Common use of Choice Clause in Contracts

Choice. 5.1.1 The local authority will inform applicants of their right to express (place a bid) a preference about the property which might be allocated. 5.1.2 The local authority will identify and support any applicants who may have a difficultly in expressing a preference. Applicants will be encouraged to self-identify that they require support to express a preference. The local authority will use its own judgement on initial contact with an applicant, based on whether they were able to complete an application to join Property Pool Plus unaided. Applicants who are not expressing a preference will be contacted to determine if this is due to them having difficulties. Particular attention will be paid to ensuring those who are homeless, have a disability or are from a black or minority ethnic community, are provided with any support they might need to express a preference. 5.1.3 Applicants will be able to express a preference of up to three properties that are available to let from the local authority or a registered provider in a calendar week. Applicants will be able to express a preference making a ‘bid’ for a property via the Property Pool Plus website. The local authority will make a bid on behalf of an applicant who requires support. Applicants may be sent reminders about opportunities to bid via email or text. The local authority will provide information on the likely level of priority or waiting time for any property available to bid on. 5.1.4 An applicant’s right to express a preference of a property they wish to be allocated, does not extend to any social rented housing that is intended for occupation by persons with specific characteristic which they do not possess, e.g. properties specifically for persons of specified age where an applicant is under minimum and/or maximum threshold. 5.1.5 All applicants are subject to a limit on the number of properties that would be reasonable for them to occupy, which they are entitled to refuse an offer of. Auto-bidding may be implemented for applicants who are owed the section 189B initial duty owed to all eligible persons who are homeless and persons with a priority need who are not homeless intentionally. If an applicant should refuse a final offer, they will be given reduced preference for a period of 12 months, by being placed into Band D. The local authority will consider the circumstances of each refusal on a case-by-case basis and confirm with an applicant they are refusing an offer prior to imposing a sanction. 1. Band A applicants are entitled to one refusal of a reasonable offer of accommodation, except those who are homeless or owed a homelessness duty who will have no entitlement to a refusal of a reasonable offer of accommodation. 2. Band B applicants are entitled to two reasonable refusals, except those who are homeless or owed a homelessness duty who will be entitled to one reasonable refusal 3. Band C applicants are entitled to three refusals of a reasonable offer of accommodation. 4. Band D applicants have no cap on the number of refusals of a reasonable offer of accommodation. 5.1.6 An offer of accommodation will be considered reasonable if the property being offered will meet the housing needs of an applicant, having had regard to the following matters at the date when the offer is made: 1. Whether the applicant and their household would be overcrowded or under-occupying. As a general rule, allocations will be made so that a property is fully occupied. If this is not possible, under-occupation will be considered, subject to an affordability assessment. 2. Affordability of the property when compared to the applicants’ income and expenditure, see appendix one for the methodology that will be followed to determine whether a property is affordable. 3. Location of the property in regard to essential journeys the applicant needs to make. 4. Public sector equality duty in Equality Act 2010, section 149 5. When there is a child or children in the applicant’s household, the duty to safeguard and promote the welfare of children in the Children Act 2002, section 11. 6. In respect of school-age children, the duty in the Human Rights Act 1989, that no person should be denied the right to an education (Notwithstanding this, an offer of accommodation might necessitate a child having to move school). 7. Space and arrangement of the property 8. The standard of property 9. The specific health needs of the applicant their usual household members 10. The proximity and accessibility of family support 11. The proximity and accessibility of medical facilities and other support services which are currently used by or provided to the applicant or the usual family members that are essential to that persons’ wellbeing. 12. The proximity of alleged perpetrators or victims of domestic abuse 5.1.7 Instances when an applicant who requires adaptations who are offered a property, that is subsequently deemed to be unable to be adapted, will not be deemed as a refusal. 5.1.8 Applicants will be informed of their right to seek a review of whether an offer of social rented housing they refused was a reasonable offer, or whether the final offered refused was a suitable offer. 5.1.9 The local authority will publish feedback on the outcome of bids on the Property Pool Plus website. Requests for this information to be provided in alternative formats will be considered on an individual basis. 5.1.10 The local authority will maintain a list of suitable homes for disabled people with access needs, to avoid potentially disadvantaging applicants who might require a home with such features.

