Lettings policy

• 1. Introduction
• 2. Leeds Home Register
• 3. Scope of the lettings policy
• 4. Eligibility for offers of accommodations under Part 6 Housing Act 1996
• 5. Qualification criteria to be a council tenant
• 6. Determining housing needs
• 7. Choice based lettings
• 8. Direct lettings of council accommodation
• 9. Offers of accommodation
• 10. Refusal of an offer
• 11. The right to review
• 12. Role of elected members
• 13. Complaints, compliments and feedback
• 14. Use of discretion in exceptional circumstances

Definitions

The definitions section sets out the meaning of words used in the lettings policy.

Allocation – the letting of a property to a customer on the housing register within Part 6 Housing Act 1996.

Anti-social behaviour – behaviour or conduct causing or likely to cause nuisance, annoyance, harassment, alarm or distress to another person.

Bypass reasons – circumstances where the ‘top ranked’ customer on the shortlist will not be offered the home.

Choice based lettings scheme (CBL) – CBL is a way of giving customers greater choice about where they wish to be rehoused, by enabling them to make expressions of interest in available properties. The CBL scheme is called Leeds Homes.

The council – Leeds City Council; also includes officers of the council and agents or contractors acting on the council’s behalf.

Direct lettings – properties let by making a direct offer without being advertised through Leeds Homes.

Eligibility – the government prescribes who is ‘eligible’ to be allocated a council property, for example, someone who is not subject to immigration control.

Expression of interest – when a customer registers an interest in a particular property advertised through Leeds Homes.

Family member – the definition of family member is generally that set out in the Housing Act 1985, however, specific definitions apply in different sections of this policy.

Fast track – properties re-advertised through Leeds Homes because they have not been let on the first advert.

Household – the applicant’s family and any other people living with them subject to the restrictions on who can be rehoused with an applicant set out in this policy. The council may not rehouse all family members listed to be rehoused on the application, more details are provided below.

Introductory tenancy – an introductory tenancy is a periodic weekly tenancy granted under the Housing Act 1996 which usually lasts for 12 months.

Joint applicant – where someone applies for rehousing as a joint customer.

Joint tenancy – where 2 or more people are tenants of the same property.

Leeds – refers to the Leeds City Council area.

Leeds Homes Register – a register of housing applications reflecting the needs of customers in the Leeds area who need accommodation.

Lettings criteria – which groups of customers would be considered for a particular property, for example, according to bedroom requirements and property type.

Local connection – generally as defined in s199 Housing Act 1996, however, specific definitions apply in different sections of this policy.

Local lettings policies (LLPs) – where a property is let with specific preference criteria, for example, lettings in a particular area may only be made giving preference to customers over a certain age.

Main applicant – where someone applies for rehousing as a sole customer.

Multi Agency Public Protection Agreement (MAPPA) – the statutory framework managing potentially dangerous offenders.

Mutual exchange – an exchange of properties between social housing tenants with the consent of their landlord.

Nomination – the rehousing by a registered provider of a customer in Band A or Band B of the Leeds Homes Register, or a customer eligible for a direct letting.

Qualification criteria – the lettings policy sets out which customer groups qualify to join the housing register, including financial resources, local connection or residence as well as behaviour-related grounds of rent arrears or antisocial behaviour.

Reasonable preference – the Housing Act 1996 (as amended) requires that a local authority gives reasonable preference for categories of customers due to property conditions, medical, social or hardship reasons.

Reduced preference – where the degree of preference given to a customer is reduced based on their behaviour such as rent arrears or anti-social behaviour.

Registered providers – a term used to describe housing associations.

Right to review – customers can request a review of a decision made on their housing application.

Secure tenancy – a secure periodic weekly tenancy granted under the Housing Act 1985.

Succession – where a tenancy is passed on to someone else living at the property, such as a spouse or family member, following the death of the tenant.

Transfers – customers who are currently tenants of a social landlord wanting to be rehoused into another property of that landlord.

1. Introduction

1.1 Introduction to the lettings policy

1.1.1 The lettings policy was agreed by the council’s Executive Board on 12 February 2025 and implemented from Monday 8 September 2025. The policy changes will be implemented on a phased basis, please check for updates at www.leedshomes.org.uk

1.1.2 The lettings policy sets out how:

• the Leeds Homes Register operates
• the council assesses customers’ housing needs
• the council lets its properties, including its statement on offering choice; and
• how the council nominates customers to registered providers

1.1.3 All lettings of council homes, including Belle Isle Tenant Management Organisation (BITMO) and nominations to registered providers will be made in accordance with the lettings policy.

1.1.4 Leeds is one of the largest social landlords in the UK, and the provision of affordable and secure housing contributes to the ambitions and priorities of the Best Council Plan and the Breakthrough Projects. The lettings policy also links to the council’s Tenancy Strategy, Tenancy Policy, Housing Strategy and Homelessness and Rough Sleeping Strategy.

1.2 Legislative and policy framework of the lettings policy

1.2.1 The lettings policy has regard to Housing Act 1996, Localism Act 2011, statutory Code of Guidance on the Allocation of Accommodation and other relevant legislation and government guidance. All references to statutory materials are by way of summary and for convenience only and are not to be used as substitutes for the details within the original. All references to statutory materials or guidance refer to the amended or updated versions of those items as in force at the relevant time any decision is made.

1.2.2 The principles set out in this policy are guidelines and not absolute rules. The policy is supplemented by lettings procedures which provide more detailed guidance to staff on the application of the policy.

1.2.3 The lettings policy is reviewed in light of new legislation, new statutory guidance or new working arrangements within the council. The reviews will be undertaken in accordance with the council’s constitution.

1.3 Information to customers

1.3.1 The council will provide general information so that customers may judge:

(a) how their application is likely to be treated under the scheme and, in particular, whether they are likely to have reasonable preference, and

(b) whether accommodation appropriate to their needs is likely to be made available and, if so, how long it is likely to be before such accommodation becomes available.

1.3.2 Customers will also be able to request information about the facts of the case which are likely to be or have been taken into account in considering whether to allocate housing accommodation to them and to be given information about their right to a review and appropriate guidance on how to request a review.

1.3.3 The lettings policy and information about Leeds Homes is available from the Leeds City Council website www.leeds.gov.uk and at www.leedshomes.org.uk

1.3.4 Information regarding the lettings policy is available free of charge at council housing offices and community hubs.

1.4 Statement on choice

1.4.1 Leeds City Council operates a choice based lettings scheme called Leeds Homes, which allows customers to express their preferences about the area and property they wish to live in. The scheme allows customers to make expressions of interest in advertised council properties, some registered provider properties and some privately rented properties owned by members of the Leeds Rental Standard.

1.4.2 The lettings policy outlines the types of property customers will be considered for, and the circumstances when the council may place expressions of interest in advertised properties on behalf of customers or make a direct offer of accommodation to a customer.

1.5 The aims and objectives of the lettings policy

1.5.1 To ensure the council fulfils its legal requirements in relation to lettings:

• to publish a lettings policy which includes the council’s statement on choice and outlines how the council assesses customers’ housing needs
• to ensure customers in reasonable preference groups are given preference for housing
• to support homelessness prevention and minimise the use of, and length of stay in, temporary accommodation and bed and breakfast
• to take account of local needs
• to meet other legislative requirements

1.5.2 To offer customers choice:

• to give customers the opportunity to express their preferences in properties advertised through Leeds Homes
• to maximise choice wherever possible, for example by ensuring the majority of available properties are advertised

1.5.3 To assist customers in the reasonable preference (priority) categories:

• to ensure the majority of council properties are let to customers in the reasonable preference groups
• to assist households with a need to remain in, or move to, a particular locality of the city subject to availability of properties in that area
• to ensure effective use of social housing stock by reducing under-occupation of social housing in Leeds, and reducing voids times by enabling properties to be advertised while on notice
• to increase the supply of properties available to let by advertising lettings by registered providers and private landlords who participate in the Leeds Rental Standard
• to encourage customers to consider a variety of housing options by providing information on alternative options such as mutual exchange or low cost home ownership
• where appropriate, to encourage customers to widen their choices beyond high demand property types and areas, for example, by providing information about likely waiting times and limiting the amount of time customers in housing need will be given preference for advertised properties

1.5.4 To provide an equitable, transparent, efficient and customer focused lettings system:

• to ensure consistency in the letting of council homes by publishing a single citywide lettings policy
• to ensure the lettings process is as transparent as possible, by making lettings in accordance with the lettings policy, offering customers choice, and publishing feedback on the results of lettings
• to offer customers choice in available properties
• to ensure that customers are not discriminated against unjustifiably on the basis of their protected characteristics
• to correct mistakes promptly, and as far as is possible, put customers back in the position they would otherwise have been in
• to offer support to customers who require assistance with rehousing
• to ensure that the lettings service is as streamlined as possible, to achieve value for money for tenants and citizens of Leeds, and
• to review lettings processes regularly in response to customer feedback and to changes in the local housing market

