Lettings policy
Introduction
We aim to ensure that our homes are used effectively to meet the housing needs of those in the local area. We do not have enough homes to meet the demand for housing and so prioritise the lettings of our homes to those in most need, wherever we can. This policy sets out how we will allocate homes, and the eligibility and affordability criteria that apply to all tenants and applicants, including those nominated by local authorities. It explains our priorities and provides assurance that where we directly allocate homes to tenants and applicants, we will do so fairly and transparently meeting all regulatory and legal requirements.
Our commitment to you
We aim to ensure that our homes are used effectively to meet the housing needs of the communities we support. We do not have enough homes to meet the demand for housing and as a result we only make offers to, or accepts nominations for, those in greatest need, except where this would lead to unsustainable tenancies or communities or when required by a specific local allocations policy or local lettings plan.
We are committed to housing people who can be best supported in mixed, vibrant communities.
Working with Peterborough City Council and other local authorities and housing associations, we will be guided by the Common Allocation Policy for tenants who are eligible for a transfer. The policy can be viewed at www.peterborough.gov.uk
We have a Nomination Agreement and Service Level Agreement with Peterborough City Council for registering applicants, assessing their needs and matching them to available properties in accordance with the common allocation policy.
Where we have homes outside Peterborough we have similar nomination agreements and Service Level Agreements for Choice Based Lettings or direct nominations with the relevant local authority.
We work with local authorities to assist them to fulfil their duties and allocations policies through Nomination Agreements and Service Level Agreements. However, we may not always be able to adapt policy and practices to meet all of the requests and requirements of individual local authorities.
Some of our homes are let at an affordable rent (i.e. rent which is up to 80% of the market rent) rather than social rent. Social rent homes have rents set by a formula tied to local incomes This rent formula is controlled by central government and increases are limited by government policy. We ensure that those who apply or who are nominated can afford the rent. All applicants will need to meet the affordability criteria set out in this policy.
The type of tenancy we will offer when allocating housing is determined by our Tenancy Policy which follows the Regulator of Social Housing Tenancy Standard 2024.
We will agree local lettings policies with local authorities for homes and new build schemes to ensure tenancies are sustained and to assist residents with additional needs.
We will also prioritise residents in our retirement housing to remain within their existing community wherever possible, while maintaining their independence.
Please note: This policy does not apply to allocations to extra care and short stay housing, market rent or intermediate rent homes. The Indigo properties in Peterborough are also excluded as they are managed by Lambert Smith Hampton for CKH and are subject to their own agreements with tenants.
Routes into one of our homes
There are four main routes into one of our homes. You can:
- Be nominated by a local authority
- Apply for a transfer if you are already living in one of our homes
- Apply if you are living in our short stay accommodation
- Apply to us directly
Exchange of homes is dealt with by our Mutual Exchange Policy and is not part of this policy.
The four routes are explained in more detail below:
Local authority nominations
We have a duty to assist local authorities in the areas we operate in by offering a percentage of available homes to people nominated by the local authority. The percentage is agreed in a nomination agreement. Our tenants will have priority for any retirement housing vacancies as detailed below.
Once a nomination is received, we will check that:
- the nominee is eligible to become a CKH tenant, and
- the nominee can afford the home they have been nominated for.
Where nominees do not meet our criteria, or the local authority does not provide the relevant information to fully assess the nominee, we may refuse the nomination and explain the reasons for doing so to the local authority and the person nominated.
Transfer Applicants
People who already live in one of our general need homes, in any local authority area, will be assessed against our priority criteria. Residents must first register to move to be eligible for a transfer.
Our Property Lettings team will match available homes to transfer applicants in order of priority as outlined below. Transfer applicants will be matched to properties using the bedroom size criteria laid down in Peterborough City Council’s Housing Allocation Policy. Any home that becomes vacant following the transfer of a CKH tenant may be ring fenced to offer to other transfer applicants.
Applications from short stay accommodation residents
We will reserve a proportion of available homes in Peterborough for residents in our short stay accommodation who have been accepted by Peterborough City Council as homeless. Our Property Lettings team will match suitable homes to transfer applicants in order of priority as outlined below.
Direct Applicants
Applicants who apply directly to us will be assessed under the criteria detailed below.
Our Property Lettings team will match suitable homes to direct applicants in order of priority as outlined below.
Priority for housing
We support local authorities to assist homeless people in crisis and those who have a housing need that they cannot meet in the private market. For local authority nominations, the priority given to each nominee will be decided by the local authority in accordance with their common allocations policy. We will consider allocating properties to tenants who have applied to transfer for available homes where the local authority fails to provide a nomination or where we consider a sensitive let is important. This will be done in line with the priorities outlined below.
