Housing Service
HOUSING OPTIONS GUIDE - CHAPTER
1
1. COUNCIL HOUSING
Introduction
There are two main ways in which people
in housing need may be housed by the Council, either by:
- joining the Council's general needs waiting
list and then waiting for the offer of a permanent Council house or
- by being officially assessed and declared as
homeless as defined by part 11 of the Housing (Scotland) Act 1987 as
amended by the Housing (Scotland) Act 2001 in which case the Council
has to make either temporary or permanent (September 2002) accommodation
available.
The Council has a waiting list of
4,922 applicants, as at 01/04/06 which includes general needs, transfer,
special case and homeless applicants. Over the last financial year 1,251
households were described as being "homeless" and approached
the Council for assistance. Around 3,308 offers of permanent accommodation
are made per year to waiting list applicants (from a waiting list which
includes temporarily housed homeless persons). Around 1,208 waiting list
applicants accepted the offers of accommodation (as at 01/04/05 - 31/03/06).
It is very important therefore to know how the Council assesses someone's
housing needs and why they give greater priority to some needs than to
others.
Section 1.1 describes how those presenting to the council as homeless
are assessed and assisted.
Section 1.2 explains the waiting list system and how applicants' needs
are assessed.
aiting list system and how applicants' needs are assessed.
1.1. Housing for homeless people
Homelessness is something that happens to many
ordinary people all over Britain. Society has for many years accepted
that it must find accommodation for those people who become "homeless",
as defined by an Act of Parliament.
Local authorities have a legal duty to help homeless people - firstly
by interviewing them and assessing their housing situation and secondly
by offering them temporary or permanent accommodation - provided the applicant's
circumstances warrant it - according to criteria laid down in Part II
of the Housing (Scotland) Act 1987 as amended by the Housing (Scotland)
Act 2001, and the Homelessness (Scotland) Act 2003.
In East Ayrshire people presenting themselves as homeless are interviewed
by skilled and experienced staff from the Council's Housing Service. The
four main criteria, which must be satisfied by applicants, are that they:
a) are homeless;
b) are in priority need;
c) are not intentionally homeless; and
d) have a local connection to the area.
Detailed guidance is contained in The Scottish
Office's "Code of Guidance on Homelessness", updated for May
2005. This code provides guidance to Authorities on how to interpret each
of these criteria. Copies are available on request at all local housing
offices.
Key points to note about each of the criteria are as follows:
a) Homelessness
This means the applicant and anyone who would reasonably be expected to
live with them either -
Has no accommodation (anywhere in UK or elsewhere) which he or she is
entitled or permitted to occupy
Or
Is going to be in a homeless situation within 2 months
Or
That it is unreasonable to expect the applicant to go on living in their
present home - typically because of the threat of violence from another
member of the household or because the accommodation is so sub-standard
that it presents a real danger to the health of the applicant.
b) Priority need
The following have a priority need for accommodation:
- A person who is pregnant or a person with whom
a pregnant person resides or might be reasonably expected to reside
- A person with whom dependant children reside
or might reasonably be expected to reside
- A person who is homeless or threatened with
homelessness because of an emergency such as flood, fire or any other
disaster
- A 16 or 17 year old
- A young person aged 18 to 20 who, at the time
when the person ceased to be of School age (within the meaning of section
31 of the Education (Scotland) Act 1980 (c.44)) or any subsequent time
was looked after by a Local Authority (within the meaning of section
17(6) of the Children (Scotland) Act 1995 (c.36)) and the person is
no longer being looked after.
- A person who runs the risk of domestic abuse
(within the meaning of section 33(3) of the 1987 Act
- A person who, by reason of that persons religion,
sexual orientation, race, colour or ethnic or national origin runs the
risk of violence, or is, or is likely to conduct, course of conduct
and harassment are to be construed in accordance with section 8 of the
Protection from Harassment Act 1997Having been discharged from a hospital,
a prison or any part of the regular armed forces of the Crown, or other
special reason
- A person aged 18 to 20 who by reason of the
circumstances in which the person is living, the person runs the risk
of sexual or financial exploitation or involvement in the serious misuse
of alcohol, any drug (whether or not controlled drug (within the meaning
of the Misuse of Drugs Act 1971 (c.39) or any volatile substance
Or
The person is vulnerable as a result of:
- Being over 60 or,
if younger, in poor physical or mental health
being physically or mentally disabled
- A learning disability
- Chronic ill health
- Having suffered a miscarriage or undergone an
abortion
- Having been discharged from a hospital a prison
or any part of the armed forces of the crown or
- any other special reason
If you are intentionally homeless and not in Priority
need the Housing Service can offer advice and assistance to help you find
accommodation. Ask at your local Housing Office or contact the Housing
Options team at 16 College Wynd, Kilmarnock for further assistance.