1.5.5 To promote sustainable communities:

• to facilitate regeneration, for example by giving a degree of preference to customers seeking rehousing from clearance areas
• to support good housing management and make best use of social housing
• to operate approved local lettings policies in specific areas
• to contribute to the delivery of other council strategies and priorities
• to assist local people to remain in or move within the city, for example, by introducing local connection and residence requirements to the qualification criteria
• to assist in the creation of sustainable communities by applying the qualification criteria and reduced preference provisions where appropriate.
• to support the culture of ‘Rent First’ in council housing

1.5.6 To enhance mobility of customers within, in and out of Leeds:

• to give preference to customers with a local connection to Leeds
• to promote mobility of council tenants by mutual exchange
• to give effect to the statutory right to move provisions
• to support Armed Forces personnel who do not meet the strict local connection criteria to move to Leeds where appropriate

1.6 Monitoring the lettings policy

The council will monitor the lettings policy by:

• publishing the results of lettings made through the choice based lettings scheme
• monitoring housing applications by equality groups
• monitoring lettings outcomes by equality groups
• monitoring nominations to registered providers

2. Leeds Homes Register

2.1 Partner registered providers

2.1.1 The council maintains its housing register as part of a larger register known as the Leeds Homes Register, which is a common housing register.

As of June 2025 customers can apply for housing with the following social landlords by applying to the Leeds Homes Register:

• Leeds City Council
• 54North Homes
• Accent
• Anchor Housing
• Canopy
• Clarion Housing
• Connect Housing
• Guiness Partnership
• Home Group
• Leeds Federated Housing Association
• Leeds Jewish Housing Association
• Places for People
• Sanctuary Housing
• Together Housing Group
• Unity Housing Association
• Yorkshire Housing
• Your Housing Group

2.1.2 Customers can apply to these landlords using the Leeds Homes application form. 

They have access to data held on all applications, even if a customer has not applied directly to them. By making an application to join the housing register, the customer consents to their information being accessed by all our partner landlords.

2.1.3 Each of our partner landlords has signed an Information Sharing Agreement with the council which requires them to hold all customer information in accordance with data protection legislation and to take all reasonable skill, care and diligence in performing its obligations in relation to the housing register.

2.1.4 The landlords will not disclose confidential information to a third party except where:

• the individual who is the subject of the confidential information has consented to the disclosure;
• the registered provider or the council is required by law to make such disclosures; or
• disclosure is made in accordance with an information sharing protocol

2.1.5 The contract states that this clause will continue in perpetuity despite any termination or expiry of the agreement.

2.1.6 Registered providers with housing stock within the Leeds area are generally expected to let a minimum of 60% of their properties through the housing register as nominations. The following lettings made by registered providers will be considered to be a nomination:

• customers from Band A or Band B of the Leeds Homes Register
• customers from a direct letting category, and
• other groups of customers as agreed with the council

Registered providers may operate their own lettings criteria within the nominations framework.

2.2 Joining the housing register

2.2.1 All customers must complete a housing application to register on the Leeds Homes Register to be considered for a council property or be nominated to a registered provider.

2.2.2 The council will use the information provided on the application to determine the type and size of property the customer requires, and whether a housing need assessment is required.

2.2.3 Normally, the council will only accept applications from customers and any person who normally resides with them as a member of their family, or any other person who might reasonably be expected to reside with them.

2.2.4 The following groups will normally be accepted on an application to be rehoused with the main applicant:

• a joint applicant who is their spouse, civil partner or partner
• adult children who have lived in the parental home for the previous 2 years
• elderly parents or other family members who have a demonstrable need to live with the applicant for support related to disability or health

2.2.5 The council will not generally accept the following on an application to be rehoused with the main applicant:

• adult children who do not live in the parental home on a permanent basis or who have not done for the previous 2 years
• other family members, including siblings, grandparents, aunts, uncles, nephews, nieces and cousins
• friends or lodgers
• anyone else who does not currently live with the main applicant

2.2.6 When deciding who can be added to an application the council will consider factors including ill health or disability, for example, where a family member has a care need that cannot be met elsewhere.

2.2.7 A customer can normally only be registered as a main or joint applicant or a ‘person to be rehoused’ on one active housing application. The main exception to this is where there are shared care or access arrangements for children.

2.2.8 Housing applications from council and registered provider tenants will be accepted, however, where appropriate, tenants will be encouraged to approach their current landlord for assistance in the first instance and consider a mutual exchange.

2.2.9 Any offer of housing made to Leeds City Council staff, Belle Isle Tenant Management Organisation staff or board members, elected members or registered provider staff or board members, will be approved by a senior member of staff. This also applies to relatives and household members of these groups.

2.3 Information held on the housing register

2.3.1 All applications will be held on the Leeds Homes Register, and all housing needs assessments, offers of council accommodation and nominations to registered providers will be recorded on this system.

2.3.2 Customers are expected to keep their housing applications updated with details of any changes in their circumstances which may affect their housing application. Any change of circumstances may result in a reassessment, for example, to the level of priority awarded or the number of bedrooms required.

2.4 Verifying information received on the housing application

2.4.1 Where a housing application is made with insufficient information to enable the council to process it, the application will not be accepted. The date of registration will be the date the completed application with all information provided is received by the council.

2.4.2 The council will verify the information provided on the housing application prior to any offer of accommodation being made. Normally, customers will be asked to provide proof of the following when they apply for housing (this list is not exhaustive):

• composition of the household
• identity of the household members
• 5 year housing history
• tenure type
• local connection
• eligibility
• meeting the qualification criteria to be a council tenant

2.4.3 Once the application is registered the main applicant will receive an acknowledgement informing them of:

• their housing application number
• the size of property to which they are entitled, and
• the housing need band their application has been placed in

2.5 Keeping the housing register up-to-date

2.5.1 The council will update the housing register where appropriate, including:

• when the customer informs us of a change of circumstance
• following periodic reminders
• as a result of receiving no response to contact, for example, to an offer of accommodation, and
• when updating information on the housing register, for example, by removing duplicate applications

2.5.2 The council will cancel a customer’s application from the housing register:

• on the customer’s request
• when the customer does not meet the qualification criteria to be a tenant, or is ineligible by reason of their age (for example, under 16 years old)
• where the customer has more than one application registered or appears as a person to be rehoused on more than one application
• where a reply to any application reminder undertaken by the council is not received
• if any correspondence (such as an offer letter) is returned by the Post Office as undelivered or no reply is received to any electronic communication requiring a response
• when the customer has been rehoused by the council or a registered provider, including part ownership schemes
• where a council tenant’s tenancy ends or they complete a mutual exchange
• where a council tenant completes the purchase of their home through the right to buy, or
• when the council is notified that a customer is deceased, for example, by an executor or personal representative

2.5.3 The council will contact the customer using their last known contact details to inform them their application has been cancelled. In the event of a customer’s death, the council will contact the customer’s executor or personal representative to confirm that the customer has been removed from the housing register.

2.5.4 When a customer with a cancelled application reapplies for housing, the council will reassess the application (including whether they still qualify to join the housing register and any priority award) in light of the customer’s current circumstances.

2.5.5 If a customer’s housing application was cancelled in the last three calendar months and where the customer still qualifies to go on the housing register, the date of their new application will be backdated to that of the original application. Where the housing application was cancelled over 3 months ago, the date of registration will not be backdated unless there are exceptional circumstances.

2.6 False statements and withholding information

2.6.1 It is an offence for anyone to knowingly or recklessly make a statement that is materially false, or to deliberately withhold information which the council reasonably requires them to give or fails to notify the council of changes regarding their housing circumstances.

2.6.2 Leeds City Council takes fraud seriously, including cases of people:

• applying to the council as homeless when they already have somewhere to live
• applying for council housing using false information or identity, or
• subletting or not living at their council property, where this contravenes the tenancy agreement

2.6.3 The council will take legal action against customers who give false information or withhold information regarding their housing application which may include criminal prosecution under the Prevention of Social Housing Fraud Act 2013. If the customer has been allocated a property in these circumstances then the council or other landlord may take court action to evict the customer.

3. Scope of the lettings policy

3.1 Definition of a let

3.1.1 All lettings within Part 6 Housing Act 1996 will be made as:

• an introductory tenancy
• a secure tenancy
• a family intervention tenancy
• a fixed term or flexible tenancy, or
• a nomination to a registered provider

Lettings will be made in accordance with the relevant legislation.

