Updated 23 June 2023
Leicester City Council
Housing Allocations Policy
Updated 23 June 2023
INDEX
Part 1 INTRODUCTION
1.1 Introduction
1.3 The Legal Framework
1.7 Statement on Choice
1.10 Equalities Statement
1.11 Confidentiality Statement
Part 2 THE HOUSING REGISTER
2.1 Who Can Apply?
2.2 Eligibility
2.3 Qualifying Persons
2.3.1 Age Qualification
2.3.2 Leicester City Requirement
2.3.3 Banding Priority Qualification
2.4 Non Qualifying Persons
2.4.1 Unacceptable Behaviour
2.4.2 Financial Resources
2.4.3 Owner-Occupiers
2.4.4 False Statements or Withheld Information
2.4.5 Deliberately Worsening Housing Circumstances
Part 3 REGISTRATION AND ASSESSMENT
3.1 How to Apply
3.5 Who You Can Include on Your Application
3.9 Bedroom Entitlement
3.10 Size of Accommodation
3.12 Downsizing Bedrooms
3.16 Change in Circumstances
3.19 Applications from People who have have Overnight Staying Access to
Children
3.25 Applications from People in Prison
Part 4 THE BANDING SCHEME
4.1 The Banding Scheme
4.9 Banding Scheme Summary
4.13 People in need of urgent re-housing and referred by Adult Social Care or
Children’s Services
4.14 People in need of urgent re-housing whose properties are directly
affected by public redevelopment programmes
4.15 Council and housing association tenants who are currently under-
occupying their home by 2 or more bedrooms or moving to 1 bedroom
accommodation
Updated 23 June 2023
4.16 Council and housing association tenants occupying a purpose built
wheelchair adapted property who no longer require it
4.17 People suffering from any form of harassment
4.18 Council and housing association tenants who need to move for
management reasons
4.19 People whose current housing conditions are having a seriously adverse
effect on the physical or mental health of either the applicant or a
member of their household
4.20 Children leaving the care of Leicester City Council’s Children’s Service
4.21 People who are owed a statutory homeless duty under the Housing Act
1996 (Part VII) as amended by the Homelessness Reduction Act and
meet additional criteria
4.22 Tenants whose homes are assessed to be statutorily or critically
overcrowded
4.23 People who are owed a statutory homeless duty under the Housing Act
1996 (Part VII) as amended by the Homelessness Reduction Act
homeless
4.24 Tenants whose homes are deemed to be severely overcrowded (two
bedrooms or more short of their assessed need)
4.25 People living in designated temporary accommodation in the city
4.26 Families who are overcrowded and living in one bedroom
accommodation
4.27 Council and housing association tenants who are currently under-
occupying a three bedroom property by one bedroom and need two
bedrooms
4.28 People ready to leave residential care supported by Leicester City
Council and/or NHS
4.29 People with a care package where Adult Social Care (LCC) assess that
a move will assist independent living
4.30 People whose current housing conditions are having a negative effect on
the physical or mental health of the applicant or a member of their
household
4.31 People who have been assessed as living in insanitary or unsatisfactory
accommodation
4.32 People leaving the armed forces who have applied for housing within 5
years of their discharge but do not have a home to return to
4.33 People identified by Adult Social Care as ready to leave the care of
family or carer
4.34 Families needing to move to a particular area of Leicester where
hardship would be caused if they do not move
4.35 Tenants who are living in overcrowded conditions under Leicester City
Council’s overcrowding standard (one bedroom short of their assessed
need)
4.36 Non-Tenants who are living in overcrowding conditions
4.37 People over the age of 50 years requesting 1 bedroom sheltered
accommodation only
4.38 Working households or those in local training schemes who need to
move closer to their job/training scheme
Part 5 ALLOCATION CRITERIA
Updated 23 June 2023
5.1 Allocation Criteria
5.3 Houses and Maisonettes of any size
5.4 2 and 3 Bedroom Flats
5.5 Bedsits and 1 Bedroom Flats
5.6 Ground Floor Bedroom Flats
5.7 Sheltered Accommodation
5.8 1 Bedroom Bungalows
5.9 2 and 3 Bedroom Bungalows
5.10 Age Designated Accommodation
5.11 Adapted Accommodation
5.12 Pet Restrictions
Part 6 SUSPENSIONS, CANCELLATIONS & REVIEWS
6.1 Suspensions
6.2 Rent Arrears
6.5 Rehousing with Rent Arrears
6.9 Former Rent Arrears
6.11 Exceptional Circumstances
6.14 3 Offer Policy
6.16 Property Condition
6.19 Cancelled Applications
6.21 Review of Applications
6.22 Right of Review
Part 7 LEICESTER HOMECHOICE
7.1 Leicester HomeChoice
7.8 Direct Lets
7.9 Local Lettings Policies
APPENDICES
Appendix 1 Age designated flats
Appendix 2 Designated temporary accommodation schemes
Updated 23 June 2023
PART 1 INTRODUCTION
1.1 This is Leicester City Council’s Choice Based Lettings and Housing
Allocations Policy. It explains the rules, criteria and procedure that
determine how Leicester City Council allocates social housing properties
to Qualifying Registered Persons.
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 its wish to offer as
much choice as possible.
The Legal Framework
1.3 The Housing Act 1996 (Part 6), as amended by the Homelessness Act
2002 and Localism Act 2011 requires local authorities to have an
allocations policy for 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 ‘Allocation of accommodation:
Code of guidance for local housing authorities in England’.
1.5 An allocation of accommodation within the Housing Act 1996 (Part 6) is
when the local authority selects a person to be either:
a secure or introductory tenant of accommodation held by the
authority
nominates a person to be a secure or introductory tenant of
accommodation held by another housing authority
nominates a person to be an assured tenant of accommodation
held by a Private Registered Provider (or Registered Social
Landlord in Wales) (s.159(2))
1.6 This Policy does not apply to assignments, mutual exchanges, succession
of tenancies or temporary decants. 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
1.7 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.
Updated 23 June 2023
1.8 It is important to realise that the demand for accommodation is higher for
some types of property and for some areas than others. In deciding about
the choices available, applicants need to consider their housing need
priority against the availability of properties in any given area.
1.9 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
1.10 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
1.11 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:
Leicester City Council is satisfied that the applicant has given
consent for any information held on an application to be shared with
other social housing landlords, such as (but not limited to)
Registered Social Landlords, and other agencies
Leicester City Council is permitted to disclose the information under
data protection Legislation; and/or
There is another lawful requirement in law to make such
disclosures.
For more information regarding how the Council uses personal data,
please see the privacy notice at: https://www.leicester.gov.uk/your-
council/how-we-work/our-website/privacy/
Updated 23 June 2023
PART 2 THE HOUSING REGISTER
Who Can Apply?