c) Intentionality
Previously, the council had to satisfy itself that the applicant did
not deliberately do or fail to do something which resulted in homelessness
such as refusing to pay rent for no proper reason; or a teenager leaving
the parental home without presenting a compelling reason why he or she
could not return. Section 4 of the Homelessness etc. (Scotland) 2003 Act
removes the duty on local authorities to assess households for intentionality.
The 2003 Act makes this a power, giving local authorities discretion over
whether to investigate a household for intentionality.
d) Local connection
The applicant must have a local connection with East Ayrshire
- because he/she is or was in the past normally resident in it, and this
residence was
voluntary.
- because he/she is employed in it.
- because of family associations
- because of any special circumstances
Applicants in special circumstances are assessed on a case by case basis.
This includes people fleeing domestic violence or someone who has no local
connection with anywhere in the United Kingdom.
Homeless Persons' Assessment
Where an applicant is homeless, temporary
accommodation will be offered. The Council aims to reach a final decision
on each application from a homeless person within 28 days. People facing
a homeless situation may seek legal advice where appropriate.
The assessment period for applications allows Council staff enough time
to make the necessary enquiries to verify each applicant's homeless circumstances
properly. Applicants are kept regularly informed by the staff concerned
on the progress being made with the assessment of their application.
Dissatisfied applicants may appeal the decision. There is a statutory
right to have your decision reviewed. This must be done by specifying
the grounds for appeal, in writing to: Homeless Strategy and Services
Manager, Housing Service, East Ayrshire Council, 16 College Wynd, Kilmarnock
KA1 1HN.
Homeless applicants
In 2005/06 1,251 households made a homeless application
to the Council.
The majority of homeless applicants locally are single people but homelessness
can affect any type of household. Vulnerable homeless applicants may well
require additional forms of support to help them through difficult periods
in their lives. As such each applicant will be offered the opportunity
to speak with the Tenancy Support Team and benefit from the practical
assistance and support available. In order to prevent homelessness from
occurring, the Tenancy Support Team offers their service across East Ayrshire
to any tenant who is potentially at risk of losing their home. See Appendix
B for contact information.
Temporary accommodation, either within a hostel or furnished flats will
be offered to provide emergency housing for homeless applicants. Accommodation
is provided until a decision is reached on their application. For households
that are not going to be offered permanent accommodation, temporary accommodation
and advice and assistance will be offered for a reasonable period to allow
the household to secure alternative accommodation.
Thereafter only those who fulfil all the criteria will continue to be
provided with temporary accommodation pending an offer of permanent housing.
The average length of stay in hostel accommodation is 23 days (from period
01/04/05 - 31/03/06).
An offer of permanent accommodation will be made by the Council for a
council property or a nomination for accommodation will be made to a housing
association or other local landlord for re-housing. Two offers of accommodation
will be made. If both of these offers are unreasonably refused, the applicant(s)
will have to vacate the temporary accommodation and secure their own accommodation
as the Council will have fulfilled its obligation to them.
What to do if you are homeless
- If you are in a homeless position and the local
council offices are closed,
you can contact the local police or contact the council Helpline on
0845 724 0000.
If you are homeless during office hours contact the nearest local housing
office (see appendix B).
- If you are unable to secure your own accommodation, you should ask
for a homeless
interview with a Homeless Persons Officer as soon as possible. This
can be done in
person by calling into your local office, or by phone(see appendix B).
- Attending the interview is very important. It will give you useful
information and
advice and should result in you knowing quickly whether you may be entitled
to be
given temporary accommodation. Written detail of your situation may
be required at
the interview e.g. a letter from your current or most recent landlord,
to verify your
circumstances.
1.2. Council housing for waiting
list applicants
As at 01/04/06 the Council had 13,928 houses and
flats of which 465 are sheltered housing units. Sheltered housing units
are for people aged over 60 who require a housing support worker or warden
support see section 1.3 for further information.
The Council's general needs housing stock is being reduced by about 460
(from 01/04/05-31/03/06) properties a year which are sold to sitting tenants
under the Right to Buy scheme.
