider the following people to be ineligible; any
member of a household who in the previous 3 years has been
convicted of or has had legal action (legal action refers to a conviction,
or the serving of an injunction, a notice of intention to seek possession, a
court order or the revocation of a licence) taken against them in
connection with:
violence, harassment, racial harassment, threatening behaviour
or any other forms of anti-social behaviour (ASB)
2.17 The decision that an applicant is ineligible for an allocation may occur at
the time of joining the Housing Register, at any time during the life of the
application, at the time the applicant is allocated a property, or when the
applicant has bid and has been short-listed for a property. The Housing
Options Service will make the decision.
2.18 New applications from people above will usually be unopposed after 5
years have elapsed from the date when the ineligible decision was
made. Applications received within 5 years will only be considered if
there has been a factual change in the applicant’s circumstances and
the applicant can prove a change in their behaviour. In instances where
there has been no factual change, Leicester City Council will rely on its
previous decision.
Misrepresentation or Withholding Information
2.19 It is a criminal offence for anyone to try and obtain accommodation from
Leicester City Council by knowingly and recklessly giving a false
statement or knowingly withholding information.
2.20 Failure by an applicant to inform Leicester City Council of changes to
his/her application, or deliberately withholding information relevant to, or
misrepresenting his/her housing circumstances, may result in criminal
prosecution.
2.21 An applicant who has deliberately withheld or misrepresented any
information which would be relevant to the assessment of his or her
housing circumstances and priority on the Housing Register, will be
considered by Leicester City Council to have been guilty of such
behaviour and may therefore be considered as ineligible for allocation or
receiving a suspension for 12 months on the Housing Register.
2.22 Leicester City Council may seek possession of a tenancy that was
granted as a result of a false statement and may also attempt to recover
any costs incurred.
2.23 Applicants have the right to request a review of a decision to give less
preference for any of the reasons above.
Family Intervention Project
2.24 Families who have been previously been made ineligible due to ASB
and placed in the Family Intervention Project Scheme by Leicester City
Council Housing Services can be made eligible, once approval has been
given by the Head of Service - Housing Division to the Housing Options
Service
2.25 A fresh application must be submitted supported by written evidence of
modified behaviour from the agency involved that will continue to provide
support to the applicant in the new tenancy.
2.26 If the Council decides a person is ineligible to appear on the Housing
Register, it will notify them in writing of the decision and the grounds
for this decision, and of his/her right to a review of that decision.
Leicester City Requirement
2.27 Applicants to the Housing Register must meet the Leicester City
Requirement (local connection) by satisfying at least one of the following
criteria:
Applicants living within the city of Leicester must be able to
produce documentary evidence that they have used a residential
address within the City as their permanent home for the 12
consecutive months immediately prior to their housing application
*.
Applicants that have previously lived in permanent
accommodation in Leicester City for 2 consecutive years or more
out of the last 5 years *.
Applicants employed within the city of Leicester who have a
contract or a firm offer of employment within the city for a
minimum of 12 months.
People who are aged over 18 and approved as a homeless
person under Part VII of the Housing Act 1996.
Asylum seekers who have been dispersed to the City by the
National Asylum Support service (NASS) and whose status
changes to that of refugee, or who are awarded exceptional or
indefinite leave to remain whilst living in the city.
Persons returning from service in the armed forces or prisoners
released from prison who meet one of the above criteria prior to
them entering service or prison.
Applicants currently living in unsettled accommodation (e.g. a
hostel) within Leicester City who can demonstrate they had
previously lived in permanent/settled accommodation in Leicester
City for 2 consecutive years or more out of the last 5 years from
the last date of their last settled accommodation.
* Hostels, Nightshelters, ‘Care of Addresses’ & No Fixed Abode do not
meet the requirement, as they are not classified as permanent
accommodation.
2.28 Applications from people who do not fulfil one of the criteria above will
be suspended and placed in Band 5 until: -
One of the above criteria is met; or
Where there are exceptional circumstances, which have been
considered by Leicester City Council and a decision made to waive this
requirement.
Rent Arrears
2.29 Rent arrears are defined as any housing related debt owed to Leicester
City Council, other social landlords or private landlords. This includes the
non-payment of rent, court costs, water rates, rechargeable repair debts
or other charges such as a ‘for use and occupation’ charge (mesne
profit). This debt applies to current and former tenancies*.
* Arrears from former tenancies with private landlords will only be
considered for the 2 years prior to the date the housing application is
received.
2.30 This also includes any money paid by Leicester City Council to a
landlord in respect of payments given under the Leicester Let and the
Rent Deposit Guarantee Scheme to cover non payment of rent or
damages caused by the departing tenant.
2.31 Council tax debt, Housing Benefit overpayments and any other debt that
is not property related will not considered under this policy. This also
includes any property related debts owing that are covered by a
bankruptcy order.
Rehousing with Rent Arrears
2.32 Any applicant on the housing register who has a housing related debt, as
defined above, will normally only be considered for re-housing under
certain circumstances.
2.33 The criteria for being considered for re-housing with arrears will differ
depending on an applicant’s level of housing need.
2.34 Band 1 Applicants
Applicants in Band 1, who owe a housing related debt below £300, will
be considered for re-housing after entering into an agreement to repay
their debt and after establishing the minimum repayment pattern of 12
consecutive weeks.
Applicants in Band 1, who owe a housing related debt above £300, will
be considered for re-housing after they have reduced this debt to below
£300. They will also be required to enter into an agreement to repay the
remaining debt and establish a minimum repayment pattern of 12
consecutive weeks.
The minimum repayment pattern will commence once the applicant is
identified as having Band 1 housing need.
2.35 Applicants suffering from harassment who owe a housing related debt
will not be subject to the re-housing with rent arrears policy. They will
however be expected to have entered into an agreement to repay their
debt, but their application for re-housing will not be suspended and offers
of permanent accommodation can be made.
2.36 Band 2, 3, 4 and 5 Applicants
Applicants in Bands 2, 3, 4 and 5 will be required to pay any outstanding
housing related debt in full before they will be considered for re-housing.
Their application will be suspended within the Band until a clear account
has been confirmed.
The exception to this will be Statutory Homeless applicants are subject
to 2.35 above and can be made offers of permanent accommodation.
However where temporary accommodation has been provided under a
statutory homeless duty and the applicant has failed to keep up to date
with their temporary accommodation charges, then these arrears may
lead to action being taken to cease homeless duty. In this case the
applicant will then fall under the general rent arrears policy appropriate
to their band.
Agreements to Repay and Minimum Repayment Patterns
2.37 All agreements to repay a debt will be made in line with Leicester City
Council’s Fair Debt Policy.