2.1 Any person aged 18 and over can apply to join the Housing Register
provided they are:
1. Eligible for an allocation of accommodation
2. A qualifying person
Eligibility
2.2 Under s160ZA of the 1996 Housing Act as amended by the Localism Act
2011, local authorities must consider whether applicants are eligible for an
allocation of accommodation. This relates to some people who may have
been living abroad or who do not have permanent permission to remain in
the UK.
Only applicants that are eligible can be included on the Housing Register.
The following people will be eligible for an allocation of accommodation:
1. Applicants that are subject to Immigration Control
A person that is subject to immigration Control will be eligible for an
allocation of accommodation if they fall within a category of persons that
have been prescribed as eligible by regulations made by the Secretary of
State.
2. Applicants that are not subject to immigration control
A person that is not subject to Immigration Control will be eligible for an
allocation of Accommodation unless:
a. Their only right of residence is one which has been prescribed
as not resulting in eligibility by Regulations made by the
Secretary of State; or
b. They are not habitually resident in the Common Travel Area or
excluded from the requirements of the Habitual Residence Test
by Regulation 6(2) of the Allocation of Housing and
Homelessness (Eligibility) (England) (Regulations 2006).
Qualifying Persons
2.3 The Council will only allocate accommodation to those who it defines as
being ‘qualifying persons’ within the parameters of s160ZA of the Housing
Act 1996. An applicant must qualify under each of the requirements set
out below.
Updated 23 June 2023
1. Age Qualification
Applicants must be 18 years or more to join the Housing Register, unless
they meet one of the criteria for exceptional circumstances as follows:
Where a young person has been accepted as being owed a
statutory homelessness duty
Where a request has been made by Leicester City Council’s
Children’s Services for one of their care leavers
Any applicant who is under 18 cannot by law be granted a tenancy but the
legal estate can be held in trust until they reach the age of 18. A trustee
will therefore be required to sign the tenancy agreement on their behalf
until they are 18.
2. Leicester City Requirement
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 settled home for 2 consecutive years
immediately prior to their housing application*
Applicants that have previously lived in settled accommodation in
the city of Leicester for 3 consecutive years or more out of the last
5 years *
Applicants currently working within the city of Leicester and have
been for the last 12 months
People who are aged over 18 and approved as a homeless person
under Part VII of the Housing Act 1996
Applicants who need to give or receive support to direct family
members who have been living in the city for the past 5 years.
Direct family members include husbands, wives, civil partners,
parents, sons, daughters, brothers and sisters.
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 asylum seekers who have been
awarded exceptional or indefinite leave to remain whilst living in the
city
Persons who have previously served in the armed forces and they
make an application for housing within 5 years of their discharge
Bereaved / Divorced / Separated spouses or civil partners of
Service personnel who are required to move out of accommodation
provided by the Ministry of Defence
Prisoners released from prison who meet one of the above criteria
prior to them entering 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
Updated 23 June 2023
City for 3 consecutive years or more out of the last 5 years from the
last date of their last settled accommodation
Council or Housing Association tenants who need to move for work
related reasons
Victims of domestic abuse that have fled to a refuge in the city from
another local authority area
* Hostels, Nightshelters, Care of Addresses’ & No Fixed Abode do not
meet the requirement, as they are not classified as settled
accommodation.
3. Banding Priority
Applicants must fall within the provisions for one of the priority Bands 1
3 (see sections 4.9 4.11).
Non Qualifying Persons
2.4 An applicant is not a qualifying person to join the Housing Register in any
of the following circumstances:
1. Unacceptable Behaviour
An applicant is not a qualifying person if they have been guilty of
unacceptable behaviour or the subject of an anti-social behaviour order.
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 notice to
terminate, 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)
The decision that an applicant is not a qualifying person 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.
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.
Updated 23 June 2023
Family Intervention Project
Families who have 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.
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. Financial Resources
An applicant is not a qualifying person if their family household’s gross
taxable income is more than £34,000 per annum or £25,000 per annum
for a single person household or has savings or assets totalling more than
£50,000. This is because the Council considers this to be a sufficient
financial resource to buy a home or pay market rent in the city.
This qualification criteria do not apply to existing Leicester City Council
tenants.
Applicants who formerly owned a property within the last 5 years will be
asked to provide evidence of the sale and details of any capital gained
from the sale to determine their qualification. If applicants disposed of
capital without making adequate housing arrangements; for example,
gifting the capital to relatives or friends, they will not qualify.
3. Home Owners
An applicant is not a qualifying person if they own a freehold or leasehold
interest in a residential property in the UK or abroad, or part-owns a
property under the Shared Ownership Scheme.
.
The Housing Options Service, at the discretion of the Service Manager
may allow a home owner to join the Housing Register in exceptional
circumstances, for example, where a disabled owner occupier is unable
to meet their housing needs from their own resources and require an
adapted property.
4. False Statements or Withheld Information
Section 171 of the Housing Act 1996 makes it a criminal offence for
anyone, in connection with the exercise by a local housing authority of
their functions under Part 6 of the Housing Act 1996, to:
Knowingly or recklessly give false information
Updated 23 June 2023
Knowingly withhold information which the authority has reasonably
required the applicant to give in connection with the exercise of
those functions
The circumstances in which an offence is committed could include:
Any false information given on an application form for alternative
housing/accommodation
Any false information given in response to subsequent review
letters
Any false information given or submitted by customers during the
proceedings of a review
Where it has been established that an applicant directly, or through a
person acting on his or her behalf, has deliberately withheld or
misrepresented any information which would be relevant to the
assessment of their housing circumstances and priority on the Housing
Register, it may result in the applicant being removed from the Housing
Register and become ineligible for a period of 12 months.
Ground 5 in schedule 2 of the Housing Act 1985 (as amended by section
146 of the 1996 Housing Act) enables Leicester City Council to seek
possession of a tenancy granted as a result of a false statement by the
customer or a person acting on behalf of the customer.
5. Deliberately Worsening Housing Circumstances
Where the Housing Options Service is satisfied that a housing applicant
has either acted unreasonably or has deliberately worsened their housing
circumstances, in order to improve their chances of being re-housed, then
the applicant will not qualify to join the Housing Register for a period of 12
months. Examples of this include:
Selling a property that is affordable and suitable for the applicant‘s
needs
Moving from a secure tenancy or settled accommodation to
insecure or less settled or overcrowded accommodation
Requesting or colluding with a landlord or family member to issue
them with a Notice to Quit
Updated 23 June 2023
PART 3 REGISTRATION AND ASSESSMENT
How to Apply
3.1 To apply, applicants are required to complete the online pre-assessment
and those who may be eligible and qualify to join the Housing Register
can complete the online application form at
www.leicesterhomechoice.co.uk
3.2 In all circumstances the Council will require proof of identity along with
other supporting proofs as detailed on the application for the application
to be fully registered.
