Housing Allocations Policy

Suspension of Housing Applications

Introduction

This section of the Allocations Policy will outline the suspension criteria for housing application. This section will also detail how long suspensions will last depending on the reason for the suspension, how often suspended applications will be reviewed, and how applicants will be notified of suspended applications. South Ayrshire Council is committed to ensuring that no applicant is suspended from receiving an offer of housing without good cause and without reference to the South Ayrshire Council Allocations Policy and legislative framework.

Legal Framework

Section 19(1) of the 1987 Act, (as amended by section 9 of the 2001 Act) sets out the entitlement for anyone aged 16 or over to be admitted to a housing list. This is only the beginning of the process. The applicant’s need and eligibility for housing are then assessed in accordance with the legislative framework and the South Ayrshire Council Allocations Policy. the right to be admitted to the housing list is not the same as the right to be allocated a house. Therefore in certain circumstances, applications will be added to the list and housing need registered, however they will be suspended from receiving offers if they do not meet the eligibility criteria defined in the Allocations Policy.

In terms of the Allocations Policy, applications will be suspended from offers under two broad categories. Firstly in circumstances where eligibility for re-housing has not been met in terms of the Allocations Policy and secondly where suspension has been requested by the applicant.

Suspensions and Non Eligibility

Section 'Waiting Lists' of this policy refers to eligibility criteria for applicants. If an applicant does not meet any of the criteria specified in 'The Transfer List', the application will be added to the housing list but will be suspended from offers. There are a number of circumstances detailed in this section where applicants will not be eligible for re-housing in terms of the Allocations Policy but which require further clarification. These criteria are as follows:

Aids and adaptations have been carried out to an existing SAC tenancy worth more than £2500.
Outstanding tenancy related debt.
Previous history of Anti-social Behaviour
Unsatisfactory tenancy references
Failed transfer inspection
Applicant has refused fourth offer of housing

The following section will aim to clarify each of the criteria above, determine if the application will be suspended from offers, and, if so, detail the time period for suspension and when the suspension will be reviewed.

Adaptations to Existing Accommodation
A transfer applicant who has had aids or adaptations carried out on their existing property costing £2500 or more can register their housing need, however the application will be suspended from offers. The suspension will be reviewed annually, and if there is any significant change in circumstances, the suspension can be lifted and the application considered for offers. The initial review date will be one year from when the application is received

Suspensions and Outstanding Tenancy Related Debt
As per 'Transfer Applications' section of the Policy, for a transfer applicant or former tenant who owes an outstanding tenancy related debt to the council, the following suspension criteria will apply:

If the arrear outstanding is less than one twelfth of the annual rent payable then the application will not be suspended.

If there is no repayment arrangement in place when the application is submitted, an arrangement should be made to repay the outstanding balance and the application will be suspended for 3 months to monitor the arrangement.

If there is an arrangement in place to repay the outstanding balance and it has been workable for 3 months no suspension will be placed on the application.

If there is a workable arrangement in place but it has not been in place for 3 months, the application will be suspended from offers until the date at which it has been in place for 3 months. This date will be entered as the review date.

All repayment arrangements will be monitored. If a repayment arrangement is broken, the applicant will be contacted and requested to resume the repayment arrangement, a suspension will be placed on the application for 3 months. If it is broken for a third time, a suspension will be placed on the application until such times that a repayment arrangement can be made and maintained.

The above suspension procedures will apply to all outstanding tenancy related debt, including rechargeable repairs and court expenses.

Previous History of Anti Social Behaviour
An applicant with a previous history of Anti Social Behaviour will be accepted onto the housing list as per the Housing (Scotland) Act 2001. The decision as to whether the applicant is eligible to receive offers of housing will depend on the individual circumstances of the previous conduct. Confirmation will be sought from the Police and legal services regarding any previous legal measures that have been taken against the applicant. The application will not be suspended from offers unless there is clear evidence of previous Anti Social Behaviour relating to a previous tenancy or community safety. Consideration requires to be given to the nature, frequency and duration of the conduct, the effect the conduct is having or has had on other people and any alternative action taken by the landlord e.g. mediation

Unsatisfactory Tenancy References
When an application is first received, housing staff will request tenancy references for any social housing tenancies that the applicant has held within the last 3 years.

If a tenancy reference is unsatisfactory the application will be assessed taking into account the individual circumstances and previous tenancy conduct. Consideration is required to be given to the nature, frequency and effect the conduct is having or has had on other people and any previous action that has been taken by a previous landlord.

Failed Transfer Inspection
If a transfer applicant’s existing accommodation has failed a transfer inspection and the applicant is unable to bring the property up to standard within 3 days, the application will be suspended from offers for three months to allow the applicant to bring the accommodation up to standard, at which point the property will be re-inspected.

Suspensions and Offers
As per section 'How Many Offers Of Accommodation Will Be Made?' of the Allocations Policy, if a transfer/waiting list applicant refuses a fourth offer of housing, their application will be suspended from offers for one year.

Agreed Suspensions

An applicant can request their application be suspended from offers, for personal reasons, at any time. Once notification has been received that the applicant has agreed the suspension, an initial review date will be agreed with the applicant at this time. A confirmation letter will be sent to the applicant detailing the period of suspension, the reason for the suspension and the agreed review date.

Suspensions and Waiting Time Points

All suspended applications will continue to be awarded waiting time points. Waiting time points will be awarded irrespective of the reason for the suspension or the time period of suspension.

Management of Suspensions

South Ayrshire Council will actively manage all suspended applications. All suspended applications will be reviewed on an annual basis.

Notifying the Applicant

South Ayrshire Council will ensure that applicants are notified, in writing, when an application is suspended. Applicants will also be informed at this time, of the reasons for the suspension, how long the suspension will last for, and the review date for the suspension. Suspension letters will also include details of the appeals procedure, should an applicant not be satisfied with the suspension reason provided.

Monitoring and Evaluation

It is important that all suspended applications are monitored regularly to ensure that they are being suspended with reference to this policy and the guidance framework.

South Ayrshire Council will monitor suspended applications on a quarterly basis and record the performance outcomes.