Renfrewshire Housing Allocation Policy
Renfrewshire Housing Allocation Policy
Mam
 
Renfrewshire
Council
Renfrewshire Council  Housing Allocation Policy  April 2009 
 
Contents 
 
Section  Title  Page 
 
1  Introduction  1 
 
2  Aims  1 
 
3  Legal framework and good practice  1 
 
4  Equal opportunities  2 
 
5  Access to the housing list  2 
 
6  Conditions for selecting and allocating housing  3 
 
  6.1  Group plus priority system  4 
  6.2  Allocation targets  4 
  6.3  The process of allocating a house  5 
  6.4  Eligible house size  5 
  6.5  Separated households  6 
  6.6  Tied cases  6 
  6.7  Definition of groups and priority bands  6 
  6.7.1  Group 1  Statutory homeless  6 
    - unintentionally homeless and in priority need   
  6.7.2  Group 2  Mobility  7 
  6.7.3  Group 3  Housing need  8 
    6.7.3.1  Priority A  critical housing need  8 
    6.7.3.2  Priority B  urgent housing need  10 
    6.7.3.3  Priority C  housing need  11 
  6.7.4  Group 4  Exchanges  12 
  6.7.5  Group 5  General  12 
  6.8  Placing applicants within a group  12 
  6.9  Number of offers to applicants placed within groups  13 
   
 
7  Suspending applications for housing  13 
 
  7.1  Housing-related debt  13 
  7.2  Antisocial behaviour  13 
  7.3  Failure to keep to the conditions of a tenancy agreement  14 
  7.4  Putting an application on hold  14 
 
8  Tenancy agreements  15 
   
  8.1  Scottish secure tenancy  15 
  8.2  Short Scottish secure tenancy  15 
  8.3  Joint tenancy  15  
   
9  Allocations that can be made outside the priority group system  15 
 
9.1  Applicants who have a closing, demolition or other statutory order  
  made against them   15 
  9.2  Sheltered housing  15 
  9.3  Guaranteed rehousing  15 
  9.4  Special lets  16 
  9.5  Management transfers  16 
  9.6  Mutual exchange  16 
 
10  General conditions  17 
 
  10.1  Delegated powers  17 
  10.2  Change in housing circumstances  17 
  10.3  Deliberately making housing circumstances worse  17 
  10.4  False or misleading information  17 
  10.5  Cancelling or removing applications from the list  18 
  10.6  Reviewing applications  18 
  10.7  Allocations to members of the council and housing services staff  18 
  10.8  The role of councillors  19 
  10.9  Data protection  19 
  10.10  Local lettings scheme  19 
  10.11  Choice-based lettings  19 
  10.12  Housing support  19 
 
11  Working with other housing providers  20 
 
  11.1  Nomination agreements            20 
  11.2  Referring homeless applicants to other landlords  20 
        
12  Information and advice  20 
 
13  Customer service pledges and timescales  21 
 
14  Complaints and appeals  21 
 
15  Right to appeal  21 
 
  15.1  Stage 1  21 
  15.2  Stage 2  22 
  15.3  Stage 3  22 
 
16  Monitoring and assessment  22 
 
17  Contact list   24 
 
appendix 1  Below tolerable standard    26 
appendix 2  Statutory definition of overcrowding  27  
appendix 3  Community Care Panel  29 
   
appendix 4  Succeeding to a tenancy  30  
appendix 5  Assigning tenancies  31 
   
appendix 6  Mutual exchange   32  
appendix 7  Joint tenancy  33 
   
 
 
1 
1  Introduction 
 
The allocation policy sets out the rules we follow when allocating people our empty 
houses.  By allocating, we mean the process of selecting people from our housing 
list, offering them a house and, if they accept, signing a tenancy agreement with 
them.  
 
We developed this policy after consulting tenants, residents, representatives of 
community groups and other stakeholders, for example, voluntary groups and 
other council departments.   We have designed the policy to allocate housing to 
people mainly according to housing need. 
 
We will regularly review the policy every three years, or sooner if legislation 
changes, and publish any changes to these rules within six months of the changes 
happening.  We will consult our tenants in line with our tenant participation 
strategy and will take account of the views of people who have applied to us for 
housing. 
 
This policy replaces all previous allocation policies. 
 
You can get a summary of this policy from any of our Customer Service Centres, 
at www.renfrewshire.gov.uk, or by phoning the Customer Contact Centre 0141 
840 3477. 
 
2  Aims  
 
We have designed the policy to follow the law and to meet the following aims. 
 
  Be open, fair and consistent in allocating properties. 
  Make sure we offer people accommodation that meets their needs. 
  Make best use of the available housing. 
  Give people as much choice as possible. 
  Contribute towards helping communities to stay together and promoting 
access to housing to all sections of the community.  
  Meet the conditions of all relevant laws. 
  Meet standards of good practice. 
 
3  Legal framework and good practice 
 
  The allocation policy takes account of the following laws. 
 
  The Housing Scotland Act (1987) as amended 
  The Race Relations Act (1976) and the Race Relations (Amendment) Act 
2000  
  The Sex Discrimination Act 1975 
  The Anti-Social Behaviour Etc (Scotland) Act 2004 
  The Homelessness etc (Scotland) Act 2003 
  Disability Discrimination Act 1995 
  Human Rights Act 1998 
  Data Protection Act 1998 
  Matrimonial Homes (Family Protection) (Scotland) Act 1981 
  NHS and Community Care (Scotland) Act 1990 
 
 
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  Children (Scotland) Act 1995 
  Protection from Harassment Act 1997 
  Civil Partnerships Act 2004 
  The Scotland Act 1988 
 
It also takes account of: 
  performance standards set out by Communities Scotland; 
  guidance issued by the Scottish Executive; and 
  relevant good practice issued by organisations such as the Scottish 
Federation of Housing Associations and the Chartered Institute of Housing. 
 
4  Equal opportunities 
 
We are committed to providing equal opportunities for everyone who applies to us 
for housing and preventing discrimination. We will allocate houses in line with our 
equal opportunities policy and the Housing (Scotland) Act 2001.  We will not 
discriminate against anyone because of their age, sex, marital status, sexuality, 
disability, race, nationality, language or social origin or other personal features 
including beliefs or opinions such as religious beliefs or political opinions.    
 
Please ask us if you would like housing information in different formats and 
languages.  We will be able to help applicants fill in the Housing Application Form 
if necessary, and arrange for an interpreter if an applicant speaks a language 
other than English. 
 
5  Access to the housing list 
 
Access to the housing list is set out by Section 19(1) of the 1987 Act (as amended 
by section 9 of the 2001 Act). Anyone aged 16 years or over is entitled to apply 
and be placed on the list.  However, the right to go on the housing list is not the 
same as the right to be allocated a house.  We will assess and prioritise the 
application according to the rules set out in this policy.    
 
Applicants can apply to be put on the list by filling in a Renfrewshire Council 
Housing Application Form. Applicants can choose up to five main areas in the 
Renfrewshire council area where they would consider housing.  These areas are 
listed on the application form. 
 
Application forms are available from any of our Customer Service Centres, or by 
phoning the councils Customer Contact Centre.  Or, applicants can e-mail, us at 
hps.renfrewshire.gov.uk asking for an application form.  (Please see contact 
details at the end of this document.) 
 