3.1.2 The council will normally grant one of two types of tenancy; ‘introductory’ or ‘secure’. All new tenants will be introductory tenants, unless they have transferred immediately beforehand from another secure or assured tenancy held with Leeds City Council, another local authority or registered provider, subject to any legislation or regulations that provide in the alternative.

3.1.3 Where more than one adult (a customer aged 16 years old or over) applies for housing together, they can apply as joint tenants. Joint tenancies will only be granted where both the main and joint applicants are eligible and qualifying.

3.1.4 The housing register will include customers who may be eligible for:

• service tenancies for employees of the council, for example, school superintendents and park wardens
• non-secure council tenancies created by the Housing Act 1985, or
• accommodation provided at the council’s Gypsy and Travellers site

3.2 Local letting policies

3.2.1 The council may operate local lettings policies to enhance the sustainability of defined communities. Where a local lettings policy operates, preference for offers of accommodation may be given to particular customer groups outside the reasonable preference categories. Local lettings policies will be evidence-based and be approved for particular properties in defined geographic areas following consultation.

3.2.2 Overall, preference for allocations will be given to applicants in the reasonable preference categories and local lettings policies will not discriminate unjustifiably, directly or indirectly, on equality grounds.

3.2.3 All properties subject to a local letting policy will be clearly labelled as such when they are advertised through the choice based lettings scheme.

3.2.4 Local lettings policies must be approved by the council.

3.3 Council tenancies granted outside Part 6 Housing Act

3.3.1 A customer may take over a tenancy outside of Part 6 Housing Act, meaning other than through the council housing register. This includes through succession, assignment, mutual exchange and through tenancy management where a joint tenancy becomes a sole tenancy or a sole tenancy becomes a joint tenancy. Further details are available in the council’s Tenancy Policy.

4. Eligibility for offers of accommodation under Part 6 Housing Act 1996

4.1 Eligible customers

4.1.1 The law states that some customers are not eligible to be considered for rehousing under Part 6 Housing Act 1996.

Eligible customers are those who:

• are aged 16 years old and over
• are not classified as ineligible under section 160ZA (2) or (4) Housing Act 1996, for example, certain persons subject to immigration control or persons from abroad. The law on eligibility is complex and subject to regular change. Staff can advise customers on individual cases, and
• meet the qualification criteria to be a council tenant. Councils can set their own qualification criteria.

4.1.2 Where a customer aged 16 or 17 years old is housed by the council, the tenancy is conditional upon a responsible adult aged 18 years old or over signing the agreement on their behalf as a trustee.

4.1.3 An offer of accommodation under Part 6 Housing Act 1996 will only be made to 16 or 17 year olds if the council is satisfied the customer has adequate support in place to sustain the tenancy. The council may require 16 and 17 year olds to complete pre-tenancy training prior to making an offer.

5. Qualification criteria to be a council tenant

5.1 Qualifying applicants

5.1.1 When an application is registered, or while it remains on the housing register, the council may decide the customer is non-qualifying.

5.1.2 Customers will be treated as meeting the qualification criteria unless subsequently found to be non-qualifying to be a tenant. If the customer does not meet the qualification criteria to be a tenant, their housing application will be cancelled.

5.1.3 Applicants in the reasonable preference groups or homeless acceptances will not be automatically exempt from the need to have residence or local connection to Leeds (unless they also meet one of the exemption criteria below) but will be given advice and assistance on how to secure accommodation in non-LCC accommodation. 

Housing Leeds will consider applications from customers with exceptional circumstances who are not exempt from the residence or local connection criteria exemption who will otherwise face undue hardship on a case-by-case basis.

5.2 Residence or local connection criteria

5.2.1 Applicants must have resided in the Leeds authority area for a minimum of 2 years residence at the time of their application.

5.2.2 Time detained in prison, approved premises or hospital in Leeds will not count towards the 2 years residence. The council will consider whether the applicant had previously lived in Leeds in these scenarios.

5.2.3 If applicants have not met the 2 years residence criteria, they must be able to demonstrate a strong local connection to the Leeds area based on close family association (where the family member has been resident in the Leeds area for a period of 5 years) or that they are in employment in Leeds in order to qualify to join the register.

5.2.4 Residence or local connection exemptions

• applicants requiring older people's housing in Leeds (see 5.4.3) (these applicants will only be considered for older people's housing and not general needs housing)
• current LCC and housing association tenants in the Leeds City Council area including tenancy management moves for mutual exchange, tenancy management applications (sole to joint requests), applications from service tenants, use and occupation moves, clearance moves, court orders
• corporate priorities, for example, on request from Social Care to facilitate kinship carers or Leeds’ looked after children placed out of area
• travellers
• customers experiencing domestic abuse or violence, where the Multi Agency Risk Assessment Conference (MARAC) or police or National Witness Mobility Scheme support the move for the person’s safety, or where the applicant is accepted by Leeds City Council as homeless because of domestic abuse.
• applicants who were placed in NASS accommodation in the Leeds area immediately prior to their positive decision or applicants accepted by Leeds City Council under government humanitarian schemes
• current and former members of the regular Armed Forces and in certain circumstances their bereaved spouses or civil partners as well as certain members or former members of the reserve Armed Forces
• social housing tenants in England moving to take up work under the Right to Move regulations

5.3 Financial resources criteria

5.3.1 Applicants must not have financial resources exceeding £60,000 household income per year (exclusive of means-tested benefits and based on the main and joint applicant, or main applicant and their spouse, civil partner or partner), assets exceeding £60,000 or own a residential property that could be sold. 

5.3.2 Where an applicant disposes of an asset that brings them under the financial threshold, the council will consider whether they have deliberately worsened their circumstances and may reduce the degree of preference given for rehousing.

5.3.3 Financial resources exemptions 

• applicants requiring older people's housing in Leeds (see 5.4.3) (these applicants will only be considered for older people's housing and not general needs housing)
• current LCC and housing associations tenants in the Leeds City Council area including tenancy management moves for mutual exchange, tenancy management applications (sole to joint requests), applications from service tenants, use and occupation moves, clearance moves, court orders.
• corporate priorities, for example, on request from Social Care to facilitate kinship carers or Leeds’ looked after children placed out of area
• travellers
• customers experiencing domestic abuse or violence, where the Multi Agency Risk Assessment Conference (MARAC) or police or National Witness Mobility Scheme support the move for the person’s safety
• government exemptions: Armed Forces (members, former members, spouses / partners including former partners), social housing tenants in England moving to take up work under the Right to Move regulations

5.4 Homeowners criteria

5.4.1 Homeowners who are not in housing need will not qualify to join the housing register. This applies where either the main or joint applicant, their spouse, civil partner or partner are a homeowner. 

5.4.2 Homeowners exemption

5.4.3 Applicants who require older people’s housing will be able to remain on the register in Band C but will not be considered for general needs (non-Retirement Life) homes.

5.5 Ineligible customers

5.5.1 Where a customer is ineligible for an allocation of social housing they will not qualify to join the housing register as the main or joint applicant. 

Where an applicant is asked for proof of their eligibility status, for example, at offer stage, and is unable to provide evidence within a given timeframe they will be found ineligible and their application cancelled.

5.6 Fraud criteria

5.6.1 Where an applicant or member of their household has been found guilty of housing application or tenancy-related fraud, including where a tenant has been evicted from social housing for tenancy fraud. The period of non-qualification will be 5 years.

5.7 Unacceptable behaviour

5.7.1 The council will consider whether the customer or a member of their household, should be considered to be non-qualifying on the grounds of unacceptable housing-related behaviour. Some examples of unacceptable behaviour include:

• rent arrears
• anti-social behaviour
• criminal activity or damage to property
• causing nuisance or perpetrating domestic violence or causing serious damage to property

5.7.2 Each case will be considered on its own merits, following an individual assessment of the circumstances. This will include whether there has been any modification in behaviour and whether there are any extenuating circumstances such as vulnerability or safeguarding issues.

5.7.3 The unacceptable behaviour qualification criteria will not normally be applied on the basis of rent arrears alone where the council:

• has assessed the customer as fleeing domestic violence
• has assessed the customer as needing to move urgently due to suffering severe harassment (including racial, sexual or homophobic harassment, or because of their disability or age), or
• has accepted the customer for rehousing under the Witness Protection Scheme

5.7.4 This does not affect the policy of applying the unacceptable behaviour qualification criteria on other grounds, although each case will be considered individually.

