Lettings Bands and Allocation of Tenancies

Contents

Lettings bands

Bassetlaw District Council has 4 Housing Register Needs Bands. 

There is a single Housing Register and existing Bassetlaw District Council tenants will have their request for re-housing assessed on the same basis as other applicants on the Register. 

Allocation of properties

Properties will be allocated to applicants who have expressed an interest in the property in band order with priority first:

  • Band A - Applicants with severe / urgent housing needs
  • Band B - Applicants with HIGH housing needs
  • Band C - Applicants with SOME housing needs
  • Band D – All other Applicants with a local connection
  • Band E – All other Applicants without a local connection

Band A - Applicants with severe / urgent needs for re-housing

Statutorily Homeless - An applicant is prioritised where, following assessment by Bassetlaw District Council under the Housing Act 1996 and Homelessness Act 2002, they are found to be statutorily homeless, eligible for assistance, in priority need and not intentionally homeless.

Major Property Factors - Property factors priority reason applies to applicants who are living in a property which is subject to Environmental Health action such as Statutory Overcrowding or an irresolvable category 1 hazard which requires the applicant to leave their home.

Urgent Social Priority - This priority applies to applicants who have been assessed as being at significant risk in their home and no other alternatives are available to alleviate the risk.

This can be for reason of harassment, racial harassment, Police Witness protection, domestic abuse, severe anti-social behaviour affecting a council tenant where it is necessary to rehouse the tenant on a permanent basis, severe violence or threat to life or other exceptional circumstances.

This priority must normally be supported by the Police, Social Services or other statutory agency.

This priority will only be granted following a report to a Senior Housing Manager.     

Severe Medical needs in accordance with terms of reference of the Medical Panel - An applicant will be prioritised where, following assessment by Bassetlaw District Council’s Medical Panel in accordance with its terms of reference, the applicant, or a member of their family is found to have severe medical needs for re-housing.

A need for a substantially adapted property - An applicant will be prioritised where, following assessment by Bassetlaw District Council’s Medical Panel in accordance with its terms of reference, the applicant or a member of their family, is found to have urgent/severe medical needs for re-housing and requires a property with substantial adaptations. 

Armed Forces Personnel, Armed Forces Community Covenant 

The applicant is:

  • A current member of the Armed Forces or former service personnel with identified housing need; or
  • A bereaved spouse or civil partners of a member of the Armed Forces leaving Services Family Accommodation following the death of their spouse or partner; or
  • A serving or former members of the Reserve Forces who need to move because of a serious injury or medical condition or disability sustained as a result of their service.

The applicant does not have to have a local connection with the Bassetlaw area but wishes to reside in the Bassetlaw District Council area.

Bassetlaw District Council Tenants wishing to downsize accommodation - An applicant will be given Band A priority status where they are an existing Bassetlaw District Council tenant and wish to move to a property with fewer bedrooms.

Care Leavers - This band is for care leavers who are the responsibility of Nottinghamshire County Council who have been in Band B for at least two months and have been placing bids but have not yet been rehoused.  Care leavers in this band will be placed on auto bid with regular monitoring and assistance.

A Bassetlaw District Council Tenant who will release a property with substantial adaptations and are no longer needed by the household - An applicant may be given Band A priority status when:

  • A tenant is occupying Bassetlaw District Council property which was specifically built or substantially adapted for a person with a disability and the accommodation is no longer needed or
  • A tenant has succeeded to the tenancy of Bassetlaw District Council property which was specially built or substantially adapted for a person with a disability and they do not need this accommodation

If the applicant is not re-housed within two months Bassetlaw District Council may take legal action to repossess the property.

Bassetlaw District Council Tenants wishing to downsize accommodation - An applicant will be given Band B priority status where they are an existing Bassetlaw District Council tenant and by moving to a property with less bedrooms this would release at least one bedroom.

Direct lets and direct lets to homeless applicants - Most properties will be advertised through HomeFinder Choice Based Lettings service. However, in certain circumstances some properties will be let directly to applicants with an Urgently/Severe Housing Need.  This will be authorised by a Senior Officer.