 
 
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6  Conditions for selecting and allocating housing 
 
Under the Housing (Scotland) Act 2001, when allocating housing, we must give 
reasonable preference to applicants who fall into any of the categories listed 
below. 
 
  Are living in below-tolerable standard housing (see appendix 1 for a definition) 
  Are living in overcrowded housing 
  Have large families 
  Live in unsatisfactory housing conditions 
  Are homeless or threatened with homelessness 
   
Also, we will not consider the following factors when allocating housing. 
 
a  How long an applicant has lived in the area. 
b  Any debt relating to a house which the applicant was not a tenant of. 
c  Any rent or other debt the applicant built up on a previous tenancy which has 
now been paid. 
d  Any amount which still needs to be paid where: 
  the amount owed is not more than 
1
/
12
 of the yearly amount due (or which 
was paid) by the applicant to the landlord for the tenancy; or 
  the applicant has an agreement in place with the landlord to repay the 
money, has made payments in line with the arrangement for at least 
three months, and is continuing to make these payments. 
e  Any outstanding debts (including missed Council Tax payments) which do 
not relate to the tenancy of a house. 
f  The age of the applicant, as long as he or she is 16 or over except when 
allocating: 
  houses which have been designed or substantially adapted for a 
particular age group; or 
  houses for people who are, or will be, receiving housing support services 
for people of a particular age group. 
g  The income of the applicant and his or her family. 
h  Whether the applicant or any member of their family owns or has owned a 
property. 
 
 
 
 
 
 
 
 
 
 
 
 
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6.1  Group plus priority system   
 
We run a group plus priority system for allocating housing that aims to make sure 
that we give reasonable priority to the applicants listed below. We will assess 
applicants as falling into one of five groups, and give a priority in that group which 
reflects the level of housing need.  These groups and priorities are listed below. 
   
Group 1 
Homeless 
Group 2 
Mobility 
Group 3 
Housing 
need 
Group 4 
Exchanges 
Group 5 
General 
Statutory 
homeless - 
unintentionally 
homeless, in 
priority need 
Priority A 
Critical mobility 
need 
 
 
Priority A 
Critical housing 
need 
Current 
Renfrewshire 
council tenants 
with no housing 
need 
Applicants with 
no housing 
need 
Priority B 
Urgent mobility 
need 
Priority B 
Urgent housing 
need 
Priority C 
Mobility need 
Priority C 
Housing need 
 
 
6.2  Allocation targets 
 
We will allocate housing according to targets set for each group.  Each group will 
be given a target percentage of overall lettings in the year, based on the profile of 
housing, the waiting list profile, property types and need. The targets are not rigid, 
but rather a figure we will aim to meet. The groups and targets are listed below. 
 
Group 1   Group 2  Group 3  Group 4  Group 5 
Homeless 
 
Target 50% 
Mobility 
 
Target 5% 
Housing need 
 
Target 40% 
Exchanges 
 
Target 5%   
General 
 
Target 0% 
 
We will set and review the percentage target every year, and may change it 
depending on the analysis of patterns of housing need and demand. 
 
Properties in high-demand areas do not become available very often.  When they 
do become available, to make sure that all groups have access to these 
properties, we will set a mini target, which mirrors the Renfrewshire-wide targets.   
 
 
 
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6.3  The process of allocating a house 
 
When a property becomes available, we will check that it is suitable for people with 
mobility needs or for applicants whose properties are going to be demolished. 
 
If the property is not suitable for either of these groups, the system will work out 
which target group the property should be offered to.  We will then choose 
applicants from that group in order of priority. When the system generates more 
than one application from the group with equal priority, we will prioritise the 
applications according to the date which that priority applies from.  
 
We will contact applicants and check their circumstances before we offer housing. 
We may ask for evidence to confirm details on the application form.   
 
We will carry out a tenancy inspection for applicants who are currently living in the 
Renfrewshire area (or ask for a tenancy report from the landlord for applicants who 
are currently living outside Renfrewshire).  If we find that the property is not being 
kept in line with any conditions of an applicants tenancy agreement, we may not 
make an offer (see 7.3).  
 
If the house is still not let after going through the lists for the empty property, we 
may publicly advertise the house and offer the available house to any suitable 
applicant. 
 
6.4  Eligible house size   
 
The size of accommodation we will offer will generally be based on the eligible 
house size we work out according to the following rules. 
 
Generally there should be a separate bedroom for: 
 
1)  couples living as husband and wife, partners, and a single parent; 
2)  children of different sexes aged 10 or over; 
3)  children of the same sex aged 16 or over; and 
4)  any other person living as part of the household aged 16 or over. 
 
Household size  Eligible house size 
Single person   One bedroom or bedsit 
Couple   One bedroom 
Couple or a single parent with one 
child  
Two bedroom 
Couple or a single parent with two 
children  
 
Two or three bedrooms  
(depending on the age of the 
children) 
Couple or a single parent with three or 
more children  
 
Three or four bedrooms  
(depending on the age of the 
children) 
 
For pregnant women, we will include their unborn child or children when working 
out the size of the house they will need (from three months before the due date). 
 
 
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Applicants who do not have a full residence order for their children but have 
contact agreements for overnight stays may ask for smaller accommodation than 
we would consider they are eligible for if they had full custody. 
 
We will normally allocate housing based on the guidelines above. However, 
because there is a limited supply of certain house types and sizes and low 
demand for some house types and areas, we have the right to allocate 
accommodation outwith these guidelines.  
 
Only in exceptional circumstances, in the interests of avoiding overcrowding, will 
we offer someone a property with fewer bedrooms than they need. 
 
6.5  Separated households 
 
  If members of the applicants household are living at different addresses, we may 
assess the housing need, such as overcrowding, assuming that the whole family 
are living together at the more suitable accommodation.   
   
  Suitability will usually relate to the applicants housing need, the size of the 
property or mobility needs. We may also consider the applicants right to stay in 
the house. 
 
6.6  Tied cases 
   
  If two applicants have equal priority and that priority is from the same date, we will 
consider both applicants general needs and housing need. 
 
  We will give first priority to the applicant who we consider the property to be most 
suitable for.   
 
  We will decide suitability by looking at a number of factors such as household size, 
medical needs, the age of the family and the type of accommodation available. 
  
6.7  Definition of groups and priority bands   
 
6. 7.1  Group 1  Statutory homeless  
 
Unintentionally homeless and in priority need 
 
Our Housing Advice and Homeless Services Team will assess applicants for this 
category. 
 
Under Part 11 of the Housing (Scotland) Act 1987, as amended by the Housing 
(Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003, we must 
assess applicants who are homeless or threatened with homelessness.  If the 
applicant is assessed as being unintentionally homeless, or unintentionally 
threatened with homelessness and is in priority need, we must give them advice 
and support, provide temporary accommodation if necessary, and find them 
permanent accommodation. 
 
 
 
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When offering accommodation to applicants in this group, we will take account of 
what housing is available, how close housing is to schools, family support and 
their place of work, and any support needs. 
 
Homeless applicants will be entitled to two reasonable offers of accommodation.   
In deciding what a reasonable offer is, we will take account of the factors listed in 
the Homelessness Code of Guidance 2005 and any future amendments.  
 