The Council however, still owns and manages 30.55% (Census, 2001) of all
the housing stock in its area and remains the biggest local provider of
social rented housing. Its stock is well distributed throughout East Ayrshire.
As of 2006 the total applicants on the Council's waiting list were made
up of the following categories:
|
MAIN CATEGORIES OF
NEED
|
NO.
|
|
Medical
|
15%
|
|
Householders
|
26%
|
|
Non-householders
|
38%
|
|
Homeless/ Children’s
Act
|
20%
|
|
Miscellaneous
|
1%
|
|
Total
|
100
|
The waiting list quotas were revised in May 2005 and went to full committee
for approval on the April 2006. Please not that these quotas may be subject
to revisions over the next six months. For further information in regards
to the quotas please contact your local housing office (see Appendix B).
Categories relating to above table:
-
Medical - This applies
to applicants whose present accommodation is unsuitable for
medical reasons.
-
Householders - This applies
to applicants who hold an existing tenancy agreement but wish
to move house.
-
Non-Householders - This
applies to applicants without a home of their own.
Homeless - This applies to applicants qualifying under Housing
(Scotland) Act 1987 as amended.
-
Miscellaneous - All other
applicants including Incoming key workers and tied tenants
Applicants are allowed to make up to 5 choices from any of the
letting areas as described in Appendix B.
An applicant's chance of being offered a
Council property is influenced by:
-
how often a vacancy occurs
in any one of the applicant's choices of letting area,
-
the number of points the
application has been awarded
-
what position this places
it on the area of choice lists in comparison with other applications.
There are differing demands for housing;
in some areas there is a lengthy waiting list with few properties
being allocated. However, in other areas there is a limited demand
and therefore applicants can more quickly qualify for an allocation.
East Ayrshire Council operates a quota rota
allocation system. The quotas are based on historic letting patterns
and are designed to reflect the balance of waiting list composition
and relative need.
TABLE A – SIZES OF GENERAL NEEDS HOUSING
WITHIN EAST AYRSHIRE
Table A shows where general needs Council housing is located
and also shows the sizes of the properties in each of the letting
areas as at 01/04/06
|
East
Ayrshire
|
Bed 1
|
Bed 2
|
Bed 3
|
Bed 4
|
Bed 5
|
Bed 7
|
Totals
|
|
Cumnock
|
617
|
1874
|
1064
|
107
|
0
|
1
|
3663
|
|
Doon Valley
|
160
|
918
|
629
|
54
|
0
|
0
|
1761
|
|
Irvine Valley
|
672
|
1096
|
491
|
45
|
0
|
0
|
2304
|
| Kilmarnock |
1210
|
3050
|
1859
|
79
|
2
|
0
|
6200
|
| Totals |
2659
|
6938
|
4043
|
285
|
2
|
1
|
13928
|
TABLE B – LOCATIONS AND
NUMBER OF SHELTERED HOUSING AND AMENITY HOUSING BY AREA
Table B shows the location
and number of Council sheltered housing as at 01/04/06
|
Letting area
|
No. of
properties
|
| Irvine
Valley |
77
|
| Kilmarnock
North |
50
|
| Kilmarnock
Central |
73
|
| Kilmarnock
South |
12
|
| Cumnock |
206
|
| Doon
Valley |
47
|
| TOTALS |
465
|
TABLE C - THE WAITING LIST
BY AREA AND BEDROOMS REQUIRED
Table C shows the number of waiting list and transfer
applicants and bedrooms required as at 01/04/06
|
Letting Area
|
1
room
|
2
rooms
|
3
rooms
|
4
rooms
|
5
rooms
|
6 rooms
|
7 rooms
|
Total
|
|
East Ayrshire
|
3146
|
1138
|
453
|
138
|
48
|
3
|
1
|
4922
|
TABLE D – GENERAL NEEDS
APPLICATIONS AND RE-LETS BY AREA
Table D shows waiting list
numbers and relets for 2003/2004 and 2004/2005 as at 01/04/05.
|
Letting Area
|
No. of general
needs Council
properties
2006
|
Relet figure
for 04/05
|
Relet
figure for
05/06
|
Waiting
List
numbers
05/06
|
|
East Ayrshire
|
13928
|
1236
|
1474
|
4922
|
Who
can apply for Council housing in the area?
Anyone aged at least 16 or
if he or she meets at least one of the following conditions:
- Existing tenants, of either the Council, local
housing associations, in the Council area, may apply for a transfer
to a Council house - provided they are not in breach of their current
or previous tenancy agreement.