Choice. 5.1.1 The local authority will inform applicants of their right to express (place a bid) a preference about the property which might be allocated. 5.1.2 The local authority will identify and support any applicants who may have a difficultly in expressing a preference. Applicants will be encouraged to self-identify that they require support to express a preference. The local authority will use its own judgement on initial contact with an applicant, based on whether they were able to complete an application to join Property Pool Plus unaided. Applicants who are not expressing a preference will be contacted to determine if this is due to them having difficulties. Particular attention will be paid to ensuring those who are homeless, have a disability or are from a black or minority ethnic community, are provided with any support they might need to express a preference. 5.1.3 Applicants will be able to express a preference of up to three properties that are available to let from the local authority or a registered provider in a calendar week. Applicants will be able to express a preference making a ‘bid’ for a property via the Property Pool Plus website. The local authority will make a bid on behalf of an applicant who requires support. Applicants may be sent reminders about opportunities to bid via email or textmessage to their online PPP account. The local authority will provide information on the likely level of priority or waiting time for any property available to bid on. 5.1.4 An applicant’s right to express a preference of a property they wish to be allocated, does not extend to any social rented housing that is intended for occupation by persons with specific characteristic which they do not possess, e.g. properties specifically for persons of specified age where an applicant is under minimum and/or maximum threshold. 5.1.5 All applicants are subject to a limit on the number of properties that would be reasonable for them to occupy, which they are entitled to refuse an offer of. Auto-bidding may be implemented for applicants who are owed the section 189B initial duty owed to all eligible persons who are homeless and persons with a priority need who are not homeless intentionally. If an applicant should refuse a final offer, they will be given reduced preference for a period of 12 months, by being placed into Band D. The local authority will consider the circumstances of each refusal on a case-by-case basis and confirm with an applicant they are refusing an offer prior to imposing a sanction. 1. Band A applicants are entitled to one refusal of a reasonable offer of accommodation, except those who are homeless or owed a homelessness duty who will have no entitlement to a refusal of a reasonable offer of accommodation. 2. Band B applicants are entitled to two reasonable refusals, except those who are homeless or owed a homelessness duty who will be entitled to one reasonable refusal 3. Band C applicants are entitled to three refusals of a reasonable offer of accommodation. 4. Band D applicants have no cap on the number of refusals of a reasonable offer of accommodation. 5.1.6 An offer of accommodation will be considered reasonable if the property being offered will meet the housing needs of an applicant, having had regard to the following matters at the date when the offer is made: 1. Whether the applicant and their household would be overcrowded or under-occupying. As a general rule, allocations will be made so that a property is fully occupied. If this is not possible, under-occupation will be considered, subject to an affordability assessment. 2. Affordability of the property when compared to the applicants’ income and expenditure, see appendix one for the methodology that will be followed to determine whether a property is affordable. 3. Location of the property in regard to essential journeys the applicant needs to make. 4. Public sector equality duty in Equality Act 2010, section 149 5. When there is a child or children in the applicant’s household, the duty to safeguard and promote the welfare of children in the Children Act 2002, section 11. 6. In respect of school-age children, the duty in the Human Rights Act 1989, that no person should be denied the right to an education (Notwithstanding this, an offer of accommodation might necessitate a child having to move school). 7. Space and arrangement of the property 8. The standard of property 9. The specific health needs of the applicant their usual household members 10. The proximity and accessibility of family support 11. The proximity and accessibility of medical facilities and other support services which are currently used by or provided to the applicant or the usual family members that are essential to that persons’ wellbeing. 12. The proximity of alleged perpetrators or victims of domestic abuse 5.1.7 Instances when an applicant who requires adaptations who are offered a property, that is subsequently deemed to be unable to be adapted, will not be deemed as a refusal. 5.1.8 Applicants will be informed of their right to seek a review of whether an offer of social rented housing they refused was a reasonable offer, or whether the final offered refused was a suitable offer. 5.1.9 The local authority will publish feedback on the outcome of bids on the Property Pool Plus website. Requests for this information to be provided in alternative formats will be considered on an individual basis. 5.1.10 The local authority will maintain a list of suitable homes for disabled people with access needs, to avoid potentially disadvantaging applicants who might require a home with such features.