Social Housing (updated April 2020)

Q: Homelessness

The period an applicant is threatened with homelessness has been extended from 28 to 56 days, and in addition ensures that anyone that has been served with a valid section 21 of the Housing Act 1988 eviction notice that expires in 56 days or less is classed as threatened with homelessness . Several factsheets are available on GOV.UK The Local Authority’s Homelessness department have a legal obligation to help you. They will assess your individual circumstances and assess your priority need. If they consider that you can source and pay for your own housing they will only give advice and information. If you are a former member of the Armed Forces and are homeless or threatened with homelessness, you may qualify for help from a Local Authority. The Local Authority will help you with both emergency and longer-term accommodation if you are accepted as homeless and in priority need. The Local Authority must consider its responsibility to help using both: general rules that apply to everyone, and special rules that apply to people who have served in the Armed Forces. You must be able to demonstrate that you do not have access to another property anywhere worldwide.

Question 1

Homelessness

Accepted Answer

The period an applicant is threatened with homelessness has been extended from 28 to 56 days, and in addition ensures that anyone that has been served with a valid section 21 of the Housing Act 1988 eviction notice that expires in 56 days or less is classed as threatened with homelessness.

Several factsheets are available on GOV.UK

The Local Authority’s Homelessness department have a legal obligation to help you. They will assess your individual circumstances and assess your priority need. If they consider that you can source and pay for your own housing they will only give advice and information.

If you are a former member of the Armed Forces and are homeless or threatened with homelessness, you may qualify for help from a Local Authority. The Local Authority will help you with both emergency and longer-term accommodation if you are accepted as homeless and in priority need. The Local Authority must consider its responsibility to help using both:

general rules that apply to everyone, and
special rules that apply to people who have served in the Armed Forces.

You must be able to demonstrate that you do not have access to another property anywhere worldwide.

Question 2

Applying as homeless before discharge from the Armed Forces

Accepted Answer

In normal discharge circumstances Service personnel should receive a Certificate of Cessation of Entitlement to Occupy Service Living Accommodation 93 days prior to their Last Day of Service. The certificate can be requested up to six months prior if the discharge date is known.

Service Families Accommodation (SFA) occupants can apply to the MOD’s Defence Infrastructure Organisation (DIO) Loss of Entitlement Team who are responsible for issuing the Notice to Vacate pack, which includes the Certificate of Cessation.
Single Living Accommodation (SLA) occupants must request a F1166 from their local Unit Welfare Officer or local Unit Admin Officer, so that proof of the loss of entitlement to Service accommodation at a given point is confirmed.

A Local Authority must accept these forms as evidence of the date you will become homeless. It is advisable to ask for an interview with the Local Homelessness Officer well ahead of the discharge date and update them if personal circumstances change at any time. The Local Authority must engage in helping you to find accommodation 56 days before the last day of Service.

SFA occupants who have not managed to find alternative accommodation before the Last Day of Service will become Irregular Occupants. It is at this point that the DIO have the right to take action to evict.

Question 3

Applying for Social Housing

Accepted Answer

If you are applying for social housing, ensure that your application covers both the Local Authority and a Housing Association or Housing Co-operative in a Local Authority’s area. In some areas it may also be used for housing transfers.

Allocations schemes

Each Local Authority has its own ‘allocations scheme’ (or ‘housing register’) for social housing in its area. An allocations scheme sets out the rules used to decide who to house. Allocations schemes vary from area to area as local authorities can decide who gets priority for housing but there are still some general rules about priority that all Local Authorities must follow.

An allocations scheme will typically set out:

who can apply for housing from within the area
who can apply from outside the area
who gets priority for housing

To qualify for housing in a Local Authority you may need:

to have a local connection through living in the area for a minimum time, although Armed Forces personnel looking to settle in England, Scotland and Wales may be permitted to apply for housing without a local connection due to the housing commitment within the Armed Forces Covenant. (This does not apply in Northern Ireland). Further information on the requirement for a local connection is given later in this handout
to work in the area
to be caring for someone living in the area
to have an income below a certain level

It is worth looking at the allocations policies for a number of Local Authorities. You may find that you can register for housing in more than one area, or that you qualify to go on the waiting list in one area but not another. You can apply to any Local Authority you choose, although you do not have to be living in an area to apply. Local Authorities are allowed to give extra priority to people who already live in their area.