For direct allocations, the order of priority will be as follows:
- CKH tenant eligible for an emergency transfer. This includes tenants who are victims of domestic abuse. This priority will also cover CKH tenants who have been temporarily moved and it is agreed that the move be made permanent.
- Exceptional housing need where a person’s case is urgent and so unusual it is not covered elsewhere in the CKH lettings policy.
- CKH tenant with a high medical need awarded Disability Facility Grant where a transfer to an adapted property or more suitable accommodation is the best solution OR a CKH transfer applicant whose medical needs match the adaptations available in the property. This priority will also be awarded to tenants fulfilling the medical needs criteria under-occupying who have no succession rights and/or are benefitting from time limited Discretionary Housing Payments to assist with any housing benefit shortfall.
- CKH tenant currently under occupying or overcrowding their home.
- Applicant with composite housing needs requiring an urgent move.
- Applicant accepted as homeless by the council in a hostel or short stay accommodation managed by us.
- CKH tenant with a good tenancy history adequately housed but would benefit from a move to a new build scheme. This will exclude CKH staff who are CKH tenants. However, consideration will be given to them to move to a non-new build property with larger bedrooms where the household would benefit from this.
- Keyworker where we have accepted a direct application and properties have not been let using the above priorities, in accordance with CKH Keyworker priorities policy. Keyworkers will be matched to vacant Market Rent Properties and Mortgage Rescue Properties and any low demand properties.
We may allocate homes directly to applicants in extreme circumstances where their circumstances require them to move. Similarly, we may make direct offers to existing tenants adequately housed as an opportunity to move to a new build or other vacancy. This will exclude our staff who are also our tenants. This will be conditional on the tenant demonstrating that they have maintained the tenancy and home in good order. This will not exceed 10% of the annual vacancies.
Priority will be based on the applicant who best matches the empty home’s attributes based on applicant priority, disability needs, date accepted, home and key worker criteria and local area preference.
We assign applicants a Priority Group based on their need. When making decisions about lettings, we will look at each priority group in turn, starting with the people having the highest priority and any additional preference associated with that application. As part of applications, we will ask for supporting evidence if a applicant has declared a medical, mental health, or disability need and assess the application in line with our medical priority framework.
We will prioritise keyworker applications in accordance with the CKH Keyworker prioritisation criteria.
Retirement housing
Retirement housing vacancies may be offered on first refusal to our tenants who meet our retirement housing eligibility criteria (i.e. age 65 and have an assessed need for supported housing). Vacancies will be referred to Retirement Housing team leaders to assess eligibility and suitability before any viewing is offered.
The order of priority for retirement housing vacancies is detailed in the Priority lettings criteria.
We may allocate retirement homes directly to applicants in extreme circumstances where their circumstances require them to move. This will not exceed 10% of the annual vacancies.
Where a local lettings policy is in place priority for allocations will adhere to the respective policy.
Local lettings plans
Local lettings plans are agreed with local authority partners and include additional agreements about who can be housed within a geographical area to meet specific local issues to:
- Promote a balanced and sustainable community.
- Ensure that the needs of the local and wider community are reflected.
- Give preference to applicants who are working and thus supporting the local economy.
- Help to create a socially cohesive, mixed income community.
Where local lettings plans are in place, these will operate in conjunction with this policy.
For new developments we may also use local lettings plans to ensure a mixed community is achieved when the housing is first let or re-let depending on the scheme and location.
Local lettings plans may also include specific initiatives or incentives to assist homeless applicants or letting available homes in areas where we have greater turnover of properties and less demand.
Eligibility and sustainable tenancies
Eligibility and qualifying criteria for applicants will be as specified in the allocation policy of the local authority. We will verify the information concerning the nominee’s identity, housing history, affordability and current circumstances, to ensure that they are entitled to and suitable for the home for which they have been nominated.
Both new and existing residents will be required to demonstrate that they can afford to pay the rent and service charges and have enough money left to live on. The Property Lettings team will carry out a comprehensive financial assessment to determine affordability.
If an applicant fails the financial assessment, we may agree to grant a tenancy if they can demonstrate that moving to the home would reduce their housing costs or that the support we can provide will assist them in maintaining the tenancy.
Four weeks rent will be required at tenancy sign up, however, we will exercise discretion for anyone in genuine financial hardship and arrange a financial assessment. A minimum of two weeks rent will be required with an agreement to pay the remainder in instalments over an agreed period. For transferring tenants, rent should be paid in full and on time for at least three months at the point of registering to transfer and be in credit at the point of sign up. The home must be in a good condition.