2.38 Applicants will have to establish a minimum 12 consecutive week
repayment pattern. There may be an additional requirement to meet any
court orders for rent arrears on a current tenancy.
2.39 Repayments will be agreed based on a weekly amount, but the actual
repayments can be made on a weekly or fortnightly basis. If an applicant
cannot pay weekly or fortnightly we will accept a monthly repayment
agreement. 3 regular monthly repayments will be required before an
applicant is considered for re-housing.
2.40 If a court order exists for rent arrears on a current tenancy, applicants
will be required to bring the court order up to date and then make regular
repayments for a further 12 consecutive weeks.
2.41 If there is no court order, applicants will be required to make regular
repayments for at least 12 consecutive weeks.
Exceptional Circumstances
2.42 In exceptional circumstances the normal requirements of this re-housing
with rent arrears policy may be relaxed.
2.43 Such exceptional circumstances will include situations where re-housing
is of paramount importance or where the needs of Leicester City
Council’s Housing Services are such that it is appropriate to relax the
requirements.
2.44 Exceptional cases to re-house with rent arrears must be approved by the
Head of Service, Housing Services.
Applications from People in Prison
2.45 As applicants detained in prison are unable to take up occupation
immediately only those applications received from people who are within
28 days of release will be registered.
Applications from People who have Overnight Staying Access to
Children
2.46 Where a parent does not provide the principal home, but have access
arrangements that include overnight stays they will be eligible for a 2
bedroom flat only. In exceptional cases involving a large number of
children consideration may be given for a 3 bedroom flat.
2.47 Where an applicant has overnight access arrangements, evidence of the
arrangement will be required in the form of a Solicitor’s letter, Court
documents or a Social Worker’s letter detailing the arrangement.
2.48 Where there is an amicable agreement between parents, a letter from
each party concerned will be sufficient if no other form of confirmation is
available. Proof of Child Benefit would need to be provided with the
confirmation of the overnight access arrangements and a copy of the
Full Birth Certificate of the child.
2.49 For the purposes of assessing housing need, applicants with this type of
access will be considered for overcrowding priority as though the
children were living there on a full time basis.
2.50 Access to children will only be considered where the person is a parent
whether natural or by adoption or has legal residence of a child(ren).
This policy does not apply to informal arrangements.
2.51 For the purposes of the Housing Allocations Policy, a child is defined as
being under 18 years and being the natural or adopted child of the
applicant or his/her partner, under 18 and subject to a legal residence
order or under 18 and in the care of the Local Authority.
Applications from People who have Equal Access Arrangements to
Children
2.52 When an applicant claims an equal amount of access, which would
result in two potential claims of family accommodation (Note that two
applications do not necessarily have to be made, e.g. where the
matrimonial home was owner occupied), consideration will only be given
to allocate family accommodation to one of the parents.
2.53 For the purposes of the Housing Allocations Policy, a child is
defined in accordance with paragraph 2.51 above.
Applications from People who have Parental Responsibility of
Children following a Relationship Breakdown
2.54 Where there is a relationship breakdown and both partners state they
have mutually agreed they will each have full-time parental responsibility
for some of the children, they will only be considered for family housing
where they can evidence they have full-time parental responsibility of the
children and Housing Options Service is reasonably satisfied that the
relationship has ended.
2.55 For the purposes of the Housing Allocations Policy, a child is defined in
accordance with paragraph 2.51 above.
Applications from 16 and 17 Year Olds
2.56 Applications from 16 or 17 year olds will only be considered in the
following circumstances:
Is a Leicester City Council Care Leaver and a request is made via
CYPS Care Leaver’s Protocol
Is owed the full statutory homeless duty
Where there is a joint application, one partner is over 18 years of
age
2.57 Only those 16 or 17 year olds approved by the Housing Options Service
will have their application registered on the Housing Register and must
also have an agreed named trustee over the age of 18 in place for any
tenancies held up to the age of 18.
PART 3 THE BANDING SCHEME
3.1 In order to ensure that the Council fulfils its statutory duties and strategic
commitments (as they relate to housing), this policy is structured so as to
ensure that households in certain specific types of housing need have a
degree of priority over others. This is achieved by operating a banding
system based on the level of urgency of their respective housing need.
3.2 All households are placed into one of five bands. Those households
placed into Band One have the most urgent housing need. Those in
Band Two have a higher need than those in Band Three, and so forth.
3.3 Within a Band, priority is determined by the date the application was
placed in that Band, with the person who has been waiting the longest
within that Band having the highest priority.
3.4 If circumstances change which results in an applicant moving to a higher
priority band, the Band date applies from the date the application is
given the higher priority, not the original date of the application.
3.5 If circumstances change which results in an applicant moving to a lower
priority Band, the date for the lower Band will be treated as either: the
date the application first went into that Band, or the date the application
first went to a higher Band whichever is earlier.
3.6 A household will be placed in the highest band that any member of that
household qualifies for. There is no additional recognition of multiple
needs within a household.
3.7 The banding scheme is outlined in summary form below. Priority is
awarded in recognition of an applicant’s current housing circumstances
and is intended to provide a reasonable preference within the housing
scheme and a ranked position relative to other applicants.
3.8 Applicants who qualify to appear on the register are awarded priority
within the band unless their behaviour or circumstances warrant their
application is suspended. The scheme intends that a suspension still
confers a reasonable preference to an applicant but at a lower priority
relative to other applicants within the band.
3.9 Challenges to the assignment of a band should be made using the
council complaint system.
No Offers of Accommodation
3.10 Applicants will not receive offers of accommodation if their application
has been suspended for the following reasons:
Do not meet the Leicester City Requirement
Have property-related debts (with some exceptions)
Refused three offers of accommodation (no offer will be made
for a period of one year from the date of the last offer)
Failed a property inspection (LCC tenants only)
Have provided false or misleading information (no offer will be
made for a period of one year from the date of notification that
information has been deemed to be false or misleading)
In prison or a detention centre
Serving in HM forces and living in HM forces housing and have
not been given notice to leave your service accommodation
Violent or aggressive behaviour towards Leicester City Council
staff, its contractors or agents, or towards Housing Association
staff (no offer will be made for a period of one year from the date
of the incident)
3.11 There is a right of appeal for each of the above set of circumstances.
Deliberate Actions
3.12 Where the Head of Housing Options is satisfied that a housing applicant
has either acted unreasonably or has deliberately worsened their
housing circumstances in order to qualify for a higher banding position,
they will be placed in the band corresponding to their original
circumstance. There is a right of appeal to the Director of Housing
Strategy and Options.