Position within the Band - An applicant’s position within Band A is determined by the date at which Band A status was granted, i.e. the date when the applicant qualified for Band A. Offers of accommodation will be made by date order of the status date.

If two or more applicants have the same Band A status date the applicant with the earliest original housing application registration date will be offered the property first.

Time Limit on Priority - Priority is granted to enable applicants to be re-housed as quickly as possible to resolve their severe and urgent housing needs and is not intended to allow applicants to access a restricted choice of accommodation. 

Priority is given to applicants for an initial period of two months. 

Applicants are expected to consider and bid for as wide a range of housing and areas as possible unless otherwise specified by Bassetlaw District Council.  

Failure to bid may result in Bassetlaw District Council placing bids on suitable properties on the applicant’s behalf.

If the applicant has not accepted an offer of accommodation at the end of this period the application will be reviewed by Bassetlaw District Council taking into account the properties which became available for which the applicant was expected to bid, the bids made by the applicant and whether any offers were made to the applicant.  Where an applicant has been awarded a priority under category “A1 Statutorily Homeless”, by Bassetlaw District Council’s Housing Needs Team, the review of the priority will be taken in conjunction with the Housing Needs Team.

The following options will be considered:

Applicant failure to bid - This applies where:

  • There has been a range of properties for which it was reasonable for the applicant to bid and they have failed to do so or
  • They have restricted their bids to a limited number of properties

And as a result of this has not received an offer of a property.

In these cases Bassetlaw District Council will start to bid for a suitable property on the applicant’s behalf.  If a bid is successful and the applicant subsequently refuses the offer, the priority will be cancelled and the application re-assessed and moved to the relevant Band. 

Applicant has bid unsuccessfully - This applies where:

  • An applicant has bid for a wide range of properties that have been available but has been unsuccessful in these bids

In these cases the priority status will be extended for a further two months at the end of which the priority will be reviewed.

Lack of suitable properties - This applies where: 

  • The applicant requires a specific type of property or their priority has been restricted to a specific area and
  • There have been no properties available that meet these requirements or the applicant has bid unsuccessfully

In these cases the priority status will be extended for a further two months at the end of which the priority will be reviewed.

End of priority status - Where an applicant with a priority has failed to accept an offer of a suitable property their priority status will be removed, and their application will be re-assessed in line with this Policy.  The factors leading to the priority status will not be taken into account in the re-assessment.

This will apply during the initial period of two months and also if the priority is extended.

Band B - Applicant with high housing needs

Bassetlaw District Council successor tenant who will move to smaller accommodation (B1)- An applicant may be given Band B priority status if they have succeeded to the tenancy of a property and are willing to move to a smaller property.  (Bassetlaw District Council will reserve the right to take legal action to re-possess the property in accordance with the Housing Act 1996, for example due to under occupation).

An applicant without a right of succession to a Bassetlaw District Council tenancy - An applicant will be given Band B priority status if they would have qualified to succeed the tenancy of the property at that time, if there had not previously been a succession, and they would not normally qualify in accordance with the Choice of Accommodation Criteria in Section 3 of the Lettings Policy for the type of property which they currently occupy.

If the applicant is not re-housed within two months Bassetlaw District Council may take legal action to repossess the property.

Applicants with no rights of succession where this section does not apply will not be granted a Band B priority status but will qualify for Band C status in C3 Insecure Accommodation.  Bassetlaw District Council has the right to take legal action to re-possess the property.

A Bassetlaw District Council Tenant who will release Older Person accommodation and this is no longer required by the applicant (see also B1) - An applicant may be given Band B priority status when:

  • A tenant has succeeded to the tenancy of Bassetlaw District Council property, which is designated, for use by an Older Person and they do not qualify for this accommodation in accordance with the Choice of Accommodation Criteria in Section 3 of the Lettings Policy.

If the applicant is not re-housed within 2 months then Bassetlaw District Council/Bassetlaw District Council may take legal action to repossess the property.