If a homeless applicant refuses a second offer, they will lose their homeless 
priority and be placed in the appropriate needs group. Homeless applicants have 
the right to appeal against these decisions, under the homelessness procedures, 
and we will write to them to tell them how to appeal. You can get details of the 
appeals procedure from the Housing Advice and Homeless Services Team 
(please see the contact details at the end of this document). 
 
6.7.2  Group 2  Mobility 
 
This group refers only to applicants who have a mobility problem and who need 
housing that suits their mobility needs, for example, ground floor or an adapted 
property, including housing for people who use wheelchairs. We will award a 
priority band A, B, or C after assessing the level of need.  These are: 
 
Priority A   Critical mobility need - where current 
accommodation makes it impossible to perform 
day-to-day tasks or poses a danger to life 
Priority B   Urgent mobility need  where current 
accommodation severely restricts ability to carry 
out day-to-day tasks 
Priority C   Mobility need  where moving will improve the 
ability to carry out day-to-day living 
 
If more than one person in the applicants household is placed in a mobility 
category, we will only take account of the highest priority when allocating housing. 
 
The assessment process will include a recommendation of suitable house types or 
adaptations needed in the house to meet the applicants mobility needs, and we 
will make offers in line with this recommendation.   
 
If an empty property has been substantially adapted to meet the needs of a 
person with certain disabilities, we will try to match this property to an applicant 
household, within the mobility group, with similar needs.  By substantially 
adapted, we mean it has one of the following adaptations. 
 
  Doorways widened for wheelchairs to fit through 
  Internal vertical lift 
  Ramp (inside or outside, or both) 
  Wet floor area 
  Changed heights and positions of kitchen units 
 
If we cannot find a suitable applicant for the adapted property within a reasonable 
timescale, we will follow the normal route of offering a property. 
 
 
 
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Applicants who ask to live in an area where there are no suitable houses may be 
offered the most appropriate accommodation available in line with the 
recommendation and invited to review their application, with a view to amending 
their choice of areas. 
   
Applicants with a mobility priority who consider that their condition has changed 
may send us more evidence to review. 
   
6.7.3  Group 3  Housing need 
   
6.7.3.1  Priority A  critical housing need 
 
Group 3  priority A  Domestic abuse 
 
In defining domestic abuse, we will adopt the Scottish Executive definition. 
 
Domestic abuse (as gender-based abuse), can be perpetrated by partners or   ex-
partners and can include physical abuse, sexual abuse and mental and emotional 
abuse. 
 
If an applicant gives domestic abuse as the reason for applying for a house, we 
will follow the standards set out in the Homelessness Code of Guidance 2005. 
This means that we will collect information to support the applicants case, but will 
not contact the person that is responsible for the abuse.  If it is impossible to get 
confirming evidence, the applicants fears about the current situation will be 
enough. 
 
Group 3  priority A  Harassment 
 
Harassment may result in an applicant not being safe in or around their current 
accommodation. This may include cases where: 
 
  applicants or members of the household have been victims of a physical 
attack; 
  the applicant (or a member of the applicants household) is the target of 
harassment where there is a major threat; or 
  the police recommend a move for safety reasons. 
 
Group 3  priority A  Property below the tolerable standard 
 
We will use the current legal definition in deciding if a house is below tolerable 
standard.  The current definition is set out in the Housing (Scotland) Act 1987 (as 
amended by the Housing (Scotland) Act 2001) and will include things such as 
houses that do not have a sink with a supply of both hot and cold water, and 
houses that do not have an effective system for getting rid of waste water and 
surface water.  The full definition is contained in appendix 1. 
 
Our Environmental Services Department must confirm in writing that the house is 
below the tolerable standard.  
 
   
 
 
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Group 3  priority A  Statutorily overcrowded  
 
We will use the current legal definition of overcrowding.  This is contained in 
sections 136 and 137 of the Housing (Scotland) Act 1987, which say that a house 
is overcrowded when the number of people sleeping in the house affects either the 
room standard or the space standard.  There is a full definition of the room 
standard and the space standard in appendix 2. 
 
Group 3  priority A  Community Care  
 
Community Care priority is awarded by the Community Care Panel.  The 
Community Care Panel aims to meet the housing and support needs of people so 
they can live in the community. The Panel includes senior officers from our 
departments of Housing and Property Services and Social Work, together with 
representatives from the Health Board or the health professions and the local 
housing associations.   Applicants with a community care need can be referred to 
the Panel by staff from Housing and Property Services, Social Work or health 
professionals. See appendix 3 for further details on the Community Care Panel. 
 
Applicants will include those who: 
 
  are elderly; 
  have a physical disability; 
  have a learning disability; 
  have mental-health needs; 
  have HIV or Aids; or 
  were previously in the care of a local authority. 
 
The Panel will give an A award to people whose needs are critical, where current 
accommodation makes it impossible to carry out day-to-day tasks. 
 
The Panel will decide the type and location of appropriate accommodation, and we 
will try to make offers in line with the Panels decision.   
 
If more than one person in the applicants household has a Community Care 
award, we will only take account of the highest priority when allocating housing. 
 
Group 3  priority A  Relationship breakdown 
 
We will only award an A priority for relationship breakdowns if there is a critical 
housing need (that is, the applicant can provide evidence that he or she cannot 
stay in his or her current accommodation, has no other accommodation, and 
where there are exceptional circumstances that prevent the applicant applying as 
being homeless). 
 
Our Housing and Advice Team will normally refer applicants in this category. 
 
We will give applicants suffering a relationship breakdown advice and support, 
including telling them about any rights they may have under the Matrimonial 
Homes (Family Protection) (Scotland) Act 1981. 
 
 
 
 
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Group 3  priority A  Leaving institutions 
 
Applicants in this category will include people who are: 
 
  leaving the armed forces;  
  leaving prison; and 
  leaving hospital or long-term residential care where there is no need for 
ongoing support; 
 
and who have a date to leave but have nowhere to live when they leave. 
 
Group 3  priority A  Insecure tenure 
 
Applicants in this category will include people who are potentially homeless, 
through no fault of their own, as a result of insecure tenure, for example: 
 
  a repossession order has been granted by the court; or 
  the applicant lives in accommodation connected to their job and has received 
notice to leave the property. 
 
Our Housing Advice and Homeless Services Team will normally refer applicants in 
this category. 
 
6.7.3.2  Priority B  urgent housing need 
 
Group 3  priority B  Overcrowding 
 
Applicants in this category include households which are overcrowded, but do not 
meet the conditions outlined in Group 3 Priority A  Statutorily overcrowded. 
 
This includes applicants who are overcrowded, with two or more bedrooms short, 
when we work out the number of bedrooms needed in line with the maximum 
eligible house size. (See section 6.4.) 
 
Group 3  priority B  Sharing facilities 
 
Applicants who share facilities (that is, a bathroom or kitchen (or both) with hot and 
cold water) with four or more people outside their own household. 
 
Group 3  priority B  Harassment 
 
Applicants who are experiencing harassment that is specifically targeted at them 
or members of their household, in or around their current accommodation, but 
where they are safe in their current accommodation. Or, applicants who fear 
violence and this fear is justified. 
 