Find out about the rules in a Local Authority’s area

You can ask a Local Authority for information and advice on how to apply. All Local Authorities are required by law to provide free information on:

how to make an application
who is eligible to be considered for housing
how priority between applicants will be decided
the procedures it will follow when it looks at your application\
what will happen when a suitable property becomes available

Most Local Authorities will provide information on their website. You may be able to get a leaflet explaining how their system works - ask at a local housing office or library.

Application forms

Most Local Authorities have application forms on their websites. You can also get an application form from their local housing department. Information about who gets priority should be supplied with the form. Before you fill in the application form, make sure you understand how they decide who to house first.

The information you provide helps the Local Authority decide if you are eligible to go on the waiting list and how much priority you should get. It is important to give them enough information, so they can assess your application properly. Be sure to explain in detail any special needs, difficulties or problems you or your family are having. If it’s appropriate, they may ask for the contact details of anyone who can support your application (such as a doctor, solicitor, social worker or probation officer).

Although some of the information may seem private (e.g. details about your health or your domestic situation), it is worth including as it may mean that you get housed more quickly. The information you give will be kept confidential (except if you are in receipt of the Universal Credit, in which case details of your Universal Credit could be disclosed to your Social Landlord). Enclose copies of any evidence that you have (such as photographs, medical letters, or police incident reports). Take photocopies of important original documents so you have a record.

The application form will include a declaration, which you must read, sign and date to confirm that the information you have provided is true. If there is anything in your application that you are unsure about, get advice from a Shelter advice centre or Citizens Advice before you sign.

Information to include in an application

Each authority has its own application form, but they usually ask for the same type of information. Most application forms ask for:

the name, age and gender of everyone in your household, and how they are related to you
your income and the income of any joint applicants
where you currently live and what facilities and conditions are like there
where you have been living (usually over the past five years)
what connections you have with the area, such as living, working or having family in the area
the reasons why you need to move - such as overcrowding, disrepair, medical reasons, violence or harassment
any circumstances that make it difficult for you to find and pay for private rented accommodation
the type of housing you need, including size, location and facilities
any special requirements (for example, if you need to be on the ground floor because of mobility problems)

Joint applications for housing

It is normally possible for two or more people to apply jointly, for example, if you are a married couple, civil partners, or living together.

You will not be able to apply jointly if one of you is not eligible for an allocation (for example because your immigration status means an application for a Local Authority home won’t be accepted). In this situation, the eligible person can still apply and include the ineligible person in the application as a member of the household. The eligible person might only be offered a sole tenancy.

Applying for a joint tenancy has its pros and cons:

if you split up, neither of you can be forced to leave without a court order. You would have equal rights to live in the property until the court decides what should happen to your home
each of you would be individually responsible for paying the rent, so if one joint tenant doesn’t pay the rent, the other will have to
you could each be held responsible if one of you breaks the tenancy agreement or causes nuisance to the neighbours

###Who assesses an application for housing?

In many areas, the Local Authority’s housing department will have staff that assess applications and manage allocations. However, some Local Authorities employ Housing Associations or other external organisations to do this for them. They have to follow all the same procedures and rules as the Local Authority would have to. Every application must be considered individually.

Your application may also be passed on to health and social care agencies to assess your medical needs on behalf of the Local Authority, or to Housing Associations or Co-ops that may be able to offer you a home.

If the Local Authority accepts or refuses your application

When the Local Authority has assessed the information, you provided in your application for housing it will decide if you can go on its allocation list or housing register and what priority you will have for housing. They will write and inform you of their decision.

If you are accepted onto the waiting list, it does not necessarily mean you will be offered a home. When you get a home will depend on what priority you have for housing and how much housing stock is available.