Release identified supported accommodation in accordance with a formal protocol between Service Providers, Bassetlaw District Council - An applicant will be given Band B priority status when their re-housing would release a unit of supported accommodation provided within the Bassetlaw District Council area.  This provision will apply where:

  • There is a formally agreed protocol between the Service Provider, Bassetlaw District Council that define the circumstances under which priority housing is appropriate
  • The supported accommodation is in the Bassetlaw District Council area
  • The agreed quota for the number of cases to be re-housed in the year has not been exceeded

Applicants are expected to consider and bid for as wide a range of housing and areas as possible. Once priority is granted the applicant will be advised of the accommodation and areas that are considered suitable for their needs.  Bassetlaw District Council will make this decision in consultation with the Service Provider.

Multi Agency Public Protection Agreement (MAPPA) - formally identified and agreed cases - An applicant may be given Band B priority status when their re-housing has been requested by a Level 1 MAPPA referral in accordance with the formal protocol agreed by MAPPA, Bassetlaw District Council.

Duties under the Children’s Act 1989 - An applicant may be given Band B priority status when their re-housing has been requested by a Nottinghamshire County Council referral under the Children’s Act 1989 in accordance with the formal protocol agreed by Nottinghamshire County Council, Bassetlaw District Council.

High medical need in accordance with terms of reference of the Medical Panel - An applicant will be given Band B priority status when, following assessment by Bassetlaw District Council’s Medical Panel in accordance with its terms of reference, the applicant or a member of their family is found to have a high medical need for re-housing. 

This will include:

A medical problem where re-housing could substantially improve the quality of life or health of the applicant and/or;

  • Mobility needs where they are unable to reach essential facilities without severe difficulty in their home and a move to a different property would solve these problems
  • They are unable to get in or out of their current home without substantial difficulty or assistance of others.

A need for a substantially adapted property - An applicant will be prioritised where, following assessment by Bassetlaw District Council’s Medical Panel in accordance with its terms of reference, the applicant or a member of their family, is found to have High Housing Need for re-housing and require a property with substantial adaptations.

Hospital discharge where no suitable temporary or permanent accommodation - An applicant may be given Band B priority status when the Doncaster and Bassetlaw Hospitals NHS Foundation Trust and Nottinghamshire County Council have requested their re-housing and they have no alternative accommodation available. 

Care Leavers - This is band is for care leavers age 16 – 25, who are the responsibility of Nottinghamshire County Council, and have identified housing need. The request for Band B10 will be supported by a letter from Nottinghamshire County Council confirming the applicant is a care leaver, and is the responsibility of Nottinghamshire County Council.

Position within the band - An applicant’s position within Band B is determined by the date at which Band B status was granted, i.e. the date when the applicant qualified for Band B. 

Offers of accommodation will be made by date order of the status date.

If 2 or more applicants have the same Band B status date the applicant with the earliest original housing application registration date will be offered the property first.

Time Limit on Band B Status - Band B status is granted to enable applicants to be re-housed as quickly as possible to resolve their high housing needs and is not intended to allow applicants to access a restricted choice of accommodation. 

Band B status is given to applicants for an initial period of two months. 

Once the applicant has been granted a Band B status Bassetlaw District Council will provide advice and assistance on how to bid for properties and the review process if they have not been re-housed within two months.

Applicants are expected to consider and bid for as wide a range of housing and areas as possible.  Once priority is granted the applicant will be advised of the accommodation and areas that are considered suitable for their needs and for which they are expected to bid.

After two months the application will be reviewed by Bassetlaw District Council taking into account the properties which became available for which the applicant was expected to bid, and the bids made by the applicant.

The following options will be considered:

Applicant Failure to bid - This applies where:

  • There has been a range of properties for which it was reasonable for the applicant to bid and they have failed to do so or
  • They have restricted their bids to a limited number of properties

The Band B status will be cancelled and the application re-assessed and moved to the relevant Band. 

Applicant has bid unsuccessfully - This applies where: 

  • An applicant has bid for a wide range of properties that have been available but has been unsuccessful in these bids

In these cases the Band B status will be extended for a further two months at the end of which the Band B status will be reviewed.

Lack of suitable properties - This will apply where: 

  • The applicant requires a specific type of property or their priority has been restricted to a specific area and/or
  • There have been no properties available that meet these requirements or the applicant has bid unsuccessfully

In these cases the Band B status will be extended for a further two months at the end of which the Band B status will be reviewed.

