Introduction

1.1

Maidstone Borough Council acknowledges that there is a limited availability of interim, temporary, and permanent accommodation in the borough. This may, in some circumstances, necessitate that individuals and their households are placed into suitable accommodation outside of the borough, and indeed outside of the county.

1.2

Paragraph 17.49 of the Homelessness Code of Guidance provides that housing authorities who find it necessary to make out-of-district placements are advised to develop policies for the allocation of temporary accommodation to ensure suitability requirements are met.

1.3

This document sets out the Council's policy for placements made in line with all interim, temporary and permanent accommodation duties which may be owed to households under Part 7 Housing Act 1996 (as amended), including but not limited to:

• S188(1) interim accommodation pending the outcome of enquiries
• S188(1A) interim accommodation following a reapplication under s195(1a)
• S199A(2) pending the outcome of a local connection referral to another authority at the relief stage
• S200(1) pending the outcome of a local connection referral to another authority as the main duty stage
• S199A(4)(c) following an unsuccessful referral to another local authority at the relief stage
• S188(2A) where an applicant owed the s189(b) relief duty refuses a final offer of accommodation or a Part 6 offer of accommodation, and requests a review of its suitability
• S193(2) temporary accommodation secured where the main housing duty is owed
• S193(7AC) PRSO’s at main duty
• S189B(9)(a) final offers of accommodation at relief stage

1.4

This procedure does not apply to powers to accommodate, for example: s18,8(3), s200(5), s199A(6), s204(4) and s205(3).

Legislative framework

2.1

This policy complies with:

• Housing Act 1996
• Homelessness Reduction Act 2017
• Homelessness Act 2002
• Homelessness (Suitability of Accommodation) (England) Orders 1996, 2003 and 2012
• Localism Act 2011
• Equality Act 2010
• The Homelessness Code of Guidance
• Maidstone Borough Council's Homelessness and Rough Sleeper Strategy 2024-2029
• Maidstone Borough Council's Allocations Scheme
• Children's Act 2004 (in particular s11)
• Relevant case law, including but not limited to:
  • Nzolameso v Westminster CC [2015]
  • Elkundi, R (on the application of) v Birmingham CC [2022]
  • Bell, R (on the application of) v London Borough of Lambeth [2022]
  • Imam, R (On the Application Of) v London Borough of Croydon [2023]
  • Hajjaj v City of Westminster and Aktar v London Borough of Westminster [2021]
  • Norton v London Borough of Haringey [2022]

Notice to vacate interim accommodation

3.1

Where the Council decides that applicants housed under interim accommodation provisions are not owed the main homelessness duty, they will be asked to leave after a reasonable period of time. This period will be considered in relation to each household’s individual circumstances and with regard to the decision made.

3.2

Those found not to be in priority need or intentionally homeless will be asked to leave after a reasonable period, usually no less than 10 days after receiving a homelessness decision letter. For those found intentionally homeless, further consideration will always be given to the applicant’s needs regarding a reasonable opportunity to secure alternative accommodation as per s192(2)(a) Housing Act 1996.

3.3

Where someone has been found to be not eligible or not homeless, notice periods will be considerably shorter, usually around 24-48 hours, taking into account the availability of existing accommodation, travel requirements, and other general factors, as well as 15.12 of the Code of Guidance.

3.4

Where an interim duty to accommodate is being brought to an end due to a breach of the applicant’s accommodation licence agreement, the applicant will be asked to leave after a reasonable period of time. This period will vary based on their individual households' needs, if children are reasonably expected to reside within the household, the nature of the licence agreement breach, and any other relevant factors. A shorter notice period will be considered appropriate in circumstances where the licence has come to an end as a result of violence, harassment, abuse, or nuisance towards other residents or in the locality of the accommodation, or where drugs or drug paraphernalia have been found in the accommodation.

Out of area placements

4.1

As per s208 Housing Act 1996, and paragraph 17.50 of the Homelessness Code of Guidance, so far as reasonably practicable, the Council seeks to accommodate homeless households as close as possible to where an applicant was previously living. In doing so, the Council will always consider the suitability of the accommodation, taking into account the circumstances of the individual household. However, given the housing market, it may not be reasonably practicable to offer accommodation to a household within the District.

