Appendix A
Housing Allocations Policy – Discharge of the Main Homelessness Duty
Background
This policy is an addition to the Council’s Housing Allocations Policy which was adopted in
January 2013.
The Localism Act 2011 introduced changes in the way local authorities may discharge their
main homelessness duty by securing a suitable offer of accommodation in the private sector.
This took effect in November 2012, prior to which such a measure could only be taken if the
applicant was in agreement to this type of offer.
The privately rented sector (PRS) within Three Rivers has grown from 5.7% of the total stock
in 2001 to 10.6% in 2011. Despite this, there is an extremely short supply of affordable
rented homes for those with limited means.
In early 2013 the council established its own Social Lettings Agency, Easy Let, partly in
response to the new powers for housing the homeless. The unpredictability of the supply of
homes being made available through the scheme is a key factor in shaping this policy. For
example, it is not practical to state that all accepted homeless families will be offered a
suitable property in the private sector as the likelihood of a lengthy wait for one to become
available may necessitate an unacceptably protracted period in temporary accommodation.
The policy, therefore, gives preference to certain types of accommodation in particular
circumstances but there is recognition that there will inevitably be frequent exceptions made.
The Policy
The Council will facilitate the offer of a suitable private rented sector tenancy to end its
rehousing duty which arises under section 193(2) of the Housing Act 1996 (the main
homelessness duty).
The circumstances in which the power will be used
When a PRS property is secured for letting, tenant selection will usually be in the following
order of priority;
1. Homeless applicants for whom the council has accepted the duty to secure
accommodation and who do not meet the Housing Register local connection criteria.
2. Other accepted homeless applicants who do meet the LC criteria.
3. Homeless applicants who are under investigation where the likely outcome is that a
rehousing duty will be accepted.
4. Others who, although not statutorily threatened with homelessness, are likely to be so
within the reasonably near future and will be owed a rehousing duty by the council.
5. Non-priority homeless people.
6. Housing Register applicants, in priority order.
7. Nominations from neighbouring local authorities.
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Exceptions may be made where other overriding operational factors exist. For example, a
family accommodated in Bed and Breakfast accommodation may take precedence even if
not in the highest category.
Discharge of the Council’s main homelessness duty will have been satisfied only where the
offer is made to the first two priorities.
Where an offer is made to those in category 3, this will be interim accommodation. If the
Council subsequently accepts the main homelessness duty, this may be discharged by the
offer of an extension of the tenancy of that property.
Choice Based Lettings
Accepted homeless applicants are normally allowed a 4 week period in which to bid for
socially rented homes within the scheme. If unsuccessful, bids for suitable properties will be
made on their behalf by a Housing Officer.
Where a suitable PRS letting becomes available during the 4 week period, a direct offer may
be made and the right to continue bidding for other properties is immediately revoked.
If a suitable PRS property becomes available after the 4 week period, this may be offered
directly to the applicant.
Where an applicant accepts the offer of a property and the Council’s duty is discharged, they
may apply for the Housing Register from their new home.
Suitability of the Offer
In considering whether an offer of accommodation is suitable, the council will have regard to
the Homelessness (Suitability of Accommodation) Order 2012 and paragraphs 17.40 and
17.41 of the Homelessness Code of Guidance.
The suitability of location will be assessed in relation to the applicant’s individual
circumstances relating to employment, caring responsibilities, education, health care and any
other issues which may be affected by the property location. The availability of transport and
other essential services will be taken into account.
The potential for disruption to an applicant will be given particular consideration when the
accommodation to be offered is not located within the District. However, such property will
only be accepted into the Easy Let scheme where it is in a District adjoining Three Rivers
and is within easy reach by public transport.
The applicant’s financial means will be assessed to ensure that the rent and all other costs
associated with the property remain affordable for the duration of the tenancy, while enabling
them to meet all other reasonable living expenses.