End of priority status - Where an applicant with a priority has failed to accept an offer of a suitable property their priority status will be removed, and their application will be re-assessed and placed in the appropriate Lettings Band.  The factors leading to the priority status will not be taken into account in the re-assessment. This will apply during the initial period of two months and also if the priority is extended.

Applicants owed a Relief Duty under Section 189B of the Housing Act 1996 - Applicants to whom Bassetlaw District Council owes a duty to relieve their homelessness under S189B of the Housing Act 1996 (as amended).

This priority reason applies to applicants who have been accepted to be in priority need and not intentionally homeless who are eligible for assistance and threatened with homelessness, and who have a priority need for accommodation. The applicant must not have unreasonably refused an offer of accommodation, have become homeless intentionally or deliberately refused to co-operate with a Housing Needs team.

An offer of accommodation would be in any area of the district that the Council has assessed as suitable and safe for the applicant to live in.

This award may be withdrawn if the homelessness duty changes.

Band C - Applicants with some housing needs

An applicant will qualify for Band C if any of the following conditions apply:

Families with children aged 10 years or under in a 2nd floor flat or above - The applicant has a dependent child aged 10 years or under who live in a flat or maisonette where the main access to the property is at 2nd floor level or above.

Applicants who are pregnant or who have a child aged 10 years or under will not normally be allocated a flat at 2nd floor level or above.

Where an applicant’s youngest child becomes 11 years old the applicant will cease to receive this qualification.

Where applicants bid for a property above 1st Floor they will cease to receive this qualification.

Older Persons aged 60 and over in a 2nd floor flat and above - The applicant or their partner is aged 60 years and over and live in a flat or maisonette where the main access to the property is at 2nd floor level or above.

Where applicants bid for a property above 1st floor they will cease to receive this qualification.

Insecure or shared accommodation - This applies where an applicant currently occupies a property suitable for their needs but is unable to do so on a long term basis or they do not currently have separate accommodation for the entire household for their sole use.  Examples will include but not be restricted to:

  • Occupiers of tied accommodation where the applicant has received legal written notice to leave (proof must be provided)
  • Shorthold tenancies, which are coming to an end and a Section 21 Notice (to end the tenancy) has been issued – an exception may apply where the applicant has broken their Conditions of Tenancy. Applicants who are subject to an order of possession or notice from their Landlord will be assessed on an individual basis by the Voids and Allocations Manager, and may or may not be eligible for this band depending on circumstances.
  • Applicants occupying a property without rights of succession to the tenancy
  • Homeless applicants not owed a full duty under the Housing Act 1996 and Homelessness Act 2002
  • Applicants sharing accommodation and facilities with others who are not part of their household e.g. living in lodgings, House in Multiple Occupation (unless applicant is named on the tenancy agreement by agreement of all parties), with friends. This could also include applicants with no forwarding address, or applicants who have had to return to the family home.  Applicants who have always lived at home (family) will not qualify for C3 unless they have had an addition to their household.
  • Relationship breakdown where the former partners are sharing the same accommodation but living as separate households, unless both partners are on the tenancy and therefore only eligible for Band D
  • Split households. Applicants who are living apart requiring accommodation together, except for where one or both of the applicants has their own tenancy, unless the accommodation is not suitable e.g., bedsit

Applicants currently in Her Majesty’s Prison who have not been formally excluded from the Housing Register or meet the Local Connection criteria in Section 2.8.  These applicants will be suspended from the Waiting List until released from prison, and an updated Change of Circumstances Form received (see section 2.11 and 3.7).

Poor condition of property - Where, following assessment by Bassetlaw District Council, the applicant’s property is considered to be prejudicial to health as defined by multiple Category 2 hazards under the Housing Health and Safety Rating System of the Housing Act 2004.

Once these hazards have been removed the applicant will cease to receive this qualification.

Cramped but not statutory overcrowding - Applicants who qualify for C5 banding can choose whether to be in Band C and bid only for larger properties or to be in Band D and bid for any size property.

