BRENT HOUSING

ALLOCATIONS SCHEME
(Revised March 2022)

As required by Part VI of the Housing

Act 1996, as amended by the Homelessness
Act 2002, the Localism Act 2011 and
the Homelessness Reduction Act 2017
Contents
1. Introduction......................................................................................................................................... 6
1.1 Statement of choice ...................................................................................................................... 6
1.2 Brent’s housing register ................................................................................................................ 7
1.3 Partner organisations .................................................................................................................... 7
1.4 What is a housing allocation?........................................................................................................ 8
1.5 Choice based lettings..................................................................................................................... 8
1.6 Aims and objectives of the housing allocations scheme ............................................................... 9
1.7 How the housing allocation scheme will operate ......................................................................... 9
2. The legal framework.......................................................................................................................... 10
2.1 Housing Act 1996 (as amended) ................................................................................................ 10
2.2 Reasonable preference ............................................................................................................... 11
2.3 Equality and diversity .................................................................................................................. 12
2.4 Reviewing and monitoring the housing allocations scheme ....................................................... 12
3. Applying to Brent’s Housing Register ................................................................................................ 14
3.1 Who can apply? ........................................................................................................................... 14
3.2 Joint applicants ............................................................................................................................ 14
3.3 People who can be included in an application ............................................................................ 14
3.4 People giving or receiving care.................................................................................................... 15
3.5 Family members not currently living with the applicant ............................................................ 15
3.6 Applicants who are ineligible for housing ................................................................................... 15
3.7 Applicants who are ineligible due to immigration rules ............................................................. 16
3.8 Do not qualify due to unacceptable behaviour or actions .......................................................... 16
3.9 Do not qualify due to length of residence in the borough .......................................................... 17
3.10 Do not qualify because meet asset/income threshold ............................................................. 17
4. How the housing register works........................................................................................................ 19
4.1 How to apply to join the Housing Register.................................................................................. 19
4.2 Civil partnerships and cohabitees ............................................................................................... 19
4.3 Applicants consent and declaration ............................................................................................ 19
4.4 Notification of changes in circumstances.................................................................................... 19
4.5 Renewal of housing applications ................................................................................................. 20
4.6 Cancellation of housing applications........................................................................................... 20
4.7 Verification of housing applications ............................................................................................ 20
5. Assessment and prioritising housing applications ............................................................................ 21
5.1 Prioritising Housing Register applicants ...................................................................................... 21
 5.2 Bedroom entitlement .................................................................................................................. 21
5.3 Assessment of housing applications ........................................................................................... 22
5.4 Deciding on priority date ............................................................................................................. 23
5.5 Applicants who have deliberately made their housing situation worse ..................................... 23
5.6 Owner occupiers.......................................................................................................................... 24
6. Finding a home .................................................................................................................................. 25
6.1 Choice based lettings................................................................................................................... 25
6.2 Circumstances when eligible applicants will not be able to participate in choice based lettings
........................................................................................................................................................... 25
6.3 Advertising available homes........................................................................................................ 26
6.4 Labelling of properties................................................................................................................. 26
6.5 Expressing an interest in available homes .................................................................................. 27
6.6 Applicants who may be suspended from bidding ....................................................................... 28
6.7 Shortlisting of interested applicants ........................................................................................... 29
6.8 Failure to attend a viewing .......................................................................................................... 29
6.9 What are allocations under this scheme? ................................................................................... 30
6.10 Properties not offered through choice based lettings .............................................................. 30
6.11 Properties selected for ‘direct lets’ ........................................................................................... 31
6.12 Sensitive lets assessment .......................................................................................................... 32
6.13 Making an offer of accommodation .......................................................................................... 33
6.14 Refusing an offer of accommodation ........................................................................................ 33
6.15 Refusing a direct offer of accommodation................................................................................ 34
6.16 Failing to respond to an offer of accommodation .................................................................... 34
6.17 Discretionary powers ................................................................................................................ 35
6.18 Accepting an offer of accommodation ...................................................................................... 35
6.19 Withdrawing an offer of accommodation ................................................................................. 36
6.20 Feedback on the letting of social housing ................................................................................. 36
6.21 Homes in lower demand ........................................................................................................... 36
7. Rights of information..................................................................................................................... 37
7.1 Your information and rights ....................................................................................................... 37
7.2 Confidentiality ............................................................................................................................ 37
7.3 Access to personal files......................................................................................................... 37
7.4 Misrepresentation and fraud ............................................................................................... 37
8. Reviews, appeals, complaints, Councillors and monitoring ........................................................ 38
8.1. Right of review ...................................................................................................................... 38
8.2 How to request a review ...................................................................................................... 38
 8.3 Requesting a review of the suitability of an offer of housing ............................................... 38
8.4 The council’s complaints procedure ......................................................................................... 39
8.5 Local Government Ombudsman .......................................................................................... 39
8.6 Councillors’ involvement in decision making ............................................................................ 40
8.6.2 Members of the Council, staff and their relatives ........................................................... 40
8.7 Equal opportunities and monitoring .................................................................................... 40
Brent Council is committed to the principle of equal opportunities in the delivery of all of its
services. Brent Council will seek to ensure that its Housing Allocations Scheme is applied in a
manner that is fair to all sections of the community regardless of nationality, ethnic origin, marital
status, pregnancy or maternity, religion or belief, age, sex, gender reassignment or disability. ........ 40
9. Offering housing to applicants who owe rent ................................................................................... 41
10. Tenancy matters ............................................................................................................................. 42
10.1 Introductory and fixed term tenancies ..................................................................................... 42
10.2 Fraud investigation .................................................................................................................... 42
10.3 Sustaining a tenancy.................................................................................................................. 42
10.4 Joint tenancies ........................................................................................................................... 42
11 Local lettings policies........................................................................................................................ 44
11.1 Introduction............................................................................................................................... 44
11.2 Legislation and guidance ........................................................................................................... 44
11.3 Purpose of local lettings policies ............................................................................................... 44
11.4 Local lettings policies – properties ............................................................................................ 45
11.5 Local lettings policy – people .................................................................................................... 45
11.6 Monitoring and review .............................................................................................................. 46
12 The Banding scheme ........................................................................................................................ 47
12.3 Demand groups ......................................................................................................................... 47
13. Explanation of demand groups ....................................................................................................... 52
13.1 Medical assessments ................................................................................................................. 52
13.2 Overcrowding ............................................................................................................................ 53
13.2.2 Statutory Overcrowding ......................................................................................................... 53
13.2.3 Overcrowding by the space and room standard .................................................................... 54
13.3 Under-occupation...................................................................................................................... 55
13.4 Poor housing conditions ............................................................................................................ 56
13.5 Permanent council decant of council tenants where demolition, refurbishment or sale is
approved ........................................................................................................................................... 56
13.6 Applicants for whom Brent council has accepted a rehousing duty under the homelessness
legislation .......................................................................................................................................... 57
13.7 Emergency management transfers ....................................................................................... 57
13.8 Homeless applicants owed a duty to be rehoused under homelessness legislation ............. 58
13.9 Decant moves (for essential repairs)......................................................................................... 59
13.10 Decant moves (for redevelopment/regeneration) ................................................................. 60
13.11. Working households............................................................................................................... 60
13.13 Move on from care .................................................................................................................. 62
13.14 Registered foster carers adopters and special guardians ....................................................... 62
13.15 Applicants in prison ................................................................................................................. 62
13.16 Housing for older people ......................................................................................................... 62
13.17 British armed forces ................................................................................................................ 63
13.19 Tenancy succession ................................................................................................................. 63
13.20 discretionary tenancy .............................................................................................................. 65
13.22 Applicants who have negotiated the surrender of their former council tenancy .................. 66
13.23 Discretionary powers .............................................................................................................. 67
1. Introduction
This document is the London Borough of Brent’s Housing Allocations Scheme for:

• Assessing applications to the Council’s Housing Register, and

• Allocating social housing which are homes owned by the Council and Registered
Providers (RP’s) like Housing Associations

Applicants are advised there is an extremely limited supply of social housing in Brent. Due to the
high demand for social housing in the borough; most applicants who are able to join the Housing
Register are unlikely to be offered a council or housing association home. The Housing Register
enables the Council to prioritise those households in greatest need for social housing in line with
this Allocations Scheme.

1.1 Statement of choice

1.1.1 The council is committed to provide a fair and transparent service to meet the needs of
everyone who is eligible and qualifies to join the Housing Register. Our aim is to achieve this by:

• Listening to and responding to the needs of our customers.

• Ensuring that any allocation does not discriminate in relation to any of the nine
protected characteristics of age, disability, gender reassignment, marriage and civil
partnership, pregnancy and maternity, race, religion or belief or sex.
• Ensuring that every allocation is in accordance with our Public Sector Equality Duty
under section 149 of the Equality Act 2010.
• Offering choice of accommodation, within the constraints of available supply.
• Giving the applicants the opportunity to express preferences about their
accommodation whenever possible, whilst at the same time allowing us to meet the
needs of the borough in relation to housing, health and social care, sustainable
communities and value for money.
• Meeting our legal and strategic obligations and requirements in a way that also takes
into account the needs of local communities.
• Setting out clear standards for the services we provide, so that everyone knows what to
expect.
• Writing our publications in plain English and offering translations, large print or a reading
service where needed to help customers make informed choices about their housing.
• Ensuring that decisions are made in accordance with this Allocations Scheme and
confirmed in writing to applicants.
• Providing comprehensive and accurate advice and information (in person and over the
telephone) about social housing and other housing options including how to access
them.
• Signposting and linking customers to the appropriate team, service or organisation
where specialist advice is required.

1.1.2 If you are applying for housing, it is your responsibility to:

• Provide full and accurate details on all forms or correspondence in relation to your
application for housing.
• Tell us immediately if your circumstances change in any way, for example, your address,
family details or medical condition.
• Respond to all of our requests for information.
 • Make a decision on viewed properties within the specified timescale agreed with the
landlord.

1.2 Brent’s housing register

1.2.1 Brent’s Housing Register is a local register of housing need. All applicants seeking social housing
in Brent must apply through its Housing Register. Throughout this document, we refer to people
seeking access to social housing for rent or low cost home ownership options as “applicants”.

1.2.2 Applicants are advised that, due to the high demand for social housing in the borough, the
demand for housing exceeds supply therefore, applicants are encouraged to consider alternative
housing options based on their identified need.

1.2.3 The Housing Register also provides information on local needs, which the Council and its
partners use to develop new affordable housing.

1.2.4 The Housing Allocations Scheme sets out:

• The objectives of the Housing Allocations Scheme

• How the Housing Register operates

• Who is eligible to be rehoused

• How applicants’ housing needs are assessed

• How social rented homes are let

• How the choice based lettings allocations scheme operates

1.2.5 The Housing Allocations Scheme will operate through a choice based letting (CBL) system and
Housing Allocations Scheme. However, there may be local variations in order to make best use of
social housing, in which case eligibility for properties will be clearly labelled in the advertisement.

1.2.6 The choice based letting system is designed to be easy to use, and allows applicants to have an
understanding of their housing situation, enabling them to make the best choice from the housing
options available to them.

1.3 Partner organisations

1.3.1 Brent Housing Management – BHM is an in-house Council department which manages council
owned homes that become available to let. This is the largest stock of social housing in the borough.

1.3.2 All of the homes that Brent Housing Management manages that are secure tenancies (including
fixed term flexible tenancies) are let in accordance with this Housing Allocations Scheme.

1.3.3. Partner Registered Providers (often referred to as ‘housing associations’) advertise their
available homes through the choice based lettings scheme, where nomination arrangements exist.
This is when the Council has the right to nominate prospective tenants to a property; in these cases,
the landlord will normally be required to advertise the vacancy through the scheme. The Council will,
except where set out below, nominate applicants in accordance with the Housing Allocations
Scheme.

1.3.4 In the Housing Allocations Scheme, unless stated otherwise, references to registered providers
or housing associations relate to partner organisations that have entered into nomination
arrangements with the Council. They may also be referred to as ‘partner organisations’.
1.4 What is a housing allocation?
1.4.1 As a local housing authority, the London Borough of Brent has a legal duty to decide which
applicants should be offered a Council or Registered Provider property to which the London Borough
of Brent has rights of nomination.

1.4.2 An allocation concerns the rules under which the London Borough of Brent decides the
applicants that should be placed on its Housing Register and the process by which those on the
Housing Register can obtain a tenancy of a Council property or a to which the Council has
nomination rights.

1.5 Choice based lettings

1.5.1 In order to maintain a system of allocation of housing in which those applicants who are on the
Council’s Housing Register and to provide as much choice as possible, the London Borough of Brent
operates a bidding system for available Council properties and properties managed by Registered
Providers to which the London Borough of Brent have nomination rights for.

1.5.2 The record of every applicant who meets the criteria to be on our Housing Register will specify:

• The number of bedrooms required by the household as assessed by the Council.

• Any specific housing requirements such as accessibility/adaptations/mobility levels of the

applicant/member of their household.

1.5.3 The available properties will be advertised online -this is referred to as Locata Choice Based
Lettings Scheme. All properties on the Locata Scheme will be categorised by reference to their
number of bedrooms and accessibility.

1.5.4 Any registered applicant can bid for those properties on the Locata Scheme, which correspond
to their bedroom and access requirements.

1.5.5 The priority of each bid is determined as following:

• The priority band – Band A being the highest and C – the lowest and

• The priority date – as there will be bidders (other applicants) with the same priority band,
the priority date confirms the period of time the applicant has been on the Housing Register
in that Band.

1.5.6 All home seeker and transfer applicants registered for housing with any partner Local
Authority or Registered Provider become members of Locata. Applicants are only allowed to
be on one partner’s Housing Register.

The current Locata partners are:

• London Borough of Brent
• London Borough of Ealing
• London Borough of Harrow
• London Borough of Hillingdon
• London Borough of Hounslow
• A2 Dominion Housing Association
• Catalyst Housing Association
 • Paradigm Housing Association
• Shepherds Bush Housing Association
• Network Homes Housing Association
• Thames Valley Housing Association
• Notting Hill Housing
• Westway Housing Association
• Notting Hill Genesis Housing Association
• Inquilab Housing Association
• Hyde Group
• Octavia Housing
• Sir Oswald Stoll Foundation

1.5.7 Please refer to the current issue of the Locata Scheme User Guide for an up to date list of
partner organisations. (www.locata.org.uk).

1.6 Aims and objectives of the housing allocations scheme

• Encourage and maintain the diverse mix of communities within our borough.
• Prevent homelessness where possible and minimise the use of emergency accommodation
for homeless households.
• Make the best use of the limited social housing available to meet local housing need.
• Provide a simple system which is fair, transparent and easy to understand.
• Fulfil our statutory duties for the allocation of social housing.

The Council and its partners will develop the Housing Allocations Scheme in accordance with the
principles agreed locally. All assessment of need and allocations will be made in accordance with the
agreed Scheme.

The Housing Allocations Scheme aims to provide applicants with sufficient information to explain
where homes are more likely to become available. This will allow them to make informed choices
about their housing options.

1.7 How the housing allocation scheme will operate

1.7.1 Brent is part of the Locata choice based letting scheme. This is the choice based lettings
scheme operating in West London.

1.7.2 Applicants who join Brent’s Housing Register are placed in one of 4 priority Bands to reflect
their housing need.

1.7.3 Most vacant homes are advertised for a set period of time on a regular basis. This is called an
advertising cycle.

1.7.4 Applicants can only express an interest in the homes for which they are eligible. They must, for
example, meet the criteria for the number of bedrooms in the home.

1.7.5 They may express an interest by bidding through the website or by calling in person at one of
the Council’s designated offices.

1.7.6 Once the deadline of the advertising cycle is reached, a shortlist of the applicants who have
expressed an interest is provided by the Locata system.
1.7.7 The Housing Allocations Scheme is then used to determine who is prioritised for housing from
the shortlist.

1.7.8 Feedback on lettings is made when a property has been let.

1.7.9 The feedback will include information about the priority and effective date of the selected
applicant, but not any personal information relating to them.

1.7.10 The choice based lettings scheme will not operate when applicants are made a direct offer of
housing.

2. The legal framework

2.1 Housing Act 1996 (as amended)
2.1.1 The London Borough of Brent’s Housing Allocations Scheme sits within a tight and complex
legal framework. It is governed by the following legislation and guidance, subject to the issue of any
further guidance by the Secretary of State:

• Housing Act 1996 (as amended)

2.1.2 This Scheme has been drafted to comply with the requirements of part 6 of the Housing Act
1996, as amended by the Homelessness Act 2002, the Localism Act 2011 and Homelessness
Reduction Act 2017.