Applicants in this category may include: 
 
  members of minority groups who suffer verbal or physical abuse; and 
  members of ethnic-minority groups living in an area where there are racial 
attacks. 
 
 
 
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Group 3  priority B  Relationship breakdown 
 
Applicants experiencing a relationship breakdown who no longer want to live 
together. 
 
Group 3  priority B  Receive or provide support 
 
Applicants who need to move to provide or receive support so the applicant or the 
person they are caring for can carry out day-to-day tasks (with that support), but 
who do not meet the conditions for the community-care priority-A award.  This also 
includes community-care priority-B awards.  
 
Due to the nature of this priority award, we may restrict the offer to a property 
within the allocation area in the same town or nearest village as the person 
receiving or giving support. 
 
Group 3  priority B  Take up or stay in employment 
 
Applicants in this category include people who: 
 
  need to move so they can keep their job; or 
  have an offer of employment and who need to move to take up the offer. 
 
6.7.3.3  Priority C  housing need 
 
Group 3  priority C  Overcrowding 
 
Applicants who are overcrowded by one bedroom, when we work out the number 
of bedrooms needed in line with the maximum eligible house size. (See section 
6.4.) 
 
Group 3  priority C  Sharing facilities 
 
Applicants who share facilities (that is, a bathroom or kitchen (or both) with hot and 
cold water) with one to three people outside their own household. 
 
Group 3  priority C  Leaving home to live independently/Applicants with no 
accommodation 
 
Applicants in this category include people: 
 
  aged 16 or over who want to leave the family home to set up home 
themselves;  
  without accommodation to live in their own right; and 
  with nowhere permanent to live. 
 
Group 3  priority C  Non-secure accommodation  
 
Applicants in this category include those: 
 
  living in armed forces accommodation; 
  currently in prison; 
 
 
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  staying in hospital long-term; and 
  living in a private rented flat with a short secure tenancy; 
 
and who do not have a date to leave but would have nowhere else to live on 
leaving their accommodation. 
 
Group 3  priority C  Looking for work in the area 
 
Applicants in this category include people who are looking for work in the area. 
 
Group 3  priority C  Receive or provide support 
 
If a move to receive or provide support would substantially improve the ability of 
either the person giving or receiving support to carry out the tasks associated with 
day-to-day living.  This also includes community-care priority-C awards. 
 
Due to the nature of this priority award, we may restrict the offer to a property in an 
allocation area in the same town or nearest village as the person receiving or 
giving support. 
 
6.7.4  Group 4  Exchanges 
 
Existing Renfrewshire Council tenants who want to move but who do not fall into 
any of the groups listed above. 
  
6.7.5  Group 5  General 
 
Applicants with no housing need. 
 
6.8  Placing applicants within a group 
 
We will assess the information an applicant gives us using the conditions 
described previously. We may need more information or evidence to support the 
application. 
 
If an assessment leaves an applicant in more than one category of housing need 
within a group, the higher category will apply. 
 
If an applicant has needs in different groups, the highest need will apply. However, 
if an applicant has mobility priority, he or she will stay in group 2  Mobility, as they 
will need a specific type of property. 
 
Applicants will be listed within each group and priority band according to the date 
which that priority applies from.  
 
6.9  Number of offers to applicants placed within groups 
 
We aim to work with applicants to help them make the best choices that suit their 
level of need. Generally, applicants will not receive more than two offers before a 
housing options review is held, in which staff will provide realistic housing advice 
and help applicants change their application as necessary. 
 
 
 
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After receiving this housing advice, if an applicant refuses a further two reasonable 
offers, we may suspend them from the list for up to six months to allow them to 
consider their housing options. We will not make any more offers while they are 
suspended from the list. If an applicant changes their choices within this period, 
the suspension will be lifted. 
 
We will offer suitable alternative accommodation to applicants needing rehousing 
due to our regeneration programme (see section 9.1). 
 
7   Suspending applications for housing 
 
Under the Housing (Scotland) Act 2001, there are a limited set of circumstances 
where we can suspend applications, during which time we will not make any offers 
of housing.   
 
We will try not to suspend applications where possible. If we suspend an 
application, we will write to the person to tell them why it is being suspended and 
the period of suspension.  We will tell applicants how they can have the 
suspension lifted and their rights of appeal. 
 
The circumstances in which we may suspend applications include the following. 
 
7.1  Housing-related debt 
 
We may suspend an application if an applicant owes rent or has any debt related 
to a tenancy (for example, rechargeable repairs or service charges) of more than 
1
/
12
 of the yearly amount they owe, and where no repayment arrangements are in 
place or have not been maintained.   
 
We will lift the suspension when either the debt is repaid or the applicant has kept 
to a repayment arrangement for at least three months and is continuing to make 
the agreed payments. This applies to both existing Renfrewshire council tenants 
and any other applicants. 
 
7.2  Antisocial behaviour 
 
We may suspend applications if there is clear evidence that the applicant, or any 
person who wants to be housed with the applicant, has caused or is causing 
serious antisocial behaviour and it is related to a tenancy. 
Applications in this category will include: 
 
  applicants who have an Acceptable Behaviour contract; 
  Renfrewshire residents or members of their household who are being 
investigated by our Antisocial Investigations Team (ASIST); 
  applicants (or people who want to be housed with the applicant) who have 
an antisocial behaviour order or interim antisocial behaviour order made 
against them; 
  applicants (or any people who want to be housed with the applicant) who 
have been evicted for antisocial behaviour in the last three years; 
  applicants who have had an interim or full antisocial behaviour order made 
against them in the past three years; and 
 
 
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  applicants from other landlords whose tenancy reference provides clear 
evidence they have been responsible for causing serious antisocial 
behaviour. 
 
We will review suspended cases every three months.  We will lift the suspension 
when there is evidence available that the decision is no longer valid because of a 
change in circumstances or a change in behaviour. The evidence may be from 
social workers or probation officers, or in the case of Renfrewshire residents, a 
report from ASIST. 
 
In some circumstances, instead of suspending the application of someone who 
has caused antisocial behaviour, we may offer them a tenancy with a Short 
Scottish Secure Tenancy.  See section 8.2. 
 
7.3  Failure to keep to the conditions of a tenancy agreement 
 
We may suspend applications if the tenancy reference or tenancy inspection 
shows that the applicant has not kept to the conditions of the tenancy, for 
example, if they have not controlled their pets or looked after the garden.  
 
We will review suspended cases every three months.  We will lift the suspension 
when the applicant provides evidence that there has been an improvement in 
tenancy conditions. This may be through a letter from their landlord, or in the case 
of transfer tenants, a housing management report. 
  
7.4  Putting an application on hold 
 
  There may be circumstances where an applicant wants to join the housing list but 
is not in a position to receive an offer.  Applicants in the following categories may 
have their application put on hold and then considered six months before they 
need housing. 
 
  People in tied accommodation (linked to their job) 
  Prisoners 
  The armed forces 
  Asylum seekers waiting for a decision on their right of leave to remain 
 
In the case of asylum seekers, we will consider the application once leave to 
remain has been granted. 
 
If an applicant does not want to be considered for housing due to personal 
reasons, for example, they are too ill to move, they should tell us that they want to 
put their application on hold.  Applicants should tell us when they are ready to be 
considered for housing. 
 
