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Offering and Transferring Housing

Allocations Policy

Our allocations policy aims to tackle housing need in Moray.  Where possible, we take account of what you would really like as a home.  This policy helps us decide who we think is in most need of housing and how to make the best use of the housing we have available. This page briefly explains our allocations policy and the main issues that may affect you, as a council tenant. 

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Who can apply for a transfer?

A council tenant can apply for a transfer of housing and be placed on the housing list.

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What is the housing list?

The housing list is an open waiting list, which includes the waiting list and the transfer list.

  • The waiting list includes people who are not already our tenants but who would like a council property in Moray.
  • The transfer list includes people who are already our tenants but who would like to transfer from their current home to another.  The transfer list will not include a joint tenant looking for their own accommodation due to:
    • a relationship breakdown;
    • no longer wanting to share a joint tenancy; or
    • a non-secure tenancy.

We allocate 70% of properties to people on the waiting list and 30% to people on the transfer list.  This will be applied at a Moray-wide level and be reviewed every year by Community Services Committee.

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How to apply for a transfer

You need to fill in a housing application form.  Download one here or get one from your local area housing office.

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Reasons you may be applying for a transfer

Overcrowding

We will reduce overcrowding in line with the law.  You need separate bedrooms for:

  • husband and wife or similar partnerships;
  • each person aged 16 years or over;
  • children aged five years or over of different sex from other children of any age; and
  • children of the same sex if there is an age difference of five years or more between them.

There should be no more than two people (of any age) sharing a bedroom.

We will assess your current accommodation on the basis shown above and we will award points for each bedroom that you are short of.

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Occasional overcrowding

  • Access to children
  • If you need an extra bedroom because you have access to children, we will ask you for proof. For example, a solicitor's letter or court papers.
  • Pregnancy - If you, or anybody who lives with you, are pregnant, you can apply for occasional overcrowding points.  You should fill in a housing application form and confirm the expected date of birth. You should give us a copy of the certificate of pregnancy and a copy of the birth certificate when the baby is born.

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Bedroom Size

If you think that any of the rooms you use for sleeping are too small to allow two people to share, you should contact your area housing officer.  They may need to visit your home to confirm this.

Your home is too big for your needs

If your home is too big for your needs, we use the same conditions that we use for overcrowding when deciding if you have too many bedrooms.  We will give you points for each bedroom that you don’t need.

Flats or maisonettes

If you have children under 16 years of age and you are staying in a flat or a maisonette where there is shared access within the building, you may get extra points.

Medical assessment

You should apply for a medical assessment if you think that your or a member of your household’s health or disability is being made worse by your current housing situation.   An independent medical adviser reviews all of these applications and can award extra medical points.

Change of area

You might be applying for a transfer simply to move to another area.

Areas you prefer

The housing application form asks you to pick letting areas where you would consider living.  From the letting areas you have chosen, you are also asked to identify three options you would prefer most.  If you will only consider living in particular areas, you should say on your form. If you only want to live in one area or just a few, you may have to wait longer for a property to become available.

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How do you work out my place on the housing list?

We award set levels of points for different types of housing circumstances (for example, overcrowding or lack of facilities).  The number of points that we give your application will decide your place on the housing list.  We may give you points for the following.

Homelessness

Priority need

500 points

No priority need

100 points

Overcrowding

For every bedroom you are short of

100 points

Medical need

Medical A

500 points

Medical B

350 points

Medical C

150 points

Medical D

50 points

Medical E

0 points

Home too big for your needs

For every extra bedroom you don’t need (transfer applicants only)

100 points

For every extra bedroom you don’t need (waiting-list applicants only)

50 points

Poor housing conditions

Below tolerable (acceptable) standard and will be given a closing or demolition order once empty

250 points

Below tolerable standard and will be not be given a closing or demolition order once empty

150 points

Minor faults including dampness and condensation and areas of disrepair

100 points

Poor caravan conditions

Serious disrepair and lacks facilities

250 points

Serious disrepair with facilities

150 points

Minor faults including dampness and condensation and areas of disrepair

100 points

Sharing facilities

(kitchen, bathroom or toilet)

100 points

Key workers

100 points

Care and support

Residential care or support is no longer appropriate

250 points

Supported accommodation is no longer needed

Flats or maisonettes (if children under 16 years are part of your household)

Living in first-floor flat or maisonette with ground-floor access for one year or more

40 points

Living in second-floor flat or above or maisonette above ground level for one year or more

75 points

Rural connection

Awarded if you have a local connection with a specific village or town outside Elgin, Forres, Buckie, Keith and Lossiemouth

50 points

Exceptional circumstances

Awarded by the Housing Needs Review Group to applications which we consider under this allocations policy.

0 – 500 points

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How long will I wait before offered a house?

There is no average time.  How long you will wait will depend on:

  • the number of points on your application;
  • the popularity of the area that you apply for;
  • the size of the house you need; and
  • how often vacancies come up.

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How long will I be on the housing list?

Each year we will send you a letter asking if you want to stay on the housing list and if any of your circumstances have changed.  To stay on the list, you must fill in and return the form we send you.  If you do not respond, we will assume that you no longer want to be on the housing list and we will cancel your application.

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How do you decide who to give properties to?