3.3 Applicants who apply with partners are treated as making a joint
application and partners are subject to the same tests as applicants
3.4 The registration of applicants on the housing register is not an acceptance
by the Council that they are considered eligible for an allocation of
accommodation. If an applicant makes a successful bid for
accommodation and they are unable to provide documentation to prove
their eligibility or their household’s eligibility they will not be allocated the
accommodation and will be removed from the housing register.
Who You Can Include on Your Application
3.5 You can only include:
You and your partner
Children under 18 who are dependent on you or your partner *
Your non-dependent children or parents who have lived with you
for the past 12 months
Those household members who were listed on the previous
application that led to rehousing with the City Council
* 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.
3.6 Where there are extenuating circumstances for people who are not part
of your immediate family but have an exceptional need to live with you as
part of the household to give or to receive care or support, consideration
will be given to individual cases by the Housing Options Service.
3.7 You cannot include on your application family members who are not
resident in the UK at the time an application is submitted. These
household members will only be considered once the family have been
reunited in the UK and can clearly demonstrate that the family member
added to the application for housing has leave to remain and or, recourse
to public funds within the UK.
Updated 23 June 2023
3.8 A person can only be registered on one application for housing at any one
time.
Bedroom Entitlement
3.9 The Council has rules which determine the 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
3.10 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 children of either sex under 10 years
Each pair of children of the same sex under 21 years
Any person who cannot be paired
Exceptions
Families with foster children will be allocated the number of
bedrooms as recommended by Children’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 their own bedroom due to mental health problem as
confirmed by a Consultant Psychiatrist
3.11 If the applicant or a member of their household is pregnant, bedroom
requirements will only be reviewed following the birth of the baby.
Downsizing Bedrooms
3.12 Applicants can choose to select one less bedroom than the policy deems
is required.
3.13 Where an applicant chooses one less bedroom the following will apply:
They remain eligible for the size of property dictated by the policy
and the one with fewer bedrooms requested.
Applicants can downsize by 1 bedroom providing they have not
been given overcrowding priority or create statutory overcrowding.
Updated 23 June 2023
3.14 Families with 1 child aged 2 years and under can choose to apply for 1
and 2 bedroom accommodation.
3.15 Applicants cannot downsize to accommodation where they would have
the same banding priority following the move, as they had before the
move. For example, a family requiring 2 or more bedrooms who have been
given severe overcrowding priority cannot move to a property where they
would still require 2 or more bedrooms to meet their need.
Change in Circumstances
3.16 All applicants are required to notify Leicester City Council immediately of
any significant change to their circumstances which may affect their
priority for housing.
Change in circumstances includes:
A change of address for the applicant or any other person on their
application
Any additions to the family or any other person joining the
application
Any member of the family or any other person on the application
who has left the accommodation
Any change in your income, assets or savings
Any change to your immigration status
Any change in your residential status, for example you become a
home owner and were previously a tenant
3.17 Applicants should notify any change in their circumstances by completing
the online forms available on Leicester City Council’s Housing webpage.
3.18 Where the Council believes that information about the applicant’s
personal circumstances have been withheld or misleadingly presented,
the Council reserves the right to withdraw any offer of accommodation
made and may act as described in section 2.4.4.
Applications from People who have Overnight Staying Access to
Children
3.19 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 many children
consideration may be given for a 3 bedroom flat. This will be considered
on a case by case basis.
3.20 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.
Updated 23 June 2023
3.21 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.
3.22 Where 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. The decision will
be made on a case-by-case basis considering the circumstances of each
parent.
3.23 Access to children will only be considered where the person is a parent
whether natural or by adoption or has legal residence order of a child(ren).
This policy does not apply to informal arrangements.
3.24 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 in Prison
3.25 As applicants detained in prison are unable to take up occupation,
applications will only be considered within 4 months of their release.
Updated 23 June 2023
PART 4 THE BANDING SCHEME
4.1 The Housing Act 1996, as amended, states that when determining
priorities under the allocations policy, the council must give reasonable
preference to certain categories of people. This currently includes those:
who are homeless
who the local authority has a duty to accommodate
occupying insanitary, overcrowded or unsatisfactory housing
conditions
who need to move on medical or welfare grounds
who need to move to a particular locality to reduce hardship
4.2 To ensure that the Council fulfils its statutory duties and strategic
commitments (as they relate to housing), this policy is structured 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.
4.3 All qualifying households are placed into one of three 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.
4.4 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.
4.5 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.
4.6 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.
4.7 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.
4.8 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.
Updated 23 June 2023
Banding Scheme Summary
4.9 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 their home by 2 or more bedrooms or moving to 1
bedroom accommodation.
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 effect 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’s
Service
People who are owed a statutory homeless duty under the Housing
Act 1996 (Part VII) as amended by the Homelessness Reduction
Act and meet additional criteria (see 4.21)
Tenants whose homes are assessed as being statutorily or
critically overcrowded
4.10 Band Two
People who are owed a statutory homeless duty under the Housing
Act 1996 (Part VII) as amended by the Homelessness Reduction
Act
Tenants whose homes are deemed to be severely overcrowded
(two bedrooms or more short of their assessed need)
People living in designated temporary accommodation in the city
Families with children 3 years and over who are overcrowded and
living in one bedroom accommodation
Council and housing association tenants who are currently under-
occupying a three or more bedroom property by one bedroom
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
effect on the physical or mental health of the applicant or a member
of their household
People who have been assessed as living in insanitary or
unsatisfactory accommodation
People leaving the armed forces who have applied for housing
within 5 years of their discharge but do not have a home to return
to
Updated 23 June 2023
4.11 Band Three
People identified by Adult Social Care as ready to leave the care
of family or carer
People needing to move to a particular area of Leicester where
hardship would be caused if they do not move
Tenants who are living in overcrowded conditions under Leicester
City Council’s overcrowding standard (one bedroom short of their
assessed need)
Non-tenants living in overcrowded circumstances
People over the age of 50 years requesting 1 bedroom sheltered
accommodation only
Working households or those in local training schemes who need
to move closer to their job/training scheme
4.12 Applicants placed into Bands 1 & 2 have been assessed as having high
priority and therefore having an urgent need to move. Leicester City
Council will endeavour to review these cases every 12 months or in the
case of some priorities more often to ensure there is still an urgent need
to move.
BAND ONE
4.13 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 where Leicester City Council’s Adult Social
Care and Children’s Services have confirmed a) and b) below.
Referrals will only be considered from Leicester City Council’s Director of
Adult Social Care or Children’s Services.
a) It is essential 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
Updated 23 June 2023
The Director of Housing will also have the discretion to extend property
type and size over normal eligibility.