2.1.3 Part 6 of the Housing Act 1996 requires Local Authorities to make allocations and nominations
in accordance with a published Housing Allocations Scheme. It covers:

• Allocations of local authority housing to new tenants

• Transfers requested by local authority tenants

• Allocations of local authority housing to current tenants of Registered Providers and

• Nominations that the Council makes to Registered Providers

2.1.4 Under Part 6 of the Housing Act 1996, the London Borough of Brent’s Allocation Scheme is
framed to ensure “reasonable preference” (which means giving more priority) to some types of
applicants as set out below.

2.1.5 The Scheme takes into account the following legislation and regulations:
Part 6 of the Housing Act 1996 (as amended)

• Housing Act 2004, s223 Allocation of housing accommodation by local authorities

• The Homelessness Reduction Act 2017
• The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, as
amended.
• Homelessness Code of Guidance for Councils (published in February 2018, updates available
from the government’s website: www.gov.uk/homelessness-code-of-gudiance-for-local-
authorities )
• The Homelessness (Suitability of Accommodation) (England) Order 2012
• Allocation of accommodation guidance for Local Housing Authorities in England (revised
version published in December 2020, updates available from the government’s website:
www.gov.uk/government/collections/social-housing-allocations-guidance)
 • The Allocation of Housing (Qualification Criteria for Armed Forces Personnel) (England)
Regulations 2012
• The Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012
• The Council’s current Homelessness Strategy and Tenancy Strategy and the London Housing
Strategy.
• Improving access to social housing for victims of domestic abuse (published in November
2018)
• Improving access to social housing for members of the Armed Forces (published in June
2020)
• The Domestic Abuse Act 2021

2.2 Reasonable preference

2.2.1 Section 166A(1) of the Housing Act 1996 provides that local housing authorities must have
an allocation scheme for determining priorities and the procedure to be followed in allocating
housing accommodation. The scheme must be framed so as to give reasonable preference to any
applicant who falls within the statutory reasonable preference categories in section 166A (3).
Local housing authorities may frame their scheme so as to give additional preference to
particular descriptions of people who fall within the reasonable preference categories and who
have urgent housing needs for example armed forces personnel, victims of domestic abuse,
foster carers and adopters.

2.2.2 While the Localism Act 2011 grants local authorities more flexibility over some aspects of
allocations, the reasonable preference criteria still apply. Under Section 166A(3) Part 6 of the
Housing Act 1996, the London Borough of Brent’s Allocations Scheme is framed to ensure that
reasonable preference is given to people with housing needs who fall into one or more of the
following groups:

• Applicants who are homeless (within the meaning of part VII of the1996 Housing Act, as
amended by the Homelessness Act 2002 and Localism Act 2011).

• Applicants who are owed a duty under section 190(2), 193(2) or 195(2) of the 1996 Act (or
under section 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation
secured by any housing authority under s192(3)

• People occupying insanitary or overcrowded housing or otherwise living in unsatisfactory

housing conditions

• People who need to move on medical or welfare grounds, including grounds relating to
disability as well as those who are recovering from the impact of domestic abuse and abuse
who are also likely to have medical and welfare needs, including physical and mental health
issues, which may be complex and long-lasting

• People who need to move to a particular locality in the housing authority area, where failure
to meet that need would cause hardship (to themselves or others)

Although there is no requirement to give equal weight to each of the reasonable preference
categories, housing authorities will need to demonstrate that, overall, reasonable preference has
been given to all the reasonable preference categories.
 There is no requirement for housing authorities to frame their scheme to afford greater priority
to applicants who fall within more than one reasonable preference category (cumulative
preference) over those who have reasonable preference on a single non-urgent basis.

This scheme aims to comply with these requirements and does not seek to give any additional
priority to households falling into more than one of the reasonable preference categories.

All applicants will have their housing needs assessed and awarded a priority Band according to
their individual circumstances. This will take into account the reasonable preference set out in
the legislation above. Homes will generally be let to the applicant in the highest housing needs
Band who has been waiting the longest, having expressed an interest in the home and met the
criteria in the property advertisement.

2.2.3 Vulnerable people will be appropriately supported to access the Housing Allocations
Scheme. A number of measures will be taken to ensure that vulnerable applicants are not
disadvantaged such as:

• Providing appropriate advice and assistance.

• Translating documents on request.
• Providing information in other formats on request.
• Partnership working with support agencies.
• Undertaking monitoring and regular reviews of the Allocations Scheme.

2.2.4 Properties that have been adapted or developed for people with a disability will be
advertised as such and due to the shortage of adapted properties, preference will be given to
households needing that adaptation. Please be advised property advertisements will confirm
which groups may express an interest in these types of accommodation.

2.3 Equality and diversity

Brent is one of the most diverse boroughs in the UK. The Council will ensure that its Housing
Allocations Scheme is applied in a manner that actively promotes equality and complies with its
statutory obligations under the Equality Act 2010, in particular in relation to the nine protected
characteristics and to ensure that having due regard to Public Sector Duty under section 149 of
the Equality Act 2010.

In addition, the Council undertook an Equality Impact Assessment (EIA) in March and April 2013,
which looked at the overall impact of the scheme and considered how key policy changes would
affect groups protected by the Equality Act 2010. Further EIA/Equality Analysis has been carried
out in relation to the changes in 2014 and 2019 and most recently in December 2021/January
2022 in relation to the current major amendments to the Housing Allocation Scheme.

2.4 Reviewing and monitoring the housing allocations scheme

2.4.1 The Housing Allocations Scheme will be reviewed regularly to ensure that it meets its stated
objectives, complies with existing and proposed legislation and guidance, and does not operate in a
manner that disadvantages, or discriminates against, any particular group.

2.4.2 An annual report on the application of the Housing Allocations Scheme will be considered by
the Policy Coordination Group and the Council’s Overview and Scrutiny Committee - this will be
communicated back to stakeholders.
3. Applying to Brent’s Housing Register
3.1 Who can apply?
3.1.1 Applicants must 16 years or over, be eligible for housing and qualify for inclusion on the
Register. Some landlords however, may only offer tenancies to applicants under the age of 18 if
they have a guarantor. Eligibility and qualification are explained in further detail below.

3.2 Joint applicants

3.2.1 Where more than one eligible applicant wishes to have a shared application they will be
joint applicants.

3.2.2 For a joint application, all applicants have to qualify and meet the conditions on eligibility.
A joint tenancy will not be granted to two or more people if any one of them is a person from
abroad who is ineligible or is a person who is being treated as ineligible because of unacceptable
behaviour, length of residency, financial capital and other assets or any other qualification
criteria.

3.3 People who can be included in an application

3.3.1 An applicant can only include in their application members of their immediate family who
normally live with them (or might reasonably be expected to reside with them) as a member of
their household or other people who have an extenuating need to live with them. Usually this
will mean members of the applicant’s immediate family as follows:

• The applicant’s spouse or partner. By partner we mean anyone who lives with the
applicant as their partner or who would live with them as a couple if they were able to
do so.
• Dependent children including where the applicant has a legal guardianship and the
children are adopted or fostered, if they are under the age of 21 and live with the
applicant full time, or for four or more nights every week. The applicant will be required
to provide the London Borough of Brent with formal papers upon request (e.g. court
order) and documentation relating to any agreement that is currently in place regarding
residency.

3.3.2 If there is an extenuating circumstances to include non-dependent adults ages over 21 the
applicant will be required to provide further information and evidence about why they need to
be considered as a part of the household such as giving/receiving care. For further clarification
please refer to paragraph 3.4 in this document.

3.3.3 If an applicant has been accepted as statutorily homeless by the London Borough Brent, a
household will include all members who were on the original homelessness application.

3.3.4 If an applicant is an under occupier applying to transfer to a smaller home (downsizing) and
will be awarded Band A priority as an under occupier, then adult family members may be
included on the application.
3.4 People giving or receiving care
3.4.1 People who have an exceptional need to live with you means people who are not included
in the definition of immediate family but who have a real need to live as part of the household in
order to give or receive care or support. This may include:

• A child (of the applicant or partner) aged 21 or over who cannot live independently
because of a disability or a care need

• A carer, if someone in the household needs full time care and no one in their immediate
family is able to provide this.

• An adult (including elderly) relative who needs to receive care. For some elderly people
moving to sheltered accommodation is the best alternative.

3.4.2 If applicants wish to include people on their application who are not considered as
immediate family, must explain reasons for this in their application, in particular why it is
necessary for them to live with the applicant. We may also require you to provide evidence such
as a court order, a social services or occupational therapy assessment and/or evidence that you
are in receipt of Carers Allowance.

3.4.3 Brent council can decide whether a person is normally resident as a member of the
household. The Operational Director of Housing has the discretion to allow additional people to
be included on the application when h/she considers it is appropriate, taking into account all of
the circumstances. When exercising this discretion Brent Council will also take into account the
prevailing housing conditions in the Borough.

3.5 Family members not currently living with the applicant

3.5.1 The council will not include on an application any family members who are not resident in
the UK at the time an application is submitted.

3.5.2 These household members will only be considered once the family member added to the
application for housing has been granted leave to remain and is residing in the UK lawfully
and/or recourse to public funds in the UK.

3.5.3 In cases where parents share joint residence of children, and wish to include those children
as part of their housing application, the housing arrangements of both parents will be
considered. If one parent has adequate accommodation for the children, the children will not be
taken into account on the other parent’s application. Where a formal residence agreement is not
in place, the council will consider factors such as whom the children usually live with (four nights
or more), who is the main care provider, who has the financial responsibility for the children; the
length of time any arrangement has been in place and where the children go to school; and any
other relevant information, for example from social services or health care professionals. This
does not prohibit the other parent from maintaining their usual and agreed access to the
children.

3.6 Applicants who are ineligible for housing

3.6.1 Section 160A of the Housing Act 1996 (as amended) sets out who is ineligible to receive an
allocation of housing. Applicants who are ineligible for housing fall into these three categories:

• Certain persons who are subject to immigration control, unless they are re-included by
order of the Secretary of State or are exempt because they are already a secure tenant.
 • Other persons from abroad whom the Secretary of State deems to be ineligible for an
allocation of housing accommodation by a local housing authority or are exempt
because they are already a secure tenant.

• Certain persons who the local authority decides to treat as ineligible due to
unacceptable behaviour, which would prevent them from being considered as suitable
tenants.

3.7 Applicants who are ineligible due to immigration rules

3.7.1 Only applicants that are eligible can be included on the Housing Register. The following
applicants will be eligible for an allocation of accommodation:

a) Applicants that are subject to immigration control

3.7.2 A person that is subject to immigration control will only be eligible for an allocation of
accommodation if they fall within a category of persons that have been prescribed as eligible by
regulations made by the secretary of state.

b) Applicants that are not subject to immigration control

3.7.3 A person that is not subject to immigration control will be eligible for an allocation of
accommodation unless:

• Their only right of residence is one which has been prescribed as not resulting in
eligibility by regulations made by the secretary of state or

• They are not habitually resident in the Common Travel Area or excluded from the
requirements on Habitual Residence Test by Regulation 6(2) of the Allocation of Housing
and Homelessness (Eligibility) (England) (Regulations 2006).

3.8 Do not qualify due to unacceptable behaviour or actions

3.8.1 When deciding whether or not an applicant is eligible for housing, Brent Council may
decide that the applicant should be treated as ineligible for housing if it is satisfied that:

• The applicant, or members of the household has been guilty of unacceptable behaviour
serious enough to make them unsuitable as a tenant of the Council and

• In the circumstances at the time of their application is considered they are unsuitable to
be a tenant of the authority by reasons of that behaviour.

3.8.2 Behaviour that may be regarded by Brent Council as unacceptable, including the following:

• Behaviour of the applicant(s) which would (if they were a secure tenant of Brent Council)
entitles the Council to a possession order of their property under section 84 of the
Housing Act 1985 on any grounds mentioned in Part 1 of schedule 2 to that Act (other
than ground 8); or

• Behaviour of a member of the applicant’s household which would (if they were a person
living with a secure tenant of Brent Council) entitles the Council to seek a possession
order of their property under section 84 of the Housing Act 1985 on grounds mentioned
in Part 1 of Schedule 2 to that Act (other than ground 8).

3.8.3 Brent Council cannot allocate housing to anyone who is not eligible to join the Housing
Register, even jointly with someone else who is eligible to join the Housing Register.
3.9 Do not qualify due to length of residence in the borough
3.9.1 All applicants must currently be living in the London Borough of Brent and have
continuously lived here for the period of 5 years or more prior to joining the housing register and
for the avoidance of doubt, must continue to remain living in the borough whilst on the housing
register. Applicants who do not meet this criterion will not be eligible to joint Brent’s Housing
Register, subject to the exceptions set out in paragraphs 3.10.3 and 3.10.4 below.

3.9.2 Residents who have been living in Brent for 5 years or more but have been placed in
temporary accommodation by another local authority in order to meet a homelessness duty will
not qualify.

3.9.3 Applicants who have been placed in temporary accommodation out of borough by the
London Borough of Brent in order to meet a homelessness duty will continue to accumulate time
towards the residency criteria, and not lose any length of time previously resident in the
borough.

3.9.4 Exceptions to the residency rule:

• Existing secure or fixed term tenants of the London Borough of Brent.

• Young People leaving care and referred to Brent Council Children’s services assessed by
the panel (whether or not they currently live in Brent).

• Those who are homeless within the meaning of Part VII of the Housing Act 1996 to
whom the London Borough of Brent has accepted a full housing duty under section
193(1) & (2) of the Housing Act 1996.

• Domestic abuse victims.

• They are temporarily residing outside Brent in prison, hospital or residential care but
have the intention of returning to Brent and their last settled address was in Brent
immediately prior to moving into prison, hospital or residential care.

• They are (whether or not they currently live in the borough):

o A serving member of the regular forces or have been such a member within the
5 years preceding their application to be placed on the register.

o The spouse or civil partner of a deceased member of the regular forces whose
death is wholly or partly to that service) and have recently ceased or will cease
to be entitled to reside in Ministry of Defence accommodation.

o Serving or have served in the reserve forces and are suffering from a serious
injury, illness or disability which is attributable (wholly or partly) to that service.

3.10 Do not qualify because meet asset/income threshold

3.10.1 Gross household income will be taken into consideration when registering for social
housing. Depending on the bedroom size needed, applicants meeting the below income
threshold will not qualify for housing (they will not be eligible to join the register) as they are
deemed to have sufficient financial resources to buy a home or pay market rent in the borough:

• 1 bed need – £35,000 per annum

• 2 bed need – £45000 per annum

 • 3 bed need – £55,000 per annum

• 4+ bed need – £70,000 per annum

3.10.2 If an applicant owns or has an interest in a property as a free holder or leaseholder in the
United Kingdom or anywhere else in the world, or part-owns a property under the shared
ownership scheme then they will not qualify to join the Housing Register. This will include people
who live in caravans, mobile homes, houseboats and accommodation on seasonal holiday parks.

3.10.3 Applicants who formerly owned a property will be asked to provide evidence of the sale
and details of any capital gained from the sale to determine their qualification. If applicants
disposed of capital without making adequate housing arrangements, for example, gifting the
capital to relatives or friends, they will not qualify.

3.10.4 Those who do not own accommodation but have sufficient savings to buy a property (or
share in a property) or obtain private rented property will also not qualify to go on the housing
register. The Council consider savings of £50,000 and over to be sufficient. However, discretion
can be requested through the Housing Allocations Panel in exceptional circumstances such as
fleeing domestic abuse, downsizing or where a member of the household has a physical or
mental health problem, which would prevent the household finding suitable accommodation in
the private sector.

3.10.5 Where an application is refused because the applicant falls into one of the three ineligible
categories defined above, applicants will have the right to request review of that decision under
section 167 (4A) of the Housing Act 1996 (as amended). In making a decision whether to accept
or refuse an application the decision shall be notified to the applicant in writing, giving full
details of the reasons of refusal.

3.10.6 The London Borough of Brent, at the discretion and with the approval of the Operational
Director for Regeneration and Growth and the Allocations Panel may make an offer of social
housing in exceptional circumstances, for example where an elderly owner occupier who cannot
stay in their own home need to move into sheltered accommodation. In these instances, the
applicant should not financially benefit from the offer of social housing and is therefore required
to sell their accommodation and provide the Council with evidence of the sale.
4. How the housing register works
4.1 How to apply to join the Housing Register
4.1.1 To apply to join the Housing Register applicants must complete a housing application using
the online form (through the Locata website www.locata.org.uk/brent) or by visiting the
council’s designated offices. Multiple applications are not allowed; an applicant may have only
one active application on the Housing register.