If the Local Authority decides not to accept you onto the waiting list, it must explain the legal reasons why. You should get advice immediately as it may be possible to:

ask the Local Authority to review their decision
re-apply when your circumstances have changed (for example if you have a history of rent arrears but you have since paid them off)
get the decision changed by judicial review (you will need help to do this)

Can you choose where you live?

All Local Authorities should either:

allow you to bid for individual properties that you are interested in, or
allow you to say which areas you would prefer to live in when you apply.

However, this doesn’t necessarily mean that you can choose the neighbourhood where you want to live. The Local Authority may divide its area in a way that does not match your preferences.

Keeping your application up to date

Inform the Local Authority if your circumstances change, for example if you have a new child or have moved home. Changes in your circumstances may affect how much priority you get.

Make sure you understand what is expected of you. In many areas, the Local Authority will send you a letter each year, asking if you still want to be considered for housing. If you don’t reply, your name could be removed from the list and any points you have gained may be lost. If your Local Authority operates a choice-based lettings scheme (see below) you will be expected to make bids for properties, you may be penalised if you don’t.

Information is sourced from GOV.UK

More information can be found at the following:

Question 4

Local Connection

Accepted Answer

The Department for Communities and Local Government has directed that Service personnel can apply to any Local Authority for housing and that you must be accepted on the Housing Needs register in your area of choice. The Housing Needs register demonstrates to the Local Authority that you have an intention of settling in their particular area. This removes a disadvantage that you may have had due to your time in the Military.

This does not mean that you have any higher priority for housing than anyone else on that particular Social Housing Needs register. If the demand for housing is high and your priority banding is low you may be advised that the waiting list is so long that the chances of getting a house are very slim, or in some areas, you may be advised that due to the length of the waiting list the register is closed to new applicants. Unfortunately, the demand for housing is high and ex Service-personnel have no priority for renting social housing.

So, what does that mean if I can’t move to where I hoped to live and I have to move out of my Service Accommodation?

If a Local Authority decides that you don’t have a connection with its area, it may decide to send you to a Local Authority in another area for help with your homelessness application if you have a connection there, providing you are not at risk of violence there.

Can I be sent to another area?

The Local Authority may say that a different Local Authority should help you if it has decided that you are: legally classed as, homeless, eligible for assistance, in priority need and not intentionally homeless, but that:

You don’t have a local connection with the Local Authority’s area
you have a local connection with another Local Authority’s area
you are not at risk of violence in that area.

If you don’t want to be sent to another area you should explain the reasons why and ask the Local Authority not to do so when you make your application.

The Local Authority should make enquiries into your situation and decide whether you fit all the other criteria before it looks into whether you should be sent to another area. It may have a duty to provide temporary accommodation for you while it makes these enquiries.

Do I have a local connection?

In deciding whether you have a local connection with its area the Local Authority has to look at whether you (or anyone in your household):

Have lived in the area and for how long
have family connections in the area
work in the area
wave a connection with the area for another special reason.

These categories are explained in more detail below. You only need to fit into one of these categories in order to have a local connection. The Local Authority is not allowed to send you to another area if you don’t have a local connection with any other area or if you are at risk of violence in the only area you have a connection with.

I live in the area

The Local Authority will usually consider that you have a local connection if you have lived in the area for a total of six months out of the last 12 months, or three years out of the last five years. If you live in the area or you lived there in the past because you were posted there by the armed forces and you make a homelessness application, the Local Authority should accept that you have a local connection.

You must have lived in the area by choice in order to have a local connection. You may not have a local connection if you have only lived in an area because you have been in prison or in a hospital.

I have family in the area

Local Authorities will usually consider you to have a local connection with an area if you have close family who have lived in the area for at least five years. Close family includes parents, children, brothers or sisters. It may also include other family members if you have a very close relationship (for example, if you were brought up by an aunt, uncle or grandparent).

I work in the area

If you work in the area you should automatically be considered to have a local connection with that area. However, if your employment is of a casual nature, it may not be enough to establish a local connection. Employment doesn’t have to be full-time and self-employed people can have a local connection if they mainly work in the Local Authority’s area.