Priority is not awarded 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 to obtain an offer
in a specific area.
4.14 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
Executive Notice of 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.
This priority can be extended to include other homes lost in an event of
an emergency at the discretion of the Director of Housing.
4.15 COUNCIL AND HOUSING ASSOCIATION TENANTS WHO ARE
CURRENTLY UNDER-OCCUPYING THEIR HOME BY 2 OR MORE
BEDROOMS OR MOVING TO 1 BEDROOM ACCOMMODATION
Outcome
This is to enable priority rehousing for social tenants who are under-
occupying their home by 2 or more bedrooms or moving to 1 bedroom
accommodation.
Criteria and Evidence Required
Updated 23 June 2023
Information will be taken from the housing application form to establish
which social tenants are under-occupying their current homes.
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. HomeCome tenants are
also eligible for this priority as their homes are managed by Leicester City
Council.
4.16 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 living in Leicester 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.
This priority can be extended to include other properties which have been
extensively adapted and there is clear evidential need for this type of
accommodation.
4.17 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.
Updated 23 June 2023
The Council’s 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. Applicants cannot be re-housed in the area they
received harassment unless there are exceptional circumstances that
warrants the applicant remaining in the locality.
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.
4.18 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.
Updated 23 June 2023
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 to get independent
accommodation. 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(s) 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 any appropriate size accommodation.
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 must 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.
8. Where a HomeCome or Leicester Lease tenant has been given
notice to leave due to the end of the leasing arrangement and the
property owner does not wish to renew the lease. Tenants
approved under this criteria will only be entitled to one suitable offer
Updated 23 June 2023
of accommodation in line with their eligible property types.
Approved 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.
9. Where Management have undertaken a Personal Emergency
Evacuation Plan (PEEP) or have been made aware because of a
Fire Risk Assessment (FRA), there are concerns about the
evacuation of a tenant or members of the household in an
emergency and a move to more appropriate accommodation would
assist to minimise the risk.
10. Where a HomeCome or Leicester Lease tenant resides in
accommodation that has become unsuitable due to affordability
issues which cannot be resolved through evidenced budgeting
advice. Tenants approved under this criterion will only be entitled
to one suitable offer of accommodation in line with their eligible
property types. Approved 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.
11. Where a family member has been left in accommodation and
become an unlawful occupier. To qualify for this priority, the family
member must have lived at the property for at least 6 months prior
to becoming an unlawful occupier and a mesne profit account
created.
12. Where a Leicester City Council or Housing Association tenant has
previously been awarded management case priority and it has
been identified that the applicant cannot return to the property. To
avoid accruing large rent arrears when Housing Benefit stops, the
tenancy can be terminated, and the applicant maintains their
awarded management priority under a new housing application.
This must be approved prior to the tenancy being terminated.
Other Information
The above list may be extended at the discretion of the Director of
Housing.
* Tenants of Housing Associations will only be considered where there are
exceptional circumstances.
4.19 PEOPLE WHOSE CURRENT HOUSING CONDITIONS ARE HAVING A
SERIOUSLY ADVERSE EFFECT 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 effect on their
Updated 23 June 2023
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
Housing Need
Current
Housing
Circumstances
Verification
Source
Applicant or
member of
household has an
acute deterioration
of mobility or
progressive
mobility problems
Where an
Occupational
Therapist has said
the applicant
requires either:
1. Fully wheelchair
accessible home
2. Fully accessible
home with a level
access shower
3. Fully accessible
home on the
ground floor or
accessible by a lift
The bedroom,
bathroom and toilet
are all not
accessible in their
current
accommodation
Leicester City
Council’s
Occupational
Therapist
Mental Health
Housing Need
Current
Housing
Circumstances
Verification
Source
Applicant or
member of
household has a
serious mental
health condition
Where a
Consultant
Psychiatrist has
stated it is
impossible to
remain in their
current home due
to the impact on
their mental health
The home is
seriously impacting
on person’s mental
health
Consultant
Psychiatrist
Updated 23 June 2023
Applicant or
member of
household has an
underlying mental
health condition
Where it can be
evidenced that a
recent traumatic
event within the
past two years (i.e.
murder, serious
assault, abuse,
death etc.) in the
associated home
or adjacent area is
causing the
applicant
significant mental
distress
A recent traumatic
event in the
associated home
or adjacent area is
causing the
applicant
significant mental
distress
Details of the
traumatic event
and appropriate
health professional
confirming the
significant mental
distress caused
General Health
Housing Need
Current
Housing
Circumstances
Verification
Source
Applicant or
member of
household has
severely lifestyle
restricting or
terminal illness,
e.g. AIDS, Cancer,
MS
Where a Specialist
has stated or GP
confirms that
applicant’s current
home increases
the severity of the
illness or has
adverse impact on
their lifestyle
A person’s general
lifestyle is
adversely affected
in the home due to
their severely
lifestyle restricting
illness
Specialist (or GP
confirms specialist
report)
Other Information
Priority will only be considered if rehousing is needed to solve or alleviate
the medical condition from their current settled accommodation. Priority
will not be considered where the current accommodation is not regarded
as being settled i.e. living in temporary accommodation or no fixed abode
as the circumstances would be considered under homelessness.
Supporting information must detail how the applicant’s current
accommodation is adversely affecting their medical condition.
Priority will not be awarded for a medical condition, however severe, if the
present housing does not affect the medical condition or their ability to live
there.
4.20 CHILDREN LEAVING THE CARE OF LEICESTER CITY COUNCIL’S
CHILDREN’S SERVICE
Outcome
Updated 23 June 2023
This is to enable priority rehousing for young people leaving the care of
Leicester City Council’s Children’s Services.
Criteria and Evidence Required
A person will be placed in Band One under this criteria where Leicester
City Council’s Children’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.
Other Information
This priority can only be awarded on one occasion to secure independent
living.
