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Lettings and allocations Policy

VERSION NUMBER                                     3.1

1         Introduction

In letting our properties we seek to meet local housing need by working closely with local authorities and statutory partners. We also work in partnership with local agencies to ensure that we can help to address the housing needs of diverse groups, including vulnerable people, and provide support if a need is identified.

This policy describes the different ways in which we let our homes, including through nomination agreements and choice based lettings arrangements.

As a major social landlord we need to understand and address the housing and related needs of our residents in the communities where we operate. We will ensure that no one applying for accommodation is discriminated against or treated less favourably than any other person because of their age, gender, sexual orientation, marital status, ethnic or national origin, gender reassignment, religion or belief, disability, pregnancy or maternity.

1.1         Objectives of this policy

The objectives of this policy are to:

  • Meet local housing need and prevent homelessness by working in partnership with local authorities and other agencies
  • Offer choice to residents while giving reasonable preference to those in priority need
  • Create sustainable tenures and contribute to the development of stable communities by effectively and responsibly letting homes
  • Make the process of letting our properties as efficient and transparent as possible
  • Enable mobility for residents by facilitating transfers and exchanges and promoting the use of independently managed exchange programmes
  • Promote moves between supported housing and general needs accommodation.

1.2         Background

The policy takes account of the government’s social housing reforms as set out in the Localism Act 2011 and Welfare Reform Act 2012.

The Localism Act gave local authorities greater discretion to determine who can register for housing.

The Welfare Reform Act 2012 introduced measures to reduce the amount of welfare benefit that a household can receive if they are deemed to under occupy a social rented home.  The social sector size criteria will apply to working age households from April 2013.

1.3         Definitions

            ‘Letting’ refers to the process whereby we rent a property.

‘Choice based lettings’ (CBL) refers to a way of letting homes which allows applicants (and existing tenants who want to transfer) to apply for vacancies which are then advertised widely (e.g. in a local paper or on the internet). Applicants can see the full range of available properties and can bid for any home to which they are matched. Priority is given to those with urgent needs through the use of ‘priority banding’.

‘Nomination agreement’ refers to an arrangement whereby a certain proportion of homes provided by a housing association is allocated to applicants proposed by another body, such as a local authority, for the purpose of an offer of housing.

‘General needs’ refers to properties we provide to meet the needs of families and other households without any special design features where we do not provide a special service.

‘Affordable rent’ refers to properties we provide to meet the needs of families and other households without any special design features where we do not provide a special service.

‘Re-let’ is a property that has been vacated by our resident and is ready to be offered to a new resident. 

‘Social Sector Size Criteria’ refers to Government rules for the size of accommodation that Housing Benefit will cover.

‘Local letting policy’- takes into account the needs of a defined area in terms of building a balanced and sustainable community, rather than concentrating on meeting housing needs alone

1.4         Legal and regulatory guidance or duties under legislation relating to lettings

Some of the key pieces of legislation and guidance are listed below.

  • Housing Act 1985
  • Housing Act 1996
  • Local Government Act 2000
  • Homelessness Act 2002
  • Housing Act 2004
  • Equalities Act 2010
  • Housing Regulator’s Tenancy Standard
  • Homes and Communities Affordable Homes Programme Framework 2011-15 Guidance
  • Localism Act 2011
  • Welfare Reform Act 2012

We have a duty under the Housing Act 1996 to co-operate with local authorities, so far as it is reasonable, to offer accommodation to people in priority need under local authority letting schemes. 

2         Eligibility

2.1         Eligible applicants

We seek to provide housing for those who are not adequately served by the commercial housing market. Our aim is to let our homes to those in most need.

We will let our properties according to our eligibility and size criteria with the exception of lettings made through common housing policies that we have adopted.

We let our homes to:

  • people nominated by their local authority
  • people nominated under local choice-based lettings arrangements
  • existing Genesis tenants seeking a transfer or moving to independent living from supported housing
  • people referred to us by partner agencies
  • people through other special arrangements eg severe weather emergency accommodation  and
  • in some circumstances we may offer accommodation to an applicant from an open waiting list. In such cases the household will be assessed against clear eligibility criteria to demonstrate there is a clearly identified housing need.

