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Housing Allocations Policy

Applicants in Tied Accommodation and H.M. Forces

Applicants Living In Tied Accommodation

For applicants occupying accommodation in South Ayrshire as a proven condition of their employment, their application will be reviewed, and made live on receipt of written confirmation from their employer that they will be required to leave the tied accommodation by a specified date.

Waiting time points will be awarded from the date the applicant took up occupancy of the tied accommodation at the rate of 4 points per complete year. If the applicant had a current application for housing on entering tied accommodation, waiting points will be awarded from the date of this application.

Points will also be awarded for housing need as detailed in section ‘How points are awarded’. Where an applicant indicates that they are living in unsatisfactory housing condition they will require written confirmation from their employer.

Waiting points in respect of previous tied tenancies in South Ayrshire will only be taken into account if residence in tied accommodation has been continuous.

If an applicant does not receive a suitable offer of housing prior to the date they are due to leave employer’s accommodation, they will continue to be eligible to receive offers of housing provided they have not secured alternative accommodation which they have a legal right to occupy, and the application has not been suspended for any reason.

Tied applicants who own, or have a legal right to occupy accommodation other than the tied accommodation, will be treated as normal housing list applicants, and their circumstances will be assessed as if they were living in that accommodation. Waiting time points will be awarded from the date of application.

For example, suitable and adequate accommodation includes, but is not restricted to:

(i) An assured tenancy
(ii) A secure tenancy with another local authority
(iii) A property owned by the applicant and/or his/her partner

The rules in this section will also apply to a surviving partner who confirms that he/she has to leave tied accommodation because of a partner’s death.

Where an applicant provides written confirmation that they have split from their spouse/partner, their spouse/partner may apply to be housed on a separate housing application. They will be entitled to receive waiting time points from the date they were registered on the original application as a spouse/partner, and their circumstances will be assessed on the accommodation in which they currently reside.
If an applicant moves outwith South Ayrshire, his/her application will be assessed in accordance with the criteria set out in section ‘Waiting Lists’.

If an applicant did not have an application for housing while occupying tied accommodation, and has now left tied accommodation, and has not secured accommodation which they have a legal right to occupy, they may apply retrospectively. Waiting time points will be awarded back to the date they entered tied accommodation, on receipt of written confirmation from their previous employer. This request must be made within 12 months of the date the applicant left tied accommodation.

H.M. Forces applications

Applications from applicants serving in HM forces will be reviewed, and made live on receipt of written confirmation received from their Commanding Officer that they will be required to leave the forces by a specified date.

Waiting time points will be awarded from the date the applicant entered H.M. Forces at the rate of 4 points per complete year. If the applicant had a current application for housing on entering H.M. Forces, waiting points will be awarded from the date of this application.

Applicants who own, or have a legal right to occupy other accommodation will be treated as normal housing list applicants, and their circumstances will be assessed as if they were living in that accommodation. Waiting
time points will be awarded from the date of application.

Points will also be awarded for housing need as detailed in section ‘How points are awarded’. Where an applicant indicates that they are living in unsatisfactory housing condition they will require written confirmation from their Commanding Officer.

If an applicant does not receive a suitable offer of housing prior to the date they are due to leave H.M. Forces, they will continue to be eligible to receive offers of housing, provided they have not secured alternative accommodation which they have a legal right to occupy, and the application has not been suspended for any reason.

The rules in this section will also apply to a surviving partner who confirms that he/she has to leave forces accommodation because of a partner’s death.

Where an applicant provides written confirmation that they have split from their spouse/partner, their spouse/partner may apply to be housed on a separate housing application. They will be entitled to receive waiting time points from the date they were registered on the original application as a spouse/partner, and their circumstances will be assessed on the accommodation in which they currently reside.

If an applicant moves outwith South Ayrshire, his/her application will be assessed in accordance with the criteria set out in section ‘Waiting Lists’.

If an applicant did not have an application for housing while serving in H.M. Forces, and has now left service, and has not secured accommodation which they have a legal right to occupy, they may apply retrospectively. Waiting time points will be awarded back to the date they entered H.M. Forces on receipt of written confirmation from their former Commanding Officer. This request must be made within 12 months of the date the applicant left H.M. Forces.

APPLICANTS DISCHARGED FROM A PRISON

Applicants who are in prison may apply for housing providing that their only or principal home was in South Ayrshire immediately prior to their imprisonment or otherwise fulfil one of the criteria set out in 'Who is Eligible'

Applications will be made live when confirmation of the applicant’s expected release date is received and will be treated as a normal housing application. When the applicant is released, the application will be assessed on their housing circumstances at that time.

No points will be awarded for housing need (e.g. overcrowding or sharing facilities) during an applicant’s stay in prison. Points will be awarded according to the applicant’s circumstances on his/her discharge.

The Council will not take legal action against a tenant unable to occupy their property because they are in prison, provided they are able to return within 13 weeks and adhere to all conditions of tenancy including maintaining a clear rent account. If they are unable to return within 13 weeks, they will be expected to relinquish their tenancy and will be granted a suitable tenancy as soon as possible after their discharge.

Applicants falling into this category will be awarded a priority housing status (PRIS). The registration date for the PRIS application will be the date on which the applicant provides written confirmation of their release date, 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, CCC, KEY and IC) will be determined by the date of their PRIS 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 PRIS status and revert to a general application for selection under normal rotation.

An applicant who is awarded a PRIS 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 .

LIVING IN A CARAVAN, BOAT or BUS

Applicants who occupy a caravan as their principal residence will be awarded 10 points. In addition, they will be assessed for overcrowding, sharing amenities, living in unsatisfactory housing conditions, medical points and waiting time as set out in this policy. Other moveable structures such as boats and converted buses will be assessed on the same basis.

However, applicants who currently occupy a pitch at the Council’s Travelling Person’s site at Girvan will not be entitled to points for lack of amenities as these are provided on site.

For the purpose of assessing overcrowding (see section 'Overcrowding'), the length of caravan shall be used to determine its bedroom capacity:

Length of Caravan Assessed As
35 feet or less One bedroom house
Over 35 feet Two bedroom house

The rules for admission on to the Council's waiting lists set out in 'Who is Eligible' shall apply to applicants living in a caravan.

Applicants shall not be required to occupy a registered site, but may be living on a seasonal site or elsewhere.

Note
If an applicant moves to other accommodation without good reason, and this worsens his/her housing situation, his/her application will continue to be assessed by reference to the previous accommodation for 12 months from the date he/she moved to the other accommodation. The Divisional Housing Manager will determine each application under this criteria.

NO FIXED ABODE

Applicants who have no fixed abode (no permanent address) will be awarded 24 points. Waiting time points will be awarded in accordance with the normal rules applying to housing applications. The Divisional Housing Manager will determine applications under this category.

Notes

If an applicant moves to other accommodation without good reason, and this worsens his/her housing situation, his/her application shall continue to be assessed by reference to the previous accommodation for 12 months from the date he/she moved to the other accommodation.

2. An applicant who has no fixed abode will be required to provide the following:

(i) If employed, a letter from their employer confirming their address for personnel purposes.

If unemployed, written confirmation from the Benefits Agency that their claim address is NFA and what their correspondence address is, and

(ii) A correspondence address, plus a letter from the householder of this address confirming use of the address for correspondence only, and

(iii) One other piece of proof such as doctor’s letter, bank statement, mail redirection or credit card bill.