4.21 PEOPLE WHO ARE OWED A STATUTORY HOMELESS DUTY UNDER
THE HOUSING ACT 1996 (PART VII) AS AMENDED BY THE
HOMELESSNESS REDUCTION ACT AND MEET ADDITIONAL
CRITERIA
Outcome
This is to enable priority rehousing to certain applicants who are
accepted by the Housing Options Service as being owed one of the
following duties under Part VII of the Housing Act:
Duty to prevent homelessness (s.195)
Duty to relieve homelessness (s.189B(2))
Main homelessness duty (s.193)
Criteria and Evidence Required
1. Duty to prevent homelessness
i. The applicant is an eligible person and
ii. The applicant is threatened with homelessness within 56 days
and
iii. The applicant has a current homeless person’s application and
been assessed under s.189A and
iv. The Authority has accepted a duty to prevent homelessness
under s.195 and
v. The duty has not come to an end for any reason stated in the
act
2. Duty to relieve homelessness
i. The applicant is an eligible person and
ii. The applicant is homeless and
Updated 23 June 2023
iii. The applicant has a local connection with the City of Leicester
and
iv. The applicant has a current homeless person’s application and
been assessed under s.189A and
v. The Authority has accepted a duty to relieve homelessness
under s.189B(2) and
vi. The duty has not come to an end for any reason stated in the
act
3. Main homelessness duty
i. The applicant is an eligible person and
ii. The applicant is homeless 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
and
vi. The Authority’s duty to relieve homelessness under s.189B(2)
has ended and
vii. s.193 has not been disapplied because the applicant refused
a final accommodation offer or a final part VI offer and
viii. The Authority has not given final notice to the applicant under
s.193B(2) on the grounds deliberately and unreasonably
refused to co-operate (see s.189A(4)-(6)) and
ix. The Authority has not sought to refer the case to another local
authority under s.198
In addition to the one of the above duties owed, households must also
meet the following rules:
Household contains dependent child(ren), a pregnant woman,
and/or a vulnerable adult, and,
Household have not worsened their own circumstances, and,
Household has a live Housing Application, and no rent arrears,
and,
Household has exhausted sustainment options and requires a new
accommodation solution.
Other Information
Applicants owed the main homelessness duty can be offered
accommodation either in the private rented sector or through the Housing
Register.
Eligible applicants will be subject to a one offer policy with their application
placed on auto-bid citywide. Refusal of a suitable offer is likely to result in
ceasing of the owed homeless duty, and therefore ineligibility for the
banding.
Updated 23 June 2023
The priority award will be time-limited whilst owed a homeless priority. As
soon as the household’s homeless duty is ceased, eligibility for the award
ceases.
Cases where households do not get an offer of accommodation within the
defined period will result in removal of the band and reversion to the next
highest eligible award.
4.22 TENANTS WHOSE HOMES ARE ASSESSED TO BE STATUTORILY
OR CRITICALLY OVERCROWDED
Outcome
This is to give priority to those tenants living in accommodation where they
have been assessed as being statutorily or critically overcrowded and
have not caused this by a deliberate act.
Criteria and Evidence Required
For Housing Association and Private tenants, statutory overcrowding will
need to be confirmed by a Private Sector Housing Officer.
For Leicester City Council tenants, information will be taken from property
records to determine if the permitted occupancy levels have been
exceeded.
Other Information
In determining the number of bedrooms required where a member of the
tenant’s household is expecting another baby, this will only be taken into
consideration after the baby is born and the birth is registered.
For the purposes of establishing how many current bedrooms a tenant
has the use of, only bedrooms with a minimum of 50 square feet (4.65
square metres) of floor space will be considered as a bedroom.
This priority can also be awarded to families with dependent children living
in critically overcrowded accommodation who are supported by Children’s
Services.
Households living in accommodation where they are not the tenants are
not eligible for this priority.
Where there are children living in the property on a part week
overnight access basis and it is not considered to be their principal
home, they will be omitted for the purposes of statutory overcrowding
assessments.
BAND TWO
Updated 23 June 2023
4.23 PEOPLE WHO ARE OWED A STATUTORY HOMELESS DUTY UNDER
THE HOUSING ACT 1996 (PART VII) AS AMENDED BY THE
HOMELESSNESS REDUCTION ACT
Outcome
This band is to enable rehousing to applicants who are accepted by the
Housing Options Service as being owed one of the following duties
under Part VII of the Housing Act:
Duty to prevent homelessness (s.195)
Duty to relieve homelessness (s.189B(2))
Main homelessness duty (s.193)
Criteria and Evidence Required
4. Duty to prevent homelessness
vi. The applicant is an eligible person and
vii. The applicant is threatened with homelessness within 56 days
and
viii. The applicant has a current homeless person’s application and
been assessed under s.189A and
ix. The Authority has accepted a duty to prevent homelessness
under s.195 and
x. The duty has not come to an end for any reason stated in the
act
5. Duty to relieve homelessness
vii. The applicant is an eligible person and
viii. The applicant is homeless and
ix. The applicant has a local connection with the City of Leicester
and
x. The applicant has a current homeless person’s application and
been assessed under s.189A and
xi. The Authority has accepted a duty to relieve homelessness
under s.189B(2) and
xii. The duty has not come to an end for any reason stated in the
act
6. Main homelessness duty
x. The applicant is an eligible person and
xi. The applicant is homeless and
xii. The applicant is in priority need and
xiii. The applicant did not become homeless intentionally and
xiv. The applicant has a local connection with the City of Leicester
and
xv. The Authority’s duty to relieve homelessness under s.189B(2)
has ended and
Updated 23 June 2023
xvi. s.193 has not been disapplied because the applicant refused
a final accommodation offer or a final part VI offer and
xvii. The Authority has not given final notice to the applicant under
s.193B(2) on the grounds deliberately and unreasonably
refused to co-operate (see s.189A(4)-(6)) and
xviii. The Authority has not sought to refer the case to another local
authority under s.198
Other Information
Applicants owed the main homelessness duty can be offered
accommodation either in the private rented sector or through the Housing
Register.
Applicants owed a duty to prevent or relieve will only retain this priority
whilst said duties are owed and have not been ended by legal notification.
All applicants awarded this priority will only be entitled to one suitable
offer of accommodation.
4.24 TENANTS WHOSE HOMES ARE DEEMED TO BE SEVERELY
OVERCROWDED
Outcome
This is to give priority to those tenants living in accommodation where they
are severely overcrowded. That is tenants 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 tenants require a minimum of two additional bedrooms using the
bedroom standard outlined in section 3.10 against the number of
bedrooms the household currently have exclusive use of.
Other Information
In determining the number of bedrooms required where a member of the
tenant’s household is expecting another baby, this will only be taken into
consideration after the baby is born and the birth is registered.
For the purposes of establishing how many current bedrooms a tenant
has the use of, only bedrooms with a minimum of 50 square feet (4.65
square metres) of floor space will be considered as a bedroom.
Households living in accommodation where they are not the tenants are
not eligible for this priority.
Updated 23 June 2023
4.25 PEOPLE LIVING IN DESIGNATED TEMPORARY ACCOMMODATION
IN THE CITY
Outcome
This is to give priority to people living in designated temporary
accommodation and who met the Leicester City Requirement immediately
prior to entry to the designated accommodation.
Criteria and Evidence Required
1. Confirmation the referral to the designated temporary accommodation
was made by the Housing Options Service and
2. Applicant is not owed a statutory homelessness duty.
Other Information
Designated temporary accommodation is a homeless hostel or short term
temporary supported accommodation commissioned by Leicester City
Council.