- Housing Mobility and Exchange Scheme (HOMES)
applicants (who must be public sector tenants, e.g. in council, housing
association or similar housing, somewhere else in the UK and registered
with the Scheme)
Where and how to apply for Council housing
Anyone who wishes to become a Council house tenant
must first fill in a straight forward application form. The form can
be obtained by writing to, phoning or visiting a local housing office
(see appendix B for list of local housing offices) or you can download
an application form from our website at the following address Click
here for link.
All applicants are also given a leaflet, which
summarises the application system, allocations policy and points system.
A more detailed description of the Council's system is also available
from the Council although the information and advice given is described
below in an amended form. Applicants would be well advised to study
the assessment system carefully before filling in their application
form.
Conditions
of Application
When an application form is received, a number
of checks will be made. Your application may be deferred if:
- You currently owe any debt to the council, or you owe rent to a previous
landlord. (If you owe a debt to the council, you can make arrangements
to clear it by contacting your Local Housing Office.)
- You terminated a tenancy within the last 12 months.
- You are registered on another housing application.
- You falsely declare your circumstances or deliberately withhold relevant
information.
- You have been evicted from a previous Council Tenancy within the last
5 years
On acceptance onto the waiting list, you will
only be made an offer of accommodation if:
- You have a clear rent account.
- You do not owe any other Council debts.
- You have maintained your tenancy in a satisfactory
manner.
The condition of your home is satisfactory.
The Council's
housing allocation policy and points system
The Council decides the policy to be used in
allocating properties and it is the responsibility of the Housing Service
Department to implement this policy and allocate Council housing. A
points/assessment system is used to decide which applicant on the waiting
list should be offered the tenancy of any property which becomes vacant.
The more points an applicant has, the greater their chance of being
offered a Council house, although it must be borne in mind that however
near the top of the waiting list an applicant is at a particular moment
in time, other applicants may subsequently receive a higher number of
points or be assessed and therefore be housed prior to them. There is
a balance of allocations to all categories of general needs, homeless
or special case applicants. Only if there is an equality of points for
the same premises will the time an applicant has been waiting be taken
into account.
East Ayrshire Council operates a quota rota allocation system. The quotas
are based on historic letting patterns and are designed to reflect the
balance of waiting list composition and relative need.
The importance of providing full and up-to-date
information in the application form
It is very important for applicants to provide
accurate information when filling in the application form. If an applicant
is not sure whether a piece of information about their circumstances
is important then the Council's housing staff would be happy to provide
advice. In any case, it is better to include too much information on
the application form than too little and then risk losing points as
a result. It is important for the form to reflect the applicant’s circumstances,
some of which may be of a personal nature, but all applicants are assured
of confidentiality.
What happens next, after the Council has got
the application?
The Council's housing staff go through the form
carefully, ensuring eligibility and then points are awarded according
to each aspect of housing need.
How many houses can I refuse?
An applicant will normally be made a maximum of two offers within
a six-month period. The second offer is only made after refusal of the
first. If there are two offers made and the refusals are considered
unreasonable, the Council will apply a penalty, which will start from
the date of the refusal of the second offer. The applicant will not
get any extra points during this time. The suspension may be lifted
if the applicant can show good reason for this. Applicants who feel
they have the right to appeal can do so by writing to: Head of Housing,
East Ayrshire Council, Housing Service, Civic Centre North, John Dickie
Street Kilmarnock, KA1 1BY
Notifying the
Council of changes of address, or other circumstances
Applicants must keep their application up to
date by informing the Housing Service (via their local housing office)
of all changes in their circumstances immediately these occur. i.e.
applicants should notify us of change of address, change of person in
household.
Should an applicant fail to do so, or
- should they falsely declare their circumstances
- or knowingly provide any other false information
- or deliberately withhold relevant information
The Head of Homes may, subject to a sound, well
grounded and well documented investigation into the circumstances, cancel
the application and remove the applicant’s name from the housing list.
Where appropriate, a legal action may be raised to terminate the let
of any accommodation, which may have been allocated, provided this action
is reasonable and proportional in the circumstances.