Banding Scheme Summary
3.13 Band One
People in need of urgent re-housing and referred by Adult Social
Care or Children’s Services
People in need of urgent re-housing whose properties are directly
affected by public redevelopment programmes
Council and housing association tenants who are currently under-
occupying a large property (four bedroom or more) and who wish
to move to a property with fewer bedrooms (three bedrooms or
less)
Council and housing association tenants occupying a purpose
built wheelchair adapted property who no longer require it
People suffering from any form of harassment
Council and housing association tenants who need to move for
management reasons
People whose current housing conditions are having a seriously
adverse affect on the physical or mental health of either the
applicant or a member of their household
Children leaving the care of Leicester City Council’s Children and
Young People’s Service (CYPS)
3.14 Band Two
People who are statutory homeless and are owed the full housing
duty under Section 193 of the Housing Act 1996
People whose homes are deemed to be severely overcrowded
(two bedrooms or more short of their assessed need)
Families living in designated temporary accommodation in the city
Families who are overcrowded and living in one bedroom
accommodation
People identified as needing urgent re-housing to prevent
homelessness
Single people living in designated temporary or supported
accommodation
People ready to leave residential care supported by Leicester City
Council and/or NHS
People with a care package where Adult Social Care (LCC)
assess that a move will assist independent living
People whose current housing conditions are having a negative
affect on the physical or mental health of the applicant or a
member of their household
People leaving the armed forces who previously lived in Leicester
but do not have a home to return to and do not qualify as
statutory homeless
3.15 Band Three
People identified by Adult Social Care as ready to leave the care
of family or carer
Single people who have no settled accommodation and are of ‘no
fixed abode’
Families needing to move to a particular area of Leicester where
hardship would be caused if they do not move
Families who are living in overcrowded conditions under Leicester
City Council’s overcrowding standard (one bedroom short of their
assessed need)
Council and housing association tenants who are currently under-
occupying a two or three bedroom property
3.16 Band Four
People who share facilities with other households but have their
own bedroom
People who need to move to, or remain in, a particular area of
Leicester to give or receive emotional support from family, friends
or others in the community
3.17 Band Five
People who do not have any of the housing circumstances listed
in bands 1, 2, 3 and 4
BAND ONE
3.18 PEOPLE IN NEED OF URGENT RE-HOUSING AND REFERRED BY
ADULT SOCIAL CARE OR CHILDREN’S SERVICES
Outcome
This is to enable priority rehousing where the City Council has legal
duties to certain vulnerable people under the Children Act 1996 and
Community Care Act 1990.
Criteria and Evidence Required
A household will be placed in Band One under this criteria at the
discretion of the Director of Housing Strategy and Options where
Leicester City Council’s Adult Social Adult Care and Children and Young
People’s Services have confirmed a) and b) below.
Referrals will only be considered from Leicester City Council’s Director of
Adult Social Adult Care and Children and Young People’s Services.
a) it is essential in order to secure a suitable offer of accommodation
as soon as possible.
b) the referring body has agreed to provide any necessary services
to enable the applicant to maintain the tenancy that will be
created.
Other Information
The Director of Housing Strategy and Options will also have the
discretion to extend property type and size over normal eligibility.
Priority is not awarded in order to enable an applicant with sufficient
priority (under other banding categories) which will generate a suitable
offer in a reasonable timescale, to enhance their level of priority in order
to obtain an offer in a specific area.
3.19 PEOPLE IN NEED OF URGENT RE-HOUSING WHOSE PROPERTIES
ARE DIRECTLY AFFECTED BY PUBLIC REDEVELOPMENT
PROGRAMMES
Outcome
This is to enable priority rehousing for households whose properties will
be directly affected by public redevelopment programmes resulting in the
loss of their property through demolition, major refurbishment or
compulsory purchase.
Criteria and Evidence Required
Only schemes approved and listed in the recorded minutes of the
Cabinet decision will be considered. Households in the private rented
sector will need to demonstrate they have lived in the property for a
minimum period of 12 months immediately prior to the order being
served.
Other Information
Qualifying tenants can be considered for a property which is identical in
type and size to their current home in addition to the normal eligibility
rules concerning property type and size, except in exceptional
circumstances.
3.20 COUNCIL AND HOUSING ASSOCIATION TENANTS WHO ARE
CURRENTLY UNDER-OCCUPYING A LARGE PROPERTY AND WHO
WISH TO MOVE TO A PROPERTY WITH FEWER BEDROOMS
Outcome
This is to enable priority rehousing for social tenants who are
underoccupying properties with 4 or more bedrooms to move to
accommodation with 3 or less bedrooms.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which social tenants are underoccupying 4 bedroom or more houses.
Other Information
Qualifying tenants will be able to choose 1, 2 or 3 bedrooms providing it
does not create any overcrowding.
Housing Association tenants will be considered if their current home is
within the city and their Housing Association has agreed to advertise the
vacated home through Leicester HomeChoice.
3.21 COUNCIL AND HOUSING ASSOCIATION TENANTS OCCUPYING A
PURPOSE BUILT WHEELCHAIR ADAPTED PROPERTY WHO NO
LONGER REQUIRE IT
Outcome
Priority will be given to social tenants who are living in purpose built
wheelchair adapted accommodation and who no longer require the use
of such accommodation.
Criteria and Evidence Required
The Property Lettings Team or an occupational therapist in Leicester
City Council’s Adult Social Care will submit a report to the Housing
Options Service confirming the property is a purpose built fully
wheelchair adapted accommodation and the tenants no longer require
the use of such facilities.
Other Information
Housing Association tenants will be considered if their current purpose
built wheelchair adapted accommodation is within the city and their
Housing Association has agreed to advertise the vacant home through
Leicester HomeChoice.
3.22 PEOPLE SUFFERING FROM ANY FORM OF HARASSMENT
Outcome
This is to enable priority rehousing for people suffering from any form of
harassment to move to more suitable accommodation after establishing
it is unreasonable to stay in their current accommodation.
The Councils aim is to tackle the perpetrator of harassment and support
the victim to remain in their home wherever possible. However in certain
cases re-housing will be considered as an option.
Criteria and Evidence Required
Housing Services Division will investigate all reported claims of
harassment by Leicester City Council tenants. For Housing Association
tenants the investigation must be carried out by the relevant landlord and
referred to the Housing Options Service for approval if harassment
priority is requested. For all other tenures Housing Options Service will
investigate reports of harassment.
Priority will only be conferred where severe harassment has been
established and it is unreasonable to stay in the current accommodation.
Other Information
There is a distinction between anti social behaviour / nuisance and
harassment. Harassment is defined as:
“Personalised, deliberate, unwanted acts of violence (verbal or physical)
or other behaviour that is designed to cause harm or damage to people
or property which is suffered by individuals or groups of people because
of their race, ethnic or national origin, gender, sexuality, HIV status,
religious beliefs, disability, age or family circumstances”.