Priority will only be awarded to those service users who have been
referred by the Housing Options Service because they meet the Council’s
published criteria for temporary accommodation. The schemes that are
currently funded by Leicester City Council to take referrals are listed in
Appendix 2. If a referral is accepted by another suitable temporary
accommodation provider, then priority can be awarded to that individual.
Victims of domestic abuse that have fled to a refuge or other designated
temporary accommodation schemes in the city from another local
authority area can be given this priority.
Applicants who have been made an offer of accommodation but then
leave their temporary accommodation can retain their offer if they have
moved to other insecure accommodation. If they decline the offer or the
offer is withdrawn their priority will be re-assessed from their new
accommodation.
4.26 FAMILIES WITH CHILDREN AGED 3 YEARS AND OVER WHO ARE
OVERCROWDED AND LIVING IN ONE BEDROOM
ACCOMMODATION
Outcome
This is to give priority to families with dependent children aged 3 years or
over living with them on a full time basis who are currently living in one
bedroom accommodation and need an additional bedroom to address this
situation.
Criteria and Evidence Required
Updated 23 June 2023
Information will be taken from the housing application form to establish
which households require an additional bedroom using the bedroom
standard outlined in section 3.10 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 after the
baby is born and the birth is registered.
This priority can also be given where there are two or more dependent
children living in the accommodation regardless of their age.
This priority is not available to households who are not tenants or only
have part week overnight access of their children.
4.27 COUNCIL AND HOUSING ASSOCIATION TENANTS WHO ARE
CURRENTLY UNDER-OCCUPYING A THREE OR MORE BEDROOM
PROPERTY BY ONE BEDROOM
Outcome
This is to enable priority rehousing for social tenants who are currently
under-occupying a three or more bedroom property by one bedroom to
move to a more suitable home.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which social tenants are under-occupying their current homes.
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.
HomeCome tenants are also eligible for this priority as their homes are
managed by Leicester City Council.
4.28 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 live
independently. This is supported by Leicester City Council’s Adult Social
Care and/or the NHS.
Updated 23 June 2023
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.
4.29 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.
4.30 PEOPLE WHOSE CURRENT HOUSING CONDITIONS ARE HAVING A
NEGATIVE EFFECT 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 effect on their physical or mental health, to enable them to live in
more appropriate accommodation.
Criteria and Evidence Required
Assessment of circumstances and the verification source required will be
done using the criteria listed below:
Access &
Mobility
Housing Need
Current
Housing
Circumstances
Verification
Source
Applicant or
member of
household has a
housing need
linked to a
disability or
medical condition,
which means the
present housing is
hazardous or
Where an
Occupational
Therapist has said
the applicant
requires either:
1. Fully wheelchair
accessible home
The current
accommodation is
partially suitable for
their needs as can
access the
bedroom,
bathroom or toilet
but not all the
facilities
Leicester City
Council’s
Occupational
Therapist
Updated 23 June 2023
extremely difficult
to cope with
2. Fully accessible
home with a level
access shower
3. Fully accessible
home on the
ground floor or
accessible by a lift
4. Accessible toilet
on both the ground
floor and upper
floor in a multi
storey home
There is currently
only one toilet in
their multi storey
home
5. Accessible
home with only one
flight of internal
stairs
The current home
is over two floors
and only
accessible by
external/communal
stairs
Mental Health
Housing Need
Current
Housing
Circumstances
Verification
Source
Applicant or
member of
household has a
mental health
condition
Where a
Consultant
Psychiatrist or a
CPN has stated
the current home is
having a significant
detrimental impact
on your mental
health
The current home
is adversely
impacting on the
person’s mental
health
Consultant
Psychiatrist /
Mental Health
Specialist
General Health
Housing Need
Current
Housing
Circumstances
Verification
Source
Updated 23 June 2023
Applicant or
member of
household has a
chronic illness
such as severe
asthma,
emphysema or
severe eczema.
Where a Specialist
has indicated that
the condition of the
home and
immediate
environment is
affecting health
subject to
confirmation by an
Environmental
Health Officer
(EHO)
The condition of
the current home is
impacting on the
person’s health
1. Specialist
2. Leicester City
Council’s EHO
Additional
Bedrooms
Housing Need
Current
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 a Specialist
has indicated that
there is insufficient
space for
essential/life
sustaining
equipment
The current home
has insufficient
space for storage
of essential/life
sustaining
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
The current home
has insufficient
number of
bedrooms for an
overnight carer
Leicester City
Council’s
Community Care
Assessment (Adult
or Children
Services)
Updated 23 June 2023
Applicants or
member of
household who
have severe
behavioural
problems
Where a Specialist
has confirmed a
separate bedroom
is required to
remedy severe
behaviour
problems
The current home
has insufficient
number of
bedrooms for
someone who
requires their own
bedroom
Specialist
Applicants who are
unable to share a
bedroom due to a
chronic medical
condition
Where a Specialist
has confirmed a
separate bedroom
is required due to a
chronic medical
condition
The current home
has insufficient
number of
bedrooms for
someone who
requires their own
bedroom
Specialist
Other Information
Priority will only be considered if rehousing is needed to solve or alleviate
the medical condition from their current settled accommodation. Priority
will not be considered where the current accommodation is not regarded
as being settled i.e. living in temporary accommodation or no fixed abode
as the circumstances would be considered under homelessness.
.
Supporting information must detail how the applicant’s current
accommodation is adversely affecting their medical condition.
Priority will not be awarded for a medical condition, however severe, if the
present housing does not affect the medical condition or their ability to live
there.
4.31 PEOPLE WHO HAVE BEEN ASSESSED AS LIVING IN INSANITARY
OR UNSATISFACTORY ACCOMMODATION
Outcome
This is to give priority to people who have been assessed as living in
insanitary or unsatisfactory accommodation to help them move into
suitable accommodation.
Criteria and Evidence Required
Confirmation by a Leicester City Council Environmental Health Officer
(EHO) that the accommodation has been assessed as being insanitary or
unsatisfactory accommodation for habitation.
4.32 PEOPLE LEAVING THE ARMED FORCES WHO HAVE APPLIED FOR
HOUSING WITHIN 5 YEARS OF THEIR DISCHARGE BUT DO NOT
HAVE A HOME TO RETURN TO
Updated 23 June 2023
Outcome
This is to give priority to people who have applied for housing within 5
years of their discharge from the armed forces who do not have a home
to return to.
Criteria and Evidence Required
All cases will be assessed and approved by officers at Housing Options
Service.
Persons leaving the armed forces will only be considered under this
priority if they make an application for housing within 5 years of their
discharge from the service and do not have a home to return to.
BAND THREE
4.33 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.