All housing is allocated according to the housing need of applicants.  We will provide housing to meet the needs of diverse groups

We will consider granting an occupancy agreement to people aged under 18 years. We may ask applicants to meet eligibility criteria and as undergo a support assessment or provide a tenancy guarantor.

We will follow all current legal and regulatory requirements in assessing applications from people subject to immigration control.

2.2         Relets: Genesis Housing Association nomination rights

A relet is a property that has been vacated by our resident and is ready to be offered to a new resident.  We are able to either offer the property to our transfer applicants or refer to the local authority to seek a nomination from their waiting list as part of a nominations agreement.  On some schemes Genesis will have the right to offer a proportion of relets to our transfer applicants.

We will use these nominations to accommodate:

  • Management transfers. Existing tenants who have an urgent need to move because of a tenure management issue
  • Decants. This is where there is an urgent need to move an existing tenant because of major works or to allow for the redevelopment of the scheme
  • Tenants who have an urgent need to move on medical grounds
  • Existing tenants moving to independent living from supported housing
  • Households who are overcrowded or currently under-occupying one bedroom or more
  • To support the need for lets to achieve balanced and sustainable communities through pre agreed Local Lettings Plans
  • Where appropriate we may offer a property through an open waiting list.

2.3         Eligibility criteria

All new residents, including existing residents transferring to another Genesis home, must meet our eligibility criteria, see appendix 1 and 2.

In exceptional cases, we will consider requests to transfer where a resident does not fulfil criteria.

2.4         Refusing nominations from Local Authorities

We will provide support to ensure we can rehouse applicants nominated to us from a local authority.  However, we reserve the right to refuse nominations in accordance with the eligibility criteria set out in appendix 1

2.5         Eligibility criteria to alternative lettings routes

When letting properties through alternative letting routes, we will work with partners to comply appropriate with relevant eligibility criteria

3         Access to accommodation

Access to housing, is largely managed with partners using nomination arrangements, referral arrangements or choice based lettings schemes.

We work with our partners to verify any information given by applicants to ensure that our housing is allocated and let according to the appropriate priorities.

3.1         Choice based lettings

Residents in several local authorities can access homes with Genesis through a choice based lettings (CBL) system. We are committed to the principles of choice based lettings. We will continue to meet obligations under nomination agreements where they exist. We will liaise with local authorities and CBL schemes to develop and establish new CBL schemes.

3.2         Nomination agreements

We are committed to working with local authorities in order to assist them with their statutory duties in relation to the homeless and those in priority need. We will work with local authority partners and statutory agencies to reach agreement on the reasonable proportion of empty homes to be offered to local authority nominations. This  proportion  will vary according to local arrangements.  

We will also work with our partners to enable move-on accommodation for those applicants living in supported accommodation. 

3.3         Referral arrangements with specialist agencies

A number of properties will be made available to referral agencies with which we have an agreement. Agreements are made with both voluntary and statutory agencies in order to help residents with particular needs to secure housing. Agencies include homeless charities, domestic violence support programmes, local health authorities, social services, adult social care and police.

The most effective route for households applying for social housing is through the local authority housing register.

Where appropriate we may hold a separate waiting list, the aim of such a list will be to provide applicants for properties that are;

  • traditionally hard to let
  • targeted at particular groups as part of a local lettings plan (e.g. to create a balanced and sustainable community)
  • where traditional routes have proved unsuccessful in identifying a suitable household to be nominated to the property.

Applicants on our waiting list will be assessed and an offer made only where the appropriate eligibility criteria has been met.  We will ensure this criteria is set out clearly when the property is advertised.

3.4         Alternative letting routes

In some circumstances, we may let our properties in accordance with alternative letting routes.  In these cases we may hold a separate waiting list.  Applicants on our separate waiting list will be assessed and an offer made only where the appropriate eligibility criteria has meet met. We will ensure any alternative eligibility criteria are set out clearly when we advertise a property or seek nominations.