(Housing Committee, 3rd February 1999)
Applicants approved under this criteria will only be entitled to one
suitable offer of accommodation in line with their eligible property types
with their Harassment priority.
All approved harassment cases will be put on auto-bid citywide, if there
has been no suitable offer made within the first 4 advertising cycles of
Leicester HomeChoice when priority was given.
If an applicant refuses an offer of accommodation which is deemed
suitable by Housing Services (LCC) or Housing Options Service (all
other tenants) the harassment priority will be removed.
3.23 SOCIAL TENANTS WHO NEED TO MOVE FOR MANAGEMENT
REASONS
Outcome
This is to assist the Council and Housing Associations* to meet the
needs of their tenants in specific circumstances and to make best use of
their housing stock.
Criteria and Evidence Required
Management priority may be awarded in the specific circumstances
described below:
1. Where a non-dependent is living with an OAP that needs to move
to more suitable accommodation but is prevented from doing so
because of the presence of the non-dependent. Here, the non-
dependent may be given Management priority in order to get
independent accommodation. In order to qualify for this priority,
the non-dependent must have lived with the OAP at the address
in question for at least 12 months.
2. Where a single person or couple is left in family accommodation
following the death of the tenant and there is no right to
succession to the tenancy. Management priority will be awarded
in order that the applicant may be offered appropriate
accommodation. In order to qualify for this priority, the single
person / couple would have succeeded to the tenancy anyway
had there not already been a succession on that tenancy (i.e. 12
months residence etc).
3. Where a single person or couple is left in family accommodation
following the death of the tenant and a right of succession exists.
Management priority may be awarded where the applicant agrees
to move to a more suitable accommodation rather than sign for
the existing tenancy.
4. Employees of Leicester City Council who occupy accommodation
which is linked to their employment and who are retiring through
age or ill health or willing to give up that accommodation.
5. Where a Leicester City Council or Housing Association tenant has
previously been awarded harassment priority and then has to
leave the property for reasons connected with the approval. To
avoid accruing large rent arrears when Housing Benefit stops, the
tenancy can be terminated and the applicant reapply as a general
applicant and awarded management priority.
6. Where a referral is made by staff from the Family Intervention
Project confirming the family are ready for rehousing as their
behaviour has changed to enable them to be considered as
suitable tenants.
7. Where there would be undue hardship arising from the costs of
district heating to allow a move to a property with independent
heating supply.
Other Information
The above list may be extended at the discretion of the Director of
Housing Strategy and Options.
* Tenants of Housing Associations will only be considered where the
Association has an agreement with Leicester City Council to provide up
to 90% of their vacancies through Leicester HomeChoice.
3.24 PEOPLE WHOSE CURRENT HOUSING CONDITIONS ARE HAVING
A SERIOUSLY ADVERSE AFFECT ON THE PHYSICAL OR MENTAL
HEALTH
Outcome
This is to enable priority rehousing for households who are living in
accommodation which is having a seriously adverse affect on their
physical or mental health and moving to more suitable accommodation
would solve or alleviate the medical condition.
Criteria and Evidence Required
Assessment of circumstances and the verification source required will be
done using the criteria listed below:
Access & Mobility
Verification
Source
Applicant or member of
household has an acute
deterioration of mobility or
progressive mobility problems.
Leicester City Council’s
Adult Social Care
Service
Mental Health
Verification
Source
Applicant or member of
household has a serious
mental health condition.
Consultant Psychiatrist
Applicant or member of
household has an underlying
mental health condition.
Options / Housing
Officers report via
management to
Divisional Director
General Health
Verification
Source
Applicant or member of
household has severely
lifestyle restricting or terminal
illness, e.g. AIDS, Cancer, MS.
Specialist (or GP
confirms specialist
report)
Other Information
Priority will only be considered if rehousing is needed to solve or
alleviate the medical condition.
Priority will not be awarded for a medical condition, however severe, if
the present housing does not affect the medical condition.
3.25 CHILDREN LEAVING THE CARE OF LEICESTER CITY COUNCIL’S
CHILDREN AND YOUNG PEOPLE’S SERVICE
Outcome
This is to enable priority rehousing for young people leaving the care of
Leicester City Council’s Children and Young People’s Services.
Criteria and Evidence Required
A person will be placed in Band One under this criteria where Leicester
City Council’s Children and Young People’s Services has confirmed the
young person is leaving their care and is ready for independent living.
A young person who is not yet 18 will require a guarantor/trustee to be
identified before they can apply for properties on Leicester HomeChoice.
BAND TWO
3.26 PEOPLE WHO ARE STATUTORY HOMELESS
Outcome
This band is to enable priority rehousing to applicants who are accepted
by the HOS as being owed a full housing duty under Part VII of the
Housing Act.
Criteria and Evidence Required
All approved homeless cases will have been assessed by officers at
Housing Options Service and will have met the following criteria;
i. the applicant is an eligible person and
ii. the applicant is homeless or threatened with homelessness
within 28 days and
iii. the applicant is in priority need and
iv. the applicant did not become homeless intentionally and
v. the applicant has a local connection with the City of Leicester
Other Information
Applicants approved as statutory homeless will be put on auto-bid
citywide on Leicester HomeChoice from the date of approval.
Statutory homeless applicants will only be entitled to one suitable offer of
accommodation with their Homelessness priority.
3.27 PEOPLE WHOSE HOMES ARE DEEMED TO BE SEVERELY
OVERCROWDED
Outcome
This is to give priority to those households living in accommodation
where they are severely overcrowded i.e. households who need a
minimum two additional bedrooms to meet their needs.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which households require a minimum of two additional bedrooms using
the bedroom standard outlined in paragraph 4.2 against the number of
bedrooms the household currently have exclusive use of.
Other Information
In determining the number of bedrooms required where a household is
expecting another baby, this will only be taken into consideration when
the mother is 20 weeks pregnant. A Mat B1 maternity certificate will be
required or a letter from the doctor or midwife confirming pregnancy and
the date the baby is due.
3.28 FAMILIES LIVING IN DESIGNATED TEMPORARY
ACCOMMODATION IN THE CITY
Outcome
This is to give priority to families living in designated temporary
accommodation for 2 months and who met the Leicester City
Requirement immediately prior to entry to the designated
accommodation.
Designated temporary accommodation is a homeless hostel or short
term temporary supported accommodation which the family was referred
to by the Housing Options Service
Criteria and Evidence Required
Confirmation of two months residence in the designated temporary
accommodation or a declaration of homelessness has been made.
Other Information
Supported schemes that provide accommodation under a tenancy
agreement i.e. assured shorthold tenancies will not be considered under
this priority.