4.34 PEOPLE 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 people needing to move to a particular area within
the city of Leicester to give or receive physical or emotional care and
support.
Criteria and Evidence Required
Supporting information from health professionals or close family
confirming the need of the applicant to give or receive physical or
emotional care and support and the current home is too far away from the
support.
Other Information
Updated 23 June 2023
Applicants will only be able to apply for properties within the allocation
area where they will give or receive care and support.
4.35 TENANTS 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 tenants who are overcrowded and who need one
additional bedroom to meet their needs.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which tenants require one additional bedroom using the bedroom
standard outlined in section 3.10 against the number of bedrooms the
household currently have exclusive use of.
Other Information
In determining the number of bedrooms required where the tenant’s
household is expecting another baby this will only be taken into
consideration after the baby is born and the birth is registered.
For the purposes of establishing how many current bedrooms a tenant
has the use of, only bedrooms with a minimum of 50 square feet (4.65
square metres) of floor space will be considered as a bedroom.
4.36 NON-TENANTS WHO ARE LIVING IN OVERCROWDED CONDITIONS
Outcome
This is to give priority to non-tenants who are overcrowded and need 1 or
more additional bedroom(s) to meet their needs.
Criteria and Evidence Required
Information will be taken from the housing application form to establish
which non-tenants require additional bedrooms using the bedroom
sharing rules outlined in section 3.10 against the number of bedrooms the
non-tenant’s household currently have exclusive use of.
Other Information
In determining the number of bedrooms required where the non-tenant’s
household is expecting another baby this will only be taken into
consideration after the baby is born and the birth is registered.
Updated 23 June 2023
For the purposes of establishing how many current bedrooms a household
has the use of, only bedrooms with a minimum of 50 square feet (4.65
square metres) of floor space will be considered as a bedroom.
This priority will also be given to people living in hostels, not commissioned
by Leicester City Council hostels, who were not referred by the Housing
Options Service and people who are living in accommodation as unlawful
occupiers.
4.37 PEOPLE OVER THE AGE OF 50 YEARS WHO WISH TO BE
CONSIDERED FOR 1 BEDROOM SHELTERED ACCOMMODATION
ONLY
Outcome
This is to give priority to people over the age of 50 years who wish to live
in 1 bedroom sheltered accommodation.
Criteria and Evidence Required
Applicants who do not qualify for any of the other priorities in Bands 1 - 3
can request this priority if they are over the age of 50 years and only wish
to be considered for 1 bedroom sheltered accommodation.
Other Information
Applicants will only be able to apply for 1 bedroom sheltered
accommodation.
Existing tenants of sheltered accommodation do not qualify for this
priority.
4.38 WORKING HOUSEHOLDS OR THOSE IN LOCAL TRAINING
SCHEMES WHO NEED TO MOVE CLOSER TO THEIR JOB/TRAINING
SCHEME
Outcome
This is to give priority to working households or those in local training
schemes who need to move closer to their workplace or training scheme.
This also includes council and housing association tenants who need to
move for work related reasons.
Criteria and Evidence Required
Confirmation of the employment/training and place of work will be required
from the employer/training scheme.
Other Information
Updated 23 June 2023
Applicants will only be able to apply for properties within the allocation
area where their workplace or local training scheme is located.
Updated 23 June 2023
PART 5 ALLOCATION CRITERIA
5.1 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.
5.1.1 Applicants are restricted to bidding for accommodation that meet their
assessed needs in terms of size, type, and other factors.
5.1.2 Applicants with identified need for adapted accommodation can only bid
for properties that meet those requirements.
5.1.3 At the discretion of an appropriate senior officer, bidding rules may be
modified if they are satisfied that this would result in exceptional
unfairness or unlawful discrimination, balancing the circumstances of the
applicant and their time on the housing register against the overall housing
allocation scheme and the available resources of the Council. In such
cases, the Council will work with the applicant to assist in trying to make
any non-adapted accommodation in respect of which they successfully
bid suitably adapted within a realistic timescale.
Property Types
5.2 The eligibility criteria for property types will vary according to the size
and type of property.
5.3 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,
fulltime basis. Exceptions can be made, for example where children are
on university courses and live away during term time.
5.4 2 and 3 Bedroom Flats
These are also classed as family accommodation; however, they can be
allocated to applicants who do not have children living with them on a full
time basis.
5.5 Bedsits and 1 Bedroom Flats
Bedsits are deemed suitable for single people whilst 1 bedroom flats are
suitable for childless couples and single people.
5.6 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.
Updated 23 June 2023
All other eligible people would be considered in the second instance.
5.7 Sheltered Accommodation
These 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.
5.8 1 Bedroom Bungalows
In all areas, allocations will be considered in the following order:
1. People 40 years and over in Band 1
2. People 60 years and over in Bands 2-3
3. People 50 years and over in Bands 2-3
4. People 40 years and over in Bands 2-3
The minimum age criteria will be 40 years.
5.9 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.
5.10 Adapted Accommodation
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.
5.11 Age Designated Accommodation
Certain properties, in addition to all general needs 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 in Bands
1 - 3 the age band will be reduced by 10 year age bands until a suitable
person is identified.
Pet Restrictions
5.12 There are some properties let by Leicester City Council that have special
restrictions that are incorporated within the conditions of tenancy.
5.13 Tenants of certain accommodation are not permitted to keep on the
premises any large pets, including cats and dogs.
Updated 23 June 2023
5.14 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 Close Flats
Bewcastle Grove Flats
Updated 23 June 2023
PART 6 SUSPENSIONS, CANCELLATIONS & REVIEWS
Suspensions
6.1 Applicants who qualify to appear on the register but where their behaviour
or circumstances warrant their application to be suspended, will not be
able to bid for any accommodation. However, the scheme intends that a
suspension still grants a reasonable preference within a given band.
Applicants can be suspended for the following reasons:
Have property-related debts (with some exceptions see 6.2)
Refused three offers of accommodation (no offer will be made
for a period of one year from the date of the last offer, see 6.14)
Failed a property inspection (LCC tenants only, see 6.16)
In prison or a detention centre (where custodial sentences are 6
months or less)
Serving in HM forces and living in HM forces housing and have
not been given notice to leave your service accommodation
Rent Arrears
6.2 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
*
.
6.3 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.
6.4 Council tax debt, Housing Benefit overpayments (including any
associated court costs) and any other debt that is not property related will
not be considered under this policy. This also includes any property
related debts owing that are covered by a bankruptcy order.
Rehousing with Rent Arrears
6.5 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.
6.6 The criteria for being considered for re-housing with arrears will differ
depending on an applicant’s level of housing need.