8  Tenancy agreements 
 
8.1  Scottish secure tenancy 
 
Generally, we will offer successful applicants a Scottish secure tenancy.   
 
 
 
 
15 
8.2        Short Scottish secure tenancy 
 
In some cases, under the Housing (Scotland) Act 2001, we may offer the applicant 
a short Scottish secure tenancy (for example, where the applicant has been 
evicted for antisocial behaviour within the past three years).  We will offer these 
tenancies with appropriate support measures, and review them every six months.   
 
We will only offer a Scottish secure tenancy when we are satisfied the conditions 
of the tenancy are being met. 
 
8.3      Joint tenancy 
 
We will normally offer joint tenancies to partners, or two or more adults aged 16 or 
over. 
 
9  Allocations that can be made outside the priority group system 
   
9.1  Applicants who have a closing, demolition or other statutory order made 
against them 
 
Applicants who need permanent rehousing because their houses are under a 
closing, demolition or other statutory order, or part of our regeneration programme, 
will be offered suitable alternative accommodation.  
 
9.2  Sheltered housing 
 
In general, sheltered housing is open to applicants aged 60 or over.  Applicants 
can say if they want us to consider them for sheltered housing when they fill in the 
Renfrewshire Housing Application Form.  We will assess applicants and then 
award a priority A, B, or C depending on the level of need, (A being the highest 
category).  Applicants with the highest priority will be offered accommodation first. 
 
9.3  Guaranteed rehousing 
 
If a council tenant gives up a tenancy to move to residential accommodation, a 
hospital, a group tenancy, or to live with a close relative to receive or provide 
essential support or to go to prison, we may guarantee to rehouse them.  
Applicants should apply in writing before giving up their tenancy. 
If we give a guarantee and the former tenant wants to move back to a council 
tenancy, we will offer them accommodation, which is not in higher demand than 
the one which they left. 
 
9.4  Special lets 
 
There may be exceptional circumstances where it is not appropriate to offer 
housing in the normal way, for example, special requests from the police or Social 
Work Department.  In these cases, we will offer housing by looking at the 
applicants needs and searching for a suitable property.  Due to the exceptional 
nature of these lets, the numbers involved will be very low and will be clearly 
documented for audit purposes.  A senior officer must authorise any special lets. 
 
9.5  Management transfers 
 
 
16 
 
We will temporarily house our tenants in alternative accommodation in case of fire, 
flood or major repairs. 
 
We will consider a tenants request to make the temporary move a permanent let 
if:  
  the property is of similar type, and similar or lower demand;  
  the property meets the conditions of any mobility award;  
  the tenant is aged 60 or over or their current property is too big for them; 
and  
  the tenant has lived in the property for more than eight weeks.   
 
There may be circumstances where the Department of Housing and Property 
Services chooses to reduce or ignore the time period and arrange for a direct 
transfer, as long as the applicant meets the conditions.  If these conditions are 
met, we will normally grant a permanent tenancy. The Neighbourhood Services 
Co-ordinator will decide whether to grant a permanent tenancy or not. 
 
In appropriate circumstances, where an existing tenant wants to move but does 
not fall into any of the priority groups or meet the conditions above, and where the 
move would free up a property in equivalent or higher demand that would then 
become available to other groups, we may move the person through a 
management transfer. An example where we may do this is for a single person 
living in a large family home in a popular area. 
 
9.6  Mutual exchange 
 
The Housing (Scotland) Act 2001 gives every Scottish secure tenant the right to 
swap their house with another Scottish secure tenant, but only with the permission 
of their landlords. Through the mutual-exchange process, applicants may be able 
to get the kind of house they want without having to wait on our waiting list.  
 
People can apply to swap homes using a mutual-exchange application form, which 
is available at any of our Customer Service Centres. By law, we must give the 
applicant a decision within a month, and we cannot refuse permission without 
good reason.  
 
We will allow exchanges between our tenants and tenants of a private landlord, as 
long as we have permission in writing from the Neighbourhood Services Co-
ordinator of their neighbourhood office and the private landlords. See appendix 6 
for details on mutual exchanges. 
 
You can get more information about mutual exchanges from any of our Customer 
Service Centres and on our website at www.renfrewshire.gov.uk. 
 
 
17 
10  General conditions 
 
10.1  Delegated powers 
 
The Director of Housing and Property Services and the appropriate Heads of 
Service are authorised to run the system for allocating houses in line with our 
policy. 
   
10.2  Change in housing circumstances 
 
The applicant is responsible for telling us about any change in their circumstances, 
such as members of the household leaving or moving in, change of address and 
so on.  It is important that applicants keep their details correct and up to date as 
this may affect their chances of receiving an offer of housing.  We will write to 
applicants if their amendment changes their grouping or priority banding. 
 
If an applicant changes address, they should fill in a Renfrewshire Housing 
application form. They should fill it in within 28 days of telling us about the change.  
If we do not receive it within 28 days, we will send a reminder letter.  If after 
sending the reminder letter we still do not receive the new form, we will cancel the 
application. 
 
If an applicant has a joint application, and decides they do not want to be housed 
together, they should tell us.  We will give them a date of application from when 
their name first appeared on the joint application. 
 
10.3  Deliberately making housing circumstances worse 
 
If an applicant changes address, the assessment of his or her circumstances may 
alter.  However, if we consider that a move or an act was done deliberately to 
increase the chances of being rehoused, we will assess the application on the 
previous circumstances and will not consider the extra housing need for six 
months. 
 
10.4  False or misleading information provided knowingly or recklessly 
 
If we offer an applicant a property based on false or misleading information 
provided knowingly or recklessly, we may withdraw the offer and reassess the 
application based on accurate information. 
 
If an applicant becomes a tenant based on false or misleading information, we 
have the right to take action to recover the property. 
 
10.5  Cancelling or removing applications from the list 
 
We may remove applications from the list if the applicant: 
 
  has asked us to remove them from the list; 
  has died;  
  has failed to respond to the yearly review of the housing list (see section 
10.6); 
 
 
18 
  has not returned a new application form after telling us about a change of 
address (see section 10.2); or 
  has failed repeatedly to respond to written correspondence or requests for 
home visits. 
 
Applicants who have had their application cancelled have the right to appeal 
against this decision.  We will reinstate a cancelled application up to a year after 
the date we cancelled it, if the applicant can give good reasons for not replying to 
the review.  However, applicants who contact us more than one year after the date 
of cancellation will need to fill in a new form and will not be entitled to have their 
application backdated to the date of the original application.   
 
If an applicant chooses not to keep Renfrewshire Council as one of their choices 
on the application form, we will cancel the application from our list. If they decide 
to add Renfrewshire Council back in as a choice later, we will treat this as a new 
application, and their application will be stored from the date of this new 
application. 
 
10.6  Reviewing applications 
 
We will ask applicants if they want to stay on the list for housing every year on the 
anniversary of the date they applied for housing.  We will send applicants a 
registration slip which they must return within six weeks. We will send a reminder 
letter to applicants who have not registered within one month.  
 
If an applicant does not register within six weeks, we will cancel the application.  
We will always tell an applicant when we cancel their application. 
 