3.29 FAMILIES WHO ARE OVERCROWDED AND LIVING IN ONE
BEDROOM ACCOMMODATION
Outcome
This is to give priority to families currently living in one bedroom
accommodation who need an additional bedroom.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which households require an additional bedroom using the bedroom
standard outlined in paragraph 4.2 and currently living in one bedroom
accommodation.
Other Information
In determining the number of bedrooms required where a household is
expecting another baby this will only be taken into consideration when
the mother is 20 weeks pregnant. A Mat B1 maternity certificate will be
required or a letter from the doctor or midwife confirming pregnancy and
the date the baby is due.
Persons who have part week overnight access to children and families
not living in their own home will not be considered under this priority.
3.30 PEOPLE IDENTIFIED AS NEEDING URGENT RE-HOUSING TO
PREVENT HOMELESSNESS
Outcome
This is to give priority to people who occupy accommodation on insecure
terms and need urgent re-housing to prevent homelessness.
Criteria and Evidence Required
All cases will be assessed and determined by officers at Housing
Options Service.
Priority will only be awarded to people who fall in one of the following
categories of people and meet the criteria stipulated below.
Families with dependent children
Pregnant Women
People whose circumstances may give rise to additional
consideration following a comprehensive housing needs
assessment by a Housing Options Officer (HOO)
People with the circumstances listed below (1-8) must provide evidence
of those circumstances to the Housing Options Service.
1. Where, an applicant has received a valid notice to quit which has
been confirmed as valid by a Housing Options Officer requiring
them to give possession, and, in the case of an assured short
hold tenancy, under the accelerated possession proceedings
(S21 of the Housing Act 1988), and there is no defence to the
application which has been confirmed by a Housing Options
Officer and the officer has negotiated with the landlord to
reconcile the tenancy on behalf of the applicant. If the notice has
been served upon the tenant for acts that could be seen as
deliberate i.e. asb, rent arrears, then priority will not be awarded.
2. Where, following a comprehensive assessment by a Housing
Options Officer (e.g. affordability assessment), it has been
determined that repossession of an applicants tenancy or owner-
occupied property is inevitable. Where it is decided that the
applicant has worsened their own circumstances by failure to pay
rent/mortgage when they could have afforded to do so, priority will
not be awarded
3. Where an applicant is in tied accommodation which they are
REQUIRED to leave, as confirmed by a Housing Options Officer
(the awarding of priority in this circumstance would be dependent
on the reasons for leaving i.e. if applicant is choosing to leave tied
accommodation, priority will not be awarded). If the applicant is
required to leave the tied property due to deliberate acts i.e. rent
arrears, ASB or they have lost their employment because of
serious breaches of tenancy or licence to occupy conditions then
priority will not be awarded.
4. People living in mobile homes, boats, caravans or other movable
structures who have no place where they are legally entitled to
live in them.
5. People who reside in a household as an excluded tenant or
excluded (contract to occupy) or bare (permission to occupy)
licensee/lodger and are subject to a notice to quit (where notice to
quit is understood as meaning the appropriate notice) by the legal
occupier or owner of that accommodation, as confirmed by a
Housing Options Officer.
Priority will only be awarded following a full assessment of
housing need including a home visit by the Housing Options
Officer. In this circumstance the case will be reviewed after 3
months from the date of the award of the priority. If the last settled
accommodation prior to the temporary accommodation was lost
due to acts that could be seen as deliberate i.e. asb, rent arrears
or the applicant deliberately worsened their housing
circumstances to gain higher priority then priority will not be
awarded.
6. Private tenants who have been served with a legally valid notice
that their landlord is seeking a possession order on the
mandatory grounds set out below and where a Housing Options
Officer has carried out an assessment and has confirmed a) the
notice is valid and b) that in their opinion possession will be
inevitable.
The mandatory grounds for possession, applicable to awarding of
priority are:
Ground 1
The owner wishes to occupy the property as his or her home and
they previously lived in the property as their principle home, or
now requires it for their principle home
Ground 2
The property is subject to a mortgage and is being re-possessed
by the lender
Ground 3
Out of season holiday lets, where the tenancy was granted on a
fixed term of less than 8 months
Ground 4
Vacation lets of student accommodation
Ground 5
The property is held for use by a minister of religion to perform
their duties and the court is satisfied it is now required for that
purpose
Ground 6
The landlord intends to redevelop the property
Ground 7
Where the tenant has died, and the periodic tenancy has been
passed through a will or intestacy to someone other than a person
entitled to succeed to the tenancy
Ground 8
For rent arrears, where both at the date of service of the notice of
seeking possession and at the date of the hearing the tenant
owes over two months or 8 weeks rent or more. Where ground 8
is applicable (rent arrears) an investigation will take place into the
reasons why the rent arrears accrued. Where it is decided that the
applicant has worsened their own circumstances by failure to pay
rent when they could have afforded to do so, priority will not be
awarded.
7. Where an applicant is residing in a Leicester City Council owned
property and is subject to NTQ and is not able to sign for the
property. Priority may be awarded by Landlord Services and kept
by the applicant for 3 months even after they have left the
property if they have no permanent home.
The applicant must be able to evidence they have been residing
in the LCC owned property for at least 12 months before the
Notice to Quit was given.
8. People leaving prison who are temporarily staying with friends or
family upon their release from prison and do not want to access
hostel accommodation and met the Leicester City Requirement
prior to them entering prison.
Other Information
People who consider they may fall into any of the above categories
should book an interview with the Housing Options Service. Following
the interview evidence must be provided to the Service and a Housing
Options Officer will assess eligibility.
If the insecure accommodation comes to an end, priority will be removed
and the applicants housing need will be reassessed from their new
accommodation.
Applicants who have been made an offer of accommodation but then
have to leave their insecure accommodation can retain their offer if they
have moved to other insecure accommodation. If they decline the offer
their priority will be re-assessed from their new accommodation.
3.31 SINGLE PEOPLE LIVING IN DESIGNATED TEMPORARY OR
SUPPORTED ACCOMMODATION
Outcome
This is to give priority to single people who have lived in designated
temporary accommodation for at least 1 month and have been assessed
as being ready for independent living/accommodation and who met the
Leicester City Requirement immediately prior to entry to the designated
accommodation.
Designated temporary accommodation is a homeless hostel or short
term temporary supported accommodation which the person was
referred to by the Housing Options Service
Criteria and Evidence Required
Confirmation of one month residence in the designated temporary
accommodation or a declaration of homelessness has been made.
Other Information
Supported schemes that provide accommodation under a tenancy
agreement i.e. assured shorthold tenancies will not be considered under
this priority.
3.32 PEOPLE READY TO LEAVE RESIDENTIAL CARE SUPPORTED BY
LEICESTER CITY COUNCIL AND/OR NHS
Outcome
This is to give priority to people ready to leave residential care and is
supported by Leicester City Council’s Adult Social Care and/or the NHS.