An Officer working within the Easy Let scheme is dedicated to supporting tenants and
assisting them to sustain their tenancies. Their role includes advising on budgeting,
negotiating with creditors, maximising Benefits claims and referring to more specialist
agencies.
Subject to the availability of funds, the Council will consider ‘topping up’ the Local Housing
Allowance or the tenant’s rental payments for the duration of the tenancy or until the tenant’s
financial circumstances change, in order to render the accommodation affordable.
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A checklist based on the National Homeless Advice Service (NHAS) model is in use. This
prompts Housing Advice Officers to consider all relevant matters and to record their
conclusions (Appendix A).
The suitability of property condition is a further consideration. The checks and procedures
in place for the Easy Let scheme are designed to ensure that the physical condition of all
accepted properties exceed the standards contained in the Homelessness (Suitability of
Accommodation) Order 2012. The main considerations are;
- Electrical safety certification
- Fire safety
- CO poisoning – there must be adequate carbon monoxide alarm/s
- The property has a valid Energy Performance Certificate (EPC)
- Gas safety certification
- That a written tenancy agreement will be provided
- That the landlord is a fit and proper person to act in the capacity of landlord
A detailed inventory of every property is recorded and agreed with the landlord and tenant.
The form of tenancy offered in discharging the main homelessness duty will be an Assured
Shorthold Tenancy with a minimum 12 months term.
Refusals
In the event that an applicant either refuses a suitable offer of accommodation made to
discharge the Council’s main duty or accepts but a review of the decision has been
unsuccessful, the council will have ended its statutory homelessness duty and no further
offer will be made.
Policy Review
The effectiveness of this policy will be reviewed annually, from August 2013. In addition, it
may be necessary to carry out further reviews in response to new legislation, Government
guidance or case law.
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Appendix A
Checklist for acceptance of full homelessness duty and ending the main duty
into private rented sector via The Localism Act 2011
Contents
Part 1 - Key considerations .................................................................................................1
Part 2 – Acceptance of duty.................................................................................................1
Part 3 – Temporary accommodation ...................................................................................1
Part 4 – Ending the main homelessness duty into privately rented accommodation .....2
Part 5 – Suitability ................................................................................................................2
Annex 1 Guidance on suitability of accommodation – ending the main homelessness
duty into private sector accommodation ............................................................................6
Location of the property...................................................................................................................... 6
Physical condition of the property ...................................................................................................... 7
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Part 1 - Key considerations
If the client is owed a full housing duty, whether the authority is providing temporary
accommodation s193(2) Housing Act 1996
The authority has considered if the offer of accommodation is a suitable offer, within the
requirements of the suitability of accommodation order 2012. Please see annex 1 for guidance.
Has the client been placed on the allocations register as a qualifying person s160ZA(6) Housing Act
1996, as inserted by s.146 Localism Act 2011, adherent to the authorities own allocations policy and
taking into consideration the client’s individual circumstances
Is the homelessness duty being discharged by way of a private rented sector (PRS) offer s148 & s149
localism act 2011
Part 2 – Acceptance of duty
1. The authority has accepted a full homelessness duty under s193 of the Housing Act 1996 and
is satisfied that no referral is being made to another authority under s198 of the Housing Act
1996
Yes
No
2. Has the client accepted an offer of privately rented accommodation, on or after 9 th
November 2012, as a cessation of the main homelessness duty within the last 2 years?
Yes
No
If yes, and provided the client is homeless, eligible for assistance and not
intentionally homeless, the client will continue to be owed the main housing duty
regardless of whether they continue to have priority need for accommodation or
not* (s.195A Housing Act 1996, as inserted by s. 149(4) Localism Act 2011)
*please note this provision does not apply to restricted cases, contact the NHAS consultancy
line on 0300 330 0517 for further help if required
Part 3 – Temporary accommodation
3. Has a written offer of suitable temporary accommodation been made to the client, notifying
the client of the consequences of refusing an offer including their right to request a review?