5.8 Applying the unacceptable behaviour qualification criteria – general

5.8.1 The decision regarding a customer’s qualification will be made by a senior member of staff.

5.8.2 When the council decides that a customer does not meet the qualification criteria to be a tenant for behaviour reasons, the customer will be notified in writing of the decision and the reasons for it.

5.8.3 The customer may request a review of a decision to find them non-qualifying to be a council tenant.

5.8.4 If the customer considers that they should no longer be regarded as non-qualifying to be a tenant, they have a right to make a fresh application for accommodation (even if they have not requested a review).

5.9 Suitability to be a council tenant – reduced preference for behaviour reasons.

5.9.1 A customer’s behaviour, and that of any household member, will be taken into account when making offers of accommodation. Where the behaviour is not deemed serious enough to justify a decision to treat the customer as non-qualifying, a customer in Band A or Band B may be given less preference in the allocation of a given property than customers in Band B without a record of such behaviour.

5.9.2 Each case will be considered on its own merits, following an individual assessment of the circumstances. This will include whether there has been any modification in behaviour and whether there are any extenuating circumstances such as vulnerability or safeguarding issues.

5.9.3 Customers who have deliberately worsened their circumstances may also have their preference reduced.

5.9.4 Once the council is satisfied that the behaviour has been addressed satisfactorily, the reduction in preference will be removed.

5.9.5 The following groups of customers will not normally have their preference reduced on the basis of rent arrears alone where the council:

• has assessed the customer as fleeing domestic violence
• has assessed the customer as needing to move urgently due to suffering severe harassment (including racial, sexual or homophobic harassment, or because of their disability or age), or
• has accepted the customer for rehousing under the Witness Protection Scheme

5.9.6 This does not affect the policy of reducing preference on other grounds, although each case will be considered individually.

5.9.7 Decisions about reducing a customer’s preference will be made by a senior member of staff.

5.9.8 When the council decides to reduce a customer’s preference, the customer will be notified in writing of the decision and the reasons for it.

5.9.9 The customer may request a review of a decision to reduce their preference.

6. Determining housing needs

6.1 Housing needs bands

6.1.1 Customers will have their household’s housing needs categorised into one of three bands on the Leeds Homes Register to reflect the degree of need: Band A, Band B or Band C.

6.1.2 The Housing Act 1996, as amended, states that when determining priorities under the lettings policy, the council must give reasonable preference to certain categories of people. This currently includes those who:

• are homeless
• the local authority has a duty to accommodate
• are occupying insanitary, overcrowded or unsatisfactory housing conditions
• need to move on medical or welfare grounds, and
• need to move to a particular locality to reduce hardship

6.1.3 The council will normally assess the customer’s housing need based on their usual residence, but where the customer has a legal interest in another property, the council will consider whether the customer could reasonably be expected to move to or return to that property.

6.1.4 The government has issued statutory guidance regarding the rehousing of Armed Forces personnel. In summary, the council must give additional preference for lettings to the following groups, where they have urgent housing needs:

• customers in the regular forces who are suffering from a serious injury, illness or disability which is attributable (wholly or partly) to their service
• customers who formerly served in the HM regular forces
• customers leaving accommodation provided by the Ministry of Defence following the death of their spouse or civil partner who has served in the regular forces and whose death was attributable (wholly or partly) to that service
• customers in HM reserve forces and are suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the applicant’s service

6.1.5 The council will normally prioritise Armed Forces personnel who have a connection to Leeds ahead of those with a connection to another authority. The council may waive the local connection criteria for Armed Forces personnel in certain circumstances, for example, where the customer has links to the Leeds area which fall short of satisfying the statutory definition, or where the customer is unable to demonstrate a connection to any other authority.

6.1.6 The Band A and Band B priority groups are subdivided into one of the following housing need streams:

• homeless
• medical needs
• housing conditions, and
• additional needs – children or general

Examples are given in the table below to assist customers to gauge which band they may be placed within. These examples are indicative, not exhaustive.

6.1.7 Summary of bands on Leeds Homes Register

Band A

This band consists of customers requiring urgent rehousing where the council has a legal duty to consider them for accommodation and the applicant can establish a local connection to Leeds.

1. Homeless

Where Leeds City Council has accepted a duty in accordance with Housing Act 1996, Part 7 as amended.

Example: Statutorily homeless customers, for example, eligible, homeless, in priority need, unintentionally homeless and with a local connection to Leeds. 

For applicants who are eligible to be on the housing register where Leeds City Council has accepted a duty under one of the following sections of Part 7 of the Housing Act 1996 in the circumstances as set out below.

• Section 193(2) - This is known as the main housing duty
• where Section 195(2) is owed to an applicant who has also been assessed to have a priority need for accommodation in accordance with Section 189 of the Housing Act 1996 as amended. This duty is known as the prevention duty
• where Section 189B(2) is owed to an applicant who has also been assessed to have a priority need for accommodation in accordance with Section 189 of the Housing Act 1996 as amended and is not considered to be intentionally homeless. This duty is known as the relief duty

2. Medical

Where the customer or household member’s medical condition is being severely affected or exacerbated by the property they reside in and it is not appropriate or reasonable and practicable to adapt their current home.

Examples include where the customer:

• is unable to return home from hospital or residential care because the property does not meet their medical needs (hospital discharges) and where a move to temporary accommodation would be inappropriate
• requires rehousing to prevent an admission to hospital, residential care or nursing home
• is unable to access any of the facilities in their current property
• has extreme difficulty mobilising within their current property
• has extreme difficulty accessing the property owing to steps or slopes leading to doorways
• requires an adapted property to meet their needs
• requires extra facilities on health grounds, (for example, a bedroom or bathroom)
• requires older person’s housing because of their medical history, vulnerability, being at risk in their current property and requires housing related support
• requires suitable adapted accommodation because of a serious injury, medical condition or disability which he or she, or a member of their household, has sustained as a result of service in the Armed Forces

3. Housing conditions

Where a customer, or their household, needs to move due to the condition of their property.

Examples:

• customers whose property has been approved for clearance by a Resources and Housing decision panel or Council Executive Board decision
• on referral from the council’s Private Sector or Environmental Health service where major works are required to a customer’s property making it uninhabitable, for example, private rented properties where there is no alternative measure to render the property habitable
• on assessment of disrepair by the council where the property is uninhabitable
• households assessed as being statutorily overcrowded
• households with dependent children who are overcrowded by two or more bedrooms according to Leeds City Council’s bedroom standard

4. Additional needs: general

Where a customer, or member of their household, needs to move on welfare or hardship grounds which do not fall into the other streams.

Examples:

• customers requiring rehousing due to their care or support needs where medical priority is not applicable but there is a demonstrable need to move, for example, to give or receive support, or to access specialised medical facilities
• where the council accepts there is a threat to life, extreme violence or harassment or strong evidence from police, National Witness Mobility Scheme, Leeds Social Care or Multi Agency risk Assessment Conference that an urgent move is required because the applicant and their household are not able to remain in their current home
• customers under occupying social housing in Leeds in their current home where the move will achieve best use of social housing stock
• customers living in an adapted property in social housing in Leeds which they do not require where the move will achieve best use of social housing stock
• Leeds City Council service employees and service occupants required to move from tied accommodation, for example, due to retirement

5. Additional needs: children

Where a move is required because of the needs of a child in the household, on welfare or hardship grounds which do not fall into the other streams.

Examples:

• Leeds City Council corporate parent duty, for example, care leavers
• to facilitate fostering or adoption arrangements on referral from Children’s Services

Band B

This band consists of those customers in non-urgent need that the council has a legal duty to consider for rehousing and the applicant can establish a local connection to Leeds.

1. Homeless

All categories of homeless people who are not statutorily homeless.

Examples:

• not in priority need
• intentionally homeless, or
• with no local connection

For applicants who are eligible to be on the housing register and Leeds City Council has accepted one of the following duties under Part 7 of the Housing Act 1996 ;

• where a duty under Section 195(2) is owed and the applicant is not considered to have a priority need for accommodation in accordance with Section 189 of the Housing Act 1996
• where a duty under Section 189B(2) is owed and the applicant is not considered to have a priority need for accommodation in accordance with Section 189 of the Housing Act 1996
• where a duty under Section 190 is owed to the applicant. This is for households who are eligible, homeless, have a priority need but are intentionally homeless

2. Medical

Where the customer or household member is experiencing difficulties in the property they reside in, and it is not appropriate or reasonable and practicable to adapt their current home.