Criteria and Evidence Required
Confirmation from Leicester City Council’s Adult Social Care or the NHS
that the person is ready to leave residential care and move into
independent living.
3.33 PEOPLE WITH A CARE PACKAGE WHERE ADULT SOCIAL CARE
(LCC) ASSESS THAT A MOVE WILL ASSIST INDEPENDENT LIVING
Outcome
This is to support the Adult Social Care independent living policy.
Criteria and Evidence Required
Confirmation from Leicester City Council’s Adult Social Care that the
person needs a move to maintain independent living and they have a
care package in place.
3.34 PEOPLE WHOSE CURRENT HOUSING CONDITIONS ARE HAVING
A NEGATIVE AFFECT ON THE PHYSICAL OR MENTAL HEALTH OF
THE APPLICANT OR A MEMBER OF THEIR HOUSEHOLD
Outcome
This is to give priority to people living in accommodation that has a
negative affect on their physical or mental health.
Criteria and Evidence Required
Assessment of circumstances and the verification source required will be
done using the criteria listed below:
Access & Mobility
Housing
Circumstances
Verification Source
Applicant or member of
household has a housing
need linked to a disability or
medical condition, which
renders the present housing
hazardous or extremely
difficult to cope with.
Where an OT has said your
current home is partially
suitable but you require a
major adaptation e.g. level
access shower or through
floor lift.
Leicester City Council’s
Adult Social Care Service
Mental Health
Housing
Circumstances
Verification Source
Applicant or member of
household has a mental
health condition.
Where a Consultant
Psychiatrist or a CPN has
stated your current home is
having a significant
detrimental impact on your
mental health.
Consultant Psychiatrist /
CPN
General Health
Housing
Circumstances
Verification Source
Applicant or member of
household has a chronic
illness such as severe
asthma, emphysema or
severe eczema.
Where your Specialist has
indicated that the condition of
your home and immediate
environment is affecting your
health subject to confirmation
by an Environmental Health
Officer (EHO) on the
condition of your home or
environment.
1. Specialist
2. Leicester City Council’s
EHO or Air Quality
Monitoring Unit
Additional Bedrooms
Housing
Circumstances
Verification Source
Applicants or member of
household who have a severe
disease or disability, and
require extra space for major
items of life sustaining
equipment or equipment to
promote independence in the
home e.g. severe kidney
disease (with self dialysis at
home or use of kidney
machines), severe respiratory
disease (with use of oxygen
machine at home), etc.
Where your Specialist has
indicated that there is
insufficient space for
essential equipment.
Specialist
Extra bedroom for full-time
carer: a need for care that is
so great that residential or
hospital care would be
necessary without a full-time
carer.
Where a community care
assessment identified there is
insufficient space for a
residential carer but
otherwise home is
appropriate.
Leicester City Council’s
Community Care
Assessment (Adult or
Children Services)
Applicants or member of
household who have severe
behavioural problems.
Where your Specialist has
confirmed you require a
separate bedroom to remedy
severe behaviour problems.
Specialist
Other Information
Priority will only be considered if rehousing is needed to solve or
alleviate the medical condition.
Priority will not be awarded for a medical condition, however severe, if
the present housing does not affect the medical condition.
3.35 PEOPLE LEAVING THE ARMED FORCES WHO PREVIOUSLY LIVED
IN LEICESTER BUT DO NOT HAVE A HOME TO RETURN TO AND
DO NOT QUALIFY AS STATUTORY HOMELESS
Outcome
This is to give priority to people leaving the armed forces who do not
have a home to return to and do not qualify as statutory homeless and
previously lived in Leicester prior to them entering service.
Criteria and Evidence Required
All cases will be assessed and approved by officers at Housing Options
Service.
Persons leaving the armed forces must have met the Leicester City
Requirement prior to them entering service.
BAND THREE
3.36 PEOPLE IDENTIFIED BY ADULT SOCIAL CARE AS READY TO
LEAVE THE CARE OF FAMILY OR CARER
Outcome
This is to give priority to people ready to leave the care of their family or
carer and into independent living.
Criteria and Evidence Required
Confirmation from Leicester City Council’s Adult Social Care that the
person is ready to move into independent living from the care of their
family or carer.
3.37 SINGLE PEOPLE WHO HAVE NO SETTLED ACCOMMODATION
AND ARE OF ‘NO FIXED ABODE’
Outcome
This is to give priority to single people who have no settled
accommodation and are of ‘no fixed abode’.
Criteria and Evidence Required
Letter from the tenant or owner-occupier of the correspondence address
confirming the address is used solely for mailing purposes by the
applicant.
Other Information
In some instances, a verification visit may be undertaken by the Housing
Options Service.
3.38 FAMILIES NEEDING TO MOVE TO A PARTICULAR AREA OF
LEICESTER WHERE HARDSHIP WOULD BE CAUSED IF THEY DO
NOT MOVE
Outcome
This is to give priority to families needing to move to particular area
within the city of Leicester to give or receive daily physical care and
support.
Criteria and Evidence Required
A Community Care Assessment from Leicester City Council’s Adult or
Children Services or an equivalent assessment from another local
authority confirming the need of the applicant to give or receive daily
physical care and support and the current home is too far away from the
support.
Other Information
Applicants will only be able to apply for properties within the allocation
area where they will give or receive care and support.
3.39 FAMILIES WHO ARE LIVING IN OVERCROWDED CONDITIONS
UNDER LEICESTER CITY COUNCIL’S OVERCROWDING
STANDARD (ONE BEDROOM SHORT OF THEIR ASSESSED NEED)
Outcome
This is to give priority to families who are overcrowded and who need
one more bedroom to meet their needs.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which households require one additional bedroom using the bedroom
standard outlined in paragraph 4.2 against the number of bedrooms the
household currently have exclusive use of.
Other Information
In determining the number of bedrooms required where a household is
expecting another baby this will only be taken into consideration when
the mother is 20 weeks pregnant.
3.40 COUNCIL AND HOUSING ASSOCIATION TENANTS WHO ARE
CURRENTLY UNDER-OCCUPYING A TWO OR THREE BEDROOM
PROPERTY
Outcome
This is to give priority to social tenants who are underoccupying 2 or 3
bedroom properties to move to accommodation with less bedrooms.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which social tenants are underoccupying 2 or 3 bedroom properties.
Other Information
Housing Association tenants will be considered if their current home is
within the city and their Housing Association has agreed to advertise the
vacated home through Leicester HomeChoice.
