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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

  1. 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).
  2. 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).
  3. 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.

  • moveUK aims to:
  • Facilitate housing and employment mobility
  • Enable individuals and professionals to access a national service providing information on job vacancies and housing opportunities services electronically
  • Provide relevant information to allow individuals to make informed choices about housing
  • Continue and enhance certain existing mobility services, and Iinvolve service partners and encourage innovation.

    moveUK will be available on-line shortly at www.moveuk.com
    If you require further information regarding moveUK contact the Housing Policy section on 01563 57 6614/6681

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

Last Updated 18/04/07

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