Examples include where the customer:

• has difficulty negotiating stairs in the property
• has difficulty accessing the property owing to steps or slopes leading to doorways
• needs to move because the property is having a detrimental effect on their physical or mental well-being which could lead to a deterioration in their medical condition
• requires the facilities of older person’s housing on age or individual needs for housing related support
• has a medical need for improved heating which cannot be secured in the current property

3. Housing conditions

Where a customer needs to move due to the condition of their property.

Examples:

• households with dependent children who are overcrowded by one bedroom according to Leeds City Council’s bedroom standard
• households without dependent children who are overcrowded by two bedrooms according to Leeds City Council’s bedroom standard
• customers lacking essential services, for example, no inside WC, no cold running water, or no utility connections to heat the house, which cannot be rectified

4. Additional needs: general

Where a customer, or member of their household, needs to move on welfare or hardship grounds which do not fall into the other streams.

Examples:

• customers requiring rehousing to recover from the effects or threats of violence or physical, emotional or sexual abuse
• where medical priority is not applicable but there is a demonstrable need to move, for example, to give or receive support, or to access specialised medical facilities
• customers who need to move to take up particular employment or training opportunities
• where a need to move is agreed by Housing in conjunction with police or Social Care, for example, to assist in the delivery of a care plan
• where a need to move to prevent homelessness is agreed by Housing as part of the customer’s Personal Housing Plan under the Homelessness Reduction Act

5. Additional needs: children

Where a customer needs to move because of the needs of a child in the household on welfare or hardship grounds which do not fall into the other streams.

6. Reduced preference

Customers in Band A or Band B where preference is reduced will be considered for offers after other customers in Band A and Band B.

Band C

This band consists of customers who can demonstrate a local connection to Leeds and:

• have no assessed housing need
• whose priority award (Band A or Band B) has expired
• whose priority award (Band A or Band B) has been removed after they refused a reasonable offer of accommodation or are applicants who do not meet the qualification criteria but who fall into an exempt category, for example a homeowner who requires older people’s housing in Leeds

Band D

This band consists of all other customers including customers who:

• cannot demonstrate a local connection to Leeds (the exception will be homeless customers without a local connection who will be placed in Band B)
• are homeowners or
• are ineligible for an offer of council accommodation due to their immigration status

Band D will be phased out as part of the implementation of the February 2025 changes to the lettings policy.

6.1.8 A customer’s housing need may be reassessed at any point during the lifespan of their application, for example, following a change of circumstances.

6.1.9 The council will assess the composite needs of the household.

6.1.10 In certain circumstances, the council will recognise cumulative need where a household has more than one distinct assessed housing need arising from two or more distinct sets of circumstances which gives them Band A priority for two or more distinct causal reasons. This need is termed Band A+. Where this is the case, such customers will be considered as in greater need than other customers in Band A.

• An example would be when a family with dependent children are overcrowded by two or more bedrooms and ALSO have a separate Band A medical need to move as they need adaptations that cannot be done to their current home. They may be awarded Band A plus.

Where a family have a Band A medical need to move and this medical need means that they have also been assessed as being owed a homeless duty that gives then a Band A need then they will NOT be eligible for a Band A plus award as the two Band A needs arise from the same set of circumstances. In certain circumstances, a household with two or more distinct assessed need which falls in Band B for two or more distinct causal reasons may be considered for an award of Band A on the basis of the cumulative needs.

6.1.11 Deliberate worsening of circumstances and reduced preference

Customers who have deliberately and knowingly made their housing situation worse in order to achieve a higher housing needs band than the one in which they would otherwise have been placed, and acted unreasonably in doing this, will be subject to reduced preference and will only be considered for offers after other customers in Band A and Band B. These customers will not generally be considered for a direct offer of accommodation. This can apply to acts or omissions on the customer’s part or by a member of their household. The decision to reduce preference will be reviewed on a change in circumstances. An example of deliberately worsening circumstances could include people giving up secure accommodation to move in with another household in order to become overcrowded or disposing of assets to bring them under the thresholds set out in the qualification criteria.

6.1.12 Date of priority awards

An award of Band A or Band B will normally be made from the date the housing needs assessment is completed. Cumulative priority awards will be dated from the date the customer was assessed as being in cumulative need.

The exceptions to this are:

• Armed Forces personnel leaving the services, who will have their priority award backdated to the date of their Cessation of Occupation Certificate
• care leavers (where the council has an ongoing duty) – on their initial approach for housing, priority will be backdated to the care leaver’s 16th birthday
• regeneration moves (clearance / redevelopment) – the priority will be backdated to the date of the relevant Leeds City Council delegated decision powers or Executive Board decision on clearance
• service tenants for Leeds City Council – in cases of retirement, redundancy or redeployment the priority may be backdated to six months prior to their retirement, redundancy or redeployment date
• when customers move between bands, they will retain their earlier date of registration, for example, Band A to Band C

6.2 Regeneration moves (clearance or redevelopment) and award of Band A: Housing Conditions

Where a customer’s property is scheduled for demolition or purchase under a Communities, Housing and Environment delegated decision or Leeds City Council Executive Board decision, the council will award affected customers Band A: Housing Conditions and encourage customers to make expressions of interest in properties advertised through Leeds Homes. Customers will also be considered for a direct offer of accommodation made by a direct letting. Customers’ housing needs will be assessed based on their circumstances at the current time.

6.2.1 Timing of the priority award:

• the decision on when to award Band A will be taken by the council Housing Office undertaking clearance, the office where the affected customer lives, or by the relevant council regeneration team
• customers in different phases of a clearance scheme may be awarded priority at different times, depending on when their property is scheduled for clearance. This will allow customers moving from clearance areas to be rehoused in the order their property is due to be demolished
• priority will be awarded to homeowners once an agreement to purchase has been received by the council
• priority will be awarded to private tenants once an agreement to purchase the property from the owner of the property has been approved by the council. Customers who take up a tenancy of that property after the owner has agreed to sell will not usually be eligible for an award of Band A – Housing Conditions, but will be considered in line with the general lettings policy

6.2.2 Separate applications:

• a separate application for housing may be accepted from family members, for example, where grown up children wish to be rehoused separately from their parents. Non-tenant household members will be expected to demonstrate they lived at the address as their principal home in the period before the clearance decision was made, and they must vacate the property before the tenant. Only one Home Loss Grant is payable in these circumstances.

6.2.3 Ring fencing:

• the council may ring fence areas to give preference to customers moving from a designated clearance area

6.2.4 Bedroom requirements:

• customers moving from clearance areas will generally be made an offer of a property based on their assessed housing needs (for example, bedroom requirements) unless there are exceptional circumstances. In ring fenced areas, offers may be made outside the normal assessed bedroom requirements in exceptional circumstances.

6.2.5 Temporary arrangements:

• where a customer with a clearance priority has not been rehoused by the time their property is due to be demolished (or acquired for purchase) and they find their own temporary accommodation (for example, moving in with relatives on a short term basis), they will normally only be able to retain their priority for 6 months after they move to the temporary address. If they make a subsequent application for housing after this time, their needs will be assessed in accordance with the lettings policy

6.3 Length of time in a priority band

Customers in Band A and Band B will normally be given 365 days preference on the Leeds Homes Register for rehousing through the choice based lettings scheme, called ‘priority limit’. If the customer is unsuccessful in obtaining a property during the priority period then they will lose their priority preference, and be placed in Band C.

6.4 Priority limit deferral

The award of a priority to customers who are not ready to move may be deferred temporarily.

6.5 Priority limit extension

6.5.1 Customers may request an extension of their priority award. All requests for extensions of priority will be considered, but not requests made within the 11 months of the priority period.

6.5.2 Decisions on whether to extend the priority award will take into account the following (this list is not exhaustive):

• whether there has been a change in the customer’s circumstances since the priority was awarded
• whether the customer has been making appropriate expressions of interest in advertised properties
• whether the customer has any particular support needs relating to their rehousing
• the number of suitable properties advertised during the priority limit time
• the level of demand for suitable properties
• the customer’s position for properties they have expressed interest in through the choice based lettings scheme, and
• whether the customer has completed reasonable actions required by them as part of their Personal Housing Plan under the Homelessness Reduction Act

6.5.3 Customers will receive notification of whether the extension has been permitted and length of the extension, which will generally be for a further 365 days. Customers have the right to request a review of a decision not to extend their priority.

6.6 Bedroom requirements

6.6.1 The council will ensure that customers are considered for accommodation appropriate to the needs and size of their household. The council will assess the number of bedrooms required based upon the number of people to be rehoused, and the ages and gender of any children.

6.6.2 A separate bedroom ought to be available based upon the council’s standard for:

• each adult (age 16 years or over), except when living together as partners, and
• 2 children, unless they are not the same gender and one is 10 years or over. In this case separate bedrooms should be available

This list is not exhaustive.

