Allocations Policy

Allocation, Direct Lets, Management Move, Mutual Exchanges and Tenancy Changes Policies.

Who looks after this policy: Operations, Head of housing services
Who approved it: The board
When was it last reviewed: July 2024
When is the next review: July 2027

1. Introduction

This policy sets out how B3Living provide homes for rent, to those in housing need, in the areas where we own and manage properties. The policy includes information on local authority eligibility & nominations, management transfers & mutual exchange.

B3Living will ensure that this Allocations Policy is open and transparent and as easy for customers to understand as possible. We will ensure that we are able to provide fair access to housing that meets the diverse needs of our community.


 

This policy applies to existing and new B3Living customers, who register an interest with their local authority for housing, or a transfer to another property, which is allocated through the local authority nominations process.

This policy also applies to ‘management transfers’ and ‘mutual exchange’, which are ‘direct offer’ schemes, where a customer may be allocated a change in property outside of the normal local authority nominations process.

This policy only applies to allocations for these types of home:
► Social rent
► Affordable rent
► Independent Living (Sheltered and Extra Care homes)

This policy does not apply to allocations for these tenure/property types:
► Market rent
► Market sale
► Shared ownership
► Temporary self-contained lets
► Garages
► Commercial

In addition, this policy does not provide guidance on the following topics which are covered by their own specific policy:
► Tenancy succession rights and appeal process
► Tenancy assignment rights
► Termination of tenancy, evictions, and appeal process
► Change of tenancy type, for example, sole to joint and vice versa
► Temporary re-housing
► Tenancy review process
Allocations Policy

3.1 Local Authority Eligibility and Nominations

3.1.1 B3Living are a charitable organisation who predominantly house charitable beneficiaries and allocate our homes according to the criteria of each local authority and all statutory duties under the Welfare Reform and Work Act 2016, the Housing Act 1996, and Homelessness Act 2002, as amended.


3.1.2 B3Living is committed to working in partnership with all applicable local authorities, to house those who cannot afford the local housing market, through agreed schemes such as the Common Housing Register (Register), Choice Based
Lettings (CBL) and local nomination agreements. This is to allow one point of access to applicants applying for housing through their local authority.


Common Housing Register

3.1.3 All applicants looking for a home, or a transfer to a different home, including those looking to access sheltered accommodation, will need to apply to be
added to this waiting list.


3.1.4 Each local authority will have their own criteria for applicants wanting to join their Register, but usually the following persons will be allowed:
► Count as being legally homeless
► Live in overcrowded or very bad conditions
► Need to move because of a disability or medical reason
► Need to move to care for a relative
► Are leaving care or the armed forces


3.1.5 Although, there may be circumstances that persons in these groups may not be allowed on the Register, for example, they have a history of anti-social behaviour or do not have a local connection to the area. It is therefore important for the applicant to access the applicable local authority’s rules, as this policy does not contain this information.


Choice Based Lettings

3.1.6 When B3Living property becomes available, or are soon to become available, we will inform the relevant local authority who will advertise vacancies through their CBL system.


3.1.7 CBL allows applicants to apply for vacancies which are advertised online. Applicants can see a full range of available properties and can bid (i.e. apply) for any home to which they are matched (e.g. a single person would not be eligible to bid for a three-bed house). The CBL system provides applicants with relevant information that will assist them with making their own rehousing choices.


3.1.8 CBL uses a points-based system with each applicant having a certain number of points based on the priority needs and their current situation. Those with more points are considered a higher priority. The priority level is based on many
factors including:
► homelessness
► size and condition of current home
► local connections
► income


3.1.9 Properties are awarded to the applicant with the most points and for whom the property would be most suitable. The successful applicant is then put forward to B3Living as a nominee for that property.


3.1.10 If there are no bidders for a property in the first bidding cycle, the property will be placed back out through another bidding cycle twice more before B3Living is able to directly nominate someone to the property (please see section 3.3).


3.1.11 Each local authority has their own rules on how they administer their CBL system and what points are allocated for each situation. It is therefore important for the applicant to access the applicable local authority’s rules, as this policy does not contain this information.


Nomination Agreement

3.1.12 There is a statutory and regulatory responsibility for B3 Living to work in partnership with our local authorities to provide accommodation for eligible housing applicants with priority.


3.1.13 B3 Living enter nomination agreements with each applicable local authority to agree how homes will be allocated. These agreements will include what is expected from each other, for example, nominations, acceptance and refusal of nominations, timescales, and dispute resolution.

