Lettings Policy

1.    Introduction

1.1    When we allocate and let our homes, we will have regard to all relevant legislation and regulation.  This includes the Consumer Standards 2024, requirements of the Regulator of Social Housing.

1.2    We aim to understand our customers, and prospective customers needs so we can offer suitable housing.  We will give appropriate and tailored advice to anyone who approaches us for housing.  Where we are unable to assist, we will signpost to local authority housing options services and give advice on other housing options i.e. shared ownership, mutual exchange, market rent.

1.3    We will work with local authorities and other statutory agencies to reduce the barriers to social housing.  Examples of this may include approval to adapt a home or using a translation service.

1.4    We will ensure that a recognised mutual exchange website is made available free of charge for our customers who are eligible to exchange.  We will support them with this registration and through the mutual exchange process.

1.5    Where a customer wishes to move to a smaller home we will assist them with downsizing.  This may be via a transfer, mutual exchange or local authority.  This could include financial support for removals from our One Estuary Fund.

1.6    Where a household is overcrowded, they can apply to our waiting list when this is open.  When our list is closed, we will support them with finding a larger home via mutual exchange or the local authority.  

1.7    Any information collected from customers as part of our lettings process will help us understand customers and enables us to tailor communication preferences and support needs.

1.8    Definitions

‘Letting’ refers to the process where we rent a property to an applicant.  This can be both for new homes and subsequent relets.

‘Choice-based lettings’ A system operated by some local authorities and registered providers enabling applicants to bid for properties advertised.
‘Housing Need’ Any household applying to our housing waiting list will be assessed via our points-based system. Where no points are awarded, the applicant will be deemed as not having a social housing need.   

‘Nomination’ A household selected by a local authority as having a housing need for one of our homes.

‘Nomination agreement’ An arrangement with a local authority to let a certain amount of our homes to applicants from their housing register.

‘Tenant’ Someone who holds a social tenancy with a social housing provider.
‘General needs’ Refers to our social rented homes. These are provided for customers to live independently, where we do not provide direct support or care services.

‘Applicant/s’ Any person/s applying to become a tenant of one of our homes.
‘Direct applicant’ A person who has been accepted onto our waiting list but is not an Estuary social housing tenant.

‘Transfer/s’ An applicant who is also currently a general needs tenant of ours and has a Right to Transfer. 

‘Affordable rent’ Properties that are let with a rent of up to 80% of the local private market rent, but not higher the local housing allowance for the area.

‘Re-let’ Is a property which has been lived in before but now empty and is ready to be given to a new customer. 

‘Social Sector Size Criteria’ know more widely as the ‘bedroom tax’.  This refers to Government rules on the level of welfare benefit available for the size of accommodation for a household.  Our policy aligns with these rules to assist with the affordability of a home. 

‘Local letting policy’ An allocation scheme that falls outside of the standard nomination agreement or allocations policy. This may be to support building a balanced and sustainable community, rather than concentrating on meeting housing needs alone. This also includes where our homes have an age criteria.

2.    Eligibility

2.1    To be considered for an Estuary Housing Association (EHA) social housing home or to be registered on our housing waiting list, there must be a proven housing need.  

2.2    We let our homes via:
•    Local Authority housing registers and choice-based lettings schemes 
•    EHA housing waiting lists to both EHA tenants and non-EHA customers
•    Referrals by partner agencies as part of a reciprocal agreement
•    Through other special arrangements e.g., Homeless Action Resource Project 

2.3    We will investigate and verify all applications for housing. Each application will be carefully considered before an offer of housing is made to ensure that the property is suitable and affordable for the proposed occupier. To do this, we may need to request additional information i.e., medical evidence, risk assessments, occupational therapist reports, tenancy record from previous landlord and rent balances.  

2.4    We will let our properties according to our eligibility and size criteria, see Appendices 1 to 3; except where: - 
•    We have adopted a common housing policy or a local letting policy with our Local Authority partners
•    A priority rehousing application has been agreed
•    A move is part of a mutual exchange

2.5    We do not operate residency criteria, except where a nomination agreement requires the applicant to have a local or parish connection.