Normally, no more than two people should share a bedroom.

6.6.3 On receipt of proof of pregnancy (a doctor’s or midwife’s letter or MAT B1 form), the unborn child will be included in the bedroom calculation. For the purposes of the bedroom calculation, the unborn child is assumed to be able to share with another child in the household. Customers will be expected to provide further proofs such as a birth certificate to retain any extra bedroom allowance.

6.6.4 Circumstances may arise where the council may consider awarding an additional room, for example:

• where a customer can evidence the need for a carer to live with them or equipment or adaptations which require more space
• where a customer requires more space due to a medical condition
• to allow an adaptable property to be adapted, for example, to enable a through floor lift to be fitted
• on request from Children’s Services or a council-approved Occupational Therapist, for example, to enable a foster placement to continue

6.6.5 In exceptional circumstances the council may permit customers to under occupy or over occupy a property (if the customer elects to do so).

6.6.6 In exceptional circumstances a customer may be considered for a range of property sizes in order to maximise their opportunity of securing suitable rehousing.

6.6.7 The council will make a decision about which parent or guardian it deems has the primary care of the child. This will be based on the individual merits of each case taking into account receipt of child benefit, court orders, percentage of time spent caring for the children, the regularity and permanence of the arrangement, and whether the council already provides accommodation for the primary carer.

6.6.8 Where a customer does not have primary care of dependent children, but shares care, either as a result of a court order or an informal arrangement, the council will consider the size and type of accommodation that is appropriate to either parent or guardian on a case by case basis.

6.6.9 Where a customer has access to children, they will normally be assessed as requiring one additional bedroom but will not normally be considered as having a need for a house or maisonette under paragraph 6.7.4 below. 

6.7 Property type

6.7.1 The council will allocate different property types to certain groups of customers.

6.7.2 Adapted properties will normally be offered to customers requiring the adaptations, as assessed by a council-approved occupational therapist. The council may advertise accessible ground floor flats which are capable of being adapted and other adaptable properties to give preference to disabled customers.

6.7.3 Non-Retirement LIFE bungalows will normally be offered to customers age 60 years old and over, or to disabled customers with an appropriate housing recommendation.

6.7.4 Houses and maisonettes with two or more bedrooms will normally be allocated to households with primary care of dependent children ahead of households made up of parents or guardians with access to children or households made up of adults only. Parents without primary care will normally be considered for an offer of a flat. Customers without primary care of dependent children but with a household member who has an appropriate medical recommendation for a house or maisonette from the council will also be considered for offers of houses and maisonettes (where the property is reasonably and practicably capable of being adapted to their needs).

6.7.5 Applicants for older people’s housing will qualify for certain types of properties depending on their circumstances.

Retirement LIFE homes support healthy later living, and benefit from a visiting support officer, Monday to Friday.

Retirement LIFE homes are for customers who are age 60 years old and over or have a medical recommendation, with either a current and/or future ability to utilise the support service.

Rehousing other household members in of Retirement LIFE accommodation:

• where the spouse, civil partner or partner of an applicant who meets the above criteria is under 60 themselves, they may be rehoused with the main applicant but not as a joint tenant
• applicants with other household members aged between 16 and 59 years old will normally only be considered for self-contained, dispersed accommodation but not complexes with communal areas
• applicants with dependent children under 16 years old are not eligible for of Retirement LIFE housing, and will be expected to apply for family accommodation

6.7.6 Extra Care

Lettings to our Extra Care homes will be made to applicants who:

• typically and predominantly are aged 55 years or above
• have demonstrable housing and care needs (either current or projected)
• have a current or recognised future eligible need as assessed by Adult Social Care under the Care Act (2014) and as defined by the national eligibility threshold via a Community Care Assessment that is undertaken by Adult Social Care Social Work Team
• have been assessed by the Leeds Extra Care Allocations Panel as requiring extra care facilities in Leeds

6.7.7 Offers of high rise accommodation will be based on the block’s designation, for example, as a family friendly block. High rise properties will not normally be allocated to customers aged 16 or 17 years old.

6.7.8 Properties suitable for customers with pets

Customers require written permission to keep a pet in a council home. There are some property types where permission to keep a pet will not be given, the council’s Pets Policy contains further details.

7. Choice based lettings

7.1 Leeds Homes

7.1.1 Under the Leeds Homes choice based lettings scheme, available council and some registered providers and Leeds Rental Standard properties are advertised at www.leedshomes.org.uk.

7.1.2 Customers need to make expressions of interest in or ‘bid’ for properties, rather than wait to be allocated a property by the council. Support is available for customers who require assistance with rehousing.

7.1.3 Available properties are currently advertised for 7 days and may be added to the Leeds Homes website any day between Monday to Friday. On some bank holidays, such as Christmas, the advertising period may last longer than a week.

7.1.4 In the event of a failure of the Leeds Homes website the council may decide to allocate available homes through direct offers. This decision will be taken by the Chief Officer for Housing.

7.2 Advertising criteria

7.2.1 The property advert will stipulate the lettings criteria for the property, for example, in terms of bedroom requirements. Customers whose assessed housing needs do not meet the lettings criteria may not be able to bid for or be considered for the property.

7.2.2 The council may advertise a property as a sensitive let, meaning the council will undertake enhanced checks on prospective tenants, for example, to ensure the letting is made to a customer without a record of antisocial behaviour. Examples of where this may occur include where the previous council tenant has been evicted for antisocial behaviour or where the tenant has given notice following the council issuing possession proceedings based on antisocial behaviour.

7.2.3 Registered providers who advertise available properties through Leeds Homes use their own lettings criteria to decide which customer to offer the property to. These may be different to the Leeds City Council criteria.

7.2.4 Members of the Leeds Rental Standard who advertise properties through Leeds Homes use their own criteria to assess bedroom requirements, to select the successful applicant and will not necessarily select the customer with the highest priority.

7.2.5 Properties are advertised through Leeds Homes to be let on a housing need basis according to the priority band of the customer.

7.2.6 The council may suspend the choice based lettings scheme in the event of an emergency situation arising (for example, widespread flooding or a pandemic) which requires the service to make direct offers of accommodation and not advertise properties.

7.2.7 All council properties that are not let on the first advertisement will be re-advertised as ‘Fast track’ properties. Fast track properties may be added to the Leeds Homes website on any day of the week and will normally be advertised for at least one day. 

7.3 Making expressions of interest or ‘bidding’

7.3.1 Customers can make up to 3 expressions of interest in council properties and 3 in registered provider properties each week (up to 6 in total).

7.3.2 The council may place expressions of interest on suitable properties on behalf of customers in Band A or Band B. If the customer subsequently tops a property shortlist and the offer is deemed to be reasonable and suitable, they will be offered the property.

This may be where the customer requires support with bidding, or where a customer is considered to be bidding unrealistically where, given their band or date of registration, they have little realistic chance of success. Where possible, officers will discuss the issue with the customer, their advocate or support agency, to advise the customer of what sort of bids would be realistic, and what the consequences of continuing to bid unrealistically (or failing to bid) are, before deciding to place expressions of interest on the customer’s behalf.

7.3.3 Supported bids may be made as either:

• auto-bids where bids are matched by the IT system and placed towards the end of the bidding cycle, or
• administration bids where bids are made by staff manually and cannot be withdrawn by the applicant

7.4 Shortlisting

7.4.1 At the end of the advertising period, expressions of interest in council properties will be ranked according to the lettings policy criteria, and the offer made to the highest ranked qualifying and eligible customer. If the top ranked customer refuses the offer, the property will be offered to the second ranked customer, and so on, until the property is let.

7.4.2 A shortlist of matching customers who have placed bids on the advertised property will be drawn up at the close of the bidding cycle and offers of accommodation will be based on this list.

7.4.3 Council properties will normally be offered to the customer in the highest housing need to make an expression of interest in the property. This will generally be in order of:

• housing need band: Band A, Band B then Band C
• date of priority award (if relevant)
• date of registration of their membership

7.4.4 Offers of fast track properties will normally be made to the customer in the highest housing need who meets the lettings criteria but offers may be made outside this order.

7.4.5 In all cases the council will seek to make the offer to the customer meeting the lettings criteria stated in the property advert, for example, meeting the requirements for a particular property type or a local lettings policy, and based on the most appropriate use of the home to let, for example, based upon ‘best fit’ for the number of children in the home.

7.4.6 The council may require prospective applicants to complete pre-tenancy training prior to making an offer of accommodation or undertake a home visit to ensure the applicant has maintained their current tenancy to a good standard.

