Common Allocation Policy for Tees Valley Lettings Partnership

Referred to as 'the register' throughout this document, this is a single list of all the applicants who have registered and been accepted on to this scheme.

Persons who are eligible

Anyone over the age of 16 years can apply to join the register, providing they are eligible:

• UK nationals who are habitually resident and are 16 years of age or older   
• non-UK nationals with a 'right to remain' and access to public funds
• have a local connection in line with homelessness legislation, for example connection to one of the partnership local authority areas

Local connection 

Applicants will be counted as having a local connection to Middlesbrough, Redcar and Cleveland or Stockton local authority partnership areas if they fit into one or more of these categories:

• live in the local authority area and have lived there for 6 out of the past 12 months or 3 out of the past 5 years
• they have close family connections with someone who has been resident in the local authority area for a minimum of 5 years - a close family connection is defined as a parent, adult child, grandparent, grandchild, sibling, legal guardian
• their regular place of work is located within the local authority area

Exclusions would apply to accommodation that an individual may have been directed to reside such as approved premises, prison and bail hostels. It also would not include care homes and hospitals. 

Exceptions

Applicants leaving the Armed Forces, divorced or separated spouses or civil partners of service personnel who need to move out of accommodation provided by the Ministry of Defence will also be exempted from local connection requirements. A local connection will be applied across all 3 partnership local authority areas for these applicants.

Victims of domestic abuse will not need to have a local connection in line with statutory guidance - Improving access to social housing for victims of domestic abuse - GOV.UK.

Applicants eligible under the current Homes for Ukraine Scheme will have a local connection to the local authority of the host family that they were placed with.

European Economic Area (EEA) applicants

The Tees Valley Lettings Partnership follows UK government guidance in relation to applications from EEA citizens and applicants subject to Immigration Control. Read a copy of the allocation of accommodation guidance for local authorities.

Persons who are not eligible

Applicants need to meet the requirements of section 160Z of The Housing Act 1996 which deals with the immigration status of people who have come to the UK from abroad.

For example, we cannot allow people to join the register who fall into one of the 'ineligible' groups:

• people who have no access to public funds, for example failed asylum seekers
• people who are subject to immigration control unless they have been granted refugee status, exceptional or indefinite leave to remain, are the subject of a sponsorship undertaking
• some EEA nationals that are not eligible for social housing
• people not habitually resident in the common travel area unless they are exempt
• EU nationals required to leave the UK by the UK Government
• an EEA national who has entered the UK as a job seeker or a family member of a job seeker
• an EEA national with an initial right to reside in the first 3 months of residence
• an EEA national with a derivative right to reside based on being a non-EEA national who is the primary carer of a British citizen child or dependent adult, where such child or dependent adult would be unable to live in the UK or another EEA state if their carer left the UK (a Zambrano carer)

Non-qualifying for 'unacceptable behaviour' reasons

An applicant, or member of their household, will not qualify or be denied access to the register if they have been found responsible for unacceptable behaviour, and will be excluded from the register for 12 months.

At the end of the non-qualification period, the applicant will need to submit a new application which will be assessed by the relevant partner. If the applicant has rectified the behaviour that originally led to the non-qualification decision, they will be permitted onto the housing register. If the applicant has not demonstrated improvement in their behaviour, their application will not be accepted for a further 12 months.

Some examples of unacceptable behaviour are::

• convictions for some drug related offences, which would be considered a threat to the community
• convictions for violent offences which would be considered a threat to the community
• convictions for sex offences which would be considered a threat to the community
• any other conviction which we would consider would pose a threat to the community
• perpetrator of domestic abuse
• perpetrator of abuse, violence, or threats towards a member of staff
• history of anti-social behaviour
• outstanding housing debt of more than £1,500.00 which include rent arrears, court costs, rechargeable repairs
• an eviction from accommodation as a result of a breach of the tenancy agreement or licence
• providing false or misleading information

Spent convictions will not be considered during an assessment as per Guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975 - GOV.UK.

Each case will be considered on an individual basis and exceptional circumstances will be considered. Before we decide whether to make an applicant non-qualifying, we will suspend the application while we gather evidence such as references from current or previous landlords, rent statements, photographic evidence of damage, information from policy or probation or carry out any other investigation required to make our decision.

When an applicant is made non-qualifying, they will be informed via letter or email of the reasons for this decision, the period of non-qualification and what they can do to rectify the situation. Applicants can request a review of this decision within 21 days of the date of notification. (See right to review a decision).

During the period of non-qualification, further applications will not be accepted unless the applicant provides evidence to suggest that the reasons for the non-qualification decision are no longer valid.

Suspended applicants

Applicants who are responsible of less serious behaviour may have their application suspended for a specified time period. This means that applicants will still be allowed to register but would not be able to apply for a home until they have provided evidence of their modified behaviour.

If an applicant is to be suspended, the applicant will be informed of the reasons for the decision, the period is suspension and what can be done to rectify the situation. See Appendix 5 for some examples of suspension reasons. Applicants can request a review of this decision within 21 days of the date of notification (see right to review a decision).

Cases of serious anti-social behaviour

Due to the impact of anti-social behaviour and the impact this has on communities, applicants will be excluded from joining the register for 36 months when the applicant or any member of the household who has been served notice, evicted or has been subject to a property closure due to anti-social behaviour. 

If the applicant has rectified the behaviour that originally led to the non-qualification decision, they will be permitted onto the housing register. If the applicant has not demonstrated improvement in their behaviour, their application will not be accepted for a further 12 months.

Joint applications

Joint applications will be accepted provided all applicants are eligible, aged 16 or over, and intend to occupy the property together as their only or main home. The joint application will be assessed and placed in a priority band using the details of the household with the greatest housing need.

Multiple applications

Multiple applications are not allowed. A person can only be on the register with one live account.

Re-applying for housing

If an applicant has been housed via the scheme and then wishes to move to an alternative property, they would need to register a new application which will be assessed based on their new circumstances.

Applicants who already rent from one of the partners (a current tenant) can register to move and will have their housing application considered by the relevant partner landlord and may be subject to checks in line with their Tenancy Management Policies.

Applications from employees or members and their close relatives

Applications can be accepted from employees, board or elected members and their close relatives of the partnership, provided they meet the eligibility criteria set out within this document. Applicants must tell us about any such relationship at the time of registration. To ensure fairness, checks will be completed before any offer is made to people in this category.

Giving false information or deliberately withholding information

It is a criminal offence for anyone applying for housing from a housing authority to knowingly or recklessly give false information which is relevant to their housing application (Section 171 of the Housing Act 1996).

Anyone found guilty of such an offence may be fined up to £5,000 and could lose the tenancy if they have been rehoused as a result of providing false information or deliberately withholding information, for example, withholding criminal convictions or falsifying documents.

The partnership will consider taking further action against a professional or voluntary organisation that provides false information or deliberately withholds information on behalf of an applicant they are representing.

Applicants who have yet to be rehoused and are found to have given false information will be made non-qualifying for 12 months and will need to submit a new application after this time.