How the points are allocated for general needs
housing
HOUSEHOLDERS
|
ASPECTS OF NEED
|
POINTS
|
|
Bedroom deficiency
(overcrowding)
|
15 points per room
|
|
Under-occupation (for
each room that is surplus, this applies only to social rented
accommodation applicants)
|
15 points per room
N.B. (up to max of 45 maximum)
|
|
Waiting Time
|
2 points per year to
a maximum of 20
points
|
|
Below Tolerable Standard
Property
|
15
|
|
Management Transfer
|
995
|
|
Extenuating Circumstances
|
1-20 relative to the
degree of need and
urgency to be rehoused
|
NON HOUSEHOLDERS
| ASPECTS OF NEED |
POINTS |
| Bedroom deficiency |
15 points per
room |
| Waiting Time
(for each year waiting to be housed) |
2 points per
year (maximum 20
points) |
| Extenuating
Circumstances |
1-20 relative
to the degree of need and urgency to be rehoused.
This decision would be taken by the Head of Housing. |
Share/lack of
facilities:
Bath/shower
Internal W.C
Cooking facilities |
2
2
2 |
1. Overcrowding
An applicant with more people living in the
house than defined by the Council's standards qualifies for overcrowding
points. There are some restrictions on qualification, on which the council
can give advice. Under the Council's standards 15 points will be awarded
for each room that is lacking.
2. Below Tolerable Standard
If the applicant lives in a house, which is in
a bad condition, he/she may be given points if the house lacks
- cold water supply; inside toilet; hot water
supply; bathroom or fixed shower; or has any other aspect of unfitness
- the applicant may also be given points
if he/she has to share any of the above amenities with somebody
else.
Point to note:
A Council officer will visit the property to check the extent to
which it is unfit to be lived in.
3. Medical need
If the applicant has health reasons for needing
rehousing then these should be put down on the application form and
on a special medical form. The community medical specialist then assesses
the medical form and points are awarded accordingly. Applicants who
have been awarded a low medical award should seek advice from the Allocations
staff. When more than one applicant has the same number of points, allocations
will be to the applicant with the earlier date of medical award. Medical
forms can be obtained at all local housing offices.
4. Under occupation
Similarly 15 points will be awarded for each
room that is surplus to requirements.
Point to note: Points will, however, only
be awarded where the applicant is also the head of the household or
a joint applicant.
Point to note: points will, however, only
be awarded where the applicant is also the head of the household or
a joint applicant.
5. Bedsit accommodation
Applicants living in bedsit accommodation will be
entitled to extra points in recognition of the fact that this is not likely
to provide suitable accommodation in the long-term.
This applies to all bed-sit accommodation in the area, which means that
Council tenants living in bed sits are also entitled to the extra points
if they apply for another Council house.
1.3. Sheltered
housing
Sheltered housing can best be described as small, easy to manage, and
almost always rented properties which are provided by the Council and
Housing Associations. They are grouped together in a scheme with the
services of a warden. All properties are provided with a community alarm
system, for use in emergencies.
Admission to the list for new applicants will be determined by established
need for this type of supported accommodation. The level of dependency
will be determined in the assessment process, as well as the priority
of the applicant of rehousing. The assessment process will be used to
identify any unaddressed "community care" needs applicants
may have, in order to ensure that those who are housed receive appropriate
support services. Assessment of applicants and allocation of houses
will be made after full consultation with the social work department.
Application forms are available on request from local housing offices.
1.4
Residential and supported accommodation
There are residential and supported accommodation
establishments provided by the Council, housing associations and other
voluntary organisations and the private sector for people with special
residential and respite care needs, including for:
- Older and infirm people
- Adults with mental health problems
- Adults with physical and/or learning disabilities
- Children and young adults with a learning
disability
- Young people
- Ex-offenders
- People with alcohol or drug related problems
- Combinations of these and more specialist
requirements
Details can be obtained from Social Work Department
01563 528011
The Council through its Homes Division also directly
provides a range of supported housing which it manages both itself and
in conjunction with Social Work or specialist voluntary organisations.
Details can be obtained from
the Housing Service
01563 576619
1.5 Rent levels for all types of housing
provided by the Council
a) General needs housing
The average rent for a Council house in East Ayrshire in a week is
£46.80 (based on a 48 week cycle) as at 2005/2006. Rents vary
according to the size of the property, where it is situated and whether
or not it has central heating and double-glazing.
b) Sheltered housing
The rents for sheltered housing units tend to
be a little higher and depend upon the Landlord. The way in which rents
are calculated varies between the local authority and housing association
providers.
c) Homeless persons’ accommodation
The rent charged to applicants in this type of accommodation is generally
more than for general needs housing. This is because the charges have
to cover the costs of managing the accommodation and providing furniture.