7.5 Feedback on lettings outcomes

7.5.1 Feedback on council homes that have been let will normally be published on the Leeds Homes website, including the successful customer’s priority band and date of priority or registration.

8. Direct lettings of council accommodation

8.1 The majority of available council properties will be advertised through the choice based lettings scheme. However, there are circumstances where a property may be allocated outside the choice based lettings scheme by a direct letting.

8.2 Direct lettings will only be made to customers assessed as being eligible for a direct offer.

8.3 Council properties let through direct lettings will not be advertised through Leeds Homes.

8.4 Customers who are eligible for a direct letting will normally be made one reasonable offer suitable to their household’s housing needs. The direct let categories below set out the circumstances when someone may be eligible for a direct let award.

8.5 Where possible the offer will take into account customers’ preferences, for example, property type and area. In some circumstances this will not be possible, for example in areas where demand for social housing is high and available properties are in short supply.

The decision to award a direct let will take account of whether the applicant is likely to be offered accommodation in their preferred area, based on the stock turnover in that area.

8.6 Where the council has a duty to secure accommodation for a statutorily homeless customer, they will be considered for a direct offer of accommodation at the point the duty arises.

The length of time to make a direct let, including final offers to discharge the council’s duty to statutorily homeless customers, will depend on the availability of a suitable property. The final offer may be made by a direct letting or through Leeds Homes, including by an automated or administration bid, regardless of whether their priority has been extended.

8.7 Direct lettings will generally be made in the date order customers were assessed as being eligible for a direct letting. For statutorily homeless customers, this will generally be the date their homeless priority was awarded.

8.8 However, in some circumstances offers will be made outside this order, for example, to meet an approved corporate objective as listed below (including new corporate objectives approved as provided below) or in an emergency situation.

8.9 Direct letting categories

The table lists the direct lettings categories for council properties with illustrative examples of the circumstances in which a customer will qualify for a direct letting.

Legal duties

Clearance

To make a final offer where demolition or substantial refurbishment of properties in Leeds has been approved by a Communities, Housing and Environment decision panel or Executive Board decision, requiring the customer and their household to move on a permanent basis.

Court order

Where Leeds City Council is obliged by a court order to provide accommodation.

Statutory homeless

To make a final offer to discharge homelessness duty under section 193(2) Housing Act 1996 to qualifying households.

Statutory overcrowding

Where a customer in Leeds is statutorily overcrowded (in accordance with s326 1985 Housing Act).

Service tenants

To make a final offer where Leeds City Council needs to move an employee or former employee from tied accommodation for reasons other than dismissal.

Approved corporate objectives

Armed Forces

To make an offer of accommodation to former members of the regular Armed Forces, as defined in section 374 of the Armed Forces Act 2006(b). The customer must have a local connection to Leeds and be in assessed housing need.

Corporate contracts

Where required in accordance with Leeds City Council contractual duty.

Corporate emergencies

Where accommodation is requested by Leeds City Council’s Resilience and Emergencies Team as a result of a fire, flood or other major incident.

Corporate parent

Where accommodation is required to enable Leeds City Council to fulfil its corporate parent duty.

Family Intervention Project (FIP)

Where a customer is accepted onto the Leeds FIP scheme and requires housing to enable the support package to commence.

Hospital discharge

Where a customer ordinarily resident in Leeds is discharged from a hospital or step-down facility and requires accommodation to prevent delayed discharge under Community Care (Delayed Discharges) Act.

Multi Agency Hate Crime Group

Where a customer ordinarily resident in Leeds is assessed by a Leeds Area Multi Agency Hate Crime Group as requiring rehousing urgently.

Multi Agency Public Protection Agreement

Where a customer ordinarily resident in Leeds has been assessed as requiring housing as a result of a Leeds MAPPA meeting.

Multi Agency Risk Assessment (MARAC)

Where a customer is assessed by a Leeds Multi Agency Risk Assessment meeting as requiring housing.

New corporate objectives

Where a corporate objective is approved by Leeds City Council’s Executive Board or delegated decision powers.

Safeguarding

Where accommodation is required to enable Leeds City Council to fulfil its safeguarding duties.

Witness Protection Scheme

Where a referral is accepted by Leeds from a police authority or Leeds City Council Anti-Social Behaviour Team as part of the National Witness Mobility Scheme.

Extraordinary Homeless Accommodation Pressures

Where a customer is in temporary accommodation when justified by extraordinary pressures on the Council considered on a case by case basis.

Lettings of specific property types

Adapted or adaptable property

Where the customer ordinarily resident in Leeds has been assessed by the council as requiring a significantly adapted or adaptable property.

Extra care scheme

Where the customer has been assessed by the Leeds Extra Care Allocations Panel as requiring extra care facilities in Leeds.

Management purposes

Management move

In order to make the best use of Leeds City Council’s housing stock, for example, to reduce under occupation.

Tenancy management

To allow a Leeds City Council joint tenancy to be granted from a sole tenancy and vice versa, in accordance with the council’s Tenancy Policy.

9. Offers of accommodation

9.1 General

9.1.1 Offers of council accommodation are made on the basis of the information on the customer’s housing application and in any housing needs assessment. It is the customer’s responsibility to inform the council of any changes in their housing circumstances that may impact their housing need.

9.1.2 Customers will only be made one offer of accommodation at a time. Once they have been made an offer they will not normally be considered for other properties.

9.1.3 The council may withdraw an offer of accommodation, for example, with the customer’s agreement, or where there is a change in the customer’s circumstances which affects their application, where it is found that information provided in the housing application was incorrect or circumstances have changed or where the circumstances of the property change.

9.1.4 Prior to making a formal offer of accommodation, the council may request proof of identification, eligibility or qualification. Customers will be contacted and asked to provide supporting evidence within a reasonable timescale.

9.1.5 At the time of signing their tenancy agreement the main and joint tenants will be expected to provide proof of their identity, such as:

• recognised photographic identification for example a passport, photographic driving licence
• a photograph of themselves, or
• have their photograph taken by the lettings staff

Photographs will only be taken with the customer’s consent, but if refused the reason for refusal will be noted and countersigned by the tenant.

9.2 Offer bypass reasons

For all offers of accommodation there are exceptions to the general order of making lettings. In certain circumstances the ‘top ranked’ customer on the shortlist will not be offered the property. The circumstances where a customer may be bypassed are outlined in the table below:

9.2.1 Adapted property

Used to enable an adapted property to be offered to the highest ranked customer on the shortlist who requires the adaptations as assessed by a council-approved occupational therapist.

9.2.2 Administrative reasons

This enables the offer to be made to the customer who has held the highest priority for the longest time or longest date of registration, should the CBL shortlist not be generated in the correct order. Also used at the pre-offer refusal stage, where a customer refuses the property prior to formal offer being made.

9.2.3 Area specific

Used to bypass a customer in order to make a sensitive letting. Examples include:

• where a customer who has previously experienced antisocial behaviour or harassment tops a shortlist for a property or area where the previous tenant moved due to harassment
• where a customer needs to avoid a particular locality, and be rehoused in a different area, for example, a customer who has successfully completed a drug treatment programme who tops a shortlist could be bypassed if there is evidence of a large proportion of other users or drug dealing in the area
• where a customer who has previously experienced severe harassment tops a shortlist where there are known issues of antisocial behaviour in the vicinity which would impact on their tenancy
• where a customer who tops a shortlist for a property in an area they, or a member of their household, is prevented from entering due to the conditions of an Anti-Social Behaviour Order, injunction or bail, or where other legal restrictions apply
• where a customer who tops a shortlist if the letting would result in: - a known perpetrator of domestic abuse, racial abuse, other hate crimes or serious offences being rehoused within the vicinity of the victim of the violence, or other potentially vulnerable residents.
• a customer who has perpetrated anti-social behaviour or criminal offences being rehoused in the same area as the behaviour took place, even if the customer now meets the qualification criteria to be rehoused

This also includes consideration of other members of the customer’s household.

9.2.4 Best use of stock

Used to enable the offer of a 2+ bedroom house to be made to a customer with primary care of dependent children ahead of other customers (other than households with a disabled household member where the property would meet their assessed needs in terms of their medical housing recommendation). This bypass does not apply where the household has primary care of a dependent child and part time access to another child.

9.2.5 Change in customer’s circumstances or new information available.

Used where there has been a change in the customer’s circumstances or new information has become available that affects their position on the shortlist or if they become non-qualifying or it is found they are non-qualifying at offer stage.

9.2.6 Good tenancy record and home visit

Used to bypass customers who are not able to demonstrate a good tenancy record, or who have not attended pre-tenancy training. This includes council tenants who are in no assessed housing need (Band C) who will only be considered for a move provided the council is satisfied they have adhered to their tenancy agreement and kept their property in an acceptable condition.