2.6    All housing is allocated based on the needs of the permanent members of a household.  Non-family members will not be included unless this is to provide proven care and support to a member of the household. (Lodgers are not deemed permanent however long they have resided in the property).  Please refer to our Tenancy Policy.

2.7    We will consider applications from people under 18 years old but there must be a responsible adult or Social Services support.  In these cases, it will be necessary for the local authority or responsible adult to guarantee the rent and act as the applicant or tenants’ representative, until the young person passes their eighteenth birthday.  They will only be granted an occupancy agreement whilst they are aged less than 18 years followed by a probationary fixed term tenancy once they have reached their 18th birthday.

2.8    When we offer accommodation, the applicant must prove they can afford the rent, see 7.0 below.  They will need to provide evidence of their income and expenditure upon request.  

2.9    Any offer of accommodation is made on the understanding that a minimum of one week’s rent including any service charge, is paid when an applicant accepts the tenancy.  Future rent needs to be paid in advance.  Our preference is this paid by direct debit or standing order.

2.10    We will follow all current legal and regulatory requirements in assessing applications from people subject to immigration control.  Lettings by social housing providers are only exempt if they are through an allocation by the local authority.  As we operate our own waiting list and let properties directly without a nomination from a local authority, we must carry out right to rent checks.  We are unable to offer any tenancy where the applicant does not meet the ‘Right to Rent’ criteria which is part of the Immigration Act 2014.  Any other person over 18 who will be part of the household also needs to meet this criterion.  Where they do not, we cannot take them into account, and this may affect the size of accommodation offered. (See Appendix 1 for more information).

3.    

3.1    Most of our homes are let through local authorities’ choice-based lettings (CBL) schemes.  We are committed to the principles of choice-based lettings as a fair and transparent way of sourcing applicants for our homes.  

3.2    We will co-operate with local authorities to support them to meet their statutory duties in relation to the homeless and those in priority need.  We will assist them in developing their strategy and commissioning of services for domestic abuse survivors and their children to provide safe accommodation. However, any nomination must meet the criteria of this Policy.    

3.3    Each Local Authority has its own system for advertising and short-listing applicants; therefore, any applicant should contact the local authority or check the specific local authority website for more information. 

3.4     We will work with local authority partners and statutory agencies to reach agreement on the proportion of empty homes to be offered to local authority nominations.  The proportion may vary according to local arrangements.  
3.5       We will adhere to the provisions of any nomination or service-level agreement we hold with our local authority partners.  However, we reserve the right to refuse nominations in accordance with our Lettings Policy.

3.6     Where we reject a nomination from a local authority, applicants will be advised of the reason for this. Grounds for rejection will vary and are subject to the nomination agreement and our eligibility criteria. Rejection may include submission of inaccurate information, suitability of property for the applicant’s needs (i.e., requires ground floor and the property is 1st floor, age restriction), immigration status, property unaffordable.  

4.    Applications for housing via our waiting list 

4.1       We have a limited number of homes to offer due to the nomination agreements with local authorities. We will allocate to these from our housing waiting list. This consists of our own transferring tenants and non-Estuary applicants.  
4.2     Our waiting list will open and close as required to ensure we have sufficient applicants to meet our obligations and empty homes are let as soon as possible. This may relate to whole local authority areas, or specific size or type of home. This information will be available on our website.  For customers not able to access the website this can be provided on request.

4.3       Where we have an open waiting list, we will consider all applicants who wish to move from their current home where there is a housing need.
 
4.4       Where our waiting lists are closed, we will only consider applications from our current social housing tenants where they qualify under the Priority Rehousing Policy; or where there is a proven need to be closer to family to give or receive support; or for guaranteed employment.

4.5       Where an application is received and there is no housing need the applicant will not be accepted onto our waiting list.

4.6       We will not allow a transfer during any probationary period of a fixed term tenancy unless there is a risk to life or serious medical condition. These cases will be considered via our Priority Rehousing Policy.

4.7       Applicants must not have rent arrears with their current landlord to be accepted onto our waiting list. The only exception to this is for current EHA social rented tenants who have proved they will be financially better off, i.e., downsizing or where a transfer has been agreed under our Priority Rehousing Policy.

4.8       All applicants are required to keep us updated with any change in their circumstances.  Failure to do so may result in an offer of accommodation being withdrawn or removal from our housing waiting list.  This includes an annual review of their application.   

4.9       Applicants will have the opportunity to specify a local authority area of their choice as part of the application process. We will allocate homes within any area of that local authority. Where an applicant has stated a specific location, they wish to live, or not wish to live, this will only be accepted if this is due to a medical need, or supported by the Police, Social Services, or other similar agencies.  

4.10    We will consider applicants needs to be near a special education school catchment or family support networks, where the needs of the children would be improved. Our ability to do this may be restricted by the limited number of properties in certain local authority areas. 

4.11    Our waiting list operates on a points-based system.  Generally, the applicant with the highest points will be offered an available home.  However, where the home is adapted or ground floor, we will offer to the household most suited to this home.  Therefore, it may not be an applicant with the highest points.  4.12     Applicants will receive one offer of a suitable home in the local authority area of choice.  Due to the urgent nature of rehousing, we will generally telephone or email to advise there is an offer of accommodation.  If required, we will post an offer of accommodation letter.  However, if an applicant fails to respond within 48 hours of contact, we will move on to the next applicant.   

4.13     We will arrange an accompanied viewing with one of our people.  Applicants are encouraged to view so they can make an informed decision whether to accept or refuse the offer. 

4.14     Where an applicant refuses with or without viewing this will be counted as a formal offer.  Refusing the offer will result in the applicant being removed from the waiting list. They will not be able to reapply for a minimum of 6 months and to be eligible still have a housing need.

4.15     Where an applicant or a member of the household is pregnant, we will not count this child as part of the household until after they are born.  It will be the responsibility of the applicant to provide a copy of the birth certificate.  The birth of a child does not automatically entitle an applicant to larger accommodation.  We can only consider this where we have open waiting lists. 

4.16     We will not normally accept applicants who have been evicted or are subject to a court order for any breach of tenancy.

4.17     For non-EHA applicants we will request a reference from your current landlord, and we reserve the right to contact previous landlords, to ensure any tenancy has been conducted satisfactorily.  

4.18     For EHA tenants we will inspect your home prior to accepting you onto the waiting list.  Where this has not been kept to our required standard, you will not be allowed onto the waiting list. Once the property meets our requirements you can be reconsidered. A further inspection will be conducted before an offer is made where the previous inspection is more than 6 months old, or we have concerns about the condition of the home.  If the home is not to our standards, then we may withdraw the offer.  
   
4.19     For the purposes of this policy Estuary’s market rent and mortgage rescue customers are not entitled to transfer. However, they can apply to join our housing waiting list, where these are open.

4.20     Estuary Board members, employees, or their close relatives can apply for housing.  The link must be disclosed on the application form.  Their application will need to be agreed in accordance with Section 7 of our Probity Policy.  
 
4.21     Where applicants or tenants have pets, permission will be needed from Estuary to keep the pet/s in any of our homes. Please refer to our Pet Keeping Policy.  Where permission is not granted, or the property has a restriction on pets, if an applicant refuses an offer due to this reason the offer will count as a suitable offer.  The exception to this is where it can be evidenced the pet is required for day-to-day living (i.e., guide dog for the blind, hard of hearing etc), by a suitable agency or qualified professional.   

4.22     Where we refuse or reject an applicant or offer of accommodation, we will give clear reasons why.

5.    Bedroom standard 

5.1       The size of accommodation applicants can bid for via CBL schemes may differ from our Lettings Policy. However, unless stated we will follow our Lettings Policy when allocating homes via Local Authority housing registers.

5.2       Our bedroom standard is largely based on the Department of Work and Pensions (DWP) social sector size criteria (SSSC). However, due to the demand for our homes we expect that same sex children can share indefinitely unless there is more than a 3-year gap following the eldest 16th birthday. 