Please note that Article 2 of the Suitability of Accommodation Order includes any offer of
accommodation made under the homelessness duty, including temporary accommodation.
All offers of accommodation must be suitable, having regard to chapter 17 of the
Homelessness Code of Guidance
Yes
No
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If no, reasons are;
Suitability of accommodation will need to take into account a number of factors and will
be individual to each case. Please see Annex 1 for guidance on suitability of temporary
accommodation
Part 4 – Ending the main homelessness duty into privately rented
accommodation
4. Is the authority ending the main homelessness duty to the client by way of a private rented
sector offer, being made under s193(7AA) of the Housing Act 1996 (as amended by s148(5)
Localism Act 2011)
Yes
No
Part 5 – Suitability
Property Address:
Name of prospective tenant:
Family composition:
When making the offer of privately rented accommodation, the authority must be satisfied that the
offer fulfils the requirements of the Homelessness (Suitability of Accommodation) (England) Order
2012 and has had regard to both the Homelessness Code of Guidance and to the Supplementary
Guidance on the Homelessness Changes in the Localism Act 2011. Please see Annex 1 for guidance.
5. Has the tenant been advised on their housing benefit entitlement, giving specific detail of any
shortfall in rent and what the client may do to meet this? The authority may wish to
complete an affordability assessment, which should be held on the client’s file.
Yes
No
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If there is a shortfall in rent, how will this be met? (NB if there is a shortfall in rent, please
note specifically the reason(s) this is considered to be a suitable offer)
6. In making the offer of accommodation, is the authority also satisfied on each of the following
matters?
Yes
No
a. That it has taken account of the significance of any disruption which would
be caused by the location of the accommodation to the employment,
caring responsibilities or education of the client or members of his / her
household.
Comments
b. That it has considered the proximity and accessibility of the
accommodation in relation to medical facilities and other support, which
are currently used by or provided to the client or members of their
household and / or are essential to the well being of the client or to
members of the household
Comments
c. That it has considered the proximity and accessibility of the accommodation to
local services, amenities and transport
Comments
d. That the accommodation is in reasonable physical condition
Comments
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7.
Is the accommodation offered within the local authority district?
Yes
No
As far as reasonably practicable, authorities are still required to secure accommodation in
their own area (s208 Housing Act 1996). Please see Annex 1 paragraphs A - C for guidance on
suitability of accommodation offered outside of area.
If it has not been possible to provide accommodation within the district, please note reasons
below (having regard to sections A – C in question 6, above)
8. Has the client viewed the property?
Yes
No
Was the client accompanied by a local authority representative?
Yes
No
If yes, who attended with the client?
Name…………………………………………………………………………………………….
Position …………………………………………………………………………………………
Date……………………………………………………………………………………………...
9. Has the client received a written offer of accommodation, informing them of the
consequences of refusing or accepting the offer and their right to request a review of the
accommodation offered to them?
Yes
No
It is imperative that it is made clear to the client that if they have requested a review and
refused the authority’s offer of accommodation, that there will be no duty to provide
accommodation or make further offers if the review is unsuccessful.
The authority will need to consider the situation where a client is successful at review but
has already entered into a fixed term agreement with a private landlord. The authority
may need to take steps to negotiate with landlords, which could include;
o Agreement of a suitable break clause, allowing the tenancy to be terminated early
o Providing replacement tenants
o A form of cash incentive to compensate for loss of rent
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10. Has the client accepted the offer of accommodation?
Yes
No
If no, what reason was given?
11. Has the client requested a review of the suitability of the accommodation?
Yes
No
Date of review request ……………………………………………………………………….
Comments / outcome (if known)
12. Is the authority’s duty being ended either as a result of acceptance or refusal of this offer?
Yes
No
The authority has a discretion not to discharge its duty despite the refusal by the client of an
offer which the authority considers suitable. If another offer is not being made to the client,
please record reasons below.
In order to discharge duty, the authority will need to check that the original application was
made on or after 9th November 2012, or for applications made after this date that no duty
has arisen to provide either interim or temporary accommodation to the client.
Date of application …………………………………………………………………………….
Any other comments
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Annex 1 Guidance on suitability of accommodation – ending the main
homelessness duty into private sector accommodation
Location of the property
a. The authority should have a record of options considered before making an out of area
offer and clear reasons for making the offer. If it is not reasonably practicable to offer
accommodation within the local authority district, the reasons for this must be stated.
Where possible, authorities should try to secure accommodation that is as close as
possible to where the applicant was previously living. The client must be given
opportunity to view the property and sufficient time to consider whether to accept the
offer. There should be a clear record of the distance between the accommodation
offered and the client’s current accommodation.
b. The authority must consider any disruption which an out of area offer would make to the
client. The authority may wish to complete a financial statement showing travel costs
between work and school and costs of the new accommodation. The authority will also
need to consider:
i.
whether an out of area placement will necessitate a change of school for one or
more children in the household; and
ii.
whether any increased travelling distance will have a detrimental impact on the
client’s ability to attend work, and whether the authority has investigated any
alternatives that may be available to the client (such as a transfer, if the
employer will allow this).
c. The authority must consider the medical needs of the client and any members of his/her
household, and these needs must be recorded on the client’s housing file. This may
include any medical evidence provided by the client or obtained by the authority. There
should be a specific consideration of medical needs in relation to the accommodation
offered and to any concerns raised by the client. For example, where a client or a
member of his/her household has mobility issues and is offered a property with stair
access, there must be a record of how this problem is to be addressed.
d. The authority must also take into consideration access to and proximity of local services,
transport and amenities, especially those which are specific to the client’s circumstances.
This would include the availability, frequency and cost of public transport to work and/or
school.
e. Where the authority places the client in the area of a different borough, it must notify
the receiving borough of the placement within 14 days of the accommodation being
made available to the client, including any relevant information on the household (e.g. if
the household contains a child on the child protection register).
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Physical condition of the property
a.
An officer of the authority must carry out an inspection of the property, (with reference
to DCLG Supplementary Guidance Nov 2012), and noting any concerns in regard to the
condition of the property, as well as any agreements with the landlord to carry out
repairs or improvements to the property prior to commencement of the tenancy. The
authority will have a written record of the attending officer and the date of the
inspection(s), together with any comments or relevant documentation.
b.
The authority must document evidence of any hazards found in, or in relation to, the
property. The authority must be satisfied that there are no category 1 hazards in the
property. Any hazards must be addressed with the landlord, with clearly documented
instructions for any works to be undertaken and timescales agreed.
c.
A record must be kept on file of any checks made to;
i.
ii.
iii.
The electrical safety of the property, including any equipment and appliances
supplied by the landlord; any fire precautions taken by the landlord, including
installation of any fire safety equipment
Any precautions taken against the risk of carbon monoxide poisoning, such as
alarms fitted in the property
The authority must obtain and keep on file a copy of a valid energy
performance certificate held by the landlord.
A suitable inventory should be completed and held on the client’s file.
d.
If the accommodation is in a house in multiple occupation (HMO) the authority must be
satisfied that the landlord has complied with any licensing requirements to which the
HMO may be subject under sections 55 and 56 of the Housing Act 2004. The authority
should also be satisfied the landlord has complied with any selective licensing regime
operated by the authority in the area. For further help and advice on this requirement,
please contact the NHAS consultancy line on 0300 330 0517
The authority will keep on record copies of any related documentation regarding
licensing for the property.
‘Fit and proper person’
The authority has made all necessary enquiries into the landlord’s previous conduct.
This may include (but not exhaustive);
 a Criminal Records Bureau (CRB) check
 enquiries with local police
 enquiries of the authority’s tenancy relations officer or environmental health
department as to previous offences or instances of discrimination or other
contraventions of housing law.
Where the accommodation offered is outside its area, the authority will need to carry
out these checks with the “receiving” authority.
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