Transfer policy

• To ensure there is consistency across the Group when assessing transfer applications, whilst recognising local variations (Appendix C)
• To reflect the communities we work in and ensure that these communities and our lettings are sustainable.
• To minimise the time that properties are left unoccupied and keep rent loss to a minimum;
• To ensure that no individual or group is discriminated against or treated differently as a direct or indirect result of our transfer policy.

This Policy sets out how we will manage internal transfers across the Group.

The Group will provide an effective allocations service that meets the requirements of the Regulator of Social Housing (RSH) Tenancy Standard.

We will:

• use HomeSwapper and highlight this service as an option for existing tenants wishing to move from their existing home;
• transfer tenants in a fair, transparent and efficient way;
• ensure there is consistency across the Group when assessing transfer applications, whilst recognising local variations;
• reflect the communities we work in and ensure that these communities and our lettings are sustainable;
• minimise the time that properties are left unoccupied and keep rent loss to a minimum; and
• ensure that no individual or group is discriminated against or treated differently as a direct or indirect result of our transfer policy.

This Policy applies to all parts of the Longhurst Group.

This Policy applies to all tenants who apply for a transfer with us.

We may not accept direct transfer applicants where common housing registers/choice based lettings schemes operate. This will depend upon locally agreed arrangements (Appendix B).

We will normally only accept transfer applications, and subsequently make an offer of re- housing, where all accounts are free of debt; all terms and conditions of the tenancy have been met; and a satisfactory tenancy inspection has been completed.

We will not accept applicants for transfer from tenants with Starter Tenancies until their tenancy has converted to an Assured Tenancy or unless authorised by the Director of Housing Services.

If we are able to transfer within our housing stock, we will use our Sustainability Matrix to assess whether an applicant can afford to live in one of our homes. The financial metrics used are in line with the Consumer Price Index and are updated yearly. Regional variances will be taken into account within agreed frameworks.

We will not transfer a tenant who clearly cannot afford to sustain a tenancy, identified by pre-tenancy checks.

There are two pathways to transfer with us.

Management Priority transfer

Authorised by the Head of Housing Services or Director of Housing Services.

Direct transfer

We will normally only accept a transfer application if a tenant is subject to one or more of the following:

• overcrowding;
• under-occupancy;
• race and hate crime;
• domestic abuse; and/or
• critical medical need – we will require relevant and up to date medical evidence to support a transfer move. Where relevant we will ask the applicant to provide a report from an Occupational Therapist.

Transfer applications can be accepted from employees, elected members, board members and their close relatives, provided they are eligible to apply. Applications will be reviewed and accepted/refused by the Executive Director of Housing Services.

We will work with applicants using our Sustainability Matrix to ensure they are applying for housing that is affordable.

Accessible properties

Accessible properties for people with a disability – in the first instance we will work with the local authority to allocate the property. If no suitable applicants can be found, we will contact social services and other relevant agencies before making an allocation to someone who does not need an adapted property.

Multi-Agency Public Protection Arrangement (MAPPA) Level 3 Offender

Where we know we are housing a MAPPA Level 3 offender, we will seek appropriate advice and information from the Police, Social Services and Probation. A MAPPA Level 3 offender is as defined in the Children and Young Persons Act 1933 and subsequent relevant legislation.

Children in flats

We will not let flats above the ground floor to families with children aged under seven years. We will let ground floor flats to families with children of any age.

Survivors Fleeing Domestic Abuse

For all survivors fleeing domestic abuse, we will offer an assured tenancy as standard when moving into their new home, providing security of tenure.

Our preferred method of letting our homes is to work with Local Authorities in accordance with local arrangements. Where a Local Authority is unable to nominate or a shortlist is exhausted we will implement our Fast Track Lettings Process.

A property will be classified as suitable for Fast Track if it meets one or more of the following criteria:

• the Local Authority (LA) has been unable to supply a nomination/shortlist in accordance with the nomination agreement. This is referred to as a failure to nominate;
• where nominations have been supplied, the permitted number of refusals under the nominations agreement has been reached;
• where we are exercising our own nomination rights, particularly where we are concerned about the continued sustainability of a scheme; and/or
• if we have a Local Lettings Plan in place.

