Housing and Property
Tel: 0300 123 4566
Email: housing@moray.gov.uk
Offering and Transferring Housing
- Allocations Policy
- Who can apply for a transfer?
- What is the housing list?
- How to apply for a transfer
- Reasons you may be applying for a transfer
- How do you work out my place on the housing list?
- How long will I wait before offered a house?
- How do you decide who to give properties to?
- What happens before you make me an offer of housing
- What if I owe money?
- What if I receive a poor tenancy report from the council?
- What happens if you offer me a property?
- What if I refuse an offer?
- What should I do if my circumstances change?
- Successfully applying for a transfer
- What if I disagree with the decision on my application?
- More information and Contact Details
Allocations Policy
Our allocations policy aims to tackle housing need in Moray. Where possible, we take account of what you would really like as a home. This policy helps us decide who we think is in most need of housing and how to make the best use of the housing we have available. This page briefly explains our allocations policy and the main issues that may affect you, as a council tenant.
Who can apply for a transfer?
A council tenant can apply for a transfer of housing and be placed on the housing list.
What is the housing list?
The housing list includes the transfer list, the homeless priority list and the waiting list
- The transfer list includes people who are already our tenants but who would like to transfer from their current home to another. The transfer list will not include a joint tenant looking for their own accommodation due to:
- a relationship breakdown;
- no longer wanting to share a joint tenancy; or
- a non-secure tenancy.
- The waiting list includes people who are not already our tenants but who would like a council property in Moray.
- The homeless priority list includes people who have been assessed as homeless, in priority need and who are unintentionally homeless (they have become homeless through no fault of their own).
Quotas to guide the number of allocations made to each of the three lists are reviewed annually by the Communities Committee. The current quotas agreed by the Committee on 30 August 2011 are as follows:
- Homeless Priority 50% (+/-5%)
- Waiting 35% (+/-5%)
- Transfer 15% (+/-5%)
How to apply for a transfer
You need to fill in a housing application form. Download one here or get one from your local Council Access Point.
Reasons you may be applying for a transfer
Overcrowding
We will reduce overcrowding in line with the law. You need separate bedrooms for:
- husband and wife or similar partnerships;
- each person aged 16 years or over;
- children aged five years or over of different sex from other children of any age; and
- children of the same sex if there is an age difference of five years or more between them.
There should be no more than two people (of any age) sharing a bedroom.
We will assess your current accommodation on the basis shown above and we will award points for each bedroom that you are short of.
Occasional overcrowding
If you need an extra bedroom because you have children who regularly stay with you overnight, we will ask you for proof (for example, a solicitor's letter or court papers).
Bedroom Size
If you think that any of the rooms you use for sleeping are too small to allow two people to share, you should contact your Council Access Point. They may need to visit your home to confirm this.
Your home is too big for your needs
If your home is too big for your needs, we use the same conditions that we use for overcrowding when deciding if you have too many bedrooms. We will give you points for each bedroom that you don’t need.
Flats or maisonettes
If you have children under 16 years of age and you are staying in a flat or a maisonette where there is shared access within the building, you may get extra points.
Medical assessment
You should apply for a medical assessment if you think that your or a member of your household’s health or disability is being made worse by your current housing situation. An independent medical adviser reviews all of these applications and can award extra medical points.
Change of area
You might be applying for a transfer simply to move to another area.
Areas you prefer
The housing application form asks you to pick letting areas where you would consider living. From the letting areas you have chosen, you are also asked to identify three options you would prefer most. If you will only consider living in particular areas, you should say on your form. If you only want to live in one area or just a few, you may have to wait longer for a property to become available.
How do you work out my place on the housing list?
We award set levels of points for different types of housing circumstances (for example, overcrowding or lack of facilities). The number of points that we give your application will decide your place on the housing list. We may give you points for the following.
| Your Household Circumstances | Number of Points Awarded |
|---|---|
| Your household is homeless | |
| Priority need and unintentionally homeless | We will put your application on the Homeless Priority List. This list is for high priority cases and is not part of the points system |
| No priority need | 100 points |
| Your home is too small for your needs | |
For every bedroom you are short of (If you have children who do not live with you permanently, for example, they only stay with you a few nights a week, you will receive 50 points) | 100 points |
| Your home is too big for your needs | |
| For every extra bedroom you don’t need (transfer applicants only) | 100 points |
| For every extra bedroom you don’t need (waiting-list applicants only) | 50 points |
| You live in poor housing conditions | |
The property is below and acceptable standard and, for example:
| 250 points |
The property is below an acceptable standard, for example;
| 150 points |
| The property has minor faults including slight dampness or condensation and areas which need repairing | 100 points |
| You live in poor housing conditions - caravans | |
| The caravan needs major repairs but has poor or no facilities | 250 points |
| The caravan needs major repairs but has facilities | 150 points |
| The caravan needs minor repairs and has no facilities | 100 points |
| Yo are sharing facilities with another household | |
| You share a kitchen, bathroom or toilet | 100 points |
| You are a Key Worker | |
| You have a job which brings in skills that are not available locally | 100 points |
| Care and support | |
Residential care or support is no longer appropriate Supported accommodation is no longer needed | 250 points |
| You live in a flat or maisonette (if you have children under 16 living with you) | |
| You have lived in a first-floor flat or maisonette with shared access for one year or more | 40 points |
| You have lived in a second-floor flat or maisonette with shared access for one year or more | 75 points |
| You have a rural connection to the area | |
For example, this could be a town where:
Points in this category do not apply to Elgin, Forres, Buckie, Keith and Lossiemouth | 50 points |
| Exceptional circumstances | |
| The Housing Needs Review Group will assess this. | 0 – 500 points (depending on the circumstances |
How long will I wait before offered a house?
There is no average time. How long you will wait will depend on:
- the number of points we give your application;
- how popular the area is that you have applied for;
- the size and type of property you need; and
- how often vacant properties come up.
How long will I be on the housing list?
You will stay on the housing list until we find you accommodation, or until you tell us you no longer want to be on the housing list
Each year we will send you a letter asking if you want to stay on the housing list and if any of your circumstances have changed. To stay on the list, you must fill in and return the form we send you. If you do not respond, we will assume that you no longer want to be on the housing list and we will cancel your application.
How do you decide who to give properties to?
For each empty home, we produce a shortlist of people who are looking for that size and type of home in that particular area. This list will include people on the transfer, homeless priority and waiting lists. For the transfer and waiting list we usually offer the home to the person on the shortlist with the most points. For the homeless priority list, we will usually offer the home 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;
- 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 your position on each list;
- we try to take account of any person who has a medical problem or disability and needs a certain type of accommodation (for example, if the house has special features, such as wheelchair access or does not have stairs); and
- we also look at the preferences you have shown on your form, for example, if you say you only want a home with gas heating, we will not consider you for a home with electric heating.
What happens before you make me an offer of housing?
Before we make any offer of housing to you, we will inspect your current property. If your property is not in a reasonable condition as a result of your action, we may withdraw any offer of housing and suspend your application from the housing list. Your current property should be clean and in good decorative order. Any repairs that are your responsibility must be completed to our standard before you leave. If not, we will complete the repair and charge you for the cost. For more information on these repairs, please read our leaflet on repairs or contact your Council Access Point. If you can give us clear evidence showing that there has been an improvement to your property, we may lift the suspension from the housing list after three months.
What if I owe money?
If you are behind with your current rent, owe rent from a previous tenancy or you have other housing debts, you must make an arrangement to clear the amount you owe. We may suspend your housing application from receiving any offer of accommodation unless:
- the housing debt is no more than 1/12 of the total amount of yearly rent you owe on your tenancy or previous tenancy; or
- you have made a payment arrangement with your current or previous landlord and you have kept to this for at least three months. You will need to prove that you have kept to the repayment agreement. If you still owe some of the debt, we will expect you to continue to make repayments.
What if I receive a poor tenancy report from the council?
We may suspend your housing application from receiving any offer of accommodation if:
- you have not kept to the terms of your current or former tenancy in a satisfactory way;
- there is proof that you, or a member of your household, are responsible for antisocial behaviour; or
- you, or a member of your household, have been evicted.
What happens if you offer me a property?
We will write and tell you. Our letter will give you details of the home that we are offering you, when you can see it and how long you have to make up your mind. If you accept the offer, your new tenancy will normally start as soon as the property is ready for you to move into. We will charge you rent from the date the tenancy starts.
What if I refuse an offer?
You have the right to refuse any offer. However, if you refuse two reasonable offers of accommodation within a period of one year, we will not make any other offers of accommodation to you for six months from the date of your last offer. If you are going to refuse an offer of accommodation, you should discuss your reasons with the Council Access Point who deals with the area the property is in before you make a final decision. This is because it may be some time before we can make another offer to you.
What should I do if my circumstances change?
If your circumstances change, you must tell us as soon as possible. You can do this by:
- phone, on 0300 1234566;
- e-mail at housing@moray.gov.uk; or
- write to Housing and Property, PO Box 6760, Elgin, IV30 9BX.
Successfully applying for a transfer
When we grant permission for a transfer, we end your tenancy and create a new tenancy. You will need to sign a new tenancy agreement. As a result, it is important for you to know that there are changes in the terms and conditions under the new right-to-buy rules including the initial qualifying period and the way in which we work out any entitlement to a discount.
Ending your tenancy means that your entitlement to a discount and qualifying period will be under the conditions of the modernised right to buy. This means that:
- you must have been a council or housing association tenant for five years in a row before you can benefit from your right to buy (we will include your previous years as a tenant when we work out your eligibility and discount); and
- if you have not been a council or housing association tenant for five years in a row, you must wait until the five year qualifying period has passed before you can apply to buy your home.
Your discount will start at 20% and rise by 1% a year for all house types, (up to 35% of the market value or £15,000, whichever is lower).
What if I disagree with the decision on my application?
You have 21 days from the date your receive your decision letter to ask us to review our decision on your application. If you want us to do this, you must write to us with your reasons for disagreeing with the decision. You should address your letter to the Senior Housing Needs Officer (Allocations)
If you are still not satisfied, you can ask for the Housing Needs Review Group to review the decision on your application by writing to your local area housing manager
You have a right to complain to the Local Government Ombudsman if you believe we have handled your application badly. Or, you can take court action if appropriate.
More information
For more information, contact us (our contact details are on the left side of this page).