I have a connection for another reason

You may be able to show you have a local connection for other special reasons. For example, you may need to live in an area to receive specialist health care, or for religious reasons. If you think this is the case, get advice to see whether you could argue that you have a local connection.

What happens if I don’t have a local connection?

If you don’t have a local connection, then this is where the Armed Forces Covenant and more importantly the Housing Act 1996 provides the statutory guidance and direction that the Local Authorities must apply when assessing a Service Person’s housing need. Extracts from the Housing Act 1996, together with the Regulations 2012 pertaining to the ‘Additional Preference for Armed Forces (England)’ and ‘Qualification Criteria for Armed Forces (England)’ is available at the end of this handout.

However, even if you don’t have a local connection, the Local Authority has to look into whether you have a local connection within another Local Authority’s area. If it decides that you do, it can only refer you to them if your household is not at risk of violence there (see below). It doesn’t have to send you to another area and may be willing to house you. If the Local Authority decides to refer you to another area, it has to inform you in writing. The decision letter must explain the reasons for the decision. It must also inform you that you have a right to request a review of the decision within 21 days.

How will the other Local Authority help me?

The second Local Authority will have to house you in the same way as if you had made your application there. When the Local Authority you are being referred to finds suitable temporary accommodation for you, you will have to move there.

What if the other Local Authority says it doesn’t have to help me?

In some circumstances, Local Authorities may disagree about whether you should be sent from one area to another. If this happens, the Local Authority you applied to has to continue to help you until the disagreement is sorted out. It has to continue to provide you with accommodation until the Local Authority you are being referred to finds accommodation for you.

What if there’s a risk of violence in the other area?

The Local Authority is not allowed to refer you to another area if anyone in your household is at risk of violence in that area. This includes violence from any person and threats of violence that are likely to be carried out. If you are in this situation, the Local Authority you applied to will have to help you unless you have a local connection with another area where your household is not at risk of violence.

The Local Authority should also not refer you to another area if you only have a local connection with the other area due to family connections and you don’t want to be near your family.

What if I don’t have a local connection anywhere?

If you don’t have a local connection with any area at all, the Local Authority you originally applied to must help you.

What if I have a connection with more than one area?

If you have a local connection with more than one area the Local Authority should ask you where you’d prefer to go and take your preferences into account when deciding which area to refer you to.

What if I don’t want to go to another area?

If you are referred to another area but you don’t want to go, get advice immediately. An adviser can:

check whether the Local Authority’s decision was legally correct
check whether you have a good case for getting the decision changed
help with the review process
help you to appeal further if your review is unsuccessful
explain your alternative housing options

Information above is sourced from the Shelter website

Question 5

Housing Associations

Accepted Answer

Housing Associations, also known as ‘Registered Social Landlords’ are social housing providers. They are run on a not-for-profit basis.

Most Housing Associations offer secure, assured, assured shorthold, and starter tenancies. As a new tenant, you’ll probably be offered a starter tenancy first. The accommodation you get is usually similar to what a Local Authority would provide.

You can apply for a tenancy directly to the Housing Association, or the Local Authority might put you in touch with one or more of them.

Applying for a rented Housing Association place

If you want to get a rented Housing Association home, you will normally have to apply to go on a waiting list. In most areas, there is a central system for deciding who gets all Local Authority and Housing Association homes, but some Housing Associations also keep their own separate waiting lists.

To contact Housing Associations in your area and find out how to apply direct, you can:

search online for Housing Associations in your area
ask your Local Authority for their details
look in the Yellow Pages

But make sure you also apply through your Local Authority’s central waiting list as this will increase your chances of getting a place. You can get application forms and information from the housing department of your Local Authority and most Local Authorities will have these forms on their websites.

Some Housing Associations have properties that they have set aside for allocation to Armed Forces personnel and veterans. Ensure that you ask if they have any property for the ex-Services.

Some Housing Associations like, Haig Housing, Stoll, Scottish Veterans Residences and Houses for Heroes only rent property to veterans.

There are also a number of Housing Association places for those veterans who need supported or sheltered accommodation. Details are listed on the Accommodation pages of the Confederation of Service Charities website.