4.2 Civil partnerships and cohabitees

4.2.1 Civil partnership as defined in the Civil Partnership Act 2004 is a legal relationship, which
can be registered by two people of the same sex.

4.2.2 For the purposes of the Housing register civil partnerships will be treated in the same way
as married applicants including in the following cases:

• Parental responsibility for the other civil partner’s child

• Succession and assignment of a tenancy agreement

• Protection from domestic abuse

• Immigration and nationality purposes

4.2.3 Cohabiting couples will be treated in the same way as married applicants, except that some
evidence of an abiding relationship will be required before a joint tenancy is awarded.

4.3 Applicants consent and declaration

4.3.1 When applicants apply to join the Housing Register, they must sign a declaration to confirm
that:

• The information they have provided is complete, true and accurate.

• They will inform the Council immediately of any changes in circumstances.

• They understand that information will be shared with partner organisations such as
Registered Providers (RPs) together with other relevant organisations in order to
complete or verify information or to prevent fraud or protect public funds in other ways.

• They consent to the council making enquiries of any relevant persons (including credit
checking/ referencing companies) to confirm that the information on the application
form is correct or to add to the information given where necessary to complete an
assessment of need or to consider suitability for housing.

4.4 Notification of changes in circumstances

4.4.1 Applicants must let the Council known immediately of any change in their circumstances,
which may affect their priority for housing. Applicants who have had a change of circumstances
and have not informed the Council may have their application set to pending whilst an
investigation takes place in order to determine their eligibility and entitlement for housing.

4.4.2 For transfer applicants, it is the responsibility of the applicant to inform the council of any
change of circumstance to enable the council to re assess the transfer application accordingly.
 4.4.3 Examples of change in circumstances include someone joining or leaving the household,
the birth of a child, a change of address, the purchase or acquisition of an interest in a home, or
a change in the health or welfare of the applicant and/or a member of their household.

4.4.4 Applicants should notify the London Borough of Brent of any change in their circumstances
by completing the online change in circumstances form available on the Locata website.

4.5 Renewal of housing applications

4.5.1 To keep the Housing Register up to date, applicants may be contacted to see if they still
want help with housing.

4.5.2 Applicants are required to re-register their housing application once a year, in order to
confirm that they still want to be considered for housing.

4.5.3 On the anniversary of the date their housing application was registered, applicants will be
required to renew their application. Applicants will be notified of the arrangements for
completing this renewal and must do so within the specified time period.

4.5.4 When completing their renewal, applicants must confirm that they still want to be
considered for housing and provide details of all changes in their circumstances.

4.5.5 Failure to complete renewal within the time period specified (or to respond to a written
request for information needed to assess their housing application) will result in the applicant
being removed from the Housing Register.

4.6 Cancellation of housing applications

4.6.1 A housing application will be cancelled (and removed from the Housing Register) in the
following circumstances:

• When the applicant requests it

• When the applicant becomes ineligible for housing

• When the applicant has been housed through the Allocations Scheme

• When the applicant accepts an Assured Shorthold Tenancy via a Council scheme

• When an applicant fails to maintain their housing application (through the renewal
process) or they move home and fail to provide the Council with a contact address.

• When an applicant fails to respond to a request for further information within the
specified time.

• When an applicant moves out of the borough, except if they are residing in temporary
accommodation provided by the Council.

4.6.2 Should an applicant whose application has been cancelled wish to re-join the Housing
Register they will receive a new effective date. In exceptional circumstances, the Council may
agree to reinstate a cancelled application without revising the priority date if the applicant
notifies it within 3 months of the application being removed from the Register.

4.7 Verification of housing applications

4.7.1 Before offering an applicant a tenancy of social housing, Brent Council will need to verify
the circumstances stated in the application.
 4.7.2 The verification interview may take place before or after an applicant is shortlisted for a
particular property. The purpose of the interview is to check on the accuracy of the Council’s
initial assessment.

4.7.3 During the interview, a record will be made of the applicant’s current circumstances; a
check will be made to ensure that the applicant has been put into the correct Housing Needs
Band.

4.7.4 All applicants who are eligible for housing will be expected to produce original documents
to verify their housing need at the verification appointment. If they are unable to produce the
relevant documents, they may not be able to go ahead with any current bid.

4.7.5 For everyone included in the housing application, the Council will require proof of identity,
together with proof of residence for all addresses used during the past five years. Evidence such
as proof of income, proof of pregnancy, medical conditions and any disabilities, and a range of
other documents, including for example birth certificates, marriage certificates, divorce papers,
tenancy agreements, and bank statements, as appropriate will be requested.

5. Assessment and prioritising housing applications

5.1 Prioritising Housing Register applicants
5.1.1 The London Borough of Brent uses a banding system to prioritise Housing Register
applications. Each Band takes into account the statutory reasonable preference categories of
housing need and the Council’s local priorities as summarised below. Some allocations may be
dealt with outside the choice based lettings scheme in exceptional circumstances.

5.1.2 Placing applicants in Bands - all applicants must join the Housing Register by completing the
online housing application form. Following assessment, the application will be placed on the
Housing Register (if the applicant is eligible for housing) in one of five Housing Needs Bands,
based on the information provided, ranking from Band A (applicants with the highest housing
need) to Band D those applicants with no identified housing need.

5.1.3 Some allocations will be dealt with outside the choice based lettings scheme; these are
explained in sections 6.10 and 6.11

5.2 Bedroom entitlement

5.2.1 When deciding the size of the property and number of bedrooms needed for a household,
the council applies both the space and room standard as set out in sections 325 and 326 of the
Housing Act 1985. The room standard is based on the number and gender of people who must
sleep in one room. It is breached in a situation where two people of the opposite sex must sleep
in the same room, except cohabiting or married couples, who can live in the same room without
causing overcrowding and children under the age of 10, who are completely ignored in the
calculation. All living rooms and bedrooms are included in the calculation (this could include a
large kitchen).

5.2.2 A separate bedroom is allocated to:

• Each married, civil partnership or co-habiting couple

 • Any other person aged 21 years or over (that is allowed to be included on the
application, except in the case of accepted homeless households where adult children
will be expected to share a bedroom with siblings of the same sex).

• Each pair of children or young people aged between 10-20 of the same sex.

• Each pair of children under 10, regardless of their gender

• Any unpaired person aged between 10-20 is paired, if possible with a child under 10 of
the same sex, or, if that is not possible, he or she is given a separate bedroom, as is any
unpaired child under 10.

5.2.3 Households willing to accept small accommodation, particularly a family requiring a 2-

bedroomed property that is prepared to accept a 1-bed property, will be able to bid on
applicable properties that are advertised. Offers will be made in these circumstances where the
applicant agrees to this in writing and the overall permitted occupancy of the property does not
result in statutory overcrowding. Please note that some Registered Providers do not allow
applicants to bid down for their properties.

5.2.4 The Council will only allow bedrooms for people who are entitled to be on the application.
If the applicant or a member of their household is pregnant, the applicant should notify us when
the baby is born to update their application (by completing a change of circumstances form in
the first instance). Bedroom entitlement will be reviewed depending on the household
composition.

5.2.5 In exceptional circumstances, the Council may exercise discretion in deviating from the
Space and Room Standard where a household will be offered a larger or smaller accommodation.
These are:

• Where applicants require larger accommodation on health grounds. This may be

considered where an applicant or a member of their household needs their own
bedroom for medical reasons; needs a carer/ personal assistant or some special bulky
medical equipment. These will be considered on a case by case basis, taking into account
the advice of the Council’s District Medical Officer and reports from relevant
adult/children social services.

• Occasionally, there may be no suitable cases on the four and five bedroom list due to the
space standard of the property. Where this occurs, allocation can be made to applicants
providing this does not result in under occupation of the property. In these cases, the
Rehousing Officer will match the personage of the household with the personage of the
property. For example, a 4-bedroom, 6-person property, in the absence of suitable cases
on the 4-bed list, could be offered to a household on one of the 3-bedroom lists that
consists of 6 persons, i.e. parent(s) and four children.

5.3 Assessment of housing applications

5.3.1 Applicants will receive a letter confirming the outcome of their Housing Register
assessment, which will:

• Confirm the priority Band the applicant has been placed in on initial assessment. Some
assessments (such as those relating to medical conditions) may take longer and may
result in a change in banding.
 • Confirm the size (and if applicable the type) of property the applicant is eligible to bid
for.

• Confirm the applicant’s priority date.

• Include a reminder about informing the Council of any change in the household’s
circumstances

• Inform of a decision that the applicant is not eligible to join the Housing Register and do
not meet the qualification criteria, and offer advice and information on alternative
housing options

• Provide details of the appeal and review procedures

• Explain how annual re-registration works

5.4 Deciding on priority date

5.4.1 To prioritise between applicants in the same Band, the Council uses the priority date for
the applicant. An applicant’s priority date is usually the date they joined the Housing Register.
Where, for example, the Council finds there are two suitable applicants for a home available for
letting, the applicant with the most priority is the one who has the earlier priority date.

5.4.2 Where an applicant has moved from one band to another band, their new priority date will
be the date when the change of circumstances causing the banding change is considered and
accepted. If an applicant moves up a Band and subsequently has a further change of
circumstances that triggers a Band demotion, the original priority date in the lower band will be
retained where this demolition is within six months of the change.

5.4.3 Where an applicant receives priority on medical or welfare grounds, their priority date will
be the date they applied for this award.

5.4.4 Where an applicant has been accepted as being homeless by Brent council, the priority
date will be the date, the Council accepted that they were either threatened with or actually
homeless and eligible in accordance with section 166(A)(3) unless they have already been
awarded Band C with an earlier priority date.

5.5 Applicants who have deliberately made their housing situation

worse
5.5.1 The Council will consider whether an applicant has deliberately made their housing
situation worse to increase their housing need and consequently improve their chances of
rehousing through the Housing Register.

5.5.2 If the Council decides that the applicant has made their housing situation worse, the
applicant will remain in the band that reflects their housing need before the deliberate action (or
inaction) that made their situation worse.

5.5.3 If the applicant was not on the Housing Register when the deliberate action (or inaction)
that made their situation worse occurred, the assessment of housing need will be based on their
housing need immediately before that date

5.5.4 The assessment will be reviewed on request but not normally within the first twelve
months of the application being made. If the restriction is removed, the application will be
 placed in the band that reflects the applicant’s current housing circumstances and their priority
date will be the date that the application was moved to the new band.

5.6 Owner occupiers

5.6.1 The Housing situation within the Borough is such that the Council is unable to assist home
owners with housing. Home owners who have applied to join the Housing Register will be
expected to make their own arrangements to resolve any housing need that they have. This
includes co-owners, keyworker and shared ownership housing. If it is demonstrated that there is
exceptional need (equivalent to Band A) and there is no prospect of resolving the issue in any
other way, then the case will be considered by the Allocation Panel. However, there is still no
guarantee that housing will be offered. Owners will be advised when they register of the
Council’s position.

5.6.2 Applicants who have previously owned a property and have sold it will be asked to provide
proof of the sale together with evidence of the proceeds received from the sale.
6. Finding a home
The London Borough of Brent lets the vast majority of its homes and its nominations through its
Choice Based Lettings Scheme (Locata). For all advertised properties, the eligibility of bids
received will be checked against the labelling used in the advertisement. Any ineligible bids will
be discarded. Where properties are advertised, the allocation of a property will be based on the
priority of bids received.

6.1 Choice based lettings

6.1.1 Applicants who are accepted onto the Housing Register can bid for properties that are
appropriate to their housing need.

6.1.2 Although applicants cannot bid for homes that are larger than they need, applicants who
need 2 bedrooms or more may bid for homes that have one bedroom less than they need.

6.1.3 In exceptional circumstances (involving very large families that have little or no prospect of
obtaining a home that is large enough for their needs), applicants may be permitted to bid for
properties that are up to three bedrooms smaller than they need. Before this can happen,
however, the applicant must obtain the permission of the Council.

6.1.4 Where an applicant chooses to accept an offer of accommodation that has fewer
bedrooms than they need and subsequently re-applies to join Brent’s Housing Register, they will
not be awarded any priority for overcrowding unless their circumstances have changed
significantly since they accepted the tenancy of their existing home.

6.1.5 Registered Providers (Housing Associations) have their own standards for occupancy and
may not offer properties that are smaller than the applicant needs.

6.2 Circumstances when eligible applicants will not be able to

participate in choice based lettings
6.2.1 Some applicants who are eligible for housing will not be permitted to participate in the
choice based lettings scheme if the Council considers that, due to their age or their need for
specialist support, they are not yet ready to sustain a tenancy. The circumstances in which this
may occur are described in section 6.6 below.

6.2.2 Applicants who are eligible for housing will also not be allowed to participate in the choice
based lettings scheme if they have accepted an offer of housing but the property is not yet ready
for occupation, or if it has been agreed that they will only receive a ‘direct offer’ of
accommodation.

6.2.3 Applicants who are eligible for housing can be suspended from bidding for homes through
the choice based lettings scheme if they refuse two written offers after making successful bids.
Any suspension will be effective for up to twelve months.

6.2.4 Decisions on whether or not applicants should be temporarily prevented from participating
in the choice based lettings scheme will be made by the Council. Where it decides that an
applicant should not be allowed to participate, the Council will inform the applicant of the
reasons why they are not able to take part, any conditions that will need to be met before they
will again be entitled to take part, and the date that they may request a review of the decision to
prevent them from taking part.
6.3 Advertising available homes
6.3.1 The London Borough of Brent advertises its own void properties and also partner
Registered Provider units for which it has nomination rights. The adverts will appear daily online
on Locata. Once the properties have been advertised, registered applicants on the London
Borough of Brent’s Housing Register are invited to express an interest by bidding for the
properties advertised according to their eligibility for the property.

6.3.2 Some registered social landlords may decide not to advertise all of their homes through the
choice based lettings scheme. This will depend on the level of tenancy nomination rights that the
Council has agreed with them.

6.3.3 In exceptional cases, a home may be excluded from the advertising scheme because it is
needed, for example, to deal with an emergency or for use as alternative accommodation for a
tenant who has to move out of their home because it has become unsafe or requires extensive
repairs. Other examples include homes that are needed for applicants who have specific housing
needs and require a property to be adapted to fulfil those particular requirements.

6.3.4 All adverts will include property descriptions, which will be used as set criteria to assess
the applicant’s eligibility for the property. The following details maybe included:

• Property types, e.g. houses, maisonettes or flats

• Size of property, e.g. double or single bedrooms must be specified so that the minimum
and maximum number of persons suitable for occupancy can be identified (defined as
bedspace).

• Whether children are allowed

• Stipulation of age limits for Older Persons Dwellings

• Whether pets are allowed.

• Landlord details e.g. London Borough of Brent or Registered Providers

• Floor level of property

• Property characteristics e.g. heating type, lift access etc.

• Weekly rent charges and any other additional charges for each property

• Whether any adaptations exist within the property

• The mobility group

• In the advertisement, the home will be labelled to show whether it is restricted to any
particular group of applicants.

6.4 Labelling of properties

6.4.1 The Council will label the advertised homes in a way that provides as much information as
possible about the property and which applicants are eligible to express an interest. Where an
applicant does not meet the criteria outlined, they will not be considered for the home.

6.4.2 Labelling criteria will include:

 • Transferring tenant: The Council and registered social landlords may sometimes decide
that a home will only be available for their own existing tenants.

• Property size: Applicants must be eligible for the size and type of the property they are
bidding for – they will be advised of what they can bid for when they join the scheme.

• Housing needs bands: Some homes may only be offered to applicants who are in
particular Bands.

• Adapted homes: Homes that are particularly suitable for people with disabilities will
have special symbols to help applicants with those needs to identify them. Adverts for
adapted or accessible homes (for example those with wheelchair access) will specify that
they are only available for people assessed as needing them.

• Age restrictions: Some homes may have a minimum age requirement.

• Local lettings policies: In order to promote sustainable and settled communities, the
Council and Registered Providers may introduce specific lettings policies in some areas,
which will vary from this Housing Allocations Scheme. They may do this, for example,
where there are too many vulnerable residents in an area or there is a need to reduce
child density, tackle serious anti-social behaviour or increase the proportion of tenants
who are in employment, education or training.

• Pets: The advertisement will identify whether pets are allowed.

• Home type and facilities: The advertisement will show the type of home, the floor level,
the type of heating, the service charges and any other relevant details.

6.4.3 The Council will give priority (label properties) to tenants who have registered on the
Housing Register and are assessed to have a priority (in Bands A-C-) to bid for new
accommodation that becomes available on their current estate. This will enable residents to
continue to live on their estate and prevent the need for them to move away. Each time the
council decides to build new homes within an estate, it will determine the boundaries of the area
that will be affected prior to new homes becoming available to let. The boundaries of any area in
which this policy applies will be determined and published.

