Housing Allocations Policy

Assignation

The law relating to assignation set out in the Part II, Section 32 and schedule 5 of the Housing (Scotland) Act 2001 (the Act)

Applying/Making the Decision

A tenant who wants to assign (pass) his/her tenancy shall apply in writing on the official form available from any Area Office.

The Divisional Housing Manager shall make a decision within 1 month of the date of application. The Area Manager shall give his/her reason(s) for refusing the application.

When Might a Request be Refused?

The Divisional Housing Manager shall not normally give permission to assign his/her tenancy in any of the following circumstances:

Debt to the Council
Where the tenant owes any tenancy related debt to the Council, including: current tenant arrears; rechargeable repairs; replacement fittings; or court costs.

Household Membership
Where the proposed assignee is not a member of tenant's household as defined in Part VII, section 108 of the Housing (Scotland) Act 2001

Occupation of Property (Assignee)
Where the proposed assignee has not been living with the tenant at the property for a continuous period of 6 months or more (spouses and cohabitees excepted).

Occupation of Property (Assignor)
Where the tenant wishes to pass the tenancy to a member of his/her household other than his/her partner but intends to continue living at the property.

Overcrowding
Where assignation would lead to overcrowding, as defined in the section 'Overcrowding'

Excess Number of Bedrooms
Where the proposed assignation would lead to under-occupation, as defined in section 'Under-Occupation' of this Policy. The Area Housing Manger who will take into account the rules set out in 'What size of accommodation can be chosen?'

Right-to-Buy
Where the tenant has applied to purchase his/her property.

Condition of House/Garden
Where the tenant has not maintained his/her house or garden to a satisfactory standard.

Proceedings for Possession
Where a notice under section 14(2) of the Housing (Scotland) Act 2001 has been served on the tenant or an eviction order has been granted.

Anti-Social Behaviour
Where the tenant or a member of his/her household is subject to an investigation of anti-social behaviour.

Decants
South Ayrshire Council tenants who require to move to temporary accommodation to enable remedial works to be carried out in their homes must return to their tenancy on completion of the works.

Lock – Ups
South Ayrshire Council has a number of lock-ups throughout the district, which are available for let to South Ayrshire residents who own a car, motorbike, moped, motor-scooter or small van.

Application forms are available from each of the six area offices and applications on the waiting list are held in date order. Applications will not be accepted from current or former tenants of South Ayrshire Council where they have outstanding rent arrears until all debts are paid in full.

Vacant lock-ups are allocated to applicants who have waited the longest for a lock-up in that area.

Each applicant must provide their registration document for the vehicle that will be kept in the lock-up, one further proof of their principal address and one proof of identification.

Households Displaced Through An Emergency
Any household which is displaced from its accommodation through an emergency will be offered accommodation in accordance with the Council’s statutory responsibilities for homelessness under the Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001

RSL Nominations
Registered Social Landlords in South Ayrshire will from time to time approach South Ayrshire Council for nominations from our waiting lists for vacancies that they have. These nominations are dealt with in line with this policy and nomination agreements which exist between South Ayrshire Council and individual RSL’s.

Specially Adapted Properties
Where a property that has been specially adapted to meet the needs of a disabled person becomes vacant. The Area Manager will try to identify a suitable person from the waiting list before offering it to the normal waiting list.

New South Ayrshire Council Employees
Under section B3 of the Travelling & Disturbance Allowances Scheme, the Head of Regeneration and Housing may provide temporary accommodation for a maximum period of 6 months to new South Ayrshire Council employees who cannot immediately accommodate their family within a reasonable distance of the new place of work.