5.3       We will allow an extra bedroom where a disabled child or disabled adult requires overnight care from a person who is not part of the household. This needs to be a permanent requirement that can be evidenced by an appropriate professional.  

5.4       Where a couple are unable to share a bedroom because of their disabilities, they will be entitled to their own bedrooms. This needs to be a permanent requirement and can be evidenced by an appropriate professional. 

5.5       If an applicant bids for a property that is deemed larger, or smaller than their household’s need, according to our bedroom standard, we will refuse to let the property to that applicant. 

6.    Medical Assessment (see also Priority Rehousing Policy)

6.1      We will only consider medical priority for EHA social rented tenants, as we can make an assessment considering their current accommodation.

6.2    Where an applicant wants a medical condition to be considered as part of their application, it will be the applicant’s responsibility to provide evidence to support this.  

6.3       For non-Estuary applicants we will not assess their application for medical priority.  However, we will consider their needs regarding the suitability of properties i.e. need ground floor where this is supported by an appropriate professional.

6.4        Medical priority will be assessed by an independent medical advisor based on our Lettings Policy, Lettings Guidance and Priority Rehousing Policy.

6.5      Where an applicant does not agree with medical assessment , they can appeal. However, they will need to provide further evidence that has not already been supplied before EHA will resubmit as an appeal to the independent medical advisor. 

6.6      The independent medical advisor’s decision is final.  Where an appeal is not upheld there is no further right of appeal. 

6.7      Applicants can reapply for medical priority where their condition has worsened or there are changes in their circumstances that were not previously considered.

7.    Affordability assessment

7.1    Before any offer of accommodation, to a non-Estuary applicant we will carry out an affordability assessment to ensure that the home is affordable. Where an applicant is one of our social housing rented tenants, we will only carry out an affordability assessment where the rent is higher than their current rent or there has been a previous history of rent arrears.

7.2    We aim to meet the objective that no household should pay more than 50% of their net household income on rent inclusive of any service charge. This assessment includes entitlement to welfare benefits. 

7.3    Where a household will be paying more than 50% of their net household income, it will be considered unaffordable. However, where the result is between 50 & 55%, we will take into consideration the employment history of the applicant over the last 3 years. The aim of this is to provide an indication as to whether the applicant is likely to recommence employment, obtain higher earnings or increased hours and therefore increase the likelihood of improving their income.

7.4    Where a home is deemed not affordable, we will inform the applicant, and we will not continue with the offer of accommodation.  

7.5       Where we or an applicant refuses an offer on the grounds of a home being unaffordable and this is supported by the affordability assessment, this will be considered a reasonable refusal by us, and the offer will not be counted. Where the applicant is a local authority nomination, we will inform the local authority of our decision. The applicant will need to check with the local authority if this has a negative impact on their housing application. 

Priority Rehousing transfers

8.1       To support our current social rented housing tenants we have some categories of transfer requests which are dealt with as a priority over others. These can include but not limited to: -
•    Under-occupied properties
•    To alleviate serious housing management issues, domestic abuse, harassment
•    Severe financial hardship.  

8.2      In these exceptional circumstances we may consider requests to transfer where a tenant does not fulfil criteria i.e., rent arrears. We will follow our Priority Rehousing Policy and assess each case on its own merit. We will need to be satisfied that the reason for the priority transfer request will be alleviated by a move to a new home.  

8.3       We will consider priority moves from other registered providers and local authorities. This would include where there is a duty or urgent need to rehouse and where it would a allow reciprocal move.

8.4    Moves required from a property undergoing major works (decants) are also referred to in the Priority Rehousing Policy.

9.    Accepting an Affordable Rent property

9.1    Where a property has been built or previously let as an affordable rent home, we are unable to change the rent type under any circumstances.

9.2    The applicant will be offered the property at an affordable rent based on affordability.

10.    Under occupation

10.1     We recognise that living in a home too large for your family size can lead to financial hardship.  Any applicants with a current assured or secure social housing tenancy will be considered for downsizing priority.