Further advice and information on specific Housing Association policies

To get more information on their policies for letting out their property, contact the relevant Housing Association directly.

Further information and links to some service related Housing Associations:

Question 6

Choice Based Lettings

Accepted Answer

Choice based lettings schemes are designed to introduce an element of choice for people applying for Local Authority and Housing Association homes and existing tenants who want a transfer.

How choice-based lettings schemes work?

Choice based lettings allow people to bid for properties which become available on a points-based system. Not all Local Authorities in England offer a choice-based lettings scheme and rules will vary from one area to another.

In areas where choice-based lettings schemes operate, they work as follows:

Step 1 - Available properties are advertised locally

Details of the latest properties will usually be published online and in leaflets or in newsletters from local libraries, housing offices and community centres. Check these regularly and stick to any deadlines for bids. The list of available properties will say which type of household can bid for each one, for example, if it is for an elderly or disabled person, or for a large household.

Step 2 - Bidding stage

You can then bid for a particular property that you like. In most areas you can bid online, by phone, by text or by post. Different Local Authorities have different rules about how many properties you can bid for in one go.

Step 3 - Deciding priority

The Local Authority’s housing department, or the Housing Association which is running the scheme then sorts the bids in order of priority, and the person with the highest priority normally gets first refusal on the property. If that person turns the offer down, the next person on the list gets the chance to see it, and so on. In some areas, more than one applicant may be invited to view the property at the same time.

Priority for choice-based lettings

All choice-based lettings schemes must give priority to certain categories of people. The rules on this are the same as for traditional waiting lists. You may also get additional priority if you are pregnant, have dependent children, have been in care or are vulnerable for other special reasons.

Other factors that can be taken into account include:

how long you’ve been waiting for a home
your financial circumstances
how long you were in your previous home
whether you have a history of rent arrears

If your circumstances change, for example if you are expecting a child, inform your Local Authority as soon as possible as your level of priority may well change.

If you need a large home it is normally best to apply for any such homes that are advertised, as vacancies are usually rare. Some Local Authorities and Housing Associations let adjacent homes together, which can be suitable for large extended families that need to live close together.

Priority cards

Some Local Authorities will give people with the most urgent need for re-housing a ‘priority card’. This will provide you with an advantage when bidding for a particular property. Priority cards usually only last for a certain period of time (e.g. 12 weeks) but this can be extended.

Choice based lettings for disabled people

It may be necessary to make reasonable adjustments for disabled people so as to prevent anyone from being unfairly disadvantaged by a choice-based lettings scheme. This could include giving certain households extra time to bid, or in some cases providing the information in an accessible format such as Braille, or an audio recording.

Making property accessible can include creating wider doorways, toilets and bathrooms that provide wheelchair access, and kitchen units that are lower to the ground. If there is a lack of specially adapted property available, and one is found that is suitable for adaptation, the Local Authority’s housing department should then give additional priority to any disabled applicants who bid for it.

Turning down an offer

If you refuse to accept a property for which you have made a bid, the whole process starts again. However, some schemes will penalise you, for example, by taking away some of your priority points. If you turn down several offers, or don’t make any bids at all.

If you have been given extra priority because you applied as homeless and you don’t accept a property that you have bid for, you could lose any priority which you were given. If this happens, you will still be able to bid for any future properties that do come up but will have less chance of getting them as your priority will be lower.

Problems using a choice-based lettings scheme

Local Authorities should take reasonable steps to make choice-based lettings scheme accessible to everyone and give you information to help you understand how the scheme works, especially when you first join.

Local Authorities should provide advice and information to help you understand how the scheme works, especially when you first join. If you have been bidding for properties but don’t seem to get anywhere, you can ask for feedback on why your bid was not successful.

Get advice if you are having problems using a choice-based lettings scheme. An adviser may be able to help you by:

increasing your chances of being offered a home
checking whether you’ve been given the right amount of priority and/or
challenge a decision that the Local Authority has made about your application

Key advice

regularly check bidding sites and leaflets in local housing offices for properties
ask your Local Authority if you are entitled to extra priority

Further information

Further information can be found at the following:

Question 7

Social Housing in Scotland

Accepted Answer

This advice relates to Scotland only: Anyone over the age of 16 can apply for Social Housing anywhere in Scotland. This section of the handout page explains more about how to make an application.