For each empty home, we produce a shortlist of people who are looking for that size and type of home in that particular area.  This list will include people on the waiting list and transfer list.  We usually offer the home to the person on the shortlist with the highest points.  This is because:

  • we need to let homes to people from both lists to make best use of our housing;
  • we try to take account of anyone who has a particular need to live in that area, perhaps because they work there, or live there already;
  • we try to take account of any person who has a medical problem or disability and needs a certain type of accommodation (for example, if the house has special features, such as wheelchair access or does not have stairs);
  • we also look at the preferences you have shown on your form, for example, if you say you only want a home with gas heating, we will not consider you for a home with electric heating.

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What happens before you make me an offer of housing?

Before we make any offer of housing to you, we will inspect your current property. If your property is not in a reasonable condition as a result of your action, we may withdraw any offer of housing and suspend your application from the housing list. Your current property should be clean and in good decorative order.   Any repairs that are your responsibility must be completed to our standard before you leave. If not, we will complete the repair and charge you for the cost. For more information on these repairs, please read our leaflet on repairs or contact your area housing office. If you can give us clear evidence showing that there has been an improvement to your property, we may lift the suspension from the housing list after three months.

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What if I owe money?

If you are behind with your current rent, owe rent from a previous tenancy or you have other housing debts (such as repairs we charge for), you must tell your local area housing office and make an arrangement to clear the amount you owe.  Normally, we will only consider your application if:  

  • the housing debt is no more than 1/12 of the total amount of yearly rent you owe on your tenancy or previous tenancy; or
  • you have made a payment arrangement with us and you have kept to this for at least three months.  If you still owe some of the debt, we will expect you to continue to make repayments.

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What if I receive a poor tenancy report from the council?

We will suspend your application from the housing list if, for example:

  • you do not carry out your tenancy in a satisfactory way;
  • there is proof that you, or a member of your household, are responsible for antisocial behaviour; or
  • you, or a member of your household, have been evicted.

We will review the suspension after three months and may lift the suspension if there has been any improvement.

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What happens if you offer me a property?

We will write and tell you. Our letter will give you details of the home that we are offering you, when you can see it and how long you have to make up your mind. If you accept the offer, you will be asked to hand in the keys of your current property within one week. If you keep the keys longer than this, we will continue to charge rent. Your new tenancy will normally start as soon as the property is ready for you to move into. We will charge you rent from the date your tenancy starts. If you get  Housing Benefit, you will need to tell them that you have changed your address.  There may be times when rent is charged for both your old and new property.  You should discuss this with your Area Housing Officer.  You may be entitled to Housing Benefit to cover the rent for both properties but this is only for up to four weeks.

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What if I refuse an offer?

You have the right to refuse any offer  However, if you refuse two reasonable offers of accommodation within a period of one year, we will not make any other offers of accommodation to you for six months from the date of your last offer.  If you are going to refuse an offer of accommodation, you should discuss your reasons with the area housing officer who deals with the area the property is in before you make a final decision.  This is because it may be some time before we can make another offer to you.

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What should I do if my circumstances change?

If your circumstances change, you must let your local area housing office know, as soon as possible.  We will ask you to confirm any change in writing.  If your circumstances change and you do not let us know, this may affect a future offer of housing.

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Successfully applying for a transfer

When we grant permission for a transfer, we end your tenancy and create a new tenancy.  You will need to sign a new tenancy agreement.  As a result, it is important for you to know that there are changes in the terms and conditions under the new right-to-buy rules including the initial qualifying period and the way in which we work out any entitlement to a discount.

Ending your tenancy means that your entitlement to a discount and qualifying period will be under the conditions of the modernised right to buy.  This means that:

  • you must have been a council or housing association tenant for five years in a row before you can benefit from your right to buy(we will include your previous years as a tenant when we work out your eligibility and discount); and
  • if you have not been a council or housing association tenant for five years in a row, you must wait until the five year qualifying period has passed before you can apply to buy your home.

Your discount will start at 20% and rise by 1% a year for all house types, (up to 35% of the market value or £15,000, whichever is lower).

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What if I disagree with the decision on my application?

You have 21 days from the date of your decision letter to ask us to review our decision on your application.  If you want us to do this, you must write to us with your reasons for disagreeing with the decision.  You should address your letter to the Senior Housing Needs Officer (Allocations)

If you are still not satisfied, you can ask for the Housing Needs Review Group to review the decision on your application by writing to your local area housing manager.

If you are still not satisfied following a decision by the Housing Needs Review Group, you can ask a subcommittee of the Community Services Committee to consider your case. Write to the Chief Housing Officer.  The subcommittee hearing will not involve either the councillor for the area you want to be housed in or the councillor for the area you are currently living in.

You have a right to complain to the Local Government Ombudsman if you believe we have handled your application badly.  Or, you can take court action if appropriate.

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More information

For more information, contact your local area housing office.

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Contacts
Senior Housing Needs Officer (Allocations)
Moray Council
12-14 Greyfriars Street
Elgin
IV30 1BX
Tel: 
Fax:01343 563525
Email:

housingneeds@moray.gov.uk

 


Chief Housing Officer
Community Services Dept
High Street
Elgin
IV30 1BX
Tel:01343 563532
Fax: 
Email: