FOI Request - Soicial Housing Regulations
Request 101003808634
1. If your local authority area social landlords/housing associations, please give information on what regulations/guidance is provided for assigning priority for social housing and addressing conflicting priorities
Response 16-07-2025
1. Staff will refer to the Allocations Policy - to be found here: http://www.moray.gov.uk/downloads/file154032.pdf - which sets out how we prioritise applications for housing whilst taking into account applicant preferences and ensuring we make best use of our housing stock. The policy complies with housing legislation that governs the allocation of social housing. This legislation is contained in the Housing (Scotland) Act 1987, as amended by the Housing (Scotland) Act 2001, the Homelessness etc (Scotland) Act 2003 and the Housing (Scotland) Act 2014. This sets out what we must and must not do when allocating our houses. This framework still gives us discretion to develop our Allocations Policy in line with local priorities in certain areas.
In addition to the legislation and Allocations Policy, staff will follow the Social Housing Allocations in Scotland: Practice Guide - to be found here: https://www.gov.scot/publications/social-housing-allocations-scotland-practice-guide/ - and Social housing allocations legal framework: statutory guidance for social landlords - to be found here: https://www.gov.scot/publications/legal-framework-social-housing-allocations-statutory-guidance-social-landlords/ - and internal operational procedures. Below offers a brief summary:
We will assess all applications for housing and will give priority to those in greatest housing need. In line with housing law, we must give ‘reasonable preference’ to the following:
• People who are homeless or threatened with homelessness through no fault of their own and have unmet housing needs;
• Social housing tenants who are under occupying their home; and
• People who are living in unsatisfactory housing conditions and have unmet housing needs.
Our Allocations Policy uses a group plus points system. All applications are assessed and placed in a group and points awarded for a range of circumstances. We have three groups on our housing list:
• Homeless list
• Transfer list
• Waiting list
The housing list is subject to ongoing monitoring and the ratio of allocations from each list is agreed annually by the Housing and Community Safety Committee.
• The position on the Transfer or Waiting List is determined by the number of points awarded to an applicant, on the basis of their current circumstances. There is no maximum level of points that will be awarded to these applicants.
• Applicants on the Homeless List will have no points awarded whilst they remain on this list. Their priority will be determined by the date of the homeless application unless there are exceptional circumstances that merit an urgent offer of accommodation.
For each void (empty) property, staff will produce a short list of people who are looking for that size and type of home in that particular area. This list will include people on the homeless, waiting and transfer lists. For the transfer and waiting list we usually offer the house to the person on the shortlist with the most points. For the homeless list, we will usually offer the house to the person who has been on the list the longest. However, we may not do this in every case. This is because:
• we need to let homes to people from all of the lists to make best use of our housing stock;
• we consider quotas set for each of the lists to allocate properties fairly to people most in housing need;
• we try to take account of anyone who has a particular need to live in that area, perhaps because they work there, or live there already;
• we will consider any exceptional circumstances when we decide the applicant’s position on each list;
• we try to take account of any person who has a clinical condition or disability and needs a certain type of accommodation (for example, if the house has special features, such as a wheelchair access, or does not have stairs); and
• we also look at the applicant preferences. For example, if they have stated that they will only accept a home with gas heating, we will not consider them for a home with electric heating.