11.    Special and sensitive lettings and adaptions

11.1     We will ensure that any local lettings plan reasonably balances the competing demands of local housing need and desire to address the specific issues on an estate or neighbourhood locality. This will be done in discussion with the local authority. Local lettings policies will be regularly reviewed to ensure that they continue to meet the initial aims.

11.2     We may decide to treat a letting as a sensitive let to minimise a risk to an applicant or the community where there is, or previously been, a housing management issue. Where we have indicated an empty home as a sensitive let, we will allocate the property to the most appropriate applicant, which will not always be the one with the highest priority.  

11.3     We have some homes that have a minimum age criterion, and these are generally for older people. Where vacancies are advertised via the local authority the minimum age will be stated.  Where the letting will be from our waiting list, we will discount any one on the list who does not meet the age criteria.

11.4     Ground floor homes will only be offered to those that require this type of accommodation due to proven medical need. Except for where there are no suitable applicants at the time of letting.  This includes nominations.

11.5    Our homes which have been adapted for use by those with disabilities will be allocated to an applicant with a disability or a support need. We will work with Occupational Therapists within the local authority to ensure the home is let to the most suitable applicant.

11.6    We will consider nominations where an applicant has bid on a home which is not adapted but they require them. We aim to support the applicant with our decision based on the type of home they have bid on and the suitability of that home to be adapted. We cannot guarantee to fund any adaptions, so applicants need to have funding agreed prior to any offer. We also are unable to postpone the letting to enable the adaptions to be carried out.  

13.    Falsifying information   

13.1    Where there is evidence that an applicant has in our opinion deliberately worsened their circumstances to qualify for higher priority, no additional points will be allocated.  

13.2    Where there is evidence, an applicant has given false or fraudulent information, they will be removed from our waiting list.  

13.3    For our customers, we may take legal action for breach of tenancy.

14.    Appeals and complaints process

14.1     Where an applicant raises dissatisfaction with service they have received as part of their application, selection, offer or allocation process complaints will be considered in line with our Customer Complaints and Feedback policy.

14.2     Appeals for the following reasons will be considered by our Complex Case Panel. 
a)    An applicant feels the points given as part of their application process have not been awarded appropriately.
b)    An applicant has been removed from the waiting list and they do not agree with this decision.
c)    An applicant deems an offer considered suitable by EHA as unsuitable

14.3    In the case of 15.2 c) EHA cannot hold the property for the applicant whilst the appeal is being reviewed.  Where the appeal is upheld, the applicant will remain on the waiting list.  Where it is not upheld, they will be removed.  

15.    Information sharing

15.1     Responsible information sharing can play a key role in the letting of our homes. We will follow information-sharing protocols with local authorities and partners where they are in place.  

16.    Monitoring

16.1     At regular intervals, we will review our policy and procedure to ensure that it continues to meet our objectives and regulation. The review of the policy is carried out in consultation with our Residents Voice & Influence Panel, key stakeholders including local authorities and our Customer Experience Committee.

16.2     We will work closely with our local authority partners to monitor our nomination arrangements and provide regular lettings data (LA ‘returns’). The monitoring and provision of data may vary between local authorities.

16.3     We will provide standardized data to regulators as necessary, including Continuous Recording of Lettings (CORE) data collection.

16.4    We will publish the previous financial year's lettings on our website for each local authority area.  This information will also include if the resulting let was to a nomination, transfer or direct applicant.

17.    Related documents
•    Priority Rehousing Policy
•    Tenancy Policy
•    Lettings Guidance & Procedure 
•    Decant Policy
•    Pet Keeping Policy
•    Probity Policy
•    Mutual Exchange Policy
•    Appeals process
•    Customer Complaints & Feedback Policy
•    Complex Case Panel terms of reference

Eligibility criteria for letting to new general need customers, including nominations from Local Authorities

Applicants must:
•    have a housing need
•    be over 18 years of age, however we will consider housing 16- or 17-year-olds where they are nominated by the local authority due to statutory homeless duty or are subject to assistance under section 27 of the Children’s Act 1989.
•    be a British, EEA, Swiss national or those with an indefinite right to be in the UK or have the right to rent (see below Immigration Act 2014)
•    not own their home or their own residential accommodation elsewhere
•    not hold another tenancy elsewhere unless this is to be terminated upon the taking the tenancy with Estuary
•    not currently subject to a custodial sentence
•    not have been previously evicted for a breach of tenancy from any property, including anti-social behaviour, non-payment of rent or charges, tenancy fraud or misrepresentation.
•    not known to have or members of their family are known to have caused serious anti- social behaviour
•    not have any outstanding debts with Estuary because of a failure to pay rent, court costs and rechargeable repairs unless a transfer has been agreed as part of our Priority rehousing policy.
•    be able to demonstrate that they can sustain a tenancy which will include passing our affordability assessment.
•    be eligible for the size of accommodation using our bedroom standard.
We reserve the right to refuse a nomination where we believe the letting will present a risk to the applicant, other customers, Estuary staff or contractors.
Immigration Act 2014 and right to rent checks

Under the Immigration Act 2014 we are not allowed to grant a residential tenancy to any one unless the prospective tenant is a British citizen, or EEA or Swiss National, or has a right to rent in the UK. Tenants have a right to rent if they are present in the UK lawfully, in accordance with immigration laws.

We are not required to take any retrospective action in relation to residential tenancies entered into prior to 1 February 2016, or which are renewed after that date if there has been no break in the tenant’s right to occupy and the new agreement is between the same parties.

For applicant(s) who apply to Estuary directly we will need to carry out right to rent checks. These checks will include all adults (over 18) who will be part of that household. Those nominated by the Local Authority would have had these checks carried out as part of that application process.

Applicant(s) with an unlimited right to rent will be allowed entry onto our waiting list and where offered a home will be granted an assured or fixed term tenancy. 
Applicant(s) with a time-limited right to rent will be allowed entry onto our waiting list. Prior to the offer of accommodation will be required to carry out a further right to rent check. Where an applicant(s) meets the limited right to rent checks they will be granted an assured shorthold tenancy for 1 year, which will be reviewed annually.
Applicant(s) with no right to rent will not be allowed entry onto our waiting list and will not be offered accommodation under any circumstances.  

The Home Office website contains the step-by-step checklist which enables a landlord to check whether a prospective tenant has the right to rent residential property.  We will use this to carry out our checks: -   Check if someone can rent your residential property - GOV.UK

They  must:
•    have a housing need
•    be able to demonstrate that they can afford to pay the rent at the new home.
•    have no outstanding debts to Estuary, including rent, court costs or charges, unless a transfer has been agreed as part of our Priority rehousing policy.
•    hold an assured, secure or fixed-term tenancy and have a right to transfer
•    not be within a probationary period of their tenancy
•    have maintained the property in good condition
•    have complied with the terms of their tenancy
•    be eligible for the property being offered using our bedroom standard set out in Appendix 3
•    not own another home

We will allocate one bedroom for any of the following: 
•    single adult as an applicant (or a studio [bedsit] where we have this type of accommodation)
•    each adult couple 
•    two children of the same sex under the age of 16
•    two children under the age of 10 regardless of their sex
•    any child that has reached the age of 16 and there is more than a 3-year age gap with a same-sex sibling
•    any child that cannot share a bedroom due to proven permanent disabilities 
•    any other person who can be evidenced as being a permanent part of the household and is over 21 years of age and is not your own child or partner (this does not include lodgers)
•    where a couple are unable to share a bedroom due to their proven disabilities
•    a carer who is a non-family member and is not part of your household where you, your partner, or children need permanent overnight care.
•    Grandchildren or stepchildren would be expected to share bedrooms with other family members as listed above.
Under the social sector size criteria, an extra bedroom will be allocated for a foster child where the customer is an approved foster carer, whether they have a child placed with them or not (if they have been approved or had a placement in the last 12 months).  This is subject to the applicant being able to afford the property when they have no placements or spare bedrooms.
Applicants with access to children, but no children permanently living with them, will be allocated a one-bedroom property.  Where joint custody arrangements or shared residency orders apply, we will only consider additional bedroom/s for child/ren for the parent receiving the child benefit.