6.5 Expressing an interest in available homes

6.5.1 To be considered for an available home, applicants must apply for the home by the
publicised deadline and meet the labelling criteria.

6.5.2 Applicants will generally be able to make expressions of interest each advertising cycle.

6.5.3 In each cycle, applicants will be able to express an interest in up to three properties for
which they are eligible.

6.5.4 The number of homes in which an applicant may express an interest each bidding cycle, the
length of the bidding cycle and the frequency with which details of newly available properties
are added to the choice based lettings website may be changed after monitoring of the scheme
and applicant consultation.

6.5.5 Support will be offered to applicants who require assistance in using the scheme.

6.5.6 Applicants will be able to express an interest in a property by several methods.

 • Using the website

• By Smartphone app

• In person at their local designated office

• By using an advocate for any of the above methods

6.5.7 In certain circumstances applicants may bid for properties by proxy. Council staff, support
agencies and other providers may be used as proxies for this purpose, subject to the Council’s
agreement to any such request.

6.5.8 ‘Autobidding’ may be activated for homeless households to place bids on their behalf once
the household falls into the longest waiting 5% of households waiting for the relevant property
size.

6.6 Applicants who may be suspended from bidding

6.6.1 An applicant who is eligible for housing may be suspended from bidding through the choice
based letting scheme (or any bid that they make may be disregarded during shortlisting) in any
of the following circumstances:

• Where the applicant has been assessed as being incapable of independent living or
sustaining a tenancy;

• Where the applicant is only capable of sustaining a tenancy if they are provided with
support, but that support is not being provided;

• Where the applicant’s eligibility or level of priority is being reviewed because of, for
example, a change of circumstances or concerns about possible fraud or the accuracy of
the information that has been supplied in relation to their application for housing;

• Where the applicant has already accepted an offer of another property or has been
formally offered another property and has not yet confirmed whether or not they will
accept that offer;

• Where the applicant repeatedly fails to attend viewings of properties for which they
have bid and been shortlisted;

• Where the applicant repeatedly refuses, without good reason, formal written offers of
properties for which they have made a successful bid under the choice based lettings
scheme.

6.6.2 In deciding whether or not an applicant is ready for independent living and capable of
sustaining a tenancy, the Council will be guided by its specialist housing teams, by support
providers and the relevant health and social care professionals.

6.6.3 Where it is decided that the applicant is not yet ready for independent living (or is not
receiving the support they need to live independently), their situation will be closely monitored
by the Council’s specialist housing teams and action will be taken to ensure that appropriate
housing and support are provided as soon as practicable.

6.6.4 An applicant will normally be deemed to have ‘repeatedly’ failed to attend viewings or
refused formal offers when, without good reason, they have failed to attend 2 viewings or accept
2 formal written offers.
 6.6.5 Where it decides that an applicant should be suspended from bidding through the choice
based lettings scheme, the Council will inform the applicant of the reasons why they are not able
to take part, any conditions that will need to be met before they will again be entitled to take
part, and the date that they may request reconsideration of the decision to suspend them from
bidding for properties.

6.7 Shortlisting of interested applicants

6.7.1 Registered applicants, who submit an eligible bid for a property advertised in Locata, will
appear on a “shortlist”. The order on the shortlist is dependent on an applicant’s priority band
and priority date. Therefore, any registered applicant in band A that bids for a property will
always come ahead of any registered applicant bidding for the same property in band B or C.
However, if a number of applicants bid for a property and are all in the same band, then priority
is decided by considering their priority date.

6.7.2 Once the advert deadline has passed, the shortlist of applicants expressing an interest in
the home will be produced from those who are eligible and meet the labelling criteria.

6.7.3 Following production of the shortlist, arrangements will be made by the relevant landlord
(Brent Council or a Registered Provider) for the shortlisted applicants to view the property as
soon as possible.

6.7.4 The landlord will decide whether the applicants view the property individually (with
separate appointments) or all at the same time.

6.7.5 During the viewing and/or on the telephone, applicants will be given further information
about the property, the repairs to be carried out, the date when the property is expected to be
available, and any special conditions of tenancy.

6.7.6 After the viewing, the property will be offered to the eligible applicant who is highest in the
shortlist and has confirmed their interest in being offered the tenancy.

6.7.7 When an applicant says that they are no longer interested in a property after the viewing,
the applicant who is next on the shortlist will normally be considered for the tenancy.

6.7.8 In the event that all bids on a shortlist are ineligible, the Social Housing Assessments and
Lettings Team will decide whether the property is to be re-advertised at a later date or whether
it would be suitable for a direct let to an identified emergency case.

6.8 Failure to attend a viewing

6.8.1 If the applicant cannot be contacted via their contact details provided on their application,
this will be deemed unreasonable and will constitute a refusal to accept a property. It is an
applicants’ responsibility to ensure their contact details are accurate and up to date.

6.8.2 If an applicant does not respond to the offer to view and subsequently does not attend the
viewing, this will be considered as unreasonable. However, a decision may be changed if the
applicant makes contact within 48 hours and the reasons given for the non-attendance are
considered to be reasonable.

6.8.3 If an applicant confirms attendance for a viewing but subsequently does not attend a
viewing, an officer will contact the applicant to find out the reasons(s) for non-attendance. A
decision will then be taken as to whether the failure to view was reasonable or not.
 6.8.4 If an applicant fails to view twice, their application will be suspended for a period of 12
months and the applicant will not be able to place bids or be considered for direct offers of
accommodation in this time.

6.8.5 For failure to attend a viewing, the following are acceptable grounds for a reasonable
failure to attend a viewing:

• You will need to demonstrate that no contact has been made by the London Borough of
Brent to view the property

• There is a language or literacy problem which means the applicant did not recognise the
urgency of responding

• There were unforeseen and urgent circumstances which resulted in the applicant being
unable to inform the Council of their emergency:

1. Hospitalisation of the applicant or their household members

2. Death of a close family member

3. Applicant was away on holiday but had informed the Council of this beforehand.

6.9 What are allocations under this scheme?

6.9.1 The following are allocations under this Scheme:

• The selection of a person to be a probationary (introductory) or secure tenant of the

London Borough of Brent.

• The grant of a new tenancy to an existing tenant by way of transfer upon the tenant’s
request.

• Nomination of a person to be an Assured or an Assured Shorthold tenant of a Registered

Provider via the London Borough of Brent’s Nomination rights agreement

• A direct offer of accommodation.

6.10 Properties not offered through choice based lettings

6.10.1 The following types of property will not be advertised and let through the Locata choice
based lettings scheme:

• Council homes used as temporary accommodations which are then let to the existing
resident as an introductory or secure tenancy

• Service tenancies

• Supported housing, including housing for older people

• Properties selected for ‘directlets’

• Shared ownership, rent-to-purchase and keyworker homes (although these will be

publicised through the choice based lettings advertisements).

• Succession to a tenancy on a tenant’s death pursuant to section 89 of the Housing Act

1985 or section 131 of the Housing Act 1996, or

• Assignment of a tenancy by way of a mutual exchange, or

 • Assignment of a tenancy to a person qualified to succeed to the tenancy on the tenant’s
death, or

• Transfer of the tenancy by a court order under family law provisions or under the Civil
Partnership Act 2004, or

• A probationary (introductory) tenancy becoming a fixed term tenancy

• Rehousing due to being displaced from previous accommodation by the London Borough
of Brent or being rehoused by London Borough of Brent pursuant to Land Compensation
Act 1973

• A person granted a family intervention tenancy

• Allocations, which Registered Providers make outside of nominations agreements.

• Allocations to an individual where there maybe public protection risks.

• Offers of tied accommodation made to Council employees

• Contractual duty owed by the Council (ex-service tenants) where stipulated in

employment contracts by the London Borough of Brent

• Moves via the Pan London Scheme (Housing Moves)

6.11 Properties selected for ‘direct lets’

6.11.1 Although most vacancies will be advertised through the choice based lettings scheme, the
Council will make a direct offer of accommodation to applicants at the Council’s discretion. All
direct offers must be authorised by the Allocations Panel and recorded appropriately.

6.11.2 A ‘direct let’ may be considered for any applicant whose assessment results in them being
placed in Band A of the Housing Register and where, in the judgement of the Council, a ‘direct
let’ offers a much better prospect of securing a move than may be achieved by bidding for a
suitable home.

6.11.3 The following applicants may qualify for a direct offer of accommodation but only if
approved by the Allocations Panel:

• Where an existing council tenant or partner housing association tenant in Brent has
been approved by the Allocations Panel for an emergency management transfer
because of harassment, domestic abuse or hate crime.
• Where an applicant needs to move urgently because of an emergency medical or
welfare need, including emergencies and situations where there are serious
safeguarding implications.
• Where it is in the overriding interests of the Council to prioritise an allocation of housing
to a particular household and/or it is necessary to comply with a Court Order and/or
fulfil an urgent statutory or legal duty.
• Where a council tenant or housing association tenant in Brent is occupying a specially-
adapted home or under-occupying a large family home and is willing to transfer to a
home that is more appropriate to their needs.
• Where an applicant has been assessed by a Multi-Agency Public Protection Panel
(MAPPA) and it is decided by that Panel that the applicant should be offered social
housing
 • Where an applicant is being moved under a national witness mobility/protection
scheme
• Where a specially adapted property has been built, acquired or adapted in order to
meet the needs of a specific applicant
• Where a council tenant or housing association tenant in Brent requires extensive
disabled facilities that can be provided more appropriately in alternative
accommodation of a particular type.
• Where a property is currently occupied by a homeless household (as temporary
accommodation and on the basis of a non-secure tenancy) and that property is then
offered to them as an introductory / starter tenancy or secure / assured tenancy
• Where an applicant is a former council tenant who has previously surrendered their
tenancy (without the need for possession proceedings) on the understanding that,
when they leave prison, hospital, rehabilitation or residential care, or have successfully
completed a supported housing tenancy, they will be offered the tenancy of a bedsit or
one-bedroom home. Where any delay in providing the applicant with suitable
accommodation is likely to prove costly to the Council.

6.11.4 Accepted homeless households by Brent Council, who have been identified by the
Allocations Panel to be made a direct offer under part 6 of the Housing Act 1996, may be made
one direct offer in line with scheme. If the offer is refused on unreasonable grounds, full housing
duty will be discharged. Direct offers to approved homeless applicants are made in exceptional
circumstances, where it is in the overriding interest of the Council to prioritise an allocation of
housing to a particular household and/or it is necessary to comply with a Court order and/or
fulfil an urgent statutory or legal duty.

6.11.5 Properties will be selected for direct offers on the basis of the assessed requirements of
the applicants.

6.11.6 Where a ‘direct let’ is made, the property will not be advertised through the choice based
lettings scheme. However, to ensure transparency, the Council will report that the property has
been used as a ‘direct let’.

6.12 Sensitive lets assessment

6.12.1 The Council will make an assessment of risk to the community of any applicant who has
been convicted of a criminal offence and is considered to present a significant risk to potential
neighbours and/or communities. This will include applicants assessed as a risk through MAPPA
panel arrangements.

6.12.2 At the time of registration, an applicant will be asked if he/she or anyone who will be
residing with them has a conviction of a criminal offence or anti-social behaviour order. The
question is asked to all applicants. If the applicant answers yes, a supplementary set of questions
is asked and permission sought from the applicant to contact the Police and/or Probation
Service.

6.12.3 The result will be one of the following:

• Some applicants will be assessed as not qualifying due to evidence of past unacceptable
behaviour
 • Some applicants will be deemed lower risk providing they agree to and sign to a
behaviour contract. On a case by case basis the Council may only make offers to certain
applicants when an appropriate package of support is in place.

• Some applicants will be assessed as requiring a high priority in the interest of the public
protection cases and under these circumstances will be awarded a direct offer, as
agreed with the appropriate bodies/organisations.

6.13 Making an offer of accommodation

6.13.1 Before offering an applicant the tenancy of social housing, the Council will need to verify
what the applicant has said in their housing application and ensure that the applicant is in the
appropriate Band, has the correct priority date and is eligible for the size and type of the
property available.

6.13.2 If an applicant fails the verification process, they will not be offered the tenancy of the
accommodation even if they are the highest in the shortlist of applicants who have confirmed an
interest in being offered the tenancy. In such cases, the applicant will be advised of the reasons
for this decision.

6.13.3 The successful applicant for each home will normally be the one who is eligible, meets any
labelling criteria, and has been verified as being in the highest Band and having the earliest
effective date.

6.13.4 The Offer letter describes the action the applicant must take to accept the offer of
accommodation. The tenancy will commence on an agreed date after the property is ready for
occupation. The tenancy commencement date (Rent Liability Date) will normally be the Monday
after the sign up date. An alternative date maybe allowed in exceptional circumstances, and
agreed between the landlord and the Council.

6.14 Refusing an offer of accommodation

6.14.1 When a shortlisted applicant views a home and says they are no longer interested in
being offered the tenancy, the next applicant on the shortlist will be considered.

6.14.2 The consequences of refusing an offer of accommodation depend on the circumstances in

which the offer is made. It is important for an applicant who is owed a rehousing duty under Part
7 of the Housing Act 1996 (as amended) to understand that the refusal of a suitable offer of
accommodation is highly likely to result in the Council’s duty to accommodate them under Part 7
being discharged, the loss of any temporary accommodation as well, and the loss of, or
reduction of priority under this Housing Allocations Scheme. The applicant may still be entitled
to a “reasonable preference” under Band C- under section 166A (3) of the Housing Act 1996 if
they are still homeless from the circumstances of their original housing application.

6.14.3 If an applicant (who is not subject to ‘auto-bidding’) bids for a property through the choice
based lettings scheme, they can withdraw their interest in that property without penalty.

6.14.4 However, if they refuse two written offers after making successful bids, the Council may
suspend the applicant from bidding for homes through the choice based lettings scheme for a
period of up to 12 months.

6.14.5 If an applicant is living in temporary accommodation and is made a direct offer of

accommodation, they are expected to accept any suitable offer of accommodation that is made
to them. If the offer is refused, the applicant will be invited to reconsider the offer within the
 specified time period but applicants are encouraged to accept offers. They have the right,
however, to request a review of the suitability of that offer of accommodation. Where such an
applicant refuses an offer of suitable accommodation, the Council’s duty to accommodate them
under Part 7 of the Housing Act 1996 (as amended) will be discharged. This means that, subject
to the outcome of any review, the Council will stop providing the applicant with temporary
accommodation. As well as losing their priority for housing (based on them being homeless), the
applicant will have to make their own arrangements for housing.

6.15 Refusing a direct offer of accommodation

6.15.1 All applicants refusing properties offered directly must give their reasons for refusal.
While the refusal is being investigated, the relevant team will hold the property for 48 hours. At
the end of this period a decision will be made whether to enforce the offer on the applicant or
whether the property should be withdrawn. Properties will not be held longer than 48 hours. If
medical evidence or any other evidence is needed to substantiate refusal reasons than this
information needs to be submitted and investigated within 48-hour time period. It is the
responsibility of the applicant to provide this. The Social Housing Assessment and Lettings Team
Leader will consider reasons for refusals of direct offers and decide on appropriate action.

6.15.2 If an applicant is offered a ‘direct let’ (based on an individual assessment of their

requirements), the Council will consider the applicant’s reasons for refusing the offer and decide
whether or not it was reasonable for them to refuse the offer:

• Where the Council decides that it was reasonable for the applicant to refuse the
accommodation offered, the Council will make one further offer of a ‘direct let’ of
suitable accommodation.

• Where the Council decides that it was unreasonable for the applicant to refuse the
accommodation offered, the Council will make no further offers of a ‘direct let’ and, if
the applicant is living in temporary accommodation, consideration will be given to
whether or not that offer discharges the Council’s duty to accommodate them under
Part 7 of the Housing Act 1996 (as amended).

6.15.3 If an applicant is living in temporary accommodation and is offered a ‘direct let’, they will
be expected to accept any suitable offer of accommodation that is made to them. If the offer is
refused, the applicant will be invited to reconsider the offer within the specified time period but
applicants are encouraged to accept offers. If they still refuse the offer, the Council’s duty to
accommodate them under Part 7 of the Housing Act 1996 (as amended) will be discharged.
Applicants have the right to request a review of the suitability of that offer of accommodation
(except in management transfer cases). Where the Council decides that the accommodation
offered was not suitable (so it was reasonable for the applicant to refuse the offer), the Council
will make one further offer of a ‘direct let’ of suitable accommodation. Where the Council
decides that the accommodation offered was suitable the Council’s duty to accommodate them
under Part 7 of the Housing Act 1996 (as amended) will be discharged. This means that the
Council will stop providing the applicant with temporary accommodation and the applicant will
have to make their own arrangements for housing.