Current alternative letting route eligibility criteria is set out in appendix 3.

4         Accommodation available for letting and lettings standards

We will only allocate empty properties that are physically fit for long term human habitation in accordance with our minimum lettings standard, which can be found in appendix 4. 

5         Bedroom standard

When allocating homes we will observe Part X of the Housing Act 1985 in relation to statutory overcrowding. We will take account of the number, and floor area, of rooms available for sleeping, and allocate properties to the appropriate sized household. 

When allocating a property from our housing stock we will consider the age and gender of children; we will also take in to account residents’ needs for live-in carers and additional space requirements.

We accept our duty to prevent overcrowding and will make enquiries about proposed occupiers before making an offer of accommodation.

5.1         Bedroom standard - Social sector size criteria

The Welfare Reform Act 2012 included the Department of Work and Pension (DWP) social sector size criteria, which will introduce housing benefit reductions for working age tenants who are considered to be under-occupying their homes from April 2013.  Genesis has aligned its allocation criteria to reflect the social sector size criteria.  Our size criteria can be found in appendix 5.

We will look at requests from foster parents on a case by case basis taking in to account the household’s ability to afford the property and their access to alternative accommodation.

Where an applicant bids for a property that is deemed larger than their household’s need, according the size criteria, we may refuse to let the property to that applicant.

6         Accepting nominations and referrals

We will request and accept nominations from our partners in accordance with nomination agreements and the eligibility criteria set out within this policy. Each nomination will be carefully considered before an offer of housing is made in order to ensure that the property is suitable for the proposed occupier. We may need to request additional information from the nominating local authority, statutory agency or housing association to support a nomination. Additional information could include: medical evidence, risk assessments, occupational therapist reports, tenancy record from previous landlord and eviction dates (for those facing homelessness).

On some occasions it may be necessary to reject a nomination from a partner organisation or authority. Grounds for rejection will vary and are subject to the nomination agreement and our eligibility criteria (see appendix 1), but may include submission of inaccurate information, unsuitability of property for the applicant’s needs or applicant’s inability to sustain the tenure. We will not generally take into account factors such as perceived housing management difficulties when deciding to accept or reject a nomination but we reserve the right to refuse a nomination or referral where a household has been evicted either by Genesis or another landlord. 

We will work with the local authority and agencies in cases where the applicant has a history of serious offences, for example: arson, drug use or sexual assault. We have a separate policy covering the housing of sex offenders. This seeks to ensure that everyone has fair and equal access to housing but also to enable us to manage the risk posed by sex offenders, and hence protect residents and local communities from such offences.

If an applicant refuses an offer of housing we will ask them to give their reasons for refusing and record the reasons. These details will be included in any reports to nominating partners.

We seek to let our homes in a responsible manner.  We want to create sustainable tenures and communities and avoid establishing tenures that will fail.  We will require an applicant to demonstrate their ability to manage their tenure.  We may refuse to let a property where an applicant is unable to demonstrate their ability to manage their tenure or where the applicants need a level of support which we or another provider cannot facilitate.  Where we refuse an offer of accommodation we will give clear reasons why and will work with the applicant to find the best solution for their circumstances.

6.1         Affordability

When we let a general needs property, applicants will be required to undergo an affordability assessment to ensure that the rent is affordable. Generally we aim to meet the objective that no household should pay in excess of 40% of their net household income on housing costs (rent including other charges owed to Genesis).

Whilst we accept that this may not be achieved in all cases, where a household will be paying in excess of 40% of their net household income, it will be considered unaffordable unless the applicant can demonstrate through the affordability assessment the ability to meet their financial obligations; to sustain rent payments and meet other essential living costs.

Where an applicant refuses an offer on the grounds of unaffordability and this is supported by the affordability assessment, this will be considered a reasonable refusal by us.  .