Where an applicant (not necessarily the tenancy holder) has inadequate bedroom space but is not assessed as statutorily overcrowded according to the following criteria.  A claim of cramped living conditions will generally only be considered where it is the result of natural growth i.e. children from the relationship including long term foster children and adopted children. The statutorily overcrowded criteria are:

  • A child aged under 1 year of age does not need their own bedroom and can share a bedroom with their parents.
  • A child under the age of 16 can share a bedroom if they are the same sex
  • A Child under the age of 10 can share a bedroom regardless of sex.

The following table shows examples of where this qualification does or does not apply.

Examples of Qualification for Band C (C5) Qualification Applies
Family in a 1 bedroomed flat with a child aged 6 months No
Family in a 1 bedroomed flat with 2 children aged 6 months and 3 years Yes
Family in a 2 bedroomed property with a boy aged 4 years and a girl aged 9 years No
Family in a 2 bedroomed property with a boy aged 4 years and a girl aged 10 years Yes
Family in a 2 bedroomed property with 2 girls aged 7 years and 15 years No
Family in a 2 bedroomed property with 2 boys aged 12 years and 16 years Yes
Family in a 3 bedroomed property with a boy aged 7 years and a girl aged 12 years No
Family in a 3 bedroomed property with a boy aged 7 years and a girl aged 12 years and a girl aged 15 years No

Applicants with a need to give or receive support - This applies to applicants who have a substantial need to move accommodation to give or receive support from a relative, friend or carer.

An applicant’s qualification under this category will be determined by the Voids and Allocations Manager of Bassetlaw District Council following a written request from the applicant outlining the need to give or receive support and the reasons why it cannot be provided at their current accommodation.

Some medical needs for re-housing - In accordance with the Terms of Reference of the Medical Panel.

Need to move because of Employment in the Bassetlaw Area or to take-up work in the Bassetlaw area - The applicant is either a secure, introductory or assured tenant of a private registered provider of housing in England with a need to move to the Bassetlaw area: -

  • Because they are working in the Bassetlaw area
  • Have been offered work in the Bassetlaw area

An assessment will take place to ensure that the applicant needs to move for work, and if they were unable to do so it would cause hardship, in line with the Housing Act 1996 regulation 5 (1).

Position within Band C - An applicant’s position within Band C is determined by the date at which they qualified for Band C Status.  Offers of accommodation will be made by date order of the Band C status date.

Homeless Prevention and Relief (no priority need) - Applicants who are owed a prevention or relief duty by one of the Home-Options local authority partners, but who are not assessed to be in priority need.

Band D - All other applicants with a local connection to the Bassetlaw area 

All Other Applicants with a local connection to the Bassetlaw area - Applicants who do not qualify for any Housing Need Bands A, B or C because they have no immediate need for re-housing but have a local connection to the Bassetlaw area.

Position within Band D - An applicant’s position within Band D is determined by the original date of an application for re-housing.  Offers of accommodation will be made by date order of the housing application.

If Band D applicants are moving to another band, A – C, the positon within the Band is determined by the date at which they qualified for that band.

Band E - All other applicants without a local connection to the Bassetlaw area 

All Other Applicants without a local connection to the Bassetlaw area - Band E1 is for applicants who have not lived in the Bassetlaw District Council area for 2 years or do not meet the local connection criteria.  

If an applicant does not meet the local connection criteria they will be allocated Band E1 irrespective of their housing need.

Position within Band E - An applicant’s position within Band E is determined by the original date of an application for re-housing. Offers of accommodation will be made by date order of the housing application.

If Band E applicants are moving to another band the position within the Band is determined by the date at which they qualified for that band

First Come, First Served - Where a property has been advertised twice and there have either been no bids for the property and/or the property has not been allocated the property will be made available on a ‘First Come, First Served’ basis.

First Come, First Served properties will not be allocated according to waiting time or priority.  They will be offered to the applicant who is the first to ‘bid’ for the property following the advertising cycle commencing.

Any applicant who ‘bids’ for a property on the First Come, First Served basis must still meet the same eligibility criteria for properties, which is stated within the Bassetlaw District Council’s Choice Based Lettings Policy.


Last Updated on Wednesday, May 8, 2024