9.2.7 Ineligible for part 6 allocation

Used to bypass a customer who is ineligible for a Part 6 allocation but is registered on the common Leeds Homes Register for registered provider properties, for example, due to immigration status or failing the habitual residence test.

9.2.8 Local lettings policy

Used to bypass a customer who is not given preference under an approved local lettings policy.

9.2.9 Medical recommendation

Used to bypass a customer who has a medical housing recommendation where the property they made an expression of interest in is not suitable for their assessed needs and is not capable of being adapted (using the ‘reasonable and practicable’ test).

9.2.10 Multi Agency Public Protection

Used to bypass high risk offenders (sexual offenders, violent offenders and other offenders likely pose a risk of serious harm) if:

• they would be rehoused near their victims or known associates
• they would be rehoused in an area or property type considered unsuitable by the Multi Agency Public Protection panel, or
• the letting would breach their bail or licence conditions

9.2.11 Offer pending from registered provider or Leeds City Council

Used where a registered provider or Leeds City Council has already made the customer an offer of accommodation which is currently pending, to ensure the customer only has one offer of accommodation at a time.

9.2.12 Proofs not provided in timescale

Used where a customer has failed to provide proofs, for example, of their eligibility or local connection, within the deadline given.

9.2.13 Reduced preference

Used to bypass a customer with reduced preference due to their behaviour.

9.2.14 Refused offer

Where the customer has already refused the offer of the property but their application remains on the computer shortlist.

9.2.15 Related to reasons for priority award

Used to bypass a customer who has been awarded priority, and the property they have topped the shortlist for is either of a type or in an area which would not achieve the outcome intended by the priority award, for example, a customer awarded priority to move to a specific area of the city to give or receive support, but would tops a shortlist for a property in another area of the city.

9.2.16 Ring fence clearance preference

Used where a property is advertised under a ring fence logo giving preference to customers with a clearance priority, Band A: Housing conditions.

9.2.17 Sensitive let

Used where the property has been advertised as a sensitive let, where the top ranked customer does not meet the enhanced checks for antisocial behaviour.

9.2.18 Support package

Used where a 16 or 17 year old customer has no trustee or has not been assessed by Children’s Services, or where, after completing a support needs assessment, the council believes the customer requires a support package but one cannot be obtained by the date the tenancy would be anticipated to begin.

9.2.19 Suspected fraudulent application under investigation

Used where there is a reasonable belief that the application is fraudulent and is under further investigation.

9.2.20 Unable to take up offer

Used where the customer or members of their household are not able to take up an offer of accommodation within a reasonable time period, or where the customer is unable to afford the full rent.

10. Refusal of an offer

10.1 When a customer refuses an offer of accommodation the council will consider whether the refusal was reasonable.

10.2 Every decision will be made on a case by case basis, however, the council will take into account the following factors:

• property size – based on the customer’s assessed bedroom requirements
• property type – based on the lettings policy criteria, medical housing or council-approved occupational therapist’s recommendation
• property condition – whether the property meets the lettings standard, or will meet it following repairs
• whether the property has the potential to meet a disabled customer’s needs following adaptation. This will be based on the recommendation of a council-approved occupational therapist
• geographical location of the property – whether the property is within a reasonable travelling distance for employment, support, medical facilities or schools and considering the reason for any priority award
• the demand for and supply of similar properties in the customer’s preferred areas; and
• whether the offer was made as a direct offer, as a result of a supported bid or because the customer made an expression of interest through the choice based lettings scheme in the property they subsequently refused

10.3 Where an offer is made of a suitable property in terms of size, type and condition and geographical location (taking into account demand and supply), the council will generally consider a refusal to be unreasonable.

10.4 If a customer refuses an offer made through a nomination by a registered provider solely because there is no right to buy associated with the property, the council will consider this to be an unreasonable refusal.

10.5 If a customer in Band A or Band B is made a reasonable offer and refuses it then they may lose their priority preference and / or their direct let status, remaining on the housing register in Band C subject to ongoing qualification.

10.6 If a customer in Band C is made a reasonable offer and refuses it then their date of registration may be reset to the date they refused the offer subject to ongoing qualification.

10.7 Where a customer’s priority has been removed due to an unreasonable refusal, any further offers will normally be based on their new priority band, i.e. Band C subject to ongoing qualification.

10.8 Customers have the right to request a review of the decision to remove their priority or change their date of application following the refusal of an offer of accommodation. Statutorily homeless customers have an additional right to request a review of the suitability of the accommodation offered to discharge the council’s duty to them, regardless of whether or not they accept the offer.

10.9 The council will consider that an offer has been refused if it receives no response to the offer within the given timescale or if an offer letter is returned as undelivered. In these cases, the housing application will normally be cancelled.

11. The right to review

11.1 All customers have a statutory right of review on certain Part 6 allocations decisions. This includes decisions:

• about the facts of the case
• that the customer does not meet the qualification criteria, or
• that the customer is ineligible for council housing because of immigration status

11.2 A customer must normally request a review within 28 calendar days of being notified of the decision.

11.3 All notifications to customers of their housing need award will advise them of their right to a review and provide appropriate guidance on how to request a review.

11.4 When a request for a review is made the council will provide the customer with details about the review process, including guidance on how to present information for the review to consider.

11.5 The right to request a review is in addition to the statutory right to review for homelessness decisions (Housing Act 1996, Part 7). Customers must request a review under Part 7 within 21 calendar days of being notified of the decision.

11.6 The review will be held by senior managers who have not been involved in the original decision.

11.7 The council will notify the customer of the review decision in writing within eight weeks of receiving the request for the review (or a longer period if agreed in writing by both parties).

11.8 A customer does not have the right to request a review of a decision reached by an earlier review.

12. Role of elected members

12.1 The Allocation of Housing (Procedure) Regulations 1997 prevent an elected member from being part of a decision-making body (i.e. the housing authority or any sub-committee) or making an allocation at the time the allocation decision is made, when either:

(a) the unit of housing accommodation concerned is situated in their electoral ward, or

(b) the person subject to the decision has their sole or main residence in the member’s electoral ward.

12.2 The regulations do not prevent elected members’ involvement in allocation decisions where the above mentioned circumstances do not apply, nor do they prevent a ward member from seeking or providing information on behalf of their constituents, or from participating in the decision making body’s deliberations prior to its decision.

Elected members remain responsible for determining allocation policies and monitoring their implementation.

13. Complaints, compliments and feedback

13.1 In addition to the review process, the council has a compliments and complaints procedure. Leeds City Council is committed to providing services that are efficient and effective and is committed to equal access for all.

13.2 Information about how to make a compliment or complaint about council services by is available at www.leeds.gov.uk/complaints

14. Use of discretion in exceptional circumstances

14.1 Leeds City Council anticipates that the vast majority of allocations will be made under the rules set out in this policy, however, cases may arise in exceptional circumstances not covered by this policy where the council needs to use its residual discretion.

14.2 Any use of this discretion would only be used in a handful of cases involving exceptional circumstances and will be documented and monitored. The decision to use residual discretion will be made at Chief Officer, Housing level or higher.

The following table sets out the main aspects of the lettings policy and who takes decisions:

(Note – this table may be amended without the need for a full lettings policy review)

Task	Who (LCC / BITMO)
Verifying housing applications	Registrations Team, Leeds Housing Options
Qualification criteria decisions; bedrooms, access to child, property type eligible, local connection	Registrations Team, Leeds Housing Options Lettings Teams (pre-offer checks)
Reduced Preference decisions	Housing Management; Tenancy Team Leaders / Housing Managers
Eligibility decisions	Registrations Team, Leeds Housing Options Lettings Teams (pre-offer checks)
Priority award decisions	Leeds Housing Options Health and Housing (medical) Housing offices (best use of stock / tenancy management-related) Band A+ panel award
Medical Housing recommendations	Health and Housing
Deliberate worsening of circumstances	Leeds Housing Options Health and Housing (medical) Housing offices (best use of stock / tenancy management-related)
Direct let awards	Leeds Housing Options Health and Housing (medical) Housing offices (best use of stock / tenancy management-related)
Priority extension requests	Leeds Housing Options Health and Housing (medical) Housing offices
Making an offer of accommodation	Lettings Team Leader
Bypassing for an offer of accommodation	Lettings Teams
Removal of priority after offer refused	Lettings Team Leader
Review decisions	Review Panel, Leeds Housing Options
Autobidding	Leeds Housing Options, Housing Management Teams
Exceptional circumstances decisions	Chief Officer, Housing