6.16 Failing to respond to an offer of accommodation

6.16.1 If an applicant fails to respond to a written offer of accommodation within the timescales
specified, without good reason, they will be considered to have refused that offer of
 accommodation. In these circumstances, the Council will have discharged its duty under the law
and no further offers of accommodation will be made.

6.17 Discretionary powers

6.17.1 The Council recognises that there may be exceptional circumstances where the only way
to an exceptionally urgent housing need can be resolved is through the use of management
discretion. Discretionary decisions are made by the Operational Director for Community
Wellbeing who may delegate this responsibility to the Allocations Panel. In the interests of
fairness to all these applicants these circumstances are to be kept to a minimum. Examples of
exceptional circumstances include, but are not limited to:

• Emergency cases whose homes are damaged by fire, flood or other disaster maybe
provided with another tenancy if it is not possible to repair existing home, or if any work
to repair is to take such a long time that there will be serious disruption to family life.

• Households, who on police advice must be moved immediately due to serious threats to
a one or more members of the household or whose continuing occupation pose a threat
to the community, including the National Witness Mobility Scheme or Safe and Secure.

• An applicant who has an exceptional need that is not covered by the Allocations Scheme
as authorised by the Operational Director for Community Wellbeing. For example,
where child or public protection issues require rehousing or for severe domestic abuse
where all other options to remain in the home or secure alternative accommodation
have been considered but failed.

6.17.2 Such cases will generally be placed in Band A or maybe made direct offers of
accommodation. A list of all cases given Band A and a subsequent let under management
discretion will be kept, monitored and reported on annually for the purposes of monitoring this
scheme.

6.18 Accepting an offer of accommodation

6.18.1 The Offer letter describes the action the applicant must take to accept the offer of
accommodation, including signing the tenancy agreement and collecting the keys.

6.18.2 If an applicant signs a tenancy agreement and then rejects the property, this does not
count as a refusal of an offer of accommodation because, at this stage, they are the tenant of
that property.

6.18.3 If they have already given notice on their previous home, it may not be possible for them
to withdraw the notice. Also, as they have accepted a tenancy, it is likely that their landlord will
insist on receiving 4 weeks’ notice (and will be entitled to rent during that time) if the tenant
decides that they do not want to continue with their new tenancy.

6.18.4 Where the applicant is living in temporary accommodation and refuses to move out of
that accommodation after signing a tenancy agreement in respect of alternative, settled
accommodation, they will be evicted from their temporary accommodation and the Council’s
duty to accommodate them under Part 7 of the Housing Act 1996 (as amended) will be
discharged. This means that the applicant will have to make their own arrangements for housing.
6.19 Withdrawing an offer of accommodation
6.19.1 A written offer of accommodation can only be withdrawn from an applicant (before the
tenancy agreement is signed) where one or more of the following situations applies:

• The applicant has made a false declaration or failed to provide the Council with up-to-
date information and that, after reviewing their housing application, the Council has
determined that the applicant is not eligible for the property;

• The property details available at the time that the written offer was made were
incorrect and it was subsequently discovered that the size and type of the property is
not, in fact, suitable to the applicant’s needs;

• The applicant’s eligibility has changed, since the written offer of accommodation,
following a review of the application;

• The Operational Director for Community Wellbeing decides that, taking all factors into
account, the property should not have been offered to the applicant.

6.20 Feedback on the letting of social housing

6.20.1 After each advertising cycle, the Council will provide feedback on the outcomes of the
bids it has received in respect of the social housing advertised through the choice based lettings
scheme.

6.20.2 For each letting, the Council will provide the following information:

• The size, type and location of the home

• The number of applicants who bid for the property

• The Band and priority date of the successful bidder

6.20.3 In order to ensure transparency, the feedback will also include any homes that were let as
‘direct lets’ and were not advertised through the choice based lettings scheme

6.20.4 Feedback is important because it helps applicants to assess their housing prospects and
make informed choices about their future housing.

6.21 Homes in lower demand

6.21.1 Where there are no expressions of interest from eligible applicants, a home will be re-
advertised or the criteria for selection will be reviewed.
7. Rights of information

7.1 Your information and rights

7.1.1 In accordance with the Data Protection Act 2018 and the Data Protection Privacy and
Electronic Communications (Amendments etc. EU Exit) Regulations 2019, all Housing
Register applicants have the right to see information held by Brent Council about them. This
includes the right of access to the information held about them and the right to challenge
the accuracy of that information.

7.1.2 Please visit www.brent.gov.uk for more information about data protection.

7.2 Confidentiality
Information about a housing application must only be disclosed to a third party on a “need to know”
basis and in the following circumstances:

• For the purpose of effective joint working with health, education, social services and/or
other agencies, to ensure the safeguarding of children and vulnerable adults and
positive outcomes for households.
• For the purpose of detecting and preventing fraud.
• For maintaining community safety and the detection and prevention of crime.
• For efficient administration of offers of re-housing, lettings, housing association
nominations rent and benefit accountancy.
• Where disclosure of information is a legal requirement.

7.3 Access to personal files

7.3.1 Applicants have a right of access to their personal data and relevant supplementary
information this is known as a Subject Access Request (SARs). Applicants can request to access this
online/in writing – please visit www.brent.gov.uk for more information.

7.4 Misrepresentation and fraud

7.4.1 Brent Council and its partners are committed to prosecuting any applicant who deliberately
misrepresents their circumstances or attempts to deceive or defraud the Council in order to
secure the tenancy of a council or housing association home to which they are not entitled.
7.4.2 The law imposes severe penalties (including substantial fines or imprisonment) where an
offence is proved. If the applicant has gained a tenancy through misrepresentation or fraud,
legal action will be taken to recover possession of the property and evict them.

7.4.3 It is a criminal offence for Housing Register applicants and/or anyone providing supporting
information to knowingly or recklessly make false statements or withhold reasonably requested
information relevant to their application )s171 Housing Act 1996 or s2 and s3 Fraud Act 2006).
8. Reviews, appeals, complaints, Councillors and monitoring
8.1. Right of review
8.1.1 Applicants have the right to request a review of decisions made regarding their application.
This includes the right to request a review of:

• The decision to refuse an application to join the housing register because the applicant is
considered to be ineligible or does not qualify under the Allocations Scheme
• The removal of an applicant from the Housing Register
• Offers of housing
• The facts of an applicant’s case which are likely to be or have been taken into account in
considering whether or not to allocate accommodation to them
• Homeless applicants may also have a statutory right of review on decisions relating to their
homelessness applications, including the suitability of accommodation offered and any
discharge of duty.

8.2 How to request a review

8.2.1 Applicants who disagree with a decision made by the Council may request a review, in writing,
within 21 days of the date of letter that informed them of that decision. The review request must
outline the reasons why the applicant thinks the decision is wrong.

8.2.2 If an applicant is unable to put the request in writing, they may be offered an interview to
explain why they disagree with the decision.

8.2.3 Where an applicant has requested a review, the Council is required to respond to it, in
writing, within 56 days. This period starts from the date that the Council receives the
applicant’s request for a review.

8.2.4 Where the Review Officer finds in favour of an applicant who has been prevented from
joining the Housing Register or has been given ‘reduced preference’, the original decision will
be cancelled and the housing application will be awarded the correct priority date and
priority band.

8.2.5 The London Borough of Brent’s decision on review is final and any challenge to that decision
can only be made through judicial review proceedings.

8.2.6 Reviews will be carried out by a senior member of staff at London Borough of Brent or
delegated to anappropriate officer who was not involved in the original decision.

8.3 Requesting a review of the suitability of an offer of housing

8.3.1 Under the choice based lettings scheme, there are generally no penalties for most applicants
who refuse an offer of permanent accommodation. However, if applicants refuse a direct offer, the
Council may discharge its homelessness duty if they refuse an offer of suitable accommodation.

8.3.2 Where an applicant refuses an offer of accommodation, the Council may ask them to
complete a form to record the reasons why the property has not been accepted. This
information will be used to monitor the lettings process and the standard of
accommodation, and to inform future decisions on the way in which services are delivered.
8.3.3 If an applicant wishes to request a review of the suitability of an offer of housing, they must
submit their request to the Council in writing within 21 days of the offer being refused. The
Council will normally confirm, in writing, the outcome of the review within 56 days and, in its
reply, it will describe any further rights of appeal that the applicant has if they are still not
satisfied with the decision.

8.3.4 Where the Review Officer decides that the offer of accommodation was not suitable, any
penalty that has been imposed (including the discharge of the Council’s homelessness duty)
will be cancelled:

• Applicants who have not accepted the offer will be entitled to another offer of
accommodation (through choice based lettings or a direct offer, as appropriate)

• Applicants who have accepted the offer and taken on the tenancy of that accommodation
will be placed in Band A of the Housing Register and will be given an effective date that
matches the date that they accepted the tenancy.

8.4 The council’s complaints procedure

Complaints about the way the Council has implemented the Allocation Scheme or its associated
procedures should be made online via Brent Council’s website

8.4.1 If an applicant is dissatisfied with any aspect of the way in which their application for housing
is dealt with (other than one of which a review can be requested), they should contact the
Council and, if the matter is not resolved to their satisfaction, complete a complaints form.
8.4.2 Complaints will be dealt with in accordance with the Council’s Corporate Complaints Scheme.
The Council operates a two-stage complaints procedure:
8.4.3 Stage 1 – Local Resolution, investigated by the service manager about which the complaint is
made. A written response will be sent within a maximum of 20 working days from the date
the complaint was received by the department. For more complex enquiries, requiring
further investigation, a holding response may be sent informing the customer of the date
they can expect a full response.
8.4.4 Stage 2 – Final Review, investigated by a corporate complaints officer. A written response
will be sentwithin a maximum of 30 working days from the date the complaint was received.
8.4.5 If, after stage 2 investigations, the customer remains dissatisfied, the complaint should be
made to the Local Government Ombudsman. Details of how the complaint can be escalated
to the Local Government Ombudsman, including contact details, will be included in the Final
Review response.

8.5 Local Government Ombudsman

8.5.1 The Local Government Ombudsman investigates complaints of injustice and unfairness
resulting from maladministration by local authorities and other organisations. They can be
asked to investigate complaints regarding most council matters including housing.

8.5.2 The Local Government Ombudsman normally asks complainants to give the Council an
opportunity to deal with a complaint in the first instance, before agreeing to investigate.
However, if the complainant remains dissatisfied with the action the Council has taken, they
can send a written complaint to the Ombudsman.
8.6 Councillors’ involvement in decision making
8.6.1 Elected Councillors cannot be involved in assessing housing applications or the allocation of
housing. This does not prevent them, however, from seeking or providing information on behalf
of their constituents, or from being involved in developing and approving a future scheme.

8.6.2 Members of the Council, staff and their relatives

In order to ensure that the Council is treating all applicants fairly, any application for housing or
rehousingfrom Councillors or employees of the Council or associated persons must be disclosed.

8.6.3 These applications will be assessed in the normal way but any allocation of housing must be
approved by the Operational Director for Community Wellbeing.

8.7Equal opportunities and monitoring

Brent Council is committed to the principle of equal opportunities in the delivery of all of its
services. Brent Council will seek to ensure that its Housing Allocations Scheme is applied in a manner
that is fair to all sections of the community regardless of nationality, ethnic origin, marital status,
pregnancy or maternity, religion or belief, age, sex, gender reassignment or disability.

8.7.1 Brent Council and its partners will be responsive, accessible and sensitive to the needs of all
applicants. They will not tolerate prejudice and discrimination and will actively promote
equality.

8.7.2 Applicants will be invited to indicate if they wish to make use of the Council’s translation and
interpretation services, and if they require other special services as a result of visual
impairment, hearing difficulties or other disability.

8.7.3 Confidential interview facilities are provided at all Customer Service Centres and the Brent
Civic Centre, all of which are wheelchair accessible. Home visits will be carried out as required,
especially where the applicant has a disability or mobility problems.

8.7.4 All applicants for housing or re-housing will be asked to provide details of ethnic origin, age,
gender, faith, sexuality and disability and other protected characteristics. This will not,
however, be a requirement for acceptance of an application. Diversity records will be kept and
monitored on a regular and systematic basis to ensure properties are being offered and
allocated fairly, and will be reported to the Overview and Scrutiny Committee.

8.7.5 The Brent Housing Allocations Scheme (including amendments) will be reviewed regularly in
order to ensure that it does not operate in a manner that disadvantages, or discriminates
against any particular group.
9. Offering housing to applicants who owe rent
9.1 Tenants on the Housing Register will not normally be offered a new tenancy if they are in rent
arrears. This includes current and former rent arrears (including temporary accommodation arrears),
damage to a former social housing property or legal costs arising from court action in connection
with current or former tenancy.

9.2 Where a tenant owes no more than four times their weekly rent (less any housing benefit
payable), they may still be offered housing if they are willing and able to pay all of the rent owing
before they sign the tenancy or, if they are a housing association tenant, before they are offered the
tenancy. This is checked with the Registered Provider at the time.

9.3 If they are a housing association or council tenant, they may still be offered a new tenancy
(despite owing more than four weeks’ rent) if:

• They need to move urgently because of a critical medical or welfare need, including
emergencies and situations where there are critical safeguarding implications;

• They have been approved for an emergency transfer because of harassment, domestic abuse
or hate crime;

• They need to move out of their home (temporarily or permanently) in order to allow repairs
or redevelopment to take place;

• They are under occupying a family home that has three or more bedrooms and they are
willing to transfer to a home that has at least two fewer bedrooms;

• They are under occupying a specially adapted home and are willing to transfer to a home
that is more appropriate to their needs.

9.4 Where an applicant is under occupying their home and entitled to receive a financial incentive
for transferring to a smaller home, the transfer incentive payment will be used to reduce or clear any
arrears.

9.5 If the applicant is living in temporary accommodation provided by the Council under Part 7 of the
Housing Act 1996, as amended, they may still be offered housing if they have been paying their rent
regularly, reducing their arrears to the satisfaction of their landlord and entered into an agreement
to pay all outstanding rent, by affordable instalments, over an agreed period of time.

9.6 Applicants who have successfully bid for a property will be bypassed if they are found to be in
rent arrears unless:

• Their rent arrears do not equate to more than four weeks’ of their eligible rent

• The applicant has an arrangement in place to pay the arrears and have demonstrated that
they have done so for a period of six months and the amount payable is under £1000

9.6 In exceptional circumstances, where there is an urgent need for a housing association or a
council tenant to move on social or housing management grounds, a new tenancy may still be
approved, despite the arrears. Approval would be subject, however, to the agreement of the
appropriate Operational Director and the applicant’s landlord.
10. Tenancy matters
10.1 Introductory and fixed term tenancies
10.1.1 The Council intends to take full advantage of the freedoms and flexibilities afforded by the
Localism Act 2011. The Council’s approach to flexible tenancies is set out in the Tenancy Strategy
document.

10.1.2 In summary, applicants who are offered permanent housing where the landlord is the
Council will be offered an introductory tenancy followed by five year fixed term tenancies (in
some instances two year tenancies). Where the landlord is a Registered Provider a starter
tenancy or fixed term assured tenancy will be offered, according to their scheme.

10.1.3 Introductory tenancies are ‘probationary tenancies ‘and provide reduced security of
tenure during the first year. If the tenancy is conducted to the landlord’s satisfaction, it will
automatically convert to a fixed term tenancy or fixed term assured tenancy after 12 months
have elapsed.

10.1.4 Tenants with an introductory or starter tenancy cannot mutually exchange their home or
assign their tenancy but are eligible to transfer.

10.2 Fraud investigation

10.2.1 The Council recognises its duty to protect public resources it administers. Detailed
enquiries about applications will therefore be made in order to guard against misrepresentation
and fraud. Such enquiries will be made in all cases where applicants appear to have sufficient
priority for an offer of re-housing and in other cases as resources allow and maybe made at any
time either at the time of application or subsequently including after any grant of tenancy.
Applications will be suspended if there is evidence of misrepresentation or fraud until enquiries
are completed.

10.2.2 Any applicant seeking to obtain accommodation by making false or misleading statement
or by withholding relevant information or by failing to inform the Council of any material change
in circumstances is liable to have his/her application cancelled. Prosecution will be considered
where it appears to the Council that a criminal offence has been committed. Proceedings for
possession will be taken to recover any tenancy granted in consequence of a fraudulent
application for housing.