*
Arrears from former tenancies with private landlords will only be considered for the past 2
years
Arrears from former tenancies with council or housing associations will only be considered for
the past 6 years
Updated 23 June 2023
6.7 Band 1 Applicants
Applicants in Band 1 will not be subject to the rehousing with rent arrears
policy.
Although any rent arrears will not be considered for the purposes of
rehousing it is expected, where there are arrears, an agreement is made
to reduce/clear the arrears.
6.8 Band 2 and 3 Applicants
Applicants in Bands 2 and 3 will be required to have a clear rent account
for any current tenancy at the point of offer/sign up for alternative
accommodation.
The exception to this will be Statutory Homeless applicants who are owed
the main duty or social tenants who are benefit dependent and are
adversely affected by the bedroom tax. 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 accommodation can be
made.
Former Rent Arrears
Applicants who have held their current tenancy for 12 months or
more
6.9 For the purposes of rehousing former rent arrears will be disregarded
where the applicant is a current tenant and has held that tenancy for 12
months or more. 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 accommodation can be made.
Applicants who have not held their current tenancy for 12 months or
more
6.10 Applicants who have not held their current tenancy for more than 12
months or do not hold a current tenancy and have former rent arrears will
be suspended on the Housing Register. The suspension will only be lifted
once confirmation has been received the former rent arrears have been
cleared.
Exceptional Circumstances
6.11 In exceptional circumstances the suspension of an application due to rent
arrears may be relaxed.
Updated 23 June 2023
6.12 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.
6.13 The decision to re-house an applicant with rent arrears must be approved
by the Head of Service, Housing Services.
3 Offer Policy
6.14 With some exceptions 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).
6.15 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.
Property Condition (LCC Tenants Only)
6.16 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.
6.17 All offers of accommodation to LCC tenants are subject to their current
home meeting acceptable standards as verified by a Voids Officer.
6.18 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.
Cancelled Applications
6.19 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
The applicant has been housed through the Housing Register
The applicant becomes ineligible for housing
A transfer applicant has terminated their tenancy
The applicant has moved through a mutual exchange
The applicant has given false or misleading information
The applicant no longer qualifies for an allocation of housing
Updated 23 June 2023
The applicant has not bid or made any contact with the Housing
Options Service for the past 6 months
6.20 Applications that have been cancelled can be reinstated up to 6 months
after the date of cancellation if they are still a ‘qualifying person’ and their
circumstances have remained the same. Applicants will need to reapply
with a fresh application after this period.
Review of Applications
6.21 All applicants on the Housing Register will have their applications
reviewed after 6 months.
Right of Review
6.22 All applicants have the right to ask for a review of a decision, if they
consider they have been unfairly or unreasonably treated through the
provisions of this Allocations Policy. This includes decisions:
about the facts of the case
that the person is ineligible for an allocation of accommodation, or
they are not a qualifying person
6.23 Unless differently prescribed by legislation, government executive order
or court ruling, any request for a review should be made by the applicant
or their representative within 21 days of the date of the letter advising of
the decision.
6.24 The request for the review must be in writing, giving details why they
disagree with the decision and provide any relevant information to be
considered as part of the review process.
6.25 A more senior officer to the officer who made the initial decision will
conduct the review.
6.26 The aim is to investigate and provide an outcome for each appeal or
review within 56 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.
There is no further right to request a review of this decision unless the
customer‘s circumstances change.
Updated 23 June 2023
PART 7 LEICESTER HOMECHOICE
7.1 Leicester City Council’s housing stock is allocated under a choice based
lettings scheme called Leicester HomeChoice. The scheme is a
partnership between Leicester City Council and member Housing
Associations.
7.2 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.
7.3 Applicants must bid for properties they wish to be considered for and
are eligible for.
7.4 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.
7.5 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 that meets
the eligibility criteria. 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.
7.6 In exceptional circumstances the highest bidder may be overlooked for an
offer of accommodation or an offer withdrawn where the Council decides
it would be in the interests of the existing community in the area or in the
good management of its housing stock to do so.
7.7 All applicants will be subject to eligibility checks and verification of their
current circumstances at the time of offer. Should the checks fail then this
may lead to them being removed from the Housing Register or suspended
from bidding, depending on the circumstances.
Direct Lets
7.8 Where there are exceptional circumstances, overriding management or
strategic requirements the council may choose to make an offer of
accommodation outside of the CBL scheme by way of a direct let. A direct
offer of accommodation is also an allocation for the purposes of this
Policy.
Examples of Direct Lets are as follows: (The list is intended to be
illustrative and in no way prescribed or definitive)
Updated 23 June 2023
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 Leicester City Council is obliged by a court order to provide
accommodation
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. This can include where there are
exceptional circumstances that merit priority rehousing associated
with cases experiencing homelessness or threatened with
homelessness
Where an allocation is required to meet a Local Lettings Policy
objective
Local Lettings Policies
7.9 In certain circumstances the Council may develop a Local Lettings Policy.
These help the Council to address any issues or challenges within a
neighbourhood and help to ensure that communities are mixed and
sustainable. Local Lettings Policies can be used to help achieve a variety
of housing management or policy objectives.
Examples of Local Lettings Policies are: (The list is intended to be
illustrative and in no way prescribed or definitive)
Where there is a high risk of a local community becoming unstable
Where all other housing management tools to deal with unsettled
communities or significant antisocial behaviour have been tried and
failed
In a new or redeveloped area, where a more targeted approach to
lettings is required to support the success of new tenancies
Where a strategic objective has been agreed to meet the needs of
a specific group of people
7.10 Local Lettings Policies will be evidence based and formulated following
consultation. They will be time limited and reviewed in a timely manner.
All properties that are subject to a Local Lettings Policy will be clearly
labelled as such when they are advertised on Leicester HomeChoice.
Updated 23 June 2023
APPENDIX 1
AGE DESIGNATED FLATS
All one bedroom flats/bedsits in the areas below will be allocated to people
60 years and over in the first instance in Bands 1 3 and if there is no
demand reducing by 10 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 SouthGoldhill
St Andrews
St Leonards Court
100 Welford Road
St Mark’s
St Mark’s Estate Flats
West End
Kate Street Flats
Updated 23 June 2023
APPENDIX 2
DESIGNATED TEMPORARY ACCOMMODATION SCHEMES
The following are designated temporary accommodation schemes
commissioned by Leicester City Council as at 1st April 2022.
The list will be updated to reflect changes in the projects funded by the city
council.
Leicester City Council Schemes
Border House
Dawn Centre
Oronsay Road
Iona Close
Thorpe House
Shared Housing Schemes
Action Homeless
Mayfield House
Jarvis
Hollies
Bonchurch Street
Glenfield Road
Adulam Homes
Norman House
Home Group
Bradgate House
Leicester YMCA
East Street
Aylestone Centre
Stonham Housing
Unity House
UAVA
Brooks House