1. Council Housing
1.2 Council housing for waiting list applicants
Councils generally have houses and flats, general needs properties and units of sheltered housing designed for people who require a housing support worker or warden support. Check with the Council for the local situation.
Councils still own and manage approximately 25% of all the housing stock in Scotland and remain the biggest provider of social rented housing.
The number of choices of letting area applicants are allowed to make varies. Check with the Council for the local situation.
Local letting policies vary.
You must check for details with the Council.
An applicant's chance of being offered a Council property is influenced by:
• how often a vacancy occurs in any of the applicant's choices of letting area
• the number of points the application has been awarded
• what position this places the application in on the area of choice list in comparison with other applications.
In some areas there is a lengthy waiting list with few properties being allocated.
Who can apply for Council housing in Scotland?
• Anyone aged at least 16 provided he or she meets at least one of the following conditions:
o is living in the area
o works or has been offered work in the area
o wishes to move to the area to look for work
o wishes to move to the area to be near a relative or carer
o has special social or medical needs for wanting to live locally
o wishes to move to the area to provide care support to a relative who already lives there (this isn't a legal requirement - would depend solely on local authority policies - not changed by the 2001 Act).
• is subject to harassment (as defined in the legislation (the Protection from Eviction Act 1997) and wishes to move into the area
• runs the risk of domestic violence and wishes to move into the area
• HOMES Mobility Scheme applicants
• Existing tenants of the Council, local housing associations or of the Scottish Homes houses in the Council area may apply for a transfer to a Council house provided they are not in breach of their current or previous tenancy agreement. Check with the Council for any specific grounds.
Where and how to apply for Council housing
Anyone who wishes to become a Council house tenant must first fill in a straightforward application form. The form can be obtained by writing to, telephoning or visiting the local Council Housing office.
Generally applicants are given a leaflet which summarises the application system, allocations policy and points or assessment system. A more detailed description of the Council's system will also be available from the Council although the information and advice given is described below in an amended form. Applicants would be well advised to study the assessment system carefully before filling in their application form.
The Council's housing allocation policy and points system
The Council decides the policy to be used in allocating properties and it is usually the responsibility of the Housing Department to implement this policy and allocate Council housing. A points/assessment system is normally used to decide which applicant on its waiting list should be offered the tenancy of any property that becomes vacant. The more points an applicant has, the greater their chance of being offered a Council house. However it must be borne in mind that although an applicant is near the top of the waiting list at a particular moment in time, other applicants may subsequently receive a higher number of points, if a point system is being used, and therefore be housed before them. There is a balance of allocations to all categories of general needs, homeless or special case applicants. Only if there is an equality of points for the same premises will the time an applicant has been waiting be taken into account. Check with the Council whether a points system is used.
The importance of providing full and up-to-date information in the application form
It is very important for applicants to provide accurate information when filling in the application form. If an applicant is not sure whether a piece of information about their circumstances is important then the Council's housing staff would be happy to provide advice. In any case, it is better to include too much information on the application form than too little and then risk losing as a result. It is important for the form to reflect the applicant's circumstances, some of which may be of a personal nature. All applicants are assured of confidentiality.
Moreover, if applicants remember something they forgot to put on the form after they have submitted it, or if their circumstances change as time goes by, they should let the Council's housing staff know in writing as soon as possible. That way their application form can be amended and the points total or place on the list adjusted accordingly.
What happens next, after the Council has got the application?
The Council's housing staff go through the form carefully, ensuring eligibility and then points are awarded if a point system is being used, according to each aspect of housing need (see next section for further details).
Check with the local Council for details about the local process for how they keep the applicant informed of progress, whether there will be a home visit, and what determines order of priority.
Remember that an applicant's place may move up and down on the list assuming it is not the date order system that is being used.
How many houses will an applicant be offered?
An applicant will normally be made a maximum of three offers (local policy - so could be any number). This varies, so it is important to check with the Council for local policy. The second offer is only made after refusal of the first. If there are three offers made and the refusals are considered unreasonable, the Council may not make another one for at least 12 months after the date of the applicant's final refusal. (NB. Good practice guidance that is due to be published by the Chartered Institute of Housing is liekly to indicate that a 12 month suspension is not good practice, similarly a maximum number of offers is likely to be discouraged - but it's not covered by the Executive's statutory guidance so is not technically a 2001 Act change.
How long will an application be held on the waiting list?
Generally applications are only held on the waiting list for one year unless the applicant completes and returns an updating form sent out at that time which confirms that he/she still wishes to remain on the waiting list. The Council generally sends a reminder after a period of time but if no reply is received soon thereafter, the application will be withdrawn. Check with the Council for the local policy.
Notifying the Council of changes of address, or other circumstances
It is very important, therefore, that applicants tell the Council if they change address after they have submitted their application form. This avoids the danger of letters from the Council not being received by the applicant, whose name will be removed from the list if no response is received by the Council's housing staff. It is in the applicant's best interest to maintain regular contact with housing staff and notify them as soon as possible of any changes in their circumstances.
How the points are allocated for general needs housing
This is a general list; it is very likely that there will be some local variations in definition of need. Check.