10.3 Sustaining a tenancy

10.3.1 The Council intends to scrutinise more closely the ability of applicants to sustain a tenancy
that is being sought for two reasons. There needs to be some certainty that the applicant is able
to take on the responsibilities associated with a new tenancy and that there is no history of anti-
social and/ or criminal behaviour associated with a previous tenancy. In tandem, the Council also
needs to be mindful of the Government’s welfare reforms, specifically in respect to Universal
Credit reforms, which will cap the amount of benefits a household can receive. This is likely to be
particularly relevant to households in large family accommodation where a significant proportion
of this house type is both expensive and in short supply.

10.4 Joint tenancies

10.4.1 The council will normally only offer joint tenancies to applicants (including existing
tenants) who have satisfied the Council of their intention to live together on a long-term basis.
10.4.2 There is no right to a joint tenancy and a request for one will not be agreed in the
following cases:

• Where there is a current Notice of Seeking Possession or Notice to Quit against the tenant;
• Where Brent Housing Management is contemplating serving or re-serving a Notice of
Seeking Possession or Notice to Quit;
• Where there are housing management problems such as nuisance or anti-social behaviour;
• Where an acceptable agreement is not being maintained in respect of rent arrears;
• Where one of the proposed joint tenants is ineligible for an allocation of housing due to their
immigration status or behaviour.

10.4.3 Council tenants who hold a joint tenancy but who have experienced a relationship
breakdown can apply to the Housing Register. Should one or other party be successful in
securing an offer of accommodation, s/he will be required to serve notice to terminate the joint
tenancy. The Council will then make a decision on the future of the remaining joint tenant in
accordance with succession of tenancy rules. In cases of proven domestic abuse the Council will
always seek possession of the property.
11 Local lettings policies
11.1 Introduction
11.1.1 It is important that, in most circumstances, priority for accommodation goes to those
households in greatest need. Consideration needs to be given, however, to whether or not it
may also be possible to:

• Achieve a balance between meeting the housing needs existing tenants and new applicants;
and

• Promote more sustainable and balanced communities by ensuring a mix of households and
widening the opportunities for those who are not in greatest housing need.

11.1.2 In exceptional circumstances, the council and its partners may decide to allocate properties
in a different way to promote the interests of building strong and sustainable communities or to
deal with particular local issues. This is done through a Local Lettings Policy.

11.2 Legislation and guidance

11.2.1 Section 167 (2E) of the Housing Act 1996 (as amended) enables housing authorities to
allocate accommodation to people of a particular description, whether or not they fall within
the reasonable preference categories.

11.2.2 The decision to apply a Local Lettings Policy will be made jointly by the Council and the
landlord of the property. Such policies should not directly or indirectly discriminate against any
particular person.

11.2.3 Agreed for a specific period of time, a Local Lettings Policy will only be approved if it
forms part of a strategy to tackle identified problems or contribute to sustainable communities.

11.2.4 Local Lettings may be dealt with by restrictive labelling of vacancies advertised through
the choice based lettings scheme.

11.3 Purpose of local lettings policies

11.3.1 The purpose of Local Lettings Policies is to ensure a balance between housing priority (in
accordance with legal duties and responsibilities) and the longer term sustainability of local
communities.

11.3.2 Local Lettings Policies may be used to achieve a wide variety of housing management and
other policy objectives, including:

• Reducing the incidence of anti-social behaviour

• Dealing with concentrations of deprivation

• Improving difficult-to-let estates

• Protecting existing stable communities

• Preventing future problems occurring on newly developed estates or in relation to recently

modernised properties

• Helping to create balanced communities and achieve wider community objectives, such as a
broader social mix and supporting and encouraging people into employment
 • Helping the council to achieve its strategic objective of building more affordable housing for
residents for example, building more houses on existing estates or regenerating existing
estates

• Making best use of the Council’s housing stock.

11.4 Local lettings policies – properties

11.4.1 Local Lettings Policies may be used, for example, in an area or a block of flats with serious
management problems, which put other tenants at significant risk and where other action has
failed.

11.4.2 If a Local Lettings Policy is applied to an area due to history of anti-social behaviour,
applicants applying for such properties may be asked to supply a tenancy reference and confirm
that they, or a member of their household have no history of criminal convictions (this does not
cover those convictions that are legally spent or are covered by the Rehabilitation of Offenders
Act 1974).

11.4.3 for existing social housing, action against the perpetrators must be Identified and agreed
if possible with the other involved agencies before a decision is made as to whether or not Local
Lettings Policy should apply.

11.4.4 Where it is proposed to introduce such a policy, there will need to be clear evidence that
it is desirable and a time limit for a review of not more than 2 years will apply. The implications
for equal opportunities and the ‘reasonable preference’ criteria of the law will be considered.

11.4.5 For new social housing, the landlord in agreement with the Council may decide to let
properties under a Local Lettings Policy. The reasons for doing so need to be clearly stated and
should fall into one or more of the following categories:

• Targeting some properties to lower need Bands on first lettings. Equal opportunities and
legal issues would need to be taken into account;

• On first lettings the landlord, in consultation with the Council, may consider under occupying
properties to achieve lower child densities;

• On first lettings, the landlord in consultation with the Council may consider restricting the
number of vulnerable applicants with high support needs from being offered a property.

11.4.6 Sometimes registered social landlords may have agreed that they will allow a certain
amount of their stock to go to their own tenants. If this happens, homes may be advertised
accordingly, subject to the Council’s agreement.

11.5 Local lettings policy – people

11.5.1 A Local Lettings Policy may be used if the Council knows that an applicant has committed
serious offences that restrict where they can live. This may include Registered Sex Offenders or
those identified as posing a serious risk to a specific community. In such cases, the Council will
consult fully with the Police, the Probation Service and other interested parties.

11.5.2 There may also be occasions when it is necessary and appropriate to make sensitive
lettings to a property that has become vacant following a period of serious nuisance or anti-
social behaviour that has been caused by the drug, alcohol or mental health issues of the former
 tenant and/or their associates. In such instances, applicants who have such issues (and are likely
to cause similar problems to arise) will be prevented from being considered for the property.

11.5.3 Local Lettings Policies may also be used to support the delivery of local initiatives set up
to strengthen local communities and improve communities and improve residents’
opportunities. This may involve, for example, prioritising key workers or setting aside a
proportion of available lettings in the locality for applicants who are in employment, education
or training.

11.6 Monitoring and review

9.6.1 To ensure that housing allocations continue to comply with the duty to give reasonable
preference to applicants in the reasonable preference category, and also with the Council’s
equalities duties, the Council will record and monitor the number of local lettings that result
from the use of Local Lettings Policies.
12 The Banding scheme
12.1 Each application for housing will be assessed and placed in the appropriate Housing Needs
Band, based on individual circumstances of each case. Reasonable preference, where
appropriate, is awarded in accordance with legislation and guidance.

12.2 The following is a description of the main provisions of the Housing Needs Bands and is
intended to provide a summary of these provisions. Applicants should refer to the relevant
sections of this Scheme for further information on the provisions of each Band.

12.3 Demand groups

Band A: Emergency
The London Borough of Brent will endeavour to review Band A cases every six months from
the date of being awarded to ensure there is still a need to move.
Band A: Identified Summary of criteria
housing need

Decants Brent Council tenants where the property is imminently required

(within 9 months) because of lease expiry or for essential work (e.g.
Redevelopment scheme) as agreed by the Operational Director of
Housing.

Brent Council tenants who need to move to allow major repairs or

full scale rehabilitation/conversion work to be carried out. If the
works to the property are estimated to take 3 months but this
timescale is not achieved; or the health of the tenant or a member
of their household will be severely affected if they have to leave
their home and then move back again at a later date, the tenant
may be awarded decant priority Band A.

Emergency Medical Granted only in exceptional circumstances as recommended by the

Medical Officer when applicants/tenants or member of their
household has a life threatening condition which is seriously
affected by their current housing.

Emergency Applies to Brent Council tenants and tenants of Registered

Management Transfer Providers (where the Council has nomination rights) in exceptional
circumstances, when all other housing options have been
exhausted. Upon a referral, the Allocations Panel can approve a
transfer to alternative social housing if the Panel determine that it
is essential to ensure the personal safety of the tenant, members
of their household and/or the local community. Such households
will be moved to appropriate sized accommodation to meet all of
their housing needs, including overcrowding.

Exceptional Social Applies to Brent Council tenants with exceptional circumstances -

Grounds following a referral by a case officer to the Allocations Panel
whereby the Panel agree that due to significant and
Band A: Identified Summary of criteria
housing need

insurmountable problems associated with occupation of a dwelling

and other housing options have been exhausted.

This will include homeless households who are owed the main
homelessness duty by Brent under s193 (2) of the Housing Act
1996.

Statutory Duty Private sector tenants where the Council’s Private Housing Services
has determined that a property poses a Category 1 Hazard and a
Closing Order has been issued. In addition, the Allocations Panel
has considered and is satisfied there is no alternative solution and
the problem cannot be resolved by the landlord within 9 months.

Social Services To enable fostering or adoption by Brent residents where an

(Children In Need) agreement has been reached to provide permanent
accommodation on the recommendation of the Director of Brent’s
Children’s Services and agreed by the Assistant Director of Housing.

Special Guardianships Where an order has been made by the Family Court pursuant to
Section 14 A-G of the Children Act 1989 which places a child or
young person to live with someone other than their parent(s) on
a permanent basis and gives this person parental
responsibility for the child. Rehousing is necessary for this reason
on the recommendation of the Director of Brent’s Children’s
Services and agreed by the Assistant Director of Housing.

Release of an adapted Where a Brent Council tenant or Housing Association tenant is

home willing to transfer to a suitable non-adapted property and they are
releasing an adapted property to be given to Brent Council under a
reciprocal agreement.

Under occupation A Council or Housing Association tenant in Brent who is giving up

Incentive Scheme one or more bedrooms to move to a smaller property.

Where a Housing Association tenant is resident in Brent under an

assured tenancy and is willing to move to smaller accommodation
and the vacant property is given to Brent Council under a reciprocal
agreement.

Succession to Tenancy Where succession has occurred and the succeeding tenant is willing
to move to alternative smaller accommodation in line with
succession scheme as agreed by the Allocations Panel.

Housing Register Urgent need to move as agreed by housing in liaison with Social
Services/Police/other welfare agency, to give or receive
care/support, child protection reasons or other urgent
social/welfare reasons and as approved by the Allocations Panel
following a referral from the housing department.
 Band A: Identified Summary of criteria
housing need

Former Service Council employees who have been service tenants for at least five
Tenants years prior to 01/08/1990 and need to move from accommodation,
which is tied to their employment due to retirement because of old
age/medical reasons/redundancy as part of a Council decision.

Band B: High Priority to move

The London Borough of Brent will endeavour to review Band B cases every six months from
the date of being awarded to ensure there is still a need to move.

Band B: Identified Summary of criteria

housing need

Urgent Medical Applicant is assessed as having an urgent medical need as

recommended by the Medical Officer where the current housing of
an applicant or a member of the applicant’s household is having a
major adverse effect on their medical condition.

It will not apply where the effect of housing conditions on health is

comparatively moderate, slight or variable.

Management Transfer Applies to Brent Council tenants only - following a referral by a

case officer to the Allocations panel whereby the Panel agree that
due to fear of violence or domestic abuse and/or due to
exceptional social, educational or economic circumstances
associated with occupation of a dwelling and there is a serious risk
to the tenant or their family if they remain in the dwelling.

Sheltered Housing Applicants who require sheltered housing or designated schemes

for older people.

Overcrowding -Band B Applies to all Brent Council tenants who are statutorily
overcrowded in accordance with Part X of the Housing Act 1985

Armed Forces Ex-member of the armed forces in accordance with the

regulations.

Move On Applicants such as young people who are Care Leavers and people
requiring move on from hospital, residential care or supported
housing – these applicants are nominated for move-on
accommodation by named agencies below in accordance with
nominations agreement/protocol and agreed by the Allocations
Panel on a case by case basis.

Children leaving Care - Young people referred by Brent Social

Services who are unable to make alternative arrangements.

Probation Service - Applicants nominated to Brent Council by the

Probation Service to avoid the risk of reoffending and where
 Band B: Identified Summary of criteria
housing need

housing is a particular issue as judged by the Probation Service in

Brent.

Children Services - Existing tenants and non-tenants referred by

Brent Social Services where accommodation is needed on grounds
of children’s welfare e.g. child protection cases.

Adult Social Care - To release supported housing and approved for

independent living by Brent Social Services and The Housing
Department.

Voluntary Sector – To release supported housing but not known to

Adult Social Care, and approved for independent living by Brent
StartPlus and Housing Needs.

Band C: Medium priority to move

Band C: Identified Summary of criteria

housing need

Homeless Homeless households assessed under the homelessness legislation

who are eligible and homeless and owed a full statutory duty and
occupying temporary accommodation under s193 (2) of the Housing
Act 1996.

Other homeless households where the above duty applies but the
customer is not in temporary accommodation

Qualifying Offer Households whose acceptance date precedes 9th November 2012,
who have voluntarily accepted a Qualifying Offer into the Private
Rented Sector discharging the Homeless Duty will retain their Band C
and their Homeless acceptance date as a priority date.

Overcrowding – Band Applicants who lack 2 or more bedrooms

C

Poor Conditions Applicants living in poor accommodation in Brent as assessed by

Private Housing Services.

Band C - : Lower priority

Band C - : Identified Summary of criteria

housing need

Band C - : Lower Applicants will be placed in this Band to comply with Section 166A (3)
priority (a) and Section 166A9 (3)(b) of the Housing Act 1996, if they are
homeless and eligible.
 Band C - : Identified Summary of criteria
housing need

During the Prevention and Relief duties under Part 7 of the 1996 Act
pending a decision as to whether a main housing duty is owed under
section 193(2).

If they are owed a duty under 65(2) or 68 (2) of the Housing Act 1985

After a section 184 decision has been reached which specifies that
the applicant does not have priority need (subject to the residency
criteria and exceptions)

Or a section 184 decision that despite a priority need they are

intentionally homeless under sections 191 of the 1996 Act and are
owed a section 190(2) duty (subject to the residency criteria and
exceptions)

Or following a refusal of suitable accommodation under s.193(2) and

following the discharge of duty under sections 193(5) and 193(7AA) (s
subject to the residency criteria and exceptions)

Band D

Band D Summary of criteria

No priority to move Band D clients will be able to log in and view their available housing
options. However, they will be restricted to place bids on Locata for
any properties.
13. Explanation of demand groups
Applicants will be placed in the relevant Housing Needs Band, defined by their specific
circumstances. Reasonable preference, where appropriate, will be awarded in accordance with legal
responsibilities.

13.1 Medical assessments

13.1.1 Applicants who have an illness or disability which is adversely affected by their current
housing situation are required to complete an online Medical self-assessment form on the Locata
website. Assistance in completing this form can be requested from the Social Housing Assessments
and Lettings Team or Brent Housing Partnership officers for transfer applicants.

13.1.2 Medical priority is awarded following an assessment and recommendation from the Council’s
District Medical Officer (DMO).

13.1.3 Medical Forms should be fully completed including as much detail as possible to enable an
accurate assessment. It is not enough for an applicant to describe a medical condition; applicants are
required to describe how their current housing situation is having an adverse effect on their medical
condition. Incomplete medical forms may not be assessed.

13.1.4 The completed medical forms together with any supporting evidence from a GP, Hospital
Consultant or Occupational Therapist, as appropriate, are considered by the Council. Medical self-
assessment forms will only be referred to the Council’s DMO for an assessment and
recommendations if the Council is satisfied that there is a serious medical problem that is made
substantially worse by their current housing situation. If the information in the form does not
warrant any further priority or the same information has been received and assessed before (with no
substantial change in circumstances) then it will not be referred to the Council’s DMO for an
assessment and recommendation.

13.1.5 Medical priority will be awarded depending on the extent the health of the applicant or a
member of their household is affected by their current housing situation and the expected benefits
of providing suitable alternative settled accommodation. The Council’s DMO will take into account all
the housing circumstances (including any element of overcrowding, current floor level, requirement
of additional bedrooms etc.) when making recommendations. The DMO may defer any
recommendations pending further information from the applicants’ GP, Consultant or other
professionals.

13.1.6 Applicants accepted for rehousing under the homelessness legislation and residing in
temporary accommodation provided by the Council, will not normally be eligible for medical priority.
If their temporary accommodation is detrimental to their health, or a move to more suitable
accommodation would have a positive effect on their health, the Council will first look to provide
alternative temporary accommodation.