We will not accept nominations from applicants with outstanding arrears including unpaid court costs, housing benefit overpayments and recharges from previous tenancies (including tenancies with other social housing providers, local authorities and/or private landlords). For applicants with exceptional circumstances e.g. resulting from medical or other crisis situations, nominees will be reviewed on a case by case basis and may be approved subject to the arrears being reduced to £500 and a repayment plan put in place to clear the remaining debt before accepting a nomination.
We will not accept nominations from former tenants where costs have been incurred to repair the condition of a former home due to acts of malicious damage or negligence by the tenants.
We recognise the needs of people who require aids and adaptations to be able to live independently and also recognise the importance of maximising our existing homes as well as the need to spend resources wisely.
Where requests for major adaptations to the property are made by the local authority these will be considered against the longer term use of the property. Where a tenant requires aids and/or adaptations, our Aids and Adaptation Policy will be followed. Under this policy, an assessment or review by an occupational therapist (OT) will determine the necessary aids and/or adaptations required (either through the DFG or CKH minor aids and adaptations service). This assessment process will include the OT making a range of options available to the tenant, including a move to more appropriate accommodation.
We will not carry out major adaptions, such as through floor lifts or level access shower installations, where there is existing accommodation which would meet the needs of the individual when available. We will seek to agree a direct transfer to a more suitable accommodation for existing residents to meet their needs. However, consideration will be given to adaptions where the current property meets the residents need and there is no suitable alternative accommodation.
We work with nominating authorities and agencies to ensure information is provided on new tenants moving into our properties so that staff can make maximum impact on tenancy sustainment, reducing illegal occupancy and fraud, and making best use of our homes.
Nominations may be rejected if the local authority does not provide enough information to fully assess an applicant for a particular property or fails to supply the nominations within set timeframes of the nominations agreement. We will confirm to the local authority the minimum information required in order that a nomination may be considered.
CKH will not accept nominations from applicants who have not completed a pre-tenancy course where this is provided by the nominating authority, ourselves, or a supporting agency.
Grounds for refusal
We will not accept nominations for applicants guilty of unacceptable behaviour as detailed in the local authority’s allocation policy.
We reserve the right to exercise discretion in line with guidance set out under the Localism Act 2011 (social housing allocations reform and social housing tenure reform) to refuse the following nominations:
- the nominee has an unspent conviction for an offence which in our reasonable opinion makes them unsuitable to be a tenant. For example, assault, selling or cultivating drugs, carrying or possessing offensive weapons or firearms, keeping dangerous dogs, causing damage to property or arson, burglary, soliciting, handling stolen goods or behaviour considered antisocial or terrorist offences. All unspent convictions must be declared at the time of nomination and decisions regarding a refusal will be made in conjunction with the Strategic Housing team.
- they have been evicted or had a possession order which was not suspended made against them in the past 5 years; or a suspended possession order was made against them within the past 5 years which has not been discharged or if the order has been discharged where it has been necessary to take steps to enforce the suspended possession order (whether these enforcement proceedings were successful or not) during the currency of the order.
- or an injunction made against them in the past 5 years, for anti-social behaviour, breach of tenancy harassment, intimidation or domestic violence and/or criminal or immoral behaviour while a tenant with their previous landlord.
- the applicants, a member of their household or guests or visitors to their home have perpetrated antisocial behaviour, harassment, domestic violence, or other unacceptable behaviour including a history of causing serious nuisance or annoyance to neighbours and had tenancy enforcement action taken against them in the past 5 years.
- there is evidence of violence or threats of violence, abuse, harassment or intimidation from the applicant or household member towards a staff member or contractor of CKH or any partnering organisations.
- where a former tenant has a history of nuisance to landlord and unacceptable behaviour e.g. unreasonable and/or persistent and/or disproportionate complaints, pattern of behaviour that puts an unreasonable level of demand. on staff time and resources (e.g. excessive contacts), had failed to follow reasonable instructions (e.g. using a single point of contact, only to make contact in emergencies), refuses to accept decisions and/or matters resolved through full and final settlement, and any other behaviour that falls under any clause of our Unacceptable Behaviour Policy at the time of application. We will ensure where the behaviour is directly linked to an applicant’s disability, an assessment will be undertaken to ensure the refusal is proportionate.
We will work within the Multi-Agency Public Protection Arrangements Peterborough Protocol for housing high risk of serious harm offenders to ensure that appropriate consideration is given when accepting nominations. Where high risk offenders that are subject to a multi-agency public protection arrangement (MAPPA) are being nominated by a local authority, CKH must be included in any discussion prior to any proposed nomination.