3.1.14 B3Living has a nominations agreement with the Borough of Broxbourne Council
(Broxbourne Council), who are our principle local authority in which we have agreed to allocate the majority of our available properties.


3.1.15 We may, from time to time, enter into new nomination agreements with Broxbourne Council, or other local authorities, to allocate properties that
become available through new build developments.


3.1.16 On new developments we will generally consider nominations from local authorities for 100% of the properties. However, where planning conditions are not restrictive, we may allocate new properties via other methods.


3.2 B3Living Eligibility and Offer

3.2.1 As part of the nomination agreement between B3Living and each local authority,
there is agreed criteria for the acceptance and refusal of nominations.


3.2.2 On receiving a nomination from a local authority, B3Living will administer the
following checks:
► Is the nominee eligible to become a B3Living customer:
o Over 16 years old and have a guarantor if they are under 18 years old.
o A permanent resident of the UK and not subjected to immigration control.
o Has not been responsible for any serious anti-social behaviour, such as
being served a Criminal Behaviour Order (or equivalent), within the last 3
years.
o Does not have any debts to any association or local authority.


► Can the nominee afford the property? The aim of this financial assessment is to ensure that applicants being rehoused can pay the rent now and for the
foreseeable future, with the help, if necessary, of Housing Benefit or Universal Credit.


3.2.3 Once a suitable nominee is identified, and once the property is available, the Lettings Advisor will arrange for the nominee to view the property prior to accepting it. Upon acceptance, the nominee will be contacted by their Housing and Neighbourhood Advisor to arrange for them to sign their tenancy agreement and collect the keys to the property.


3.2.4 Applicants who either refuse a reasonable offer following a bid, or after viewing a property, will be closely monitored. Applicants who refuse two or more offers will be invited to an interview to discuss the refusal reasons and review the applicant’s requirements, which may result in the demotion of the application.


3.3 Direct Offer (Outside of Local Authority Nomination Process)

3.3.1 There are certain circumstances where B3Living has the right to bypass a local authorities nominations process, or at least part of this process. This is sometimes referred to as a ‘direct offer’ and can provide an opportunity for us to prioritise the needs of our existing customers, above those of new customers.

Following Three Choice Based Letting Bidding Cycles

3.3.2 If a B3Living property has gone through three (3) CBL bidding cycles with either
no bids received, or all applicants were deemed unsuitable, we are able to directly allocate the property to one of our existing customers awaiting a
transfer.


3.3.3 If no suitable transfer is identified, we may consider contacting estate agencies or use direct marketing initiatives to identify a suitable customer. In these circumstances, consideration will also be given to applicants who would in other circumstances not be eligible for the property in question. Any consideration will have due regard to the circumstances of the applicant, sustainability of the
tenancy and the existing customers in neighbouring properties.


3.3.4 In either situation, the relevant local authority will be consulted with and keptinformed to the decision made.


Management Transfer

3.3.5 A ‘management transfer’ is a move to alternative accommodation for customers
should they be deemed at risk of serious harm by remaining in their current accommodation.


3.3.6 The management transfer scheme, with the authority of B3Living and the relevant local authority, will bypass the standard nominations process (either
through direct offer or enhanced points to bid through the CBL system), although there remains a requirement for the customer to apply through the
relevant local authority via the Register.


3.3.7 Circumstances in which a management transfer may be offered include, for example, racial harassment, hate crime, threat of or actual violence, extreme neighbour problems, serious domestic violence.


3.3.8 A management transfer is not to be confused with temporary or permanent re-housing for the purposes of repair emergencies, or where B3Living requires a customer to vacate their home for development needs. Please refer to the Temporary Re-Housing of Customers Policy.


3.3.9 A customer may apply for a management transfer themselves, or this may be
done on their behalf by B3Living with their agreement.


3.3.10 The decision on whether a customer should be offered a management transfer is made at a panel meeting between B3Living and the relevant local authority. Where the majority opinion is that the customer is not safe in their current home, then alternative accommodation will be offered through a management
transfer.


3.3.11 Following the decision from the panel meeting, the customer may appeal by following the management transfer appeals process, which will be provided to the customer at the time of the decision.


3.3.12 A management transfer will only be offered when all other reasonable options have been exhausted, or are inappropriate and there is no other solution, or course of action available, or practicable.


3.3.13 B3Living and the local authority must also be satisfied that the situation will be resolved by a transfer of accommodation. Information will usually be sought from the Police, Community Mental Health Team, or other support agencies to demonstrate that a risk of harm exists, and that this risk will be significantly reduced by a management transfer.