13.1.7 If the DMO has made a recommendation for a specific type of property, i.e. ground floor only,
and medical priority is awarded but the client consistently bids for properties that do not meet this
requirement, the priority of the applicant will be reviewed and maybe lowered. Before this action is
taken, the bidding process will be discussed with the applicant and the property recommendation
will be explained to ensure that they are aware of the specific types of properties in the Council’s
and their Locata Partner’s stock and how to submit bids.
13.1.8 The DMO’s recommendation is not final and will be reviewed by the Social Housing
Assessments and Lettings Team to ensure that the Council’s Housing Allocations Scheme has been
observed. If it is established that the DMO’s recommendation does not comply with the Allocations
Scheme, the Social Housing Assessment and Lettings Team Leader has discretion to override the
recommendation. Recommendations for Band A on medical grounds will always be reviewed by the
Council’s Social Housing Assessments and Lettings Team to either approve or reject the
recommendation.

13.1.9 Where an applicant is placed in Housing Band A because of the seriousness of their medical
conditions and their urgent need for rehousing, their application and bidding history will be reviewed
by the Council’s Social Housing Assessments and Lettings Team at least every six months. If the
applicant has not secured suitable accommodation within six months, the Council will interview the
applicant and decide whether or not they should remain in Housing Needs Band A.

13.1.10 Medical assessments are an assessment of the impact of the applicant’s current housing on
their medical condition. Applicants are required to inform the Council of all changes in the
circumstances relating to their housing application, including their health and the health of members
of their household. Such changes may result in an increase or decrease in the level of priority they
are awarded.

13.1.11 Where it is decided that the applicant has a medical condition but it is decided that this is
not being significantly worsened by their current housing, no medical priority will be awarded.

13.1.12 The decision regarding medical priority will be notified to the in writing. Applicants who
indicate dissatisfaction with the recommendations made by the DMO may request a review of that
decision. All medical reviews should be made within 21 days of receipt of the decision letter. Reviews
submitted outside of this period will not be considered.

13.1.13 The applicant is required to state the reason(s) for submitting their request for review and to
supply any additional evidence to support this. The appropriate manager will consider the request
for review and if necessary may seek advice from DMO. Medical appeals will not be forwarded to the
DMO if the information contained within only duplicates information previously supplied and has
already been considered. The applicant will be informed of the decision made regarding their appeal
in writing. There is no further right of appeal/review.

13.2 Overcrowding
13.2.1 When assessing overcrowding, the Council will only take into account those people who are
part of an applicant’s household. Applicants who require a larger property than they currently reside
in due to a level of overcrowding will be categorised as either statutory or severely overcrowded, as
defined by the following:

13.2.2 Statutory Overcrowding

13.2.2.1 The Government’s minimum standard of space, which it considers a family, requires to live
in is defined by Part X of the Housing Act 1985. London Borough of Brent tenants will be assessed
using the following to decide if statutory or acute overcrowding exists. This is determined by using
two separate calculations:

• How many “people” are considered to be part of the household

• How many of those people are expected to sleep in each of the rooms available for this
purpose.
13.2.2.2 The definitions are set by the legislation for these two calculations are as follows:

People

An adult living in the property One unit

A Child aged 10 or over One unit

Children aged between 1 and 10 years Half a unit

Children under 1 year Not Counted/Not considered for room standard

Room occupancy

FLOOR AREA OF THE ROOM NUMBER OF UNITS

110 sq foot or more 2

More than 70 but less than 110 sq foot 1.5

More than 70 but less than 90 sq foot 1

More than 50 but less than 70 sq foot 0.5

As a general rule, the following applies:

1 Room = 2 units

2 Rooms = 3 units

3 Rooms = 5 units

4 Rooms = 7.5 units

5 Or more rooms = 2 units per room

Rooms available for sleeping:

• All Bedrooms and living rooms in the accommodation are taken into account in the
calculation, whether or not the household is or wishes to use them for sleeping.
• Open plan kitchen/living rooms are included as sleeping accommodation
• Bathrooms and kitchens are not included as sleeping accommodation
• Rooms with a floor area

13.2.2.3 Statutory overcrowding exists when the numbers of room occupancy units are less than the
calculated person units. Statutory overcrowding will only be awarded to tenants of the London
Borough of Brent).

13.2.3 Overcrowding by the space and room standard

13.2.3.1 The Council will consider overcrowding where applicants are lacking 2 (two) or more
bedrooms than they require in line with the space and room standard. Priority will not be given for
severe overcrowding if the overcrowding is the result of someone moving into the applicants’
household. If applicants need an extra room for medical or welfare/hardship reasons, they will
instead be assessed for medical or welfare priority. If applicants need an extra room for any other
reason(s) this will be assessed and the Council will exercise discretion in these cases. Due to the high
demand for housing, it is likely that this discretion will only be exercised in exceptional cases.

13.2.3.2 Where an applicant is pregnant and will be entitled to a larger property, priority may only be
given for overcrowding when that baby is born.

13.2.3.3 Where the applicant is not the main person who cares for the children named in their
housing application, the children may not be taken into account in the assessment of overcrowding.

13.2.3.4 A second reception room will be counted as a bedroom in the assessment for overcrowding
where it could reasonably be used as such.

13.2.3.5 As the Council has a responsibility to provide suitable temporary accommodation, homeless
households will be provided with a home that is of the appropriate size when they first become
homeless and, if the subsequently become ‘severely overcrowded’ (lacking 2 or more bedrooms),
they will be offered alternative temporary accommodation as soon as practicable. They will not,
therefore, attract any additional priority for overcrowding.

13.2.3.6 Brent Council tenants who are assessed as lacking three or more bedrooms will be given
priority Band B for overcrowding.

13.2.3.7 Existing Brent Council tenants who are registered for a transfer on the basis of overcrowding
are given priority to bid for all new build Council properties. Higher priority will be given to those
tenants living in the new development area for the new build properties over Council tenants living
outside the relevant new development area.

13.2.3.8 If you are a Housing Association tenant and your landlord is a member of Locata, you must
approach your landlord for a transfer as the Housing Association are responsible for dealing with
overcrowding in line with their allocation scheme. If your Housing Association is not a member of
Locata, other housing options may be explored with assistance from the Council if required.

13.3 Under-occupation
13.3.1 The Council is aware that many of its family homes are currently under occupied and that
there are many properties where only one bedroom is used. Whilst we appreciate the rights of
secure tenants the Council is aware of the needs of families registered on the on the Housing
Register that are in need of more suitable housing.

13.3.2 Brent Council tenants that are under occupying their properties and are willing to move to
smaller properties thus giving up one or more bedrooms will be placed in Band A. Additionally, they
are entitled to benefit from the under occupation incentive scheme.

13.3.3 Registered Provider (RP) temergency enants who are resident in the borough and where there
is an agreement that the London Borough of Brent receives full nomination rights to any property
that is vacated by an RP under occupier will be awarded band A priority to enable them to move. RP
tenants are entitled to the under occupation scheme offered by the Council.

13.3.4 If an applicant is an under occupier applying to transfer to a smaller home (downsizing) and
will be awarded Band A priority as an under occupier, then adult family members may be included
on the application.

13.3.5 Council tenants who are registered for a transfer will be given priority to bid for all new build
Council properties. Higher priority will be given to those tenants living in the new development area
for new build properties compared with Council tenants living outside the relevant new
development area.

13.3.6 Where the applicant has rent arrears, any financial incentive that they are due to receive from
moving to smaller accommodation will be used to clear or reduce those arrears. After this has been
done, the balance will be paid to the applicant.

13.3.7 The scheme is not open to those tenants that are required to downsize in regards to
succession of tenancy. This includes tenants who:
• Have succeeded a tenancy and are required to downsize by their landlord
• Have no right to succeed but discretion has been issued by their landlord to allow a tenant
to move into a smaller property.

13.4 Poor, insanitary or unsatisfactory housing conditions

13.4.1 This applies to applicants who are residing in privately rented accommodation or council
tenants in council properties. Poor, insanitary or unsatisfactory housing conditions is determined by
the Council’s Private Sector Housing or by the Council’s in-house surveyors in respect of Council
properties where:

• The applicants’ current property contains category 1 hazards under the Housing Health and Safety
Rating System, and

• The problem cannot be resolved by the landlord or the Council within a reasonable period having
regard to the severity and extent of the defects, and

• Continuing to occupy the home poses a severe risk to health and/ or a member of their household.

13.4.2 This includes a property that has a severe damp; major structural defects including
subsidence; flooding; collapse of roof or has living conditions which are statutory nuisance so far as
there is no prospect of the problem being resolved to an acceptable level within a reasonable period
having regard to the severity and extent of the defects.

13.4.3 A private sector property, either owned or rented, where a Demolition Order has been issued
and is operative under section 165 of the Housing Act 1985.

13.4.4 A private sector property either owned or rented, where a Prohibition Order is operative and
recovery of premises is required in order to comply with the order as defined under section 33 of the
Housing Act 2004.

13.4.5 Applicants who only have access to shared facilities within shared accommodation will not
qualify under these criteria.

13.5 Permanent council decant of council tenants where demolition, refurbishment or sale is
approved

13.5.1 This section applies to Brent Council tenants on an estate that are required to move because
their home will be demolished, lease expiry, or sale, or for major works and the tenant will not be
returning (e.g. development schemes). This may also be necessary if the freehold of the property
belongs to another landlord, the lease is due to end and the Council is obliged to return the property
with vacant possession.

13.5.2 Applicants are expected to bid actively within the specified time period (usually between 6
and 12 months). Priority is awarded for the period of time during which applicants will be expected
to bid. If they fail to bid or bid inappropriately or unreasonably refuse properties, priority maybe
withdrawn and a direct offer, under “one offer only” basis will be made.

13.6 Applicants for whom Brent council has accepted a rehousing

duty under the homelessness legislation
13.6.1 This applies to applicants who are considered to be homeless under the terms of part VII of
the Housing Act 1996, as amended. The Council has a legal duty to secure temporary
accommodation for households who are eligible, unintentionally homeless and in priority need.
However, the Localism Act 2011 provides that the Council has the power to end any homeless duty
in the privately rented sector with a 12-month suitable fixed tenancy for applicants that are
approved as homeless after 9 November 2012. Once a suitable offer of privately rented
accommodation has been made the full homeless duty will end (be discharged) as will the applicant’s
statutory reasonable preference status under this scheme. Given the length of time households have
to wait for an offer of public rented housing it is anticipated that the vast majority of accepted
homeless households will have their duty ended with a Private Rented Sector Offer (PRSO).

13.6.2 Homeless households residing in temporary accommodation provided by the Council will be
actively encouraged to bid for properties through the choice based lettings scheme.

13.6.3 In order to minimise the cost of temporary accommodation (and the amount of time that
homeless households spend in temporary accommodation), the Council may bid for properties on
behalf of homeless households or, exceptionally, make them a ‘direct offer’ of suitable
accommodation.

13.6.4 Households whose acceptance date precedes 9th November 2012 and who have voluntarily
accepted a Qualifying Offer into the Private Rented Sector discharging the Homeless Duty will retain
their Band C and their Homeless acceptance date as a priority date.

13.7 Emergency management transfers

13.7.1 Brent Council tenants and tenants of Registered Providers where the Council has nomination
rights, may be provided with an emergency management transfer. This will occur when the
Allocations Panel has determined that a transfer to alternative social housing is essential to
ensure the personal safety of the tenant, members of their household and/or the local
community.
13.7.2 Tenants who are transferred due to an emergency as above, will be offered appropriate size
accommodation to meet their housing needs, including overcrowding.

13.7.3 Although most of the transfer requests that are approved relate to extremely serious
incidents involving domestic abuse, intimidation and harassment, hate crime or threats to kill, the
Allocations Panel will only approve a transfer where it is satisfied that all other ways of resolving the
problem have been exhausted and that it would not be reasonable to expect the tenant to continue
living in their home.

13.7.4 Where the Allocations Panel approves the transfer, the tenant will be placed in Priority Band A
and may be made a ‘direct offer’ of alternative accommodation that meets their needs.

13.7.5 Where the applicant has already been awarded medical priority, the home that they are offered
will reflect their assessed needs.

13.7.6 Where the applicant and their household is overcrowded in their existing property and they
are transferred due to an emergency, they will be moved to the appropriate size accommodation to
meet all of their housing needs, including overcrowding. Existing Council tenants will also be given
priority to bid for all new Council properties.

13.7.7 Given the urgency of the situation, it is essential that the transfer takes place quickly. For this
reason, the Council and the relevant housing officer will work closely with the tenant to ensure
effective communication and that all available options are fully explained and properly considered.

13.7.7 On completion of the emergency management transfer, the tenant’s transfer application will
be cancelled or reassessed in accordance with the wishes of the applicant. If the transfer application
is reassessed, the original date of application will apply.

13.8 Homeless applicants owed a duty to be rehoused under homelessness legislation

The Council has as legal duty to secure accommodation for households who are eligible; in a priority
need category; and unintentionally homeless.
Applicants who are owed the full housing duty by Brent Council, who meet the above criteria are
placed in Band C.
The Localism Act 2011 gives local authorities the power to end their homelessness duties by offering
a suitable private rented home with a fixed term tenancy without the applicant’s consent.
This applies to households requesting the Council’s help because they became homeless after 9
November 2012. Given the length of time these households have to wait for an offer of social
housing, it is anticipated that the vast majority of accepted homeless households will be offered a
suitable Private Rented Sector Offer (PRSO) and the homelessness duty will be discharged in this
way.
13.8.1 Homeless households residing in temporary accommodation provided by the Council will be
actively encouraged to bid for properties through the choice based lettings scheme.
13.8.2 In order to minimise the cost of temporary accommodation (and the amount of time that
homeless households spend in temporary accommodation), the Council may bid for properties
on behalf of applicants or a ‘direct offer’ of suitable accommodation can be made in exceptional
cases.
13.8.3 Households whose acceptance date precedes 9th November 2012 and who have voluntarily
accepted a Qualifying Offer into the Private Rented Sector discharging the Homeless Duty will
retain their Band C and their Homeless acceptance date as a priority date.

13.8.4 Homeless applicants found not to be in priority need or intentionally homeless

This section applies to applicants who are homeless within the meaning of Part 7 of the
Housing Act 19996 (as amended) or at risk of homelessness who either do not have or are
not likely to have a priority need and/or have been found intentionally homeless by the
Council are placed in Band C-

13.8.5 Homeless applicants who are owed Prevention and/or Relief duty
Applicants who are assessed and owed the Prevention/Relief duty in accordance with the
Homelessness Reduction Act 2017 are placed in Band C- (minus).
Most of these households will have their homelessness prevented through work with the Council
during the 56 days period. The majority of households will be made private rented sector
accommodation offers made during the prevention and/or relief duty stage and once housed; their
places on the housing register will be reassessed. When homelessness is not prevented or relieved,
if the main duty is accepted, the applicant will be moved up to priority band C on Locata. However, if
the main duty is not accepted, or the applicant refuses an offer of suitable accommodation, and
remains homeless the applicant will remain in Priority Band C- (minus).
13.9 Decant moves (for essential repairs)
13.9.1 A decant is where the landlord needs to do major repairs to their property or redevelop the
area and the property needs to be vacant for this work to be carried out.

13.9.2 Decants will only apply to tenants of local authorities or tenants of housing associations who
allocate all their properties through the Brent Council Allocations Scheme. Moves will usually be
temporary but in some circumstances consideration will be given to permanent moves arising from a
decant.

13.9.3 All such cases will be dealt with outside the Choice Based Lettings Scheme to enable the
landlord to move applicants as quickly as possible. To ensure full transparency, these moves will be
included in the feedback given in relation to lettings outcomes.

13.9.4 Decants occur when the Allocations Panel has decided that a transfer to alternative
accommodation offers the best way of ensuring that essential repairs and redevelopment take place
without causing huge disruption or hardship to the tenants.

13.9.5 If a tenant does not want to be permanently decanted to alternative accommodation, they
have the right to return to their existing home.

13.9.6 When reaching a decision on whether or not a tenant should be offered another property, the
Allocations Panel will consider the likely impact of the planned repairs and improvements and
whether they will be so disruptive that it would be unreasonable to expect the applicant to remain in
the property while the works are carried out.

13.9.7 The Allocations Panel will also consider whether or not, for technical or safety reasons, it is
feasible for the applicant to remain in their home while the works are carried out around them.

13.9.8 For the tenant to be awarded decant priority, the Allocations Panel will need to be satisfied
that the work is so disruptive that it cannot be completed with the tenants remaining in occupation
and either:

• The work is likely to take more than 3 months to complete; or

• The health of the tenant or a member of their household will be severely affected if they
have to leave their home and then move back again at a later date.

13.9.9 If the work is estimated to take less than three months but cannot be completed with the
tenants in occupation, the tenant will be expected to move into temporary accommodation and to
return to their permanent home after the work has been completed.

13.9.10 In the event of the tenant refusing a reasonable offer of temporary accommodation, their
decant priority will be removed and possession proceedings will be commenced.