BAND FOUR
3.41 PEOPLE WHO SHARE FACILITIES WITH OTHER HOUSEHOLDS
BUT HAVE THEIR OWN BEDROOM
Outcome
This is to give priority to people who do not have a tenancy or own their
own home and who are living with family/friends, are not overcrowded
but who wish to move to their own accommodation.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which people share facilities with others other than those in the
applicant’s household.
Other Information
Priority will not be given to tenants or owner occupiers who have
exclusive use of their own self contained accommodation.
3.42 PEOPLE WHO NEED TO MOVE TO, OR REMAIN IN, A PARTICULAR
AREA OF LEICESTER TO GIVE OR RECEIVE EMOTIONAL
SUPPORT FROM FAMILY, FRIENDS OR OTHERS IN THE
COMMUNITY
Outcome
This is to give priority to people needing to live in one specific area of the
city in order to give or receive care and support on emotional grounds
from family/friends/community.
Criteria and Evidence Required
Applicants wishing to be approved under this allocation will need to
demonstrate a specific connection with the chosen allocation area where
they have a reasonable expectation of support from one of the following:
Family
Friends
Community
This does not include support from voluntary or statutory bodies, as they
are generally able to provide support citywide.
The level of proof required would be a signed statement of support from
the person/community link.
Other Information
Applicants will only be able to apply for properties within the allocation
area where they will give or receive care and support on emotional
grounds.
BAND FIVE
3.43 Outcome
To allow the letting of homes for which there are no expressions of
interest from Bands 1, 2, 3 and 4 in the week they are placed on
Leicester HomeChoice.
Criteria and Evidence Required
People who do not have any of the housing circumstances listed in
bands 1, 2, 3 and 4 will be placed in this band. This also includes people
who do not meet the Leicester City Requirement.
Information will be taken from the housing application form to establish
whether there are any housing circumstances that merit consideration
for a higher band.
PART 4 ALLOCATION CRITERIA
4.1 The Council has rules which determine the type and size of
accommodation for which applicant households are eligible. This takes
the general approach of maximising occupancy and makes best use of
an otherwise limited stock of properties.
Size of Accommodation
4.2 When determining how many bedrooms a family is eligible for, the
following criteria will be used:
A separate bedroom is allocated to:
Each married or cohabiting couple or single parent
Any other person aged 21 years or more
Each pair of people of the same sex aged 0-20, provided the age
gap between the two is no more than 10 years
Each pair of children under 7
Any person who cannot be paired
Exceptions
Families with foster children will be allocated the number of
bedrooms as recommended by Children and Young People’s
Services
Individual Housing Associations will have their own arrangements
Where there is a recommendation from an appropriate
professional that a separate bedroom is required e.g. a person
currently sharing who requires own bedroom due to mental health
problem as confirmed by a Consultant Psychiatrist
A household member who is pregnant, the unborn child will be
treated as if the child were already born when it has been
confirmed the household member ‘s pregnancy is over 20 weeks
Property Types
4.3 The eligibility criteria for property types will vary according to the size
and type of property.
4.4 Houses and Maisonettes of any size
These are categorised as family accommodation and will only be let to
applicants who have their children living with them on a permanent, full
time basis. Exceptions can be made, for example where children are on
university courses and live away during term time.
4.5 2 and 3 Bedroom Flats
These are also classed as family accommodation, however they can be
allocated to applicants who have overnight staying access to children or
other households without children.
4.6 Bedsits and 1 Bedroom Flats
Bedsits are deemed suitable for single people whilst 1 bedroom flats are
suitable for childless couples and single people.
4.7 Ground Floor Bedroom Flats
All ground floor bedroom flats are designated for people with mobility
issues in the first instance where it has been recommended by a health
professional that ground floor property is needed for mobility issues.
All other eligible people would be considered in the second instance.
4.8 Sheltered Accommodation
These were formerly known as Warden Assisted Accommodation and
are designated for applicants aged 60 years or over in the first instance.
However, any applicant aged 50 years or over can apply and be
considered for sheltered accommodation.
4.9 1 Bedroom Bungalows
In areas listed in Appendix 1, allocations will only be considered to those
people 60 years and over.
In areas listed in Appendix 1, allocations will be considered to those
people 60 years and over in the first instance and if no suitable person
can be identified then the age limit will be reduced by 5 year age bands
until a suitable person can be identified. The minimum age criteria will be
40 years.
4.10 2 and 3 Bedroom Bungalows
These are not age restricted and are designated in the first instance to
people needing ground floor accommodation due to mobility issues as
recommended by an occupational therapist or health professional.
Any other family household requiring a 2 or 3 bedroom bungalow will be
considered after the above.
4.11 Adapted Accommodation
In order to make best use of housing stock, accommodation that has
been purposely built or adapted for disabled people will in the first
instance be restricted to those people with such need.
4.12 Age Designated Accommodation
Certain properties in addition to all unadapted one bedroom bungalows
and sheltered accommodation are reserved in the first instance to
people 60 years and over. These are detailed in Appendix 1.
Where a suitable person 60 years and over cannot be identified the age
band will be reduced by 5 year age bands until a suitable person is
identified.
Tenants in Band 5 cannot move to ‘like for like’ accommodation.
4.13 Large Homes Released Through Underoccupation
Large homes (4 bedrooms and over) released through underoccuption
will be allocated in the following order:
1. To social tenants (LCC & Housing Association tenants in
Leicester) who are severely overcrowded i.e. lacking two or more
bedrooms on the Housing Register.
2. To other severely overcrowded households on the housing
register (as defined above) living in their own accommodation.
3. To all other households on the register under normal allocation
criteria.
The exception to the above will be if there is a statutory homeless
household at the top of the list or the home released is an adapted
property then normal allocation criteria would be followed.
Pet Restrictions
4.14 There are some properties let by Leicester City Council that have special
restrictions that are incorporated within the conditions of tenancy.
4.15 Tenants of certain accommodation are not permitted to keep on the
premises any large pets, including cats and dogs.
4.16 Accommodation where this condition applies is as follows: -
All tower blocks
All sheltered accommodation
All accommodation on the St Peters Estate
West Court
Three storey flats on the Mowmacre Hill Estate
Aikman Avenue flats
Wiltshire House
Three storey flats on Braunstone Frith
Beatty Avenue Flats
100 Welford Road Flats
St Leonard’s Court Flats
Martindale & Grisedale Flats
Beaucastle Grove Flats
Families with Two Children
4.17 Families with two children who are of the age/sex where they can share
a bedroom can choose to be considered for 2 and 3 bedroom
properties. This applies also to families with one child expecting another.
Downsizing Bedrooms
4.18 Applicants can choose to select fewer bedrooms than the policy deems
as required.
4.19 Where an applicant chooses fewer bedrooms the following will apply:
They remain eligible for the size of property dictated by the policy
and will be considered for both the original size of property and
the one with fewer bedrooms requested.