3.3.14 In exceptional circumstances where it is considered that such delay would result in the individual being placed at risk, these actions may be waived.


3.3.15 Where a management transfer is deemed appropriate and necessary, customers will be moved in accordance with the relevant local authorities’ allocations policy.
This may mean the customer is a priority nominee for the next suitable property that becomes available or be given a significant points allowance to bid for a
property themselves through a CBL system.


Mutual Exchange

3.3.16 The Tenancy Standard contains specific requirements around a ‘mutual exchange.’ It states that we should consider the housing needs and aspirations of customers and potential customers, living in eligible housing, to mutually
exchange their homes.


3.3.17 The mutual exchange process is managed outside of the local authorities' nomination and allocation process, therefore, there is no requirement for our customers to apply to, or communicate with, their local authority.


3.3.18 Customers can access various tenancy exchange websites where they can register their details, receive information on available properties, contact other tenants and organise viewings.


3.3.19 Once a customer has found a property they are interested in and a tenant who is happy to swap, they must then apply in writing to B3Living for consent to the mutual exchange by completing an application form. In accordance with legislation, a written decision following a request for consent to exchange will be issued to our customer within forty-two (42) days.


3.3.20 When considering the right for a customer to exchange, B3Living will apply the relevant statutory and regulatory guidance, which is largely determined by the type and date of tenancy and ensuring a like for like property exchange. Where elements of the exchange are not set out in law we will use our discretion, taking into consideration all the facts, to make our decision.


Extra Care
3.3.21 B3Living’s Extra Care (occasionally referred to as Flexicare) schemes provide independent living for our older customers with higher care needs. They benefit from on-site carers and a regular (5 day a week) presence from a member of the
B3Living Independent Living Team.


3.3.22 Whilst applicants for one of our two Extra Care schemes (Emmanuel Lodge and Wormley Court) are still required to apply through the local authority, there is no requirement for allocations to go through the local authorities’ nominations process and are therefore dealt with through a direct offer.


3.3.23 The customer must be assessed by the local authority’s Adult Care Services Team to enable an assessment of the applicant’s care needs and ensure eligibility for the schemes. An assessment is also carried out by a member of B3Living’s Independent Living Team.


3.3.24 Extra Care applications are then reviewed by a panel, comprised of representatives from B3Living, Adult Care Services Team and Abbotts Care (who
provide care in the schemes). If deemed to be eligible, the customer will be added to the waiting list, which is held by B3Living.


3.3.25 Extra Care homes will be allocated based on priority and suitability and applicants may be offered a home at either of the schemes. Please see the
Flexicare Lettings policy.

4.1 This policy applies to all customers regardless of identity or protected group. It
outlines the standards that customers can expect from B3Living and the responsibilities of us as a landlord and of our customers. It is based on best practice in the sector and statutory/regulatory requirements.


4.2 Assistance will be provided to anyone who may need help to make an application, or needs information in an alternative language or formats, i.e. braille, large print, audio.

4.3 An initial Equality Impact Assessment (EIA) was completed to ensure the policy does not discriminate or disadvantage any of our customers. The EIA concluded that this policy does not disadvantage any of the identified equality groups and
that a full EIA is not required.

5.1 Applicants must disclose personal data to the local authority at the point of application, which is then shared with B3Living at the point of nomination.

5.2 This data is held securely and disposed of appropriately in-line with GDPR and only information which is essential is shared between a local authority and B3Living.

6.1 Customers are consulted on their view of the lettings process throughout the process and 6 weeks after moving into their new home. Data from these surveys is utilised to improve the service.

7.1 This policy adheres to all relevant statutory and regulatory requirements, in addition to having due regard to relevant industry best practice.


7.2 The following lists are by no means exhaustive, although are the key documents this policy has taken into consideration:


7.3 Statutory/regulatory:
► Housing Act (1985, 1988, 1996 and 2004)
► Housing (Homeless Persons) Act (1977)
► Homelessness Act (2002)
► The Homelessness Reduction Act 2017
► Localism Act 2011
► Welfare Reform Act 2012
► Welfare Reform and Work Act 2016
► Land Compensation Act 1973
► Immigration Act 2014
► The Equality Act 2010
► Regulatory Framework for Social Housing in England


7.4 Standards/guidance:
► Tenancy Standard
► Allocation of accommodation: guidance for local housing authorities in England