This is accommodation provided by the Local Authority. Rent will usually be cheaper than with a private landlord and you won’t have to pay a deposit before you move in.

Social Housing may be:

a house or flat
supported accommodation
sheltered accommodation

Who can apply?

Anyone over 16 can apply for Social Housing anywhere in Scotland. If you already live in Social Housing, you can also apply to transfer to a new Local Authority home (see ‘what if I want to move’ below).

How do I apply?

To apply for Social Housing, you need to fill in an application form, which you can get from the Local Authority’s housing department. You can write, call in or phone to ask for a form. Check the Advice Services Directory or your Local Authority’s website for contact details. You should be given a leaflet with the form, which explains:

how to fill the form in
how the application process works
your Local Authority’s allocation policy (that is, how they decide who should get a house first)

Each Local Authority may have slightly different rules but they must publish their housing and allocation policies that explain how the application process works and how they decide who will have priority on their waiting lists.

What if I’m homeless?

Applying for Social Housing is not the same as applying to the Local Authority as homeless. If you have nowhere safe and permanent to stay and you need to apply to the Local Authority as homeless, you should ask to have your name put down on the Social Housing list at the same time.

What if I have special needs?

If you have special needs, the Local Authority’s social work department may be able to help you access accommodation that’s suitable for you. This may be the case if you:

are elderly or infirm
have mental health issues
have a disability
have learning difficulties
is a young person who needs support living independently?
are a refugee or asylum seeker?
are an ex-offender
have an alcohol or drug related problem

How much rent will I have to pay?

Renting from the Local Authority is generally cheaper than renting from a private landlord, and rents vary depending on the size of the property and the facilities it has. Rents which include additional services such as meals or support tend to be higher, to cover the costs.

What are my rights as a Local Authority tenant?

If you rent from the Local Authority, you will either be a Scottish secure tenant or, in certain circumstances, a short Scottish secure tenant. Scottish secure tenants have strong tenancy rights, as well as rights to repairs and to pass on their tenancy to other members of their family. Short Scottish secure tenants have fewer rights and can be evicted more easily.

When you move in, you will be given a tenant’s handbook outlining everything you need to know about renting from the Local Authority, including how to pay your rent, what your responsibilities are and what to do if you need repairs done to your home. Some Local Authorities also have their tenants’ handbook available online. Check your Local Authority’s website to find out.

How do waiting lists work?

When you apply for housing from the Local Authority or a Registered Social Landlord (RSL), you will be added to a waiting list. Housing waiting lists can be very long indeed, and will include all kinds of people looking for different accommodation, including:

people who are homeless
people with special needs
people who want to move (or transfer) from one Local Authority or RSL property to another

Waiting lists don’t work on a ‘first come, first served’ basis. Instead, the Local Authority or RSL will assess how much you need a new home, and prioritise applicants according to their need. For example, they will prioritise people who are homeless or threatened with homelessness, and people whose current homes are not suitable for them to live in.

Local Authorities and RSLs usually use a points system when prioritising people. For example, you will be awarded points if you are homeless or if your home is damp, overcrowded, or lacking basic amenities. The more points you get the higher up the waiting list you will be. Even if you are very near the top of the list, other people may be able to join the list above you if they have more points.

How long will I stay on the waiting list?

The length of time your name will stay on the waiting list varies depending on Local Authority or RSL policy. Some places will withdraw your application after a year, unless you reapply. In this case, they will probably send you a form to fill in to update your details. The length of time you’ll have to wait will depend on:

how much Local Authority or RSL housing there is in your area and how often vacancies come up
the number of priority points you’ve been awarded
how many other applicants are ahead of you on the waiting list.

Make sure the Local Authority or RSL always has your current address. If they write to you and you don’t get back to them, they may remove you from the waiting list.

Will I be offered more than one property?