10.7  Allocations to members of the council and housing services staff 
 
We will tell the Housing, Environment and Community Safety Policy Board if we 
allocate housing to members of the council and housing services staff or their 
close relatives. Close relatives, including step relatives, means husband, wife, 
partner, father, mother, sister, brother, son or daughter.  
 
10.8  The role of councillors 
 
The role of councillors in making decisions about housing is restricted by section 
20 (3) of the Housing (Scotland) Act 1987, although they are still entitled to provide 
relevant information in support of or on behalf of a housing application. 
 
10.9  Data protection 
 
We will process all the information given on the Renfrewshire housing application 
form in line with the Data Protection Act 1998.  We will keep the information 
secure and use it for the purposes outlined in the data protection declaration on 
the application form.  In line with the act, if an applicant wants to see information 
held on their record, they can apply in writing to us and will receive a reply within 
40 days. There is a fee for this (currently 10) which should be included with any 
request. 
 
 
 
 
19 
10.10  Local lettings scheme 
 
One of the aims of the allocation policy is to contribute towards improving 
communities.  If it becomes clear that the allocation policy is not contributing to 
creating balanced communities where people want to live, we may decide to put 
into practice a local lettings scheme. 
 
Local lettings schemes allow us to change the conditions for allocating empty 
houses in a specific area to meet specific aims.   We will consult tenants about any 
local lettings schemes.   Any local lettings schemes will meet statutory 
requirements, be published, and will run for a fixed period of time.  
 
10.11  Choice-based lettings 
 
We are committed to continually improving access to housing for people who 
apply to us.  In the future, we may develop a system of choice-based lettings.  This 
is a system where people can choose from a range of empty properties, usually 
advertised for a specific time period. We will give priority to applicants who have 
the greatest housing need.  We will consult tenants about introducing the system, 
and will still give priority to homeless people and other people in housing need. 
 
10.12  Housing support 
 
We provide support to households in council, housing association, privately rented 
or owner-occupied accommodation to help them stay in their home.  
 
We provide housing support to a range of vulnerable people, including but not 
limited to older people, young people, people with mental-health issues, people 
with addiction issues, people with learning disabilities, people with sight and 
hearing difficulties, and people with a physical disability.  People can be referred 
by Housing, Social Work Departments, Health Boards, the voluntary sector and 
individuals. 
 
We will assess the persons need for housing support services and then produce a 
support plan.   The team will identify the most appropriate provider to meet the 
identified needs of the individual.  The team will aim to make sure that the 
applicant receives the appropriate level of support and help needed to help them 
to stay in their accommodation. 
 
We encourage people to use the support services we offer, but we cannot offer a 
tenancy on the condition that the tenant accepts a support package. 
 
We recognise that young people setting up home on their own may be vulnerable 
and need extra support.  Housing support services are available to young people 
who want to have their own tenancy. The team can offer support and help on how 
to set up and maintain a tenancy.   
   
 
 
20 
11  Working with other housing providers 
 
We recognise the importance of working closely with other partner organisations to 
improve the housing options for applicants and to make the process of accessing 
public housing in Renfrewshire easier. 
 
11.1  Nomination agreements    
 
We are currently working with other housing associations in the Renfrewshire area 
to review nomination arrangements.  The nomination arrangements mean that we 
can put forward applicants from our list for a percentage of empty properties as 
agreed with the housing associations. Applicants interested in housing association 
properties must show this on the housing application form. 
 
11.2   Referring homeless applicants to other landlords    
 
We also have arrangements with local registered social landlords in terms of 
section 5 of the Housing (Scotland) Act 2001.  
 
The aim of the arrangement is to prevent homelessness in the Renfrewshire local 
authority area, and to help registered social landlords meet our requests to house 
homeless households. 
 
We will agree with the housing associations the target of lets we predict the 
associations will be asked to make for section-5 referrals. 
 
12  Information and advice 
 
A summary of the full allocation policy is available in a leaflet and on our website 
at www.renfrewshire.gov.uk.  Please ask us if you would like information on the 
allocation policy in different formats and languages. 
 
We have more applicants on our housing list than housing available, and the 
demand for certain types of property and areas far outstrips supply. Some 
applicants, especially those who choose the more popular areas and house types, 
may be waiting for a long time for us to find them housing. We will give people 
realistic advice about the likelihood of being rehoused according to their choices. 
We will provide information on opportunities to find housing with other providers. 
 
Applicants who are homeless or threatened with homelessness should contact the 
Housing Advice and Homeless Services Team for information and advice. (Please 
see the contact details at the end of this document.) 
 
We will write to applicants within 20 working days of receiving the information 
relevant to the application. We will tell them: 
 
  the housing need group and priority they have been awarded; 
  their choice of area; 
  the types of property they have asked for; 
  the size of accommodation we have assessed them as needing; 
  their responsibility to let us know about any change in circumstances; 
  contact details for any questions; and 
 
 
21 
  how to appeal against the assessment of their circumstances. 
 
13  Customer-service pledges and timescales 
 
We set customer-service pledges for all our main areas of work in terms of 
housing.   
 
If someone applies for housing, we will: 
 
  tell them which group we have put them in, and their priority in that group, 
within 20 working days of receiving all the information relevant to their 
application for housing; 
  contact them again within 15 working days of telling them their group and 
priority, to give them realistic advice on their housing prospects based on 
their level of need and choice; and 
  contact everyone on our waiting list every year to update their application. 
 
14  Complaints and appeals 
 
Applicants who are not satisfied with the way we have handled their application, 
may make a complaint under our complaints procedure, Help us to help you.  You 
can get details of how to make a complaint from any council office, our website at 
www.renfrewshire.gov.uk or by phoning the customer contact centre on 0141 840 
3477. 
 
15  Right to appeal 
 
Applicants also have the right to appeal against decisions we make about their 
housing application. The appeal process is as follows. 
 
15.1  Stage 1 
 
First, applicants should contact the Waiting List and Allocation Manager  to try and 
sort out the matter.  The Waiting List and Allocation Manager will acknowledge the 
contact within three working days and will write to the applicant within 10 working 
days of the acknowledgement to tell them his or her findings.  The case will be 
assessed by a senior officer not involved in the original decision.  
  
15.2  Stage 2 
 
If the applicant is not satisfied with the result of his or her appeal, he or she can 
appeal to the Head of Housing Services.  Again, an acknowledgement will be sent 
within three working days and a detailed reply will be sent within a further 10 
working days. 
 
 
 
22 
15.3  Stage 3 
 
If the applicant is still not satisfied, they can write to the Director of Housing and 
Property Services.  The appeal will be acknowledged within three working days 
and a reply sent within 10 working days of the acknowledgement. 
 
If after following the above procedure applicants are still not satisfied, they may 
refer their case to the Scottish Public Services Ombudsman. (See the contact list 
at the end of this document for details.) 
 
An applicant can contact their local councillor, or an advice agency, or get legal 
advice, at any time.  
   
If a person is not happy with an offer of housing made under the homeless 
legislation, they can follow the homelessness appeals procedure. 
 
We will not release details of another persons application to anyone else.  
 
An applicant who needs help in making a complaint can ask for help from any 
member of staff.  We also offer interpreting and translation services for applicants 
whose first language is not English. 
 