The local authority must confirm that they have investigated the risks associated with re-housing the MAPPA applicant and demonstrate to our reasonable satisfaction that the property and local area is suitable before a nomination is made. In addition, the local authority will need to provide:
- A detailed risk assessment and details of a care package together with any monitoring arrangements
- Contact details of members of the inter-agency risk management panel including the police, to allow for easy access to the property should a problem arise during the life of the tenancy.
We may reject any nominations if the property is not suitable for them. This includes cases in which the nominee is unlikely to be able to sustain a tenancy because inadequate support is in place and cases where despite support general needs housing is not suitable.
Where a nominated applicant has support needs, we will assess the suitability of the accommodation and require that a support plan is in place to ensure that the tenancy can be sustained.
We will enter into Service Level Agreements to partner with the local authority and relevant agencies and will make direct offers of suitable accommodation. Any offer will depend on the type of support available to the applicant to enable them to sustain an independent tenancy.
Grounds for suspending or cancelling applications
For direct let applicants, we may suspend or cancel any application where any of the grounds for refusal as stated in this policy apply even after the application has been registered.
The application may also be cancelled where, as part of periodic reviews, we do not receive confirmation that the applicant’s circumstances have remained the same or any evidence of a continuing housing need, this will include the completion of a new property inspection. We will write to the applicant to confirm the decision.
Applications can be suspended for up to 12 months if information has not been provided to support the application e.g. if medical evidence is awaited from the applicant. The application will be cancelled if the required information has not been provided after 12 months and tenants will need to submit a new application if they wish to register with us. Applicants will be informed of the decision in writing and will have the right to appeal against the decision (see below).
Credit check and reference
Where possible we will take up references from previous landlords. Where the applicant has not held a tenancy before we may ask for a character reference from an employer, college or other responsible body. If unable to gain a suitable reference, we may request to visit the applicant or nominee where they are currently living.
Social housing fraud is a criminal offence, and anyone found to have deliberately lied, provided false information, or withheld information as part of an application will not be accepted as an eligible applicant. A tenancy obtained by deception will be repossessed. If we discover false or withheld information at the offer stage, we will withdraw the offer and may, where relevant, report the fraud in line with the our Anti-Fraud Policy.
We may also carry out a ‘soft’ credit check, also known as a credit search, to look at the applicant’s credit report to understand their financial behaviour. As part of a credit check, CKH may look at whether the applicant has paid back credit on time, how much credit they currently have and how they are managing it.
The soft credit check looks at certain information on the applicant’s credit report without a full examination of the credit history. Checking a credit report or credit score will not affect the applicant’s score or likelihood of being accepted for credit, no matter how many times they have been checked.
References and credit checks will only be carried out with the applicant’s consent. We will not use the credit reports to exclude new tenants from taking up a tenancy as we recognise our responsibilities in providing accommodation and services to people who may experience financial hardship.
Appeals
We will inform tenants applying to transfer if they are eligible or not. If eligible, the tenant will be advised what size and type of property they are eligible for, their priority, any medical banding, if applicable, and the date their transfer will be live from.
We carry out annual rolling reviews of tenants who wish to transfer. Tenants will be informed if their status or priority alters as a result. Tenants are expected to advise us of any change in their circumstances which may affect their priority.
Appeals concerning CKH allocations (other than local authority nominations) will be dealt with in accordance with our Complaints Policy.
Homes will not be held while the appeal is being considered. However, if the appeal is upheld, we will offer a similar home to the applicant as soon as it is available.
Further information:
Who is responsible for managing Lettings?
The Assistant Director, Housing Needs and Home Ownership and Lettings Manager are responsible for this policy.
Consultation
We will consult local authorities, other registered providers, statutory organisations, advice agencies and Cross Keys Homes’ Residents Focus Group in order to continually update this policy and develop good practice in this policy area.
Legislation and regulation
This policy is written in accordance with the following regulatory and legislative requirements:
- Part VI of the Housing Act 1996. Section 65(2), 68(2), section 113 of the Housing Act 1985
- Regulator of Social Housing Tenancy Standard
- Allocations Policies, Peterborough and other LAs
- Peterborough Housing Strategy
Information sharing
Cross Keys Homes has an information sharing agreement with key agencies and contractors to share information in relation to the management and treatment of damp and mould and carrying out associated repairs. Information shared must be relevant and the Data Protection Procedure adhered to when handling data.
Monitoring and review
The Lettings Policy was written and approved in October 2024 and will be reviewed every three years (or in response to any change in legislation or regulatory standards) – next review October 2027.
Other related policies
- Aids and adaptations policy
- Domestic abuse policy
- Complaints policy