Housing Need
1. Overcrowding (each bedroom lacking)
2. Children above first floor (under 5 years of age)
3. Lack of amenities:
No inside WC
No fixed bath or shower or wash hand basin
No piped hot water system
No piped cold water system
Sub-standard property
Shared amenities
• Insecurity of tenure
• Medical need
• Other social need:
Support elderly/disabled relative
Fostering
Previous connection with area of choice
Distance from workplace
• Social work advice
• Domestic violence
• Racial or sexual harassment
• Under-occupation (each room surplus to needs)
• Mobile home/Caravan
• HOMES Mobility Scheme
• Bedsit
Definitions: Each of the definitions relating to this list must be carefully checked with the Council to confirm the local situation.
1. Overcrowding
An applicant with more people living in the house than defined by the Council's standards qualifies for overcrowding points. There are some restrictions on qualification, on which the Department can give advice. Under the Council's standards:
separate double bedrooms are required for:
• a couple, single parent or pregnant woman
• two children of the same sex under the age of 16 where the age difference is less than 9 years
• two children of a different sex under the age of 5 years.
single bedrooms are required for:
• any other adult (over 16 years) who is a member of the household
• any child of a different sex where one is over the age of 5 years
• any child of the same sex where the age difference is 9 years or more.
A double bedroom is defined as having a floor area of 110 sq. ft (10.22m2) or more; a single room is 70 sq. ft (6.5m2) or more, but less than 110 sq. ft (10.22m 2).
Points to note:
This helps the Council to understand how many bedrooms the applicant's household will require in the council house they are looking for, but it is also important to record, under the household details section on the application form, other relevant details, for example:
• If children from a previous relationship will be staying in the house regularly (parental access rights will need to be confirmed)
• if the applicant's existing household is expected to get bigger or smaller (for example, a household member deciding to go on living in the old house whilst the rest of the household moves to the new one, or two households who previously had to live apart now being able to live together in the new house as one household).
2. Children above ground floor
If the applicant lives above ground floor level and has a young child, he/she may qualify for additional points.
3. Lack of amenities
If the applicant lives in a house that is in a bad condition he/she may be given points if the house lacks cold water supply; inside toilet; hot water supply; bathroom or fixed shower or is otherwise unfit. The applicant may also be given points if he/she has to share any of these amenities with somebody else.
Point to note:
A Council officer will visit the property to check the extent to which it is unfit to be lived in.
4. Insecurity of tenure
Applicants will get extra points if they have to leave home through no fault of their own but only where the Council is satisfied that actual homelessness could occur within six months.
Service or tied tenants (including people living in HM Forces, Police, Coastguard, Customs and Excise or Lighthouse Board housing) will be awarded points when they have to leave their home because they have left the service.
5. Medical need
If the applicant has health reasons for needing re-housing then these should be put down on the application form. Check the local arrangements for medical assessment.
6. Social and care support needs
Points may be awarded where the housing staff are satisfied that the move to the area of choice would result in better care and/or support being provided:
• by a member of the applicant's household for an elderly or disabled relative
• for an elderly or disabled member of the applicant's household by a caring relative
• to enable a family who want to foster a child to find housing which is sufficiently big and otherwise suitable.
• Additional points/awards may also be granted to applicants living over a certain distance from their work.
7. Social work advice
In some areas there are special arrangements with the social work department/service for older people, young people to be looked after, people with community care needs and people leaving institutions, including ex-offenders. This could include 'back to the community points' or equivalent. Check with the Council for the local situation.
8. Domestic violence
Part II of the Housing (Scotland) Act 1987 (which deals with homelessness) provides that a person should be treated as homeless if it is probable that remaining at home will lead to violence or threats of violence from another person living in the accommodation and it is likely that the person will carry out the threat.
The Code of Guidance issued by the (then) Scottish Office in 1997 recommends that a Council should take reasonable steps to obtain information to support the applicant's case. However if it proves impossible to obtain confirming evidence then the applicant's expressed fears should be considered as sufficient evidence.
Check with the Council for the local assessment procedures and any special referral arrangements that may operate with Women's Aid and other local agencies.
9. Racial, sexual or other forms of harassment
Where there is evidence that any member of the applicant's household has been subjected to continued racial or sexual or other form of personal harassment, to the satisfaction of the Council, then additional points can be awarded. Check with the Council.
10. Under-occupation
Using the same formula as described for overcrowding (see Definition 1), points will be awarded for under-occupation of the applicant's house, e.g. where there are spare bedrooms.
Points will, however, only be awarded where the applicant is also the head of the household or a joint applicant.
11. Mobile homes
Applicants living in mobile homes may be entitled to extra points.
Points to note:
• applicants may be entitled to points for overcrowding using the same assessment method described in Definition 1 and
• may be entitled to points for lack of amenities, as detailed in Definition 3.
Check with the Council.
12. HOMES Mobility Scheme
See 'Council Housing' section 1.5 Rights and Responsibilities.
13. Bedsit accommodation
Applicants living in bedsit accommodation may be entitled to extra points in recognition of the fact that this is not likely to provide suitable accommodation in the long term. This generally applies to all bedsit accommodation in the area which means that Council tenants living in bedsits may also be entitled to the extra points if they apply for another Council house. Check with the Council for the local situation.