Where a property has been classified as suitable for Fast Track letting, we may choose to advertise using one or more of the following methods. This list is not exhaustive and we may advertise through other media.

• National lettings websites such as Rightmove.
• Local press;
• Our websites
• Facebook and other social and digital media
• Local agencies such as Age Concern.

We do not all allow current tenants who hold a tenancy with Longhurst Group to apply for a home with us through Rightmove or any other home letting service.

Applicants aged 16 and 17 will be given a tenancy in trust until they are 18. A starter tenancy will be issued at 18 provided there are no tenancy breaches.

There are occasions when we will have to reject a transfer application other than where an applicant does not meet the transfer criteria. Applicants can appeal the decision.

A transfer application will be rejected if:

• The applicant has supplied significantly false or misleading information on their application for a
• The applicant or a member of their household have/or are subject to legal proceedings against them for unacceptable behaviour or breaches of tenancy or have been guilty of unacceptable behaviour which would entitle us to take legal action against their
• The applicant or a member of their household has physically or verbally abused staff or contractors working for Longhurst Group or another
• There has been a deterioration of the current or former home due to waste, neglect or default by the person or any member of the
• The applicant or a member of their household has used their premises for the sale or supply of illegal

These exclusions will not apply where the unacceptable behaviour took place two or more years before the date of the application and the applicant or relevant household member has sustained a tenancy satisfactorily in the meantime.

Debt

If a transfer applicant owes rent or debt for rechargeable repairs, we will only progress their application if they have made continuous payments to clear the debt for a minimum of 16 weeks before authorising a transfer request. There must be no missed payments in breach of their agreement to pay.

For Longhurst Group tenants that are seeking to transfer and have only accrued arrears on their rent account from 01 March 2020 at the start of the Covid-19 pandemic we will review each case individually taking into account each circumstance. We will not reasonably refuse a transfer for any tenant that has been adversely impacted by Covid-19 and demonstrated that they have been unable to meet their rent commitment in full but have made contributions towards payment of rent.

Where a transfer application is rejected, the applicant will be informed in writing of the reasons for our decision .

The reasons for refusal above are not exhaustive and we will consider each case individually.

Choice Based Lettings (CBL)

These schemes are often established by partnerships of local authorities and/or housing associations. CBLs are designed to introduce an element of choice for people who apply for council and housing association homes that are advertised for rent, rather than waiting to be offered housing through a waiting list system.The allocation of the home is based upon a points based or other priority based assessment of need of those who have made a bid for a home.

Nominations Agreement

A service level agreement where a housing association and a local authority will work in partnership to addresshousing need within the local area. The housing association will accept an agreed percentage of applicants from thelocal authority rehousing list when properties become vacant.

Direct Let (Fast Track)

Properties that are advertised and re-let directly by the association on the principle of first come first served, whilst demonstrating a need for housing set out in the eligibility criteria. See our Lettings policy.

Transfers

An allocation by where we allow an existing tenant to transfer to another one of our homes. Refer to our Transfer policy.

Tenancy Agreements

The associations properties will be let on either, assured tenancies, starter tenancies or Assured Shorthold tenancies.

New tenants will initially be signed up for a 12-month trial period, known as a starter tenancy. The tenancy will convert to an assured tenancy upon satisfactory completion of the trial period.

Assured Shorthold tenancies are offered to those being accommodated in specific supported housing schemes and for properties that we manage. Exceptions include the provision of temporary accommodation in partnership with the local authority where a licence/use and occupation agreement will be used.

Local Variations

There may be specific lettings criteria for some housing schemes e.g. where Section 106 planning agreements are inplace or for other schemes such as allocations under the Seaside & Country Homes scheme.

Restrictions can include requirement to have a defined local connection with the scheme concerned.

Updated 29/07/2016