Housing Allocations Policy

Cancellation of Applications

Cancellation Framework

The current guidance framework surrounding the cancellation of housing applications  dictates that housing applications should only be cancelled in the following circumstances:

• The applicant is now deceased.
• The applicant has requested that their application be cancelled.
• The applicant has repeatedly failed to respond to correspondence.

This is re-emphasised in the South Ayrshire Council Inspection Report, (June 2005).  South Ayrshire Council will not cancel any housing application unless one of the above three criteria can be applied.

Breakdown of Cancellation Criteria

Applicant Deceased
Upon receipt of confirmation that an applicant is now deceased, the application for housing will be automatically cancelled.

If the applicant was a joint applicant, the remaining applicant will be contacted to confirm if they still wish to remain on the housing list. If they do, the deceased applicant will be removed from the application and the application will be reassessed based on the new circumstances. If the joint applicant was added to the application at a later date than the deceased applicant, waiting time points will only be applied from the date the joint applicant was added to the application.

Other household members on the deceased’s application will be contacted to confirm if they wish to submit an application based on their new circumstances. Waiting time points will be applied from when the household members were added to the original application.

Applicant has Requested Cancellation
An applicant can request that their application for housing be cancelled at any time. If the applicant verbally advises that they wish to cancel the application, a cancellation request form will be sent to them for signing and to be returned to the housing office within 7 days. An applicant has a maximum of 28 days following the cancellation to contact the Housing Office and request that the application be reinstated. After this date, a new application form will be required.

Applicant has Failed to Respond to Correspondence
It is the responsibility of the applicant to provide any information that is required in order that their housing application can be updated and assessed accurately. If the applicant does not respond to the first standard letter requesting such information, a reminder letter will be issued after 14 days. If there is no response within a further 14 days a recorded delivery letter will be issued to the applicant confirming that their application has been cancelled due to failure to respond to correspondence. The following criteria are examples of situations where applicants must supply/return information:

The applicant has had a change in circumstances that affects their application for housing.

• Where an applicant has been housed by means other than the South Ayrshire Council housing list, any remaining application for housing with South Ayrshire Council will not be automatically cancelled. For example, if an applicant has mutual exchanged, or has accepted an offer of housing from a Registered Social Landlord, which was not the result of a nomination by South Ayrshire Council or section five referral, a form will be issued to the applicant requesting updated information to allow their application to be reassessed based on their new circumstances.  The procedure for requesting this information will follow the procedures outlined in section 'Notifying Applicants' of this policy.

• If an applicant is housed by another Registered Social Landlord,  as a result of their South Ayrshire Council Housing Application, their application with South Ayrshire Council will be concluded and the status changed to housed.

• If a transfer applicant exercises their Right to Buy, their current transfer application will be concluded. At this time, a form will be issued to the applicant requesting updated details and asking the applicant to confirm if they wish their application to be reassessed and added to the waiting list. In this instance, the application will be given the original transfer application registration date.

• If an applicant has been housed under Homeless legislation, South Ayrshire Council will have fulfilled their duty to provide housing. In this case both the applicant’s homeless and housing application will be concluded and the status changed to housed, (except in the case of Short Scottish Secure tenancies)

An Applicant has Failed to Return the Annual Review Form
It is important that the Council reviews housing applications on a regular basis to ensure applicants are given an opportunity to report changes in their circumstances. This enable accurate and up to date information to be held regarding each applicant. A review form will be sent to every applicant on the anniversary of the date the application was first processed. If this form is not returned within 14 days a reminder letter will be issued. If there is no response within a further 14 days a recorded delivery letter will be sent confirming that the application has been cancelled, the date of cancellation and the reason for the cancellation.

Notifying Applicants

South Ayrshire Council will notify all applicants, in writing, when an application has been cancelled. Applicants will also be advised in writing of the reasons for the cancellation, the date of cancellation and how applicants can appeal against the cancellation decision.

For sensitivity reasons no automatic cancellation letter will be issued to the household of a deceased applicant.

If applicants have vacated existing accommodation and have not supplied a forwarding address, the council will write to the applicant at the last known address.

The Application Form

The Council will cancel an application where an applicant knowingly or recklessly gives false information.

The Council will withdraw an offer of accommodation where an applicant knowingly or recklessly gives false information to secure the tenancy.

The Council will take action to recover possession of a property where an applicant knowingly or recklessly gives false information to secure the tenancy.