Joining the housing register
2.1 Who can register?
Anyone over the age of 18 years can apply to join the register, providing they are ‘eligible’. Applicants do not need to have a connection with Hartlepool, although preference for housing will be given to applicants with a local connection (see section 4.6). In exceptional circumstances, people who are 16 and 17 can apply with appropriate support and a guarantor. Care Leavers whose placements end on their 18th birthday can apply and bid from 17 years and 6 months old.
People are eligible if they meet the requirements of 160ZA of the Housing Act 1996 (and any subsequent legislation), which deals with the immigration status of people who have come to the United Kingdom from abroad.
The regulations setting out which classes of people from abroad are eligible or ineligible for an application are The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Regulations 2006 (and any subsequent amendments).
2.2 Who will qualify to join the register?
Under the Localism Act 2011, we have the ability to decide who may not qualify for social housing in the area. People who fall into the following category may be assessed as ‘non-qualifying’ for a period of 12 months on the housing register:
- An applicant (or a member of their household) who has been found guilty of unacceptable behaviour that is serious enough that a landlord would not offer them housing and that they remain unsuitable because of that behaviour.
We may regard the following as unacceptable behaviour for an applicant or any member of their household:
- Criminal convictions (unspent convictions that are tied to unacceptable behaviour related to housing management) *;
- Significant housing debt** which includes rent arrears, mortgage arrears, court costs or rechargeable repairs;
- Failing to keep to an agreed repayment plan in relation to housing debt;
- Perpetrator of domestic abuse, racial abuse or harassment;
- Perpetrator of abuse, violence or threats towards a member of staff;
- History of anti-social behaviour; and
- Providing false or misleading information.
*Spent convictions will not be considered during our assessment.
** Significant housing debt will be equivalent to 8 weeks and above chargeable rent arrears or 2 months mortgage arrears
Each case will be considered on an individual basis and exceptional circumstances will be considered. Before a decision is made to make an applicant non-qualifying, we will gather evidence such as references from current or previous landlords, rent statements, photographic evidence of damages, and information from Police/Probation or complete any other required investigations we need to complete to make our decision.
If an applicant is made non-qualifying, they will be informed in writing of the reasons for this decision and what can be done to rectify the situation. Applicants who have been made non-qualifying can request a review of this decision within 21 days of the date of the notification.
Applicants are expected to address the issues that made them non qualifying before they can be made active on the housing register. This may include making and adhering to a repayment plan or evidence that they have not caused any further anti-social behaviour during a defined period.
2.3 Joint applications
Joint applications will be accepted, provided all applicants are eligible, aged 18 or over and intend to occupy the property together as their only or main home. The joint application will be assessed and placed in the appropriate band using the details of the household member with the greatest housing need. In exceptional circumstances, people who are 16 and 17 can apply as joint applications with appropriate support and a guarantor.
2.4 Multiple applications
Multiple applications are not allowed. A person can only be on the register with one active application.
2.5 Re-applying for housing
If an applicant has been housed via the scheme and then wishes to re-register, they would need to register a new application which will be assessed based on their new circumstances.
2.6 Requests to transfer to another home
Applicants who already rent from the Council can register to move and will have their housing application considered in line with the Council’s Tenancy Management Policy.
2.7 Applications from employees/members and their close relatives
Applications can be accepted from Hartlepool Borough Council employees, elected members, and their close relatives, provided they meet the eligibility criteria set out above.
2.8 How to apply and what happens
Applications can be registered online by accessing Hartlepool Home Search or by contacting the Council for an appointment.
Once a completed application is received, we will ask for some documents to prove the applicants identity, address and circumstances. The application will then be assessed and placed in the band that reflects the circumstances of the household. Applicants will be informed of their band and effective date.
See section 3 for how we assess housing need.
2.9 Verification checks
Our checks will include the following:
- A full housing history for the last 5 years.
- We may seek such references and statements from former landlords and mortgage providers.
- Proof of residency.
- Evidence of immigration status and Right to Rent (if applicable).
- Proof of joint custody (if applicable).
- Proof of pregnancy to show the need for an extra bedroom (if applicable).
- Proof of fostering or adopting status (if applicable).
- Proof that members of the household cannot share a bedroom for medical reasons (if applicable).
- Proof of an overnight carer from outside the household (if applicable).
- Proof of child in need or care leaver status (if applicable).
2.10 Changes in circumstances
It is the responsibility of the applicant (or their advocate) to tell us about any change in circumstances that could affect their application.
2.11 Keeping the Register up to date
Applicants with a priority for housing will be reviewed regularly to ensure they are not having difficulties with the scheme and to check that they are applying for suitable properties.
Applicants who have not placed any bids in a 9 month period will be contacted to see if they still want to be considered for housing.
Failure to respond to a review may result in closure of the application due to lost contact.
2.12 Cancelling applications
Applications will be cancelled in the following circumstances:
- A request has been received from the applicant (or their named advocate);
- There is no activity in a 9 month period and no response received;
- The applicant is deceased and s/he was the sole applicant;
- The applicant has bought their property through Right to Buy or Right to Acquire subsequent to applying for rehousing;
- An applicant has been assessed as non-qualifying
- It is discovered that the applicant has given false or misleading information in their application; or
- There has been no response to correspondence sent to them.
Applicants will be given the reason why their application has been cancelled and informed of their right to request a review of the decision.
2.13 Giving false information or deliberately withholding information
It is a criminal offence for anyone applying for housing from a housing authority to knowingly or recklessly give false information or knowingly withhold information which is relevant to their housing application (Section 171 of the Housing Act 1996).
The Council will consider taking action against a professional organisation that provides false information or deliberately withholds information on behalf of an applicant they are representing.
Applicants who are found to have given false or misleading information will be made non-qualifying.
2.14 Deliberate worsening of circumstances
Any applicant who deliberately worsens their housing circumstances, will have any priority removed and will be placed into Band 4 for a 12 month period.
Examples of worsening circumstances may include:
- Giving up a tenancy/secure housing for no good reason;
- Moving from a property that has been adapted for the needs of someone in the household to a property that does not have the required adaptations;
- Deliberately overcrowding a family home through a previous family member moving back in; and
- Moving into a property that is too small or large to meet the needs of the household.
Please note – the above list is not exhaustive.
The applicant can ask for a reassessment of their band but would be responsible for providing evidence to support this.
2.15 Notifications about decisions and the right to a statutory review of a decision
Applicants have the following rights about decisions made about their housing application:
- The right to be notified in writing of any decision not to be registered on the waiting list;
- The right, on request, to be informed of a decision about any information which is being taken into account in considering whether to make an offer of accommodation; and
- The right to request a review of a decision made regarding their application.
A request for a review should be made within 21 days of the date of the notification.
The review will be carried out by an officer who is senior to the person who made the original decision and should be completed within eight weeks. Applicants will be notified in writing of the outcome of the review and the reasons for the decision. Applicants may also be entitled to a further review by the Council and they will be informed where this is the case.