Sometimes the charges will also include gas, electricity and council
tax. The rent and charges may also be different depending on the type
of temporary housing provided. If a homeless application is made and
an applicant is provided with temporary accommodation, a housing officer
will explain in detail about the charges, which are likely to be met
in full by Housing Benefit for people with no other income.
Housing Benefit
Anyone on a low income and paying rent for accommodation
- whether from the Council, a housing association or cooperative or
any other public or private landlord - may be entitled to receive Housing
Benefit. This can be enough to pay all or some of the rent due, depending
on a verified assessment of the applicant's income sources and levels.
Approximately 8,850 households in East Ayrshire are in receipt of Housing
Benefit as at 31/3/06. More details about housing benefit and the rent
setting officers are available in Appendix A.
1.6
Rights and responsibilities of Council tenants
Council tenants' rights and responsibilities
Every Council tenant has been provided with a Tenant Pack which provides
useful and easy-to-follow information on both the rights and responsibilities
of Council tenants and the services that the Council provides for them.
Copies are available from Local Housing Offices.
If you are worried about losing your tenancy
you may benefit from practical advice and support from a tenancy support
officer. See Appendix B for contact information.
Repairs and maintenance
The responsibility for repairs to Council houses is shared between
the Council and the tenant. In essence, the Council is responsible for
maintaining the fabric and permanent fittings of the building in good
condition, whereas the tenant is responsible for internal decoration,
furnishings and removable fittings like clothes lines, TV aerials, curtain
rails and so on. Decoration cheques are available to new tenants and
to existing tenants who have had certain capital works carried out in
their home (decoration allowances for new tenants are calculated on
the number of bedrooms in the tenancy).
Repairs are categorised by the Council and dealt
with accordingly. They are as follows:
|
Category
|
Timescale
|
|
Emergency
|
Within 24 Hours
|
|
Urgent
|
Within 3 Days
|
|
Planned
|
Within agreed Timescale
|
Planned repairs - these programmes are grouped to form
a programme of work which is forwarded to the contractor. You will be
notified when the repair has been programmed and the contractor will
provide you with a date for carrying out the work.
Adaptations and
additional housing support
The Council ensures that support is available
to help older or disabled people to continue living comfortably and
independently in their council homes. Funding is available to adapt
Council houses to meet the care needs of a Council tenant. Typical adaptations
carried out include putting in showers, extra heating, handrails and
ramped accesses.
Requests for adaptations should be put in writing
to the Social Work Department. From this, needs are usually then assessed
jointly by officers from both the Social Work and the Housing Service.
An Occupational Therapist’s assessment is likely and a more comprehensive
community care assessment may also be required. For more information
contact Social Work on 01563 528011.
Buying a Council house
under the 'Right to Buy' scheme
All Council tenants who held a tenancy prior
to 30th September 2002 have a statutory right to buy their houses after
two years residence if they were tenants. For new tenants who hold a
Scottish Secure Tenancy after 30th September 2002, and tenants who transfer
(5 years from September 2002 for new tenants and for tenants who transferred
after 30th September 2002) in a Council house (which does not necessarily
have to be the same Council house as the one they want to buy) they
will receive a minimum discount of 20% on the valuation price, rising
to a 35% discount after 15 years' residence. From September 2002 there
is no difference between a flat and a house. There is a maximum discount
of £15,000.
There is a possibility that tenants will not
be able to exercise the right to buy if that right has been suspended,
either for rent or council tax arrears, or the Council has served a
notice of recovery of possession on the tenant. Local authorities may
designate an area as a 'pressured' area, which affects the right to
buy for some tenants. The Council should be contacted for clarification
on this.
Prospective 'Right to Buy' applicants should
ask the Council's housing staff at any of the local based housing offices
for the relevant application form and accompanying booklet. The completed
form should be returned to the Council's Legal Services Department on
telephone 01563 576000.
The sale of the property can only take place
after its value has been officially assessed by the District Valuer
(DV), a government official. There is no right of appeal against the
DV's valuation.
Once the valuation has been received by the Council,
the Legal Services Department will make the applicant an offer of purchase.
It is very important at this stage that the applicant has the services
of a solicitor to help them complete the legal transaction properly.
The whole Right to Buy transaction from the date of application to the
point of legal completion of the purchase can take several months. Check
with the Council for the likely timescale. A useful Scottish Executive
leaflet 'Your Right to Buy Your Home' explains the different ways you
can exercise your right to buy your home. It is available from the Scottish
Executive Development Department, Housing Division 1-G, Victoria Quay,
EH6 6QQ or from the Scottish Executive website at www.scotland.gov.uk.