13.9.11 If the work is likely to take more than 3 months to complete and/or it would not be
reasonable for the tenant to have to leave their home and then move back again at a later date, the
tenant may be awarded priority for a transfer to suitable alternative accommodation.

13.9.12 If the work is estimated to take less than three months but then runs on for longer, the
tenant may be awarded decant priority, depending on the circumstances of the case and if approved
by the Allocations Panel.
13.10 Decant moves (for redevelopment/regeneration)
13.10.1 Tenants that need to be decanted from their homes on a permanent basis as a result of
redevelopment or regeneration will be moved in a planned way. This relates to Brent Council tenants
as well as accepted homeless households living in Temporary Accommodation on an estate that are
required to move because their home will be demolished. Each redevelopment/regeneration will be
subject to a consultation exercise and approved by the Council’s cabinet. A local lettings policy/plan
will usually be produced on each redevelopment/regeneration project outlining how the Council
would deal with all residents affected including council tenants, lease holders, temporary
accommodation residents and those renting privately in the regeneration area. The Council has a
policy setting out what will be considered in re-housing those who are displaced by regeneration
schemes and this is set out in the appendix to this policy.

13.10.2 Once decant status is authorised, tenants will be placed into Band A to bid for an alternative
home. If the tenant has not placed any bids bid for or have been offered accommodation 12 months
prior to the Council requiring vacant possession, the Council will reserve the right to make a direct
offer of accommodation to the resident. If this offer is refused, a further offer of accommodation will
only be considered in exceptional circumstances and if none exist the Council may decide to take
possession proceedings.

13.10.3 The Council will give priority to tenants in a Council estate who need a transfer for an
allocation of social housing to bid for new accommodation that becomes available on the same
estate. This will ensure that local residents have a real stake at new developments in their area. It
will also enable residents to continue to live in their estate and prevent the need for them to move
away

13.10.4 The Council will give priority to accepted homeless households, living in temporary
accommodation provided by the Council on an estate that is to be regenerated, for an allocation of
social housing that becomes available on the same estate where the regeneration is taking place.

13.10.5 If a resident’s existing council home is going to be directly impacted by the council’s
development programme they will be notified in writing and will be eligible for permanent decant
within the new site boundaries. The boundaries of any area in which this policy applies will be
determined and published.

13.11. Working households

13.11.1 The Council’s Housing Allocations Scheme aims to support economic growth in the area. We
want to encourage people who can, to work and want to raise levels of aspiration and ambition. We
will offer increased priority date to applicants who are working but are on low income and will
therefore have difficulty in accessing outright home ownership or low cost home ownership.
Applicants who have reasonable preference and are eligible to join the Council’s Housing Register
will be awarded an extra five years on their priority date. For example, if applicant A and Applicant B
apply to join the register on 1 January 2014 and applicant A is working but applicant B is not, then
applicant A priority date will be backdated to 1 January 2009 whereas applicant B will retain priority
date as 1 January 2014.

13.11.2 Definition of a working household: Households where at least one adult household member
is employed and meets the DWP criteria for claiming Working Tax Credit (or equivalent).

Please see table below as an example:

 WORKING STATUS APPLICATION DATE PRIORITY DATE

APPLICANT A Working 1 January 2014 1 January 2009

APPLICANT B Not Working 1 January 2014 1 January 2014

• Working 30 hours per week for a single person

• Working 16 hours per week for a lone parent

• Working 24 hours per week for a couple, where one party must be working at least 16 hours
Additional priority will also apply to applicants who are able to work but cannot do so
because they are performing full time care duties.

13.11.3 Applicants can apply for the additional waiting time: - At the time of applying to the register,
or - Submitting a change in circumstances form online if the applicant already has a live application

13.11.4 Verification will be sought at point of applying for the additional waiting time as well as point
of offer under the same terms. Applicants must provide payslips, P60, bank statements and any such
other documents as evidence confirming to confirm their employment as above.

13.11.5 The following criteria for working households apply:

• Permanent contract: working continuously for 9 out of the previous 12 months

• Temporary work / Self-employed; applicants will only qualify if the worker has been
employed continuously for 2 years

13.12 Move-on from specialist or supported accommodation

13.12.1 Applicants with vulnerabilities who are nominated for move on accommodation by named
agencies in accordance with the Move On Strategy and an approved nomination agreement that
includes a commitment to provide rehousing for applicants on a case by case basis will be placed in
Band B. Applicants will be awarded this priority in accordance with protocols agreed between the
Housing Needs service and other services within the Council as well as voluntary organisations. There
must be an urgent housing need that is best met by the provision of long term, settled housing.

13.12.2 If the applicant has not been rehoused within six months of being placed in Priority Band B,
the Council may interview the applicant and decide whether or not they should remain in Band B.
The Council may also decide to make one direct offer of accommodation, as approved by the
Allocations Panel.

13.12.3 The need to move on will be assessed by the referring organisation and the following:

• An applicant is ready to move to independent settled housing

• The applicant is in need of medium to long term rather than short term ongoing placement

• That support package has been assessed and is in place

• The applicant’s vulnerability is such that accommodation in the private sector through its short
term nature would have a detrimental effect on their vulnerability
13.13 Move on from care
13.13.1 Applicants are awarded this category in accordance with protocols between the Council’s
Housing Needs Service and Children Services Departments. Any re-housing requirements will be
dealt with on a case by case basis by working closely with Social Services. Applicants must be a
former “Relevant Child” as defined by the Children Leaving Care Act 2002. They must be vulnerable
and have an urgent housing need that is best met by the provision of long term settled housing. The
following will apply:
• A care leaver is ready to move to independent settled housing and is genuinely prepared for
a move to independent living

• They possess the life skills to manage a tenancy, including managing the rent account.

• The care leaver is in need of either long term or medium term tenancy support.

• That support package has been assessed and is in place

• Their needs are such that accommodation in the private rented sector would through its
short term nature have a detrimental effect on their transition to independent living.

13.14 Registered foster carers adopters and special guardians

13.14.1 We recognise the contribution that Brent foster carers and adopters make towards ensuring
that children that are under the Council’s care receive a good service. In order for housing applicants
to be awarded priority under this category they will require evidence from the Council’s Children
Service confirming that they have been approved as a Brent foster carer and/or adopter and that
they are in a position to take one or more placements.

In relation to Special Guardians we will require proof that an order has been made by the Family
Court pursuant to Section 14 A-G of the Children Act 1989 placing the child/children on permanent
basis and confirming parental responsibility for them.

Any re-housing requirements will be dealt with on a case by case basis by working closely with
Children’s Service

13.15 Applicants in prison

13.15.1 Applicants who are currently in prison will be placed in Band D and therefore they will be
unable to place bids through the choice based lettings scheme (Locata). However, in exceptional
circumstances (where they have negotiated the surrender of their former council tenancy and Brent
Council has given them an undertaking to make them one offer of social housing upon their release
from prison, they will be placed in Band A six months immediately prior to their scheduled date of
release from prison.

13.16 Housing for older people

13.16.1 The Council has designated housing schemes for older residents. These units are offered via
the choice based lettings scheme to eligible registered applicants. The main scheme is Sheltered
Housing.

13.16.2 Sheltered housing is designated for registered applicants aged 60 years of age or over.
Properties are located within a unit managed by a sheltered scheme manager. The units are in low rise
blocks no more than three floors in height and all units have lift access.
13.16.3 Sheltered units generally comprise of self-contained of mainly 1-bed flats. Sheltered
accommodation is suitable for older persons who have some support needs due to frailty or ill health
but are capable of independent living with little or no assistance from care/support services. Each
sheltered unit comes with a twenty - four-hour alarm system, which can be accessed in an emergency.

13.17 British armed forces

13.17.1 Priority will be given to members of the British Armed Forces if they have previously served
in the last five years or are due to be discharged in the following six months from registration. This
includes:

• Former members of the British Armed Forces

• Serving members of the British Armed Forces who need to move because of a serious injury,
medical injury or disability sustained as a result of service

• Bereaved spouse and civil partners of the British Armed Forces leaving Services Family
Accommodation following the death of their spouse or partner

• Serving or former members of the British Reserve Forces who need to move because of
serious injury, medical condition or disability sustained as a result of their service.

13.18 Tenants with a specially adapted home that they no longer need

13.18.1 This applies to Council tenants and to the tenants of Registered Providers (where Brent
Council has nomination rights) who are occupying a specially adapted home and are willing to
transfer to a home more appropriate to their needs.

13.18.2 These applicants are given high priority for rehousing because it is important to free up
specially adapted homes to meet the housing needs of applicants who require disabled facilities and
are currently living in unsuitable accommodation or unable to leave hospital or residential care. To
assist their move, such tenants will be placed in Band A.

13.19 Tenancy succession

13.19.1 When a Council tenant dies, it may be possible for someone living with them to take over the
tenancy. This is known as succession and the person who takes on the tenancy is called a ‘successor’.

13.19.2 To be a ‘successor tenant’ the applicant has to meet certain rules – they must usually be
related to the tenant, or be their partner, and have lived in the property a certain time. The rules for
this are in the tenancy conditions for the property.

13.19.3 Succession can only occur following the death of the tenant. If the deceased tenant was a
joint tenant, the only person who may be able to succeed the tenancy is the surviving joint tenant.

13.19.4 A succession can only happen once. This means that, if the deceased tenant was a
‘successor’ to the tenancy, the tenancy cannot be succeeded, again, by a partner or another family
member.

13.19.5 The Council’s scheme on succession reflects the legal position and the rights of successors as
laid out in the Housing Act 1985 and the amendments made in the Localism Act 2011. The law on
council tenancy succession has changed for secure tenants (and household members) where a
tenancy was created before 1 April 2012 and those created after that date. The scenarios below are
based on where a tenant or a joint dies and the remaining joined tenant (if applicable) and/or
household member wish to remain in the property.
13.19.6 Where a tenancy was created before 1 April 2012, family members will retain their existing
rights to succeed to the tenancy. This maybe the tenant’s spouse or registered civil partner or could
be a cohabiting partner or another family member(s). Family members seeking to succeed the
tenancy will need to have lived at the property for at least twelve months before a succession is
sought.

13.19.7 Where a tenancy was created on or after 1 April 2012, only a spouse, civil partner or a
person who lives with the tenant as if they were a spouse or civil partner will have a statutory right
to succession.

13.19.8 Succession may only take place when all of the following apply:

• The deceased tenant had been using the property as their only or principal home before
their death.

• The person wishing to succeed to the tenancy is a partner or a member of their family.

• If the person wishing to succeed to the tenancy is the husband, wife or civil partner of the
deceased tenant, they must have been living with them at the time of the death.

13.19.9 If the person wishing to succeed to the tenancy is a member of the deceased tenant’s family
(but not their husband, wife or civil partner), they must have lived with the deceased tenant for at
least 12 consecutive months before the date of death. Succession will not be allowed when:

• The deceased tenant had previously succeeded to the tenancy (including a person who was
joint tenant and later became a sole tenant after the other joint tenant died).

• The deceased tenant had been living alone.

• The deceased tenant had left the property and was not using it as their only home.

• The deceased tenant had left the property and been admitted to hospital or a residential
home for long-term care or treatment.

• There had previously been an assignment of the tenancy or property adjustment order
under the Family Law Act.

• The person asking for succession is unable to prove their relationship to the deceased
tenant, or their period of residence at the address.

13.19.10 Statutory Succession If the tenancy is succeeded by the husband, wife or civil partner of the
deceased tenant, they have a right to stay in the property on a permanent basis, subject to the terms
and conditions of the tenancy.

13.19.11 Due to the severe shortage of family-sized and specially adapted accommodation, members
of the deceased tenant’s household (including partners who are not civil partners and have not
married) will not be allowed to stay where they are if their existing home is bigger than they need or
it has been specially adapted and they do not require those adaptations. Instead, they will be offered
an alternative home that is more suited to their assessed needs.

13.19.12 Where the Council decides that the applicant should move to alternative accommodation,
the applicant will be required to join the Housing Register and bid for accommodation through the
choice based lettings scheme. To assist their early rehousing, their housing application will be placed
in Housing Needs Band A and, where appropriate, they will be made a ‘direct offer’.
13.19.13 If the applicant does not secure alternative accommodation within six months, the Council
will review their situation and bidding history and may decide to make a ‘direct offer’.

13.19.14 If a suitable offer is made and refused, or if the applicant refuses to join the Housing
Register, or fails to bid, the Council may commence possession proceedings. On a claim for
possession the Council would have to secure alternative accommodation for the applicant and also
satisfy the Court that it was reasonable to make an order for possession.

13.20 discretionary tenancy

13.20.1 If an occupant has no legal right to succeed to a Council tenancy when the tenant dies, they
may still be granted a tenancy at the Council’s discretion if there has already been a statutory
succession and they have lived in the property continuously for the past 10 (ten) years as their main
and principal home immediately prior to the death of the tenant and the individual is not under
occupying or residing in an adapted property. When the applicant is residing in one of these types of
properties, they may be offered a property appropriate to their needs. This will be offered via a
direct offer. The grant of a discretionary may happen in the following situations and will be agreed
by the Allocations Panel:

• They are the tenant’s partner, civil partner or spouse;

• They are the tenant’s child or sibling;

• They were a member of the tenant’s household and named on the tenancy agreement when
the tenancy started.

13.20.2 In cases where more than one person satisfies the above requirements and they cannot
agree between themselves who is to be the tenant, the Council will exercise discretion and select the
tenant.

13.20.3 If a suitable offer is made and refused, or if the applicant refuses to join the Housing
Register, or fails to bid, the Council may commence possession proceedings. On a claim for
possession the Council would not have to secure alternative accommodation for the applicant or
show that it was reasonable to make an order for possession.

13.21 Ending a secure joint tenancy

13.21.1 This category applies to secure tenants who have a joint tenancy. If a joint tenant ends the
tenancy when moving out, the property is not automatically offered to the tenant remaining.

13.21.2 For joint tenants deciding to separate, the Council has no duty to house one or both parties.
One partner is able to assign the tenancy over to the other partner, however the Council owes no
duty to house the partner assigning the tenancy. All tenants must seek the division of the property
via the Courts. If one partner retains the property, the other may choose to register for housing on
the Council’s Housing Register and will be assessed according to the relevant legislation.

13.21.3 The Council does not automatically rehouse a tenant who surrenders or assigns their
tenancy to a partner. If both tenants surrender the tenancy, the Council has no duty to rehouse both
or either applicants and they can make a housing application to the Council and the application will
be assessed according to the relevant legislation.
13.21.4 When one of the joint tenants moves out and the joint tenancy is ended, the remaining
former tenant may be offered a sole tenancy of that property or, if appropriate, of an alternative,
smaller property.

13.21.5 If the remaining former tenant qualifies to be offered the same property, the Council will
offer them the tenancy of that property, which will not be part of the choice based lettings scheme.

13.21.6 If the remaining former tenant qualifies to be offered a smaller property, they will be placed
in Priority Band A and will be able to express an interest in properties advertised through the choice
based lettings scheme. However, if they have not been rehoused within six months of being placed
in Band A, the Council will interview the applicant and decide a ‘direct offer’ should be made.

13.21.7 If the applicant subsequently refuses a suitable offer, they will have no right to remain in
their current accommodation.

13.22 Applicants who have negotiated the surrender of their former

council tenancy
13.22.1 At the Council’s discretion, former tenants of Brent Council may be placed in Housing Needs
Band A where they have negotiated the surrender of their tenancy on the understanding that they
will be offered accommodation upon their release from prison, hospital, rehabilitation or residential
care.

13.22.2 Before agreeing to tenancy surrender, Brent Council must satisfy itself that the tenant meets
the following conditions:

• They were a Brent council tenant when taken into custody and the offence did not mean
that they had broken their tenancy; and

• They have, or are likely, to be sent to prison for more than 13 weeks (including the time
spent on remand) and

• They have conducted their tenancy in a reasonable way and have not broken their tenancy
agreement and

• Their rent is up to date and

• They have not been served with a ‘notice seeking possession’ and

• They were living alone, require only a bedsit or one-bedroom home and offer to end their
tenancy.

• They are entering residential care, hospital or rehabilitation on a long term basis.

13.22.3 Applicants in this category will be placed in Priority Band A six months before their release
date from prison. They will receive only one offer of suitable accommodation; after which they will
lose their priority under this category.

13.22.4 If accommodation is not available at the time the applicant is released from prison, they will
have to make their own housing arrangements until they receive a ‘direct offer’.
13.23 Discretionary powers
In special cases with exceptional needs that may not be covered in this Allocations Scheme, the
applicable Operational Director has discretionary power to award additional priority and approve
offers of housing.