Local Authorities and RSLs don’t have to make you more than one offer of housing. Some will only offer you one property, whilst others may make you several offers. When you make your application, ask how many offers you will get.

If your Local Authority or RSL does have a policy of offering more than one property, you will have to refuse one before you are offered another; you won’t be given a choice. In addition, you may have to tell them why you’re turning the property down, and they may impose a ‘penalty’ if you turn down a home without good reason. For example, they could refuse to make you any further offers of housing for six months, or they could withdraw your priority. Find out what their policy is on refusals before you make any decisions.

If you turn down an offer of housing and then make a homeless application to the Local Authority, it may decide you made yourself homeless intentionally, in which case it won’t offer you long term help.

Get advice from a Shelter advice centre or Citizens Advice before you turn down an offer of housing. If there is not much housing available in your area, it’s probably best not to turn it down.

What is a common housing register?

A common housing register is a joint waiting list for housing from the Local Authority and from local Housing Associations and housing cooperatives. Putting your name down on a common housing register not only increases your chances of getting accommodation but can save you a lot of time and trouble, as it means you won’t have to make separate applications to the Local Authority and to all the individual Housing Associations and co-ops in your area.

Ask the Local Authority’s housing department if there is a common housing register for your area. The benefits of a common housing register are:

it saves you time and trouble, as you won’t have to make separate applications to the Local Authority and to all the individual Housing Associations and co-ops in your area
it increases your chances of getting accommodation

What is choice based letting?

Some Local Authorities are moving away from a points-based waiting list in favour of a choice based letting scheme. This means the Local Authority advertises available properties and instead of adding your name to the waiting list, you bid for places where you would like to live, and which are suitable for you (for example, you can’t bid for properties which are too big or too small for your family). If more than one-person bids for a property, it will usually go to the person who has been waiting the longest. Some people may also have special priority, for example, because they are homeless or have health problems.

What happens next?

Once you have made your application, the Local Authority or RSL will look at your form and decide how many points you should get. This will determine your place on the waiting list. Someone from the Local Authority’s housing department or RSL’s office may need to visit you in your current home to see what it’s like and check whether it is overcrowded or unsuitable for you to live in.

Unfortunately, once you are on the list you may have to wait a long time, and in some areas, you may not get housing at all. However, the Local Authority or RSL should keep you informed of your progress on the list.

Who has priority?

By law, there are three main groups of people who must be given priority (or ‘reasonable preference’) on Local Authority and RSL housing waiting lists.

people living in unsuitable accommodation
people whose homes are overcrowded or who have large families
people who are homeless or threatened with homelessness

What else could a Local Authority or RSL take into account?

You may be awarded extra priority points in the following situations:

length of time on the list
tied accommodation - your accommodation was provided as part of your job, but you have now left your job. This includes people leaving the armed forces
medical needs
social needs
social work
harassment Under occupying your current home
shared living space
mobile homes

These are only examples of points categories. Some Local Authorities or Housing Associations may not use all the categories listed above, or may have other, additional categories.

Things Local Authorities and RSLs can’t take into account

There are some things Local Authorities and RSLs are not allowed to take into account when allocating housing. These are:

how long you’ve lived in the area - you don’t need to live locally to apply for accommodation
rent arrears - relating to a property where you lived but were not the actual tenant
debt - which you did owe as a tenant, but have since paid off, which you accrued as a tenant but which are no more than a twelfth of the full annual amount payable (for example, one month’s rent arrears), or debts you owe your landlord but have agreed to pay off over time according to a payment plan (you must have been paying off the debt for at least three months and be continuing to make the payments for this to apply)
local authority tax arrears - any debts owed by you or someone you will be living with which are not related to your tenancy
previous rent arrears - you built up over five years ago, for a tenancy that has now ended
age
income - your income or the income of anyone in your family
property - any property or goods you or your family owns.

This advice relates to Scotland only.

Further information can be found at Scotland Shelter

Joint Service Housing Advice Office Civ: 01252 787574 Mil: 94222 7574 RC-PERS-JSHAO-0Mailbox@mod.gov.uk

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This guidance was withdrawn on 8 March 2023