7         Transfers

We will consider transfer requests from residents who wish to move from their current home because it is no longer suitable for their needs. Generally, residents will be eligible to apply for a transfer once they have lived in their property for 12 months, however exceptions apply and will be normally considered through our management transfer process.

7.1         Eligible household members

Household members named on transfer applications but not recorded on the original tenancy agreement will not be accepted on a transfer application and the property size will be determined by the original household composition. We will investigate and verify applications where intentional overcrowding has occurred due to exceptional circumstances, for example where household members have moved in to provide or receive care. Generally, we will expect such household members to supply evidence that the tenancy address is their main and principal home. 

We reserve the right to determine the appropriate property size for applications that include additional household members.  

7.2         Management transfers

Some categories of transfer requests are dealt with as a priority, which include  , transfers to release under occupied properties, and transfers to alleviate serious housing management issues, domestic violence, harassment and severe financial hardship (often referred to as ‘management transfer’).

We will assess each case on its merit and must be satisfied that problems causing the priority transfer request will be alleviated by a move to a new home. 

Moves required from a property undergoing major works are covered in our decant policy.

7.3         Transferring with rent arrears (including other charges)

Offers to transfer existing residents will generally not be given where the rent account (or sub accounts where appropriate) is in arrears. 

In exceptional circumstances, we will consider cases where a resident with arrears on their account needs to move urgently.  We will consider these on a case by case basis and will normally determine the outcome through the management transfer process.

 We will not normally make an offer of housing where the tenure is subject to a court order or where legal action is being taken due to a serious breach of tenure; for example anti-social behaviour. Similarly, tenants with periodic assured shorthold tenancies, including starter tenants, are not entitled to transfer.

Residents living in boroughs where a choice based lettings scheme is in operation are encouraged to register with the scheme in order to maximise their chances of finding a new home. We will work closely with the CBL schemes and assist in processing applications where necessary. 

The proportion of properties offered via CBL schemes to existing residents is determined by local authority nomination agreements.

7.4         Transfer applicants with no priority need

Those residents who request a transfer but do not present priority need will not be accepted on to our transfer list.  To support those residents who have no priority need, we will work with them to offer advice about appropriate housing options including mutual exchange, London Housing Moves, shared ownership and market rent opportunities.

7.5         Assured shorthold fixed term tenants

Tenants on assured shorthold fixed term tenancies will have the right to apply for a transfer (this does not apply during the probationary period). Transfer applicants will be required to register on Locata and bid for Genesis Housing Association properties that are available. Some local authorities we work with will also allow transfer applicants to bid for all properties vacant within the local authority they live in, in such cases applicants are encouraged to register on the local authority housing register.

7.6         Transferring to a property being advertised as a fixed term tenancy

Where a Genesis Housing Association transfer applicant successfully bids for, or is offered a property advertised as a fixed term tenancy, they will retain their existing security of tenure i.e. a secure or periodic assured tenancy for life (this only applies where that tenancy was granted before the enactment of the Localism Act.)

Where a general needs tenant from another social landlord successfully bids for, or is offered a Genesis Housing Association property they will be granted a new periodic assured “lifetime” tenancy unless one the following apply:

  • the existing tenancy was granted after the 1 April 2012 or
  • the property is being let at an Affordable Rent.

Where an assured shorthold fixed term tenant successfully bids for, or is offered a Genesis Housing Association property they will be granted a new five year fixed term tenancy.

7.7         Transferring to an Affordable Rent property

Where the property is being let at an Affordable Rent the transfer applicant will be offered the property at the new rent, except in the following circumstances, where the applicant:

  • has been accepted as a band A urgent medical need
  • has been given decant status
  • is accepted for a Management Transfer
  • is under occupying the property and wishes to downsize.

Those tenants excluded from paying an Affordable Rent will be granted the same form of tenure and rent will be set according to terms of their existing tenancy; based upon fair rent or target rent.

7.8         Under occupation

We recognise that the welfare reforms and new size criteria will adversely affect some of our residents and may lead to financial hardship. We will support residents to move to accommodation most appropriate to their needs and financial circumstances.

8         Mutual exchange

We provide an enhanced right to exchange through our tenancy agreements to enable our residents to move home with Genesis stock or more widely between social housing providers.

Rights to exchange vary according to the tenancy type. Further details can be found in appendix 6.

We will encourage residents to register with services that facilitate mutual exchanges; including internet based mutual exchange services. We will take reasonable steps to publicise the availability of any mutual exchange service and will provide reasonable support in using the service to tenants who do not have access to the internet.  We will provide advice and support to those households that are underoccupied and overcrowded. We will also accept requests from residents who have identified an exchange by themselves.

We will support an exchange where the resident’s existing property is in good condition and their tenancy has been conducted in a good manner. Tenants must obtain our written consent and complete all necessary paperwork before moving, including the following:

  • deed of assignment
  • surrender existing tenancy form and a new signed tenancy agreement.

We can refuse to allow an exchange to proceed only in defined circumstances, as stated in schedule 3 of the Housing Act 1985 and schedule 14, section 158 of the Localism Act 2011. Our consent or refusal will be in writing. If we refuse a request we will specify the ground in the Act and reason for refusal.

9         Special lettings

9.1         Local lettings plans

We will introduce local lettings schemes to address housing management issues and help to develop a sustainable community in a specific area. A local lettings policy may be established to promote the allocation of difficult to let properties or to help alleviate anti-social behaviour problems. 

Where we adopt a local lettings policy we will consult with partner organisations, including the local authority(ies), and ensure that the policy reasonably balances the competing demands of local housing need and desire to address the specific issues in the locality.  Local lettings policies will be regularly reviewed to ensure that they continue to meet the initial aims.

9.2         Sensitive lettings

Where there has been a housing management issue at a specific property we may decide to treat the letting of that property as a sensitive let in order to minimise the risk of the issue reoccurring. A sensitive let may also seek to protect vulnerable applicants where an appropriate letting is necessary to help them sustain a tenancy. By carrying out a sensitive let we will allocate the property to the most appropriate, priority applicant. Details of any sensitive let will be fully recorded on housing management files.  

10       Adapted properties

In line with our policy on aids and adaptations, properties which have been specially adapted for use by those with disabilities will wherever possible be re-cycled to a resident with a disability or a support need to ensure best use of stock.

11       Tenancy support

We aim to create sustainable tenancies. Where appropriate, we will carry out vulnerability risk and affordability assessments, and will seek to offer appropriate resettlement support to vulnerable residents at the start of their tenancy to establish a new home. By offering this support we aim to reduce the incidence of failed tenancies and subsequent homelessness.

Support to vulnerable residents in general-needs housing may be provided by us through our Tenant Support Team or by referral to partner support agencies. Such support is not exclusive to new residents and can be available to vulnerable residents at times throughout the tenancy where support needs arise that impact on the management or sustainment of a tenancy.

12       Appeals and complaints process

A resident may wish to complain if they are dissatisfied with the way their application, selection, offer or allocation has been handled. Appeals will be considered by officers who were not involved in the original decision.

Residents have recourse to the Housing Ombudsman if a matter is not suitably resolved.  Residents can approach the Ombudsman directly if they wait eight weeks from completing our complaints process.  Alternatively they can approach a designated person immediately after our complaints process has concluded.  The designated persons are any MP in England, or any councillor for the local authority in which their property is situated.  The designated person may approach us on behalf of the resident, or refer their complaint to the Ombudsman.

Residents may also seek independent advice and assistance from a local Citizen’s Advice Bureau, law centre or solicitor

13       Confidentiality and sharing of information

Information regarding our residents is sensitive and particular care will be taken to maintain confidentiality in line with our confidentiality and data protection policies. However, responsible information sharing can play a key role in the letting of our homes. We will follow information sharing protocols with local authorities and partners where they are in place.  Managers will use their discretion when sharing information with their colleagues.  

14       Monitoring and targets

We will operate robust monitoring systems to ensure that our lettings service is fair and managed in accordance with regulation and strategic key performance indicators (KPIs). 

We will work closely with a number of local authorities to monitor our nomination arrangements and provide regular lettings data (LA ‘returns’). The monitoring and provision of data may vary between local authorities. We will provide standardised data to regulators as necessary, including Continuous Recording of Lettings (CORE) data collection.

We will seek feedback from our residents, once they have moved in to their new home to gauge their satisfaction of the lettings service.   

15       Related documents

  • Anti-social behaviour policy
  • Domestic violence policy
  • Hate incidents and hate crime policy
  • Sex offender policy
  • Equalities, diversity and inclusion policy
  • Aids and adaptations policy
  • Starter tenancies policy
  • Tenancy policy
  • Rent payment policy.
  • Decants policy

This is not an exhaustive list.

APPENDIX 1

Eligibility criteria for letting to new general need residents, including nominations from local authorities

 

Applicants must:

  • have a housing need
  • be over 18 years of age, however we will house 16 or 17 year olds where they have a  guarantor in place
  • have leave to remain in the UK and recourse to public funds and not be subject to immigration control

or

  • a European Economic Area (EEA) national exercising their treaty rights
  • not own their home or their own residential accommodation elsewhere
  • not hold another tenancy elsewhere
  • not currently serve a custodial sentence
  • have not been previously evicted breach of tenancy from a Genesis property, including anti-social behaviour, non-payment of rent or charges, tenancy fraud or misrepresentation.
  • not known to have or members of their family are known to have caused serious anti- social behaviour
  • not have with outstanding debts to Genesis Housing Association as a result of failure to pay rent, court costs, rechargeable repairs or any other debt
  • be able to demonstrate that they can sustain a tenancy, including afford to pay the rent

  • be nominated, or bid, for the appropriate size property that they are eligible for using our bedroom standard.

We reserve the right to refuse a nomination where we believe the letting will present a risk to the applicant, the community or Genesis.

APPENDIX 2

 

Eligibility criteria for Genesis general need residents transferring to another home.

 

A resident must:

  • have a housing need
  • be able to demonstrate that they can sustain a tenancy in the new home, including afford to pay rent
  • have no outstanding debts to Genesis, including rent, court costs or charges
  • be an assured tenant or a secure tenant
  • be a tenant holding a fixed term tenancy residing for more than 12 months
  • have been a tenant in one of our sheltered and supported schemes for over 12 months and can demonstrate they can now move on to independent living have no outstanding debts to Genesis including rent, court costs or charges, or outstanding court order, unless we have reviewed the case and formally approved the application to move
  • have maintained the property in good condition
  • have complied with the terms of their tenancy
  • be nominated, or bid, for the appropriate size property that they are eligible for using our bedroom standard.

APPENDIX 3

 

Alternative lettings route eligibility criteria

London Housing Moves / Mayor of London eligibility criteria

  • in education, training or employment and
  • household income is less than £64,000 per annum and
  • not currently living in suitable self-contained accommodation or
  • living in local authority temporary accommodation or
  • the cost of existing private sector accommodation is unaffordable (rent levels exceed at least 40% of net household income, exclusive of Housing Benefit)

APPENDIX 4

 

Minimum letting standard

To be fit a property must:

  • be structurally stable and free from serious disrepair
  • be free from dampness prejudicial to the health of occupants
  • have adequate provision for lighting and ventilation and have a minimum of one heating appliance
  • have an adequate piped supply of water
  • have satisfactory facilities for the preparation and cooking of food, including a sink and supply of hot and cold water
  • have a suitably located WC for the exclusive use of the occupants
  • have a suitably located fixed bath or shower and basin, each of which is provided with hot and cold water, for the exclusive use of the occupants
  • have an effective system for the drainage of foul waste and surface water.