Applicants can downsize by up to two bedrooms providing it does
not create statutory overcrowding.
4.20 Families with children cannot downsize from 2 bedroom to 1 bedroom
accommodation.
4.21 Applicants cannot downsize to the same size as their current
accommodation, where they have been awarded overcrowding priority.
Appeals
4.22 Unless differently prescribed by legislation, statutory instrument or court
ruling, a period not exceeding 21 days will be allowed for the applicant to
lodge an appeal or request a review of the decision. This does not affect
the applicant’s right to initiate legal proceedings.
4.23 A more senior officer to the officer who made the initial decision will
conduct the appeal or review.
4.24 The aim is to investigate and provide an outcome for each appeal or
review within 28 days of receiving the request. Where this is not possible
the applicant will be informed of the delay and given an approximate
indication of when they may expect an outcome.
4.25 Exception to this are:
People made ineligible
The review process for persons made ineligible from the Housing
Register is outlined in writing to applicants.
Homelessness Cases
The statutory review process for persons given an unfavourable
homelessness decision is outlined in the decision letter in line with
current legislation.
Annual Review
4.26 All applicants will be sent a letter asking if they wish to remain on the list,
12 months from the date of their original application and then 12 months
from each re-registration.
4.27 Applicants will have 1 month to respond. If they do not respond within
this time, their application will be cancelled.
Cancelled Applications
4.28 Applications will be cancelled in the following circumstances:
The applicant asks us to do so.
The applicant does not respond to a review letter.
The applicant does not respond to an offer letter or other
correspondence within 7 working days or within the deadline
stated in the correspondence.
4.29 Applications that have been cancelled can be reinstated up to 3 months
after the date of cancellation. Applicants will need to reapply with a fresh
application after this period.
3 Offer Policy
4.30 All applicants accepted on the Housing Register are entitled to receive
three offers of accommodation with their full priority. An offer of
accommodation will include an offer of a Leicester City Council secure
tenancy, introductory tenancy or a nomination to a Housing Association
(tenancy type may vary).
4.31 An applicant who refuses a third offer of accommodation within 12
months of refusing their first offer will be suspended on the Housing
Register for 12 months.
4.32 All applicants have the right to appeal against the decision to suspend
their application after three offers.
Property Condition (LCC Tenants Only)
4.33 A Leicester City Council tenant who has failed to meet their obligations
to maintain aspects of their current home may be considered as having
behaviour affecting their suitability to be a tenant of the Council or a
Housing Association and have their application suspended.
4.34 All offers of accommodation to tenants are subject to, their current home
meeting acceptable standards as verified by a Voids Officer in the case
of Leicester City Council tenants.
4.35 Where the tenant has failed to meet the acceptable standard, any offers
of accommodation will be withdrawn and their application suspended
until such time the home meets the necessary standard.
PART 5 LEICESTER HOMECHOICE
5.1 Leicester City Council’s housing stock will be let under a choice based
lettings scheme called Leicester HomeChoice. The scheme is a
partnership between Leicester City Council and member Housing
Associations.
5.2 All properties will be allocated via Leicester HomeChoice and are
advertised on a weekly basis. This may be extended on occasions due
to public holidays.
5.3 Applicants have to bid for properties they wish to be considered for and
are eligible for.
5.4 Where a property has been advertised with an eligibility restriction, only
applicants who meet the relevant criteria will be shortlisted for the
property. For example, a property advertised as having adaptations such
as a level access shower will only be considered for applicants with such
need.
5.5 At the end of the advertising cycle a shortlist will be drawn up from all the
eligible applicants that have applied for a property. The offer of
accommodation will be made to the person in the highest band. If there
is more than one applicant in the band, the offer will be made to the
applicant who has been waiting the longest within that band. If the
applicant with the highest priority refuses the property it will be offered to
the next highest bidder who meets the eligibility criteria and so on.
Direct Offers
5.6 In limited circumstances the Council may allocate properties directly to
applicants outside of the Choice Based Letting Scheme. Illustrative
examples of Direct Lets are as follows:
Where an allocation is required to ensure protection of the public
for example following a request made by a multi-agency public
protection panel meeting.
Where a customer has been referred as part of the Witness
Protection Scheme.
Where a Leicester City Council tenant’s home is being repaired
and they need to be moved from the property on a temporary or
permanent basis.
Where a targeted offer is made to an applicant living in a Council
clearance area.
Where there are exceptional circumstances that merit priority
rehousing associated in managing risks, emergencies and making
best use of management stock.
APPENDIX 1 ALLOCATION OF 1 BEDROOM BUNGALOWS
Areas where bungalows will be allocated to people 60 years and over
Abbey Rise
Braunstone South
Coleman Road
Evington & Goodwood
Rowley Fields
Stocking Farm
Tailby
Victoria
Areas where bungalows will be allocated to people 60 years and over in
the first instance and if there is no demand reducing by 5 year age bands
to 40 years
Braunstone Frith
Braunstone North
Eyres Monsell North & South
Gilmorton
Montrose
Mowmacre Hill
Netherhall
New Parks East & West
Rowlatts Hill
Saffron North & South
Thurnby Lodge
West Humberstone & Morton
APPENDIX 2 AGE DESIGNATED ACCOMMODATION
Areas where all one bedroom flats/bedsits will be allocated to people 60
years and over in the first instance and if there is no demand reducing by
5 year age bands until let
Abbey Rise
376-398 Thurcaston Road
Beatty Avenue
Beatty Avenue Flats
Beaumont Leys
Fowler Close
Belgrave & Rushey Mead
All ground floor flats
Braunstone Frith
Dupont Gardens
Braunstone South
Ainsworth Walk
Bennett Walk
Blackmore Drive
Buchan Walk
Chesterton Walk
Dickens Court
Galsworthy Court
Gaskell Walk
Walpole Court
Charnwood
Charnwood Estate Flats
(only 1 & 2 bed flats)
Curlew Walk
Dunlin Road
Fieldfare Walk
Kestral Close
Kingfisher Avenue
Kingfisher Walk
Redwing Walk
Sandpiper Close
Stonechat Walk
17-31 St Saviours Rd (odd no’s)
Evington & Goodwood
Gisbourne Court Flats
Goodwood Road Flats
High Street Flats
Eyres Monsell
Hillsborough Close Flats
Humberstone Village
Humberstone Village Flats
New Parks
Kerrial Gardens
Mowmacre Hill
Colsterdale Close
Netherhall
St Mary’s Court
Rowlatts Hill
Ambassador Road
Rowlatts Hill Road
Saffron South
Goldhill
St Andrews
St Leonards Court
100 Welford Road
St Mark’s
St Mark’s Estate Flats
West End
Kate Street Flats