16  Monitoring and assessment 
 
We will monitor the allocation policy to make sure it is meeting our aims, is 
effective, non-discriminatory and promotes equal opportunities.  We will collect 
information and report every year on: 
 
  the number of Renfrewshire Housing Application Forms we process; 
  the number of applicants on the waiting list (by group); 
  offers made to groups, compared to targets; 
  the needs of applicants and those we have offered housing to; 
  information we use to monitor equal opportunities;  
  performance against our customer-service pledges; 
  the number of empty properties, how long it takes us to let them, and how 
much rent we lose as a result of empty properties; and 
  the number of complaints we receive, and appeals and outcomes. 
 
The information we use to monitor equal opportunities will include: 
  details of the background, age, sex and disability of the people applying to us 
for housing, compared to the ethnic background, age, sex, and disability of 
the people we offered housing to, and the ethnic background, age, sex and 
disability of the general population within Renfrewshire. 
 
 
23 
17  Contact list 
 
Renfrewshire Council Customer Service Centres 
Paisley Customer Service Centre 
Renfrewshire House 
Cotton Street, Paisley 
PA1 1AN 
Johnstone & Villages Customer Service 
Centre 
Floorsburn House,  
Floor Street, Johnstone 
PA5 8TN  
Renfrew Customer Service Centre 
Renfield Street 
Renfrew 
PA4 8RN 
 
Alternatively, if you have a housing enquiry and wish to contact us by telephone: 
Customers who live in: 
  Paisley, Foxbar, Ferguslie Park, Glenburn please call 0141 840 3063 
  Johnstone & Villages and Johnstone Castle  please call 01505 342250 
  Renfrew and Gallowhill please call 0141 886 3344 
Housing Customer Support Team 
(Financial Inclusion/Support and Housing Resettlement) 
Renfrewshire House 
Cotton Street, Paisley 
PA1 1TW 
 
Telephone: 0141 840 3420 or 840 3414  
 
Housing Advice and Homeless Services 
Team 
15 Abercorn Street 
Paisley 
PA3 4AA  
Telephone: 0141 842 3060 or 0800 121 4466 
Freephone: 0800 811 505 (out of working hours) 
Email: 
housingadvice.hps@renfrewshire.gov.uk 
 
   
 
 
24 
Bridgewater Housing Association 
1st Floor 
Bridgewater Shopping Centre,  
Erskine  
PA8 7AA 
Phone: 0141 812 2237 
Ferguslie Park Housing Association 
The Tannahill Centre 
76 Blackstoun Road,  
Paisley  
PA3 1NT 
Phone: 0141 887 4053 
Linstone Housing Association 
32 Burnbrae Avenue 
Linwood  
PA3 3DD 
Phone: 01505 382 383 
Paisley South Housing Association 
64 Espedair Street 
Paisley  
PA2 6RW 
Phone: 0141 889 7105 
Williamsburgh Housing Association 
Ralston House  
Cyril Street 
Paisley 
PA1 1RW 
Phone: 0141 889 9134 or 887 8613 
Carers Centre 
16 Silk Street 
Paisley 
PA1 1HG 
 
Phone: 0141 887 3643 
Renfrewshire Womens Aid 
3 Violet Street 
Paisley 
PA1 1PA 
Phone: 0141 561 7030    
Scottish Public Services Ombudsman 
The Scottish Public Service Ombudsman  
Freepost EH641  
Edinburgh  
EH3 0BR 
Phone: 0870 0115378   
Barnardos Paisley Threads  
43 Canal Street 
Paisley 
PA1 2HQ 
Phone: 0141 840 4086 
Paisley Law Centre 
65 George Street 
Paisley 
PA1 2JY 
Phone: 0141 561 7266 
Renfrewshire Alcohol Centre 
St Mirin House 
Back Sneddon Street 
Paisley 
PA3 2AF 
Phone: 0141 887 0880 
Helpline: 0845 230 0038 
Renfrewshire Association for Mental Health 
41 Blackstoun Road 
Paisley 
PA3 1LU 
Phone: 0141 847 8900 or 848 9928 
Website: www.ramh.org 
 
 
 
25 
appendix 1* 
Below tolerable standard 
 
The  tolerable  standard  is  set  out  in  the  Housing  (Scotland)  Act  1987  as  amended by  the 
Housing (Scotland) Act 2001 
 
A house will, for the purposes of the Act, meet the tolerable standard if the house:  
a)   is structurally stable  
b)   is substantially free from rising or penetrating damp  
c)   has satisfactory provision for natural and artificial lighting, for ventilation and for 
heating  
d)   has an adequate piped supply of wholesome water available within the house  
e)   has a sink provided with an adequate supply of both hot and cold water within the 
house  
f)   has a water closet or waterless closet available for the exclusive use of the 
occupants of the house and suitably located within the house  
g)   has a fixed bath or shower and a wash-hand basin, all with a satisfactory supply of 
hot and cold water suitably located within the house  
h)   has an effective system for the drainage and disposal of foul and surface water  
i)   has satisfactory facilities for the cooking of food within the house  
j)   has satisfactory access to all external doors and outbuildings 
 
 
 
* Plain English Campaigns Crystal Mark does not apply to appendix 1.
 
 
26 
appendix 2* 
Statutory Definition of Overcrowding  section 136 and 137 of the Housing 
(Scotland) Act 1987 
 
A house is overcrowded when the number of persons sleeping in the house is such as to 
contravene:-  
 
(a)   the room standard,  
(b)  the space standard 
 
Section 136 the room standard. 
 
(1)   The room standard is contravened when the number of persons sleeping in a house 
and the number of rooms available as sleeping accommodation is such that two 
persons of opposite sexes who are not living together as husband and wife must 
sleep in the same room. 
 
(2)  For this purpose: 
 
(a)   children under the age of 10 shall be left out of account, and 
(b)   a room is available as sleeping accommodation if it is of a type normally used in the 
locality either as a bedroom or as a living room. 
 
Section 137 the space standard. 
 
(1)   The space standard is contravened when the number of persons sleeping in a house 
is in excess of the permitted number, having regard to the number and floor area of 
the rooms of the house available as sleeping accommodation. 
 
(2)   For this purpose: 
 
(a)  no account shall be taken of a child under the age of one and a child aged one or 
over but under 10 shall be reckoned as one-half of a unit, and 
(b)   a room is available as sleeping accommodation if it is of a type normally used in the 
locality either as a living room or as a bedroom. 
 
(3)   The permitted number of persons in relation to a house is whichever is the less of: 
 
(a)  the number specified in Table 1 in relation to the number of rooms in the house 
available as sleeping accommodation,  
  and 
(b)  the aggregate for all such rooms in the house of the numbers specified in column 2 of 
Table 2 in relation to each room of the floor area specified in column 1. 
 
No account shall be taken for the purposes of either table of a room having a floor 
area of less than 50 square feet. 
 
(4)   The Secretary of State may prescribe the manner in which the floor area of a room is 
to be ascertained for the purposes of this section; and the regulations may provide for 
the exclusion from computation, or the bringing into computation at a reduced figure, 
of floor space in a part of the room which is of less than a specified height. 
 
 
 
27 
(5)  Regulations under subsection (4) shall be made by statutory instrument, which shall 
be subject to annulment in pursuance of a resolution of either House of Parliament. 
 
