Housing Allocations Policy

Allocations Outwith The Three Lists

KEY WORKER APPLICATIONS

Applications for housing a key worker will be determined by the Divisional Housing Manager. South Ayrshire Council employees are not included in this policy. Applications will be assessed against the undernoted criteria:

the employer has advertised the post locally and no suitable or qualified applicant has been found before the employer places an advert in the national press.
the applicant permanently resides outwith a 30 mile radius from the place of employment
the applicant's journey to the place of employment must be by public transport and take more than one hour.
the post is a permanent position.
The applicant shall have taken up the employment in South Ayrshire no earlier than 3 months before the date of application. If the applicant has not taken up the employment, the employer shall confirm that a written offer of employment has been made.

Applicants falling into this category will be awarded a priority housing status (KEY). The registration date for the KEY status will be the date that the application is assessed as a KEY, even where the applicant has a current housing application with an earlier registration date. The applicant's position on the waiting list relative to other applicants with a priority status (PMED, PRIS, CCC and IC) will be determined by the date of their KEY registration. Offers will be made in strict date order.

Applicants under this category will be made one suitable offer of housing. An applicant who refuses an offer will lose his/her KEY status and revert to a general application for selection under normal rotation.

An applicant who is awarded a KEY status may choose any number of letting districts but will be held for all neighbourhoods, house and heating types in their chosen districts, unless there is a valid reason for not doing so.

INDIVIDUAL CASE: REFERRAL TO THE CONVENER AND VICE CONVENER'S SUB COMMITTEE

The Head of Regeneration and Housing will determine any application for an individual case to be referred to the Convener and Vice-Convener’s Sub-Committee within five working days of receiving the application.

Applications may come from

The applicant or his/her representative
Divisional Housing Manager
Head of Social Work or Social Justice
Elected member

The Head of Regeneration and Housing may refer an individual case to the Convener and Vice-Convener’s Sub-Committee where one of the following criteria is satisfied:

The applicant’s circumstances are not covered by the Council’s Allocations or Homeless Policy.

The applicant’s circumstances are covered by the Council’s Allocations or Homeless Policy but there are exceptional reasons for referral as an individual case.

Exceptional reasons cannot be exhaustively defined but may include applicants who:

Are victims of harassment (as defined in S8 of the Protection from Harassment Act 1997 as causing a person alarm or distress, or

Are victims of discrimination or harassment on the grounds of race, personal or religious beliefs or sexual orientation.

Applicants who are awarded an Individual Case status (IC) will receive priority for immediate housing to suitable accommodation on the waiting list. The registration date for the IC application will be the date on which the committee decision is made, even where the applicant has a current housing application with an earlier registration date. The applicant's position on the waiting list relative to other applicants with a priority status (PMED, PRIS, CCC and KEY) will be determined by the date of their IC registration. Offers will be made in strict date order.
Applicants under this category will be made one suitable offer of housing. An applicant who refuses an offer will lose his/her IC status and revert to a general application for selection under normal rotation.

An applicant who is awarded an IC status may choose any number of letting districts but will be held for all neighbourhoods, house and heating types in their chosen districts, unless there is a valid reason for not doing so.

SUCCESSION TO A SECURE TENANCY

Definition and Legal Background

Succession to a secure tenancy arises when the tenant dies and the tenancy is passed on to a member of his/her household who is a qualified person in accordance with Part II, Section 22 of the Housing (Scotland) Act 2001 (the Act).

Making the Decision

When the Council is informed of the death of a tenant, and a member of the tenant's household requests that he/she wishes to succeed to the tenancy, he/she shall confirm the request in writing by completing the official form available from any Area Office.

Who is a Qualified Person?

A person is said to qualify if:

At the time of the tenant's death, he/she was the tenant's spouse, or
At the time of the tenant's death, he/she was living with the tenant as husband and wife or in a relationship which had the characteristics of the relationship between husband and wife except that the persons are of the same sex, (the house must have been the person's only or principal home throughout the period of 6 months ending with the tenant's death), or
They are, where the tenancy was held jointly by two or more individuals, a surviving tenant, or
He/she is a member of the tenant's family aged at least 16 years where the house was the person's only or principal home at the time of the tenant's death, or

They are a carer providing, or who has provided, care for the tenant or a member of the tenant's family where:-

The carer is aged at least 16 years,
The house was the carer's only or principal home at the time of the tenant's death, and
The carer had a previous only or principal home which was given up.

What Evidence Does the Council Need

The Council shall make any enquiries it considers necessary to verify the information given by the applicant. For example, the applicant may be asked to provide proof of identity by supplying official documents (e.g. birth/marriage certificates etc).

What if There is More Than One Qualified Person

Where there is more than one qualified person, the persons concerned may apply in writing to succeed as joint tenants. Where such qualified persons do not wish to share the tenancy, they have the right to decide among themselves who shall succeed.

Similarly, the qualified person who agrees to relinquish his/her rights to succeed to the tenancy shall also be asked to confirm this decision in writing.

If there is more than one qualified person, and they are unable to reach agreement which of them should succeed to the tenancy (within 28 days of the tenant's death), the Council shall make a decision on who is to be granted the succession. In making such a decision, the Council shall consider carefully the respective needs and circumstances of those involved.

Declining an Offer of Succession

A qualified person who is entitled to succeed to the tenancy but does not wish to do so shall inform the Council in writing within 28 days of the tenant's death.

A qualified person who declines an offer of succession may remain in the house for a maximum period of three months after notifying the Council of their decision. He/she is responsible for paying the rent from the rental period following the tenant's death until they leave the property.