4.2

The Council, when discharging a homelessness duty, will aim to ensure that information concerning details of placements in temporary accommodation and private rented accommodation outside Maidstone is shared as far as possible in a fair and timely manner with the relevant local housing authority (LHA) in areas where families are moving to.

• Notification arrangements – in line with s208(2) Housing Act 1996, the Council will notify the receiving LHA of any placement made into interim, temporary, or permanent accommodation (as far as this is possible).
• Pay a Fair Rent – The Council will, as far as is practical, ensure that the rent paid is in accordance with the prevailing local housing allowance rent levels and is not at a level that is likely to encourage inflation of rent levels.
• Vulnerable families – So far as is practicable, if placing vulnerable families outside of Maidstone, the Council will ensure that such families will continue to receive appropriate support.

4.3

Due to an acute shortage of affordable housing locally, rising rental costs, an increase in interim/temporary accommodation usage across Kent and competition with London-based Local Authorities/Home Office/Kent County Council for permanent accommodation, a growing number of households are likely to be placed outside the borough as it will not be reasonably practicable to provide accommodation within Maidstone. The application of housing benefit caps, LHA rates within the borough, welfare reform and universal credit, together with restrictions upon overall benefit entitlement, has further restricted the number of properties that will be affordable to homeless households in Maidstone, and particularly larger families.

4.4

The scale of demand and the limitations on resources are such that the Council and its partners cannot build enough accommodation to meet all housing needs within the borough. Even if resources were available, there is a limit to capacity, given that the opportunities for large-scale new development in Maidstone are constrained by land availability and costs. Maidstone Borough Council has embarked on an ambitious capital programme to build 1000 affordable homes in the borough, but delivery of this ambition will not be achieved with immediacy.

4.5

When determining whether it is reasonably practicable to secure accommodation in Maidstone, as opposed to simply what is reasonable, the cost of the accommodation is a relevant and proper consideration. The Local Housing Allowance (LHA) is used to work out how much Housing Benefit a tenant will receive to pay their rent. LHA rates depend on who lives in the household and the area they are making their claim. These areas are called Broad Rental Market Areas (BRMA). The local authority area of Maidstone is divided into two Broad Rental Market Areas, which are used to calculate LHA rates in Maidstone. Maidstone BRMA and Medway & Swale BRMA. There are cost savings to be made by utilising accommodation in areas outside of the two BRMAs in Maidstone. Appendix 1 provides a link to the Valuation Officer Agency website, where the LHA rates for each borough can be searched.

4.6

The Council is making efforts to ensure that its temporary accommodation portfolio reflects the most common locations for applicants presenting as homeless in our district. However, inevitably, we cannot always meet the requested location that an applicant presenting as homeless may wish to be temporarily housed in.

4.7

This policy, therefore, details how applicants will be prioritised for housing inside Maidstone, near Maidstone and in all other areas of the UK.

4.8

In Maidstone (Zone 1), Near Maidstone (Zone 2) and All Other UK Areas (Zone 3)

4.8.1

Accommodation will be considered to be in Maidstone (Zone 1) if Council Tax for the property is collected by Maidstone Borough Council.

4.8.2

Accommodation will be considered to be near Maidstone (Zone 2) if Council Tax for the property is collected by any of the local authorities in Kent and Medway.

4.9

Accommodation will be considered to be in all other UK areas (Zone 3) if it falls outside of any of the above-mentioned provisions.

4.10

Priority for Zone 1 accommodation will be given to certain households whose circumstances indicate that they would best be housed locally. This includes:

• a) Households with one child (or more) who has a Statement of Special Educational Needs and/or has an Education, Health and Care Plan and where a change of schools would be detrimental to their well-being, either because of the impact of the change on the child or because a similar package of support is unlikely to be available elsewhere;
• b) Households with one child (or more) who is the subject of a Child Protection Plan, where it is confirmed and accepted by the Council’s Housing