APPENDIX 5

 

Size criteria

From October 2013 Genesis will allow for one bedroom for each person (single adult) or couple living as a household and:

  • any other person aged 16 years
  • two children of the same gender under the age of 16
  • two children who are under the age of 10 regardless of gender
  • a disabled resident who needs a separate bedroom for a non-resident carer
  • a child needing a separate bedroom because of a severe disability (according to statutory definitions)

Under the social sector size criteria, an extra bedroom will be allocated for a foster child where the resident is an approved foster carer, whether they have a child placed with them or not (as long as they have been approved or had a placement in the last 12 months).

APPENDIX 6

 

Mutual exchange – rights to exchange according to tenancy type.

Residents with a secure or periodic assured tenancy (also known as a “lifetime” tenancy) have the right to exchange their property with another resident of a housing association or local authority with a “lifetime” tenancy requiring each tenant to take on the tenancy of the property they wish to move to (by way of assignment). Where an assured shorthold fixed term tenant wishes to exchange with another fixed term tenant, this will also take place by way of assignment.

In addition the Localism Act grants residents with an assured shorthold fixed term tenancy the right to exchange their property with other housing association or local authority residents by way of surrender and re-grant of tenancy. The Act enables existing “lifetime” tenants to exchange with fixed term tenants. In these circumstances the existing “lifetime” tenant will be granted a new “lifetime” tenancy at either an Affordable Rent or Target Rent dependent on the status of the property.

The fixed term tenant will be granted a new fixed term tenancy for the remainder of the fixed term at either an Affordable Rent or a Target Rent dependent on the status of the property.

Section 158 of the Localism Act 2011 sets out the grounds under which we can refuse a mutual exchange by way of surrender and re-grant. Largely these are the same as those set out in Schedule 3 of the Housing Act 1985. The table below shows what grounds apply under both of these acts.

 

Schedule 3 of the Housing Act 1985

Schedule 14 of the Localism Act 2011

Grounds for refusing consent to exchange

 

-

Ground 1

 

When any rent lawfully due from a tenant under one of the existing tenancies has not been paid.

 

-

Ground 2

 

When an obligation under one of the existing tenancies has been broken or not performed.

Ground 1

 

Ground 3

 

A court order for possession or a suspended possession order has been made for either property.

Ground 2

 

Ground 4 & 5

The landlord has served a notice of seeking possession and the notice is still in force, or possession proceedings have commenced.

Ground 3

 

Ground 7

 

The property is substantially larger than is reasonably needed by the proposed assignee.

Ground 4

 

Ground 8

 

The property is not reasonably suitable to the needs of the proposed assignee and their household.

Ground 5

 

Ground 9

 

The property is part of or close to a building that is held for non-housing purposes, or it is situated in a cemetery and was let in connection with employment with the landlord or with a local authority, a new town corporation, housing action trust, an urban development corporation, or the governors of a grant-aided school.

Ground 6

 

Ground 10

 

The landlord is a charity and the proposed assignee’s occupation of the property would conflict with the objects of the charity.

 

Ground 7

 

Ground 11

 

The property has been substantially adapted for occupation by a physically disabled person, and if the assignment went ahead a physically disabled person would not be living there.

Ground 8

 

Ground 12

 

The landlord lets properties to people in difficult circumstances (other than merely financial circumstances) and the proposed assignee would not fulfil this criteria.

Ground 9

 

Ground 13

 

The property is let to people with special needs and there is a social service or special facility nearby to the properties to assist people with those special needs, and if the assignment was to go ahead no person with those special needs would be living there.

Ground 10

Ground 14

 

The dwelling is the subject of a management agreement where the manager is a housing association of which at least half the members are tenants subject to the agreement, and at least half of the tenants of the dwellings are members of the association, and also that the proposed assignee is not such a member nor is willing to become one.

Additional ground

(Housing Act 2004)

Ground 6

An injunction order under Section 153 Housing Act 1996 or an anti-social behaviour order or a Demotion Order or a possession order under Ground 2 for secure tenancies or Ground 14 for assured tenancies is in force or an application for one of those is pending either against the tenant, the proposed assignee or a person who resides with either of them.

 

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