(6)   A certificate of the local authority stating the number and floor areas of the rooms in a 
house, and that the floor areas have been ascertained in the prescribed manner, is 
evidence for the purposes of legal proceedings of the facts stated in it.  
 
Table 1  
 
No of rooms  No of persons 
1  2 
2  3 
3  5 
4  7.5 
5+  2 for each room 
       
Table 2  
 
Floor area of room      Number of persons 
110 sq. ft. or more       2 
90 sq. ft. or more but 
less than 110 sq. ft.     
1      
70 sq. ft. or more but 
less than 90 sq. ft.      
1 
50 sq. ft. or more but 
less than 70 sq. ft 
 
       
 
* Plain English Campaigns Crystal Mark does not apply to appendix 2.
 
 
28 
appendix 3 
Community Care Panel 
 
The Community Care Panel has been set up to assess the housing and support needs of 
people who need care in the community and who we have a legal duty to find 
accommodation for. Applicants who need both housing and support will be referred to the 
Community Care Panel.  Housing and Property Services, Social Work, and health 
professionals can refer people. The Panel is made up of senior staff of Housing and 
Property Services, Social Work, the healthcare trust and local housing associations.   
 
The Panel considers each case that has been referred to them in order to provide 
appropriate housing and support. This should help applicants to keep their tenancy in the 
long-term, taking account of things such as: 
 
  their wider support network; 
  their ability to use community facilities; and  
  particular needs outlined by the agency that referred them. 
 
The Community Care Panel is one of a range of options we have to help people with 
particular needs to live in the community. As a result, the Panel may not always be the 
most appropriate option. 
 
Successful applicants are given a priority for the type and location of housing appropriate 
to their needs.  The aim is that applicants are then put on a waiting list for a particular type 
of accommodation where they can get appropriate accommodation within a reasonable 
timescale.  
 
 
 
 
 
29 
appendix 4 
Succeeding to a tenancy 
 
If a tenant dies, the tenancy will pass to a qualified person in order of priority, as follows. 
 
  The first priority goes to a tenants surviving husband or wife or civil partner (living in 
the property as their only or main home at the time of the tenants death) or partner 
(as long as the house has been their only or main home for the six months before the 
tenant died), or a joint tenant. (A civil partnership is a formal arrangement that gives 
same-sex partners the same legal status as a married couple.) 
             
  If no-one in the above category qualifies or chooses to succeed, the second priority 
goes to a member of the tenants family aged 16 or over, as long as the home was 
their only or main home when the tenant died. 
     
  If no-one in the above category qualifies or chooses to succeed, the third priority 
goes to a carer who is providing, or who has provided, care for the tenant or a 
member of the tenants family. The carer must be aged 16 or over, and have given up 
his or her previous only or main home, to be qualified to succeed.  
 
  In all cases, the house of the tenant who has died must have been the only or 
main home for the qualifying person. 
 
  If a house has been designed or substantially adapted for a person with special 
needs to use, only their husband or wife or civil partner (living in the property as their 
only or main home at the time of the tenants death) or partner (as long as the house 
has been their only or main home for the six months before the tenant died), joint 
tenant or a person with special needs can succeed to the tenancy. 
 
  Other people who would otherwise be qualified to succeed have a right to alternative 
suitable accommodation.  When deciding whether accommodation is reasonably 
suitable to the needs of the applicant and the applicants family, we will take into 
account the following. 
 
a  How close it is to the place of work (including a school or college) of the applicant 
and of members of the applicants family, compared with the existing house. 
 
b   What accommodation the applicant and the applicants family needs. 
 
c   The character of the accommodation offered compared to the existing house. 
 
d  The conditions on which the accommodation is offered to the applicant, compared 
with the conditions of the existing tenancy. 
 
e   If the landlord provided any furniture to use under the existing tenancy, whether 
furniture will be provided under the new tenancy. 
 
f  Any special needs of the applicant or the applicants family.
 
 
30 
appendix 5 
Assigning tenancies 
 
A tenant may assign (transfer) their tenancy to another person as long as they get their 
landlords permission in writing.  Applications should be made in writing to the 
Neighbourhood Services Co-ordinator of your neighbourhood office.  
 
We will not unreasonably withhold permission, unless there are justified reasons for this.  
We will deal with all applications individually. 
 
Examples for refusing an application are listed below 
 
  A notice of proceedings for possession has been served on the tenant warning that 
we may evict them. 
 
  We have a court order to evict the tenant. 
 
  The tenant still needs to carry out some repairs which they are responsible for. 
 
  The tenant has asked for unreasonable rent. 
 
  The planned move would result in overcrowding. 
 
  The property is much larger than the person who wants to take over the tenancy 
needs (up to one bedroom more than would be offered under the allocation policy). 
 
  There are plans to carry out work on the house or building. 
 
  The accommodation is designed for a person with special needs, and the person 
who the property is to be transferred to, including family members, does not have 
any special needs. 
 
 
     
 
 
31 
appendix 6 
Mutual exchange 
 
Council tenants have the right to exchange their tenancy with another secure tenant, as 
long as they get their landlords permission in writing.  Applications should be made to the 
Neighbourhood Services Co-ordinator of your neighbourhood office.   
 
We will not unreasonably withhold permission, unless there are justified reasons for this.  
We will deal with all applications individually. 
 
Examples for refusing an exchange are listed below 
 
  The tenant is under a court order giving us possession of the property. 
 
  Notice of proceedings for possession have been issued for any of the following 
reasons. 
 
  The rent has not been paid or the conditions set out in the lease have been 
broken. 
  A nuisance is being caused to neighbours by anyone living in the property, or 
anyone concerned is using it for immoral or illegal purposes. 
  Anyone living in the house has damaged it or has damaged shared areas. 
  Anyone living in the house has damaged our furnishings. 
 
  The accommodation is much larger than the tenants family need. 
 
  The accommodation is not suitable to the needs of the tenants family. 
 
  The accommodation was provided as a result of the tenants employment with the 
council. 
 
  The accommodation was designed for a physically disabled person, and if the 
exchange was allowed there would no longer be a disabled person in the house. 
 
 
If we do not let the applicant know the outcome of the request within one month, they can 
assume we have agreed to their request. 
 
If we refuse a request for a mutual exchange, the applicants have the right to appeal 
against our decision. 
 
 
appendix 7 
Joint tenancy 
 
A council tenant can apply for a joint tenancy with one or more other people. 
Applications for a joint tenancy should be made in writing to the Neighbourhood 
Services Co-ordinator of your neighbourhood office. 
 
Joint tenants will be jointly and separately liable for their responsibilities under the 
tenancy, including paying rent. All joint tenants must live in the property as their only or 
main home.  
 
We will not unreasonably withhold permission for a joint tenancy, unless there are 
justified reasons for this. 
 
We will deal with all applications individually. 
 
Examples for refusing a joint tenancy are listed below. 
 
  Where one of the future tenants owes a lot of rent or has any other tenancy-
related debt. 
 
  Where one of the future tenants has been evicted for antisocial behaviour or 
an interim or full antisocial behaviour order has been made against them. 
 
  Where one of the future tenants refuses to give up their interest in another 
tenancy. 
 
  Where a notice of proceedings for recovery of possession has been issued. 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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0141 840 3063