Transfers and
mutual exchanges
The mutual exchange scheme is designed to help
tenants who want to move within the Council area and anyone renting
a house from the Council. If two tenants agree that they would like
to swap houses, each must request this in writing and not move until
the Housing Service has given its written consent for this to go ahead.
Any Council tenant can apply for a mutual exchange,
which takes place locally. Applications for transfers within the Council
area are made to the Council's Housing Service and assessed and pointed
in accordance with Council's Allocation policy. A property is then allocated
in the same way to a Transfer applicant as to a general needs applicant.
There are similar schemes, which can help tenants move to other parts
of the UK for social or employment reasons - the Homes Mobility Scheme,
HOMESWAP and moveUK, which are managed by HOMES, the Housing Mobility
and Exchange Service.
HOMES (Housing
Mobility and Exchange Scheme)
HOMES, the Housing Mobility and Exchange Services, manage similar schemes,
which help to reduce the barriers for people moving locally or nationally
in the UK's social housing sector. These are the HOMES Mobility Scheme,
HOMESWAP and Available HOMES at http://www.availablehomes.org.uk
Homes Mobility Scheme
This is a nomination scheme to help tenants who have social health
or employment reasons for needing to move to other parts of the UK.
The Landlord, or local housing authority, nominates the applicant to
another landlord and if the applicant is accepted onto the scheme, they
may be awarded additional priority. Landlords participate in the Scheme
on a voluntary basis, so they have no obligation to re house people
through the scheme. The applicant should contact their landlord or local
housing authority for further advice.
HOMESWAP
HOMESWAP is a mutual exchange service for council or housing association
tenants wishing to exchange locally or nationally (the Scottish Secure
Tenancy includes the 'right to exchange'). The scheme is self-facilitated
so people need to register on to the scheme either via http://www.availablehomes.org.uk
or by post to HOMES. Once registered they can search online for potential
HOMESWAP partners and every six weeks they will receive lists of potential
matches, if any are found. Tenants can also visit their local housing
office to search through HOMESWAP lists and obtain registration forms
Available
HOMES
Available HOMES is an Internet service which
includes a facility to conduct online searches for properties that are
available for immediate let, exchange or low cost home ownership throughout
the UK. Anyone can use the site to find and apply for houses for immediate
let or low cost home ownership, but to use the online HOMESWAP service
the user must be a tenant of a local authority or housing association
(RSL).
The site also includes information on other schemes,
such as the HOMES Mobility Scheme, details on forthcoming events and
gives landlords access to the UK online HOMES Directory.
For further information on any of the HOMES services please contact:
Debbie Burns, National Manager (Scotland), 6 Palmerston Place, Edinburgh,
EH12 5AA. Tel: 0131 226 7216 Fax: 0131 226 7233 Email:customer.services@homes.org.uk
Contact the Council for details of accommodation available.
Information and application forms can be obtained from your local housing
office.
moveUK
What is moveUK?
moveUK is a new online service, offering a holistic approach
to employment opportunities by identifying housing as well as job placements
across the country.
The service is led by the Office of the Deputy Prime Minister in partnership
with the Department for Work and Pensions, Jobcentre Plus, the Scottish
Executive, the Welsh Assembly and the Department of Social Development
in Northern Ireland.
What will moveUK do?
moveUK will offer social housing tenants and jobseekers greater choice
about where they live and work. By offering access to nationwide housing
and job vacancies through a single service, moveUK will expand opportunities
for people across the U.K.
PLEASE NOTE THAT THE ABOVE SCHEMES ARE NO LONGER AVAILABLE. AN INDEPENDENT HAS BEEN LAUNCHED WHERE TENANTS FROM THE SOCIAL RENTED SECTOR CAN REGISTER THEIR DETAILS FOR AN EXCHANGE AND THIS CAN BE ACCESSED AT www.homeswapper.co.uk
Rent Officer
What is the rent officer's role?
The rent Officers sole function with regard to Housing Benefit is to
calculate the amount of subsidy that the council can claim from the
central government.
In accordance with the Housing (Scotland) Act 1988 the Rent Officer
will take account of such factors as the number of rooms in the dwelling,
the number of people living in the house as well as their age and sex.
The Rent Officer will also consider the condition of the dwelling along
with the amenity, vicinity and neighbourhood of the local area.
Antisocial Behaviour
Antisocial Behaviour is defined as any behaviour that causes or is
likely to cause fear, alarm or distress.
How can Antisocial Behaviour be tackled?
There are a variety of ways that antisocial behaviour can be tackled;
- Acceptable Behaviour Contracts (ABC)
- Unacceptable Behaviour Notices (UBN)
- Antisocial Behaviour Orders (ASBO)
What is an Acceptable Behaviour Contract (ABC)?
Acceptable behaviour contracts are a form of early intervention. They
are voluntary written agreements between a person involved in Antisocial
Behaviour and the relevant agencies working to prevent Antisocial Behaviour.
An ABC describes the Antisocial Behaviour committed and what the person
should do to avoid this behaviour in the future. ABC's are also linked
to an offer of Tenancy Support.
What is an Unacceptable Behaviour Notice (UBN)?
Unacceptable Behaviour Notices like ABC's are another form of early
intervention. These are used when a person refuses to enter into an
ABC or fails to attend an ABC interview. A UBN also describes the antisocial
behaviour committed and what the person should do to avoid this behaviour
in the future. UBN's are also linked to an offer of tenancy support.
What is an Antisocial Behaviour Order (ASBO)?
An Antisocial behaviour Order is a civil court order which the Council
may apply for when a person aged 12 years or over and not living in
your home commits, on least two occasions, Antisocial conduct or behaves
in an Antisocial manner. ASBOs are not intended to be a substitute for
criminal proceedings where these are appropriate. However, it should
be noted that the Council would only consider making an application
for an ASBO when all other means of trying to resolve the problem (short
of an action for eviction, where appropriate) have failed.
An ASBO can be made against persons of all housing tenure types: i.e.
owner occupiers, public and private tenants, persons residing in or
even visiting these households.
Where the Sheriff grants an ASBO it will contain conditions prohibiting
the person or persons named in the order from doing whatever is considered
necessary to protect the community from further antisocial behaviour
by that person or persons. A person who breaches the terms of an ASBO
commits a criminal offence and may be subject to severe penalties in
the criminal courts. Any apparent breach of an ASBO should be reported
to the police as soon as possible.
NOTE
The Council is not empowered to make an application for an ASBO to address
behaviour which is merely different or eccentric or results from a mental
disorder. In addition ASBOs cannot be used to promote the harassment
of an individual or groups from behaviour that results from being of
a different race or religion or to address what the Council considers
to be a civil dispute between neighbours over boundaries or access.
How to report Neighbourhood Nuisance and Antisocial Behaviour
There are several ways that Neighbourhood Nuisance and Antisocial Behaviour
can be reported;
- Through the Antisocial Behaviour Service on 01563 576843
- Through Local Council offices
- Through the East Ayrshire Council website www.east-ayrshire.gov.uk
- Through East Ayrshire Council's Community Warden Scheme on 01563 576843
- By email housing@east-ayrshire.gov.uk
Complaints Procedure
East Ayrshire Council housing service has its own complaints procedure.
The complaints procedure is there for you to complain if;
- we did not deliver a service on time
- we provided you with the wrong information
- we provided you with a poor quality service or
- you have a complaint about a member of our staff
To make a complaint
Telephone: 01563 576000
Fax: 01563 576500
Email: the.council@east-ayrshire.gov.uk
Write to the:
East Ayrshire Council
Council Headquarters
London Road, KA3 7BU
In person
You may register your complaint at your local housing office by completing
a complaints form, which we will forward to our complaints Unit on your
behalf. However, we would recommend that you make direct contact with
the Complaints Unit whenever possible.
When you contact us, please make sure you:
- Give your name, address, phone number and mobile number (if any)
- Tell the person you speak to what your complaint is.
The Scottish Public Ombudsman
We recommend that you use our complaints procedure in the first instance,
as it aims to quickly resolve the problem you have experienced. However,
we have to advise you that you can contact the Scottish Public Services
Ombudsman if you think you have suffered injustice or hardship as a
result of maladministratation, service failure or other action by us.
On receipt of your complaint the Ombudsman may investigate it.
When can you complain to the Ombudsman
A complaint must be made 12 months from the date after you became aware
of the problem. Your complaint may be considered after that period if
there are any special circumstances for the delay - THE OMBUDSMAN will
advise you.
Where to complain
The Scottish Public Service Ombudsman
4 Melville St
Edinburgh, EH3 7NS
Tel: 0870 0115378
Fax: 0870 011 5379
Email: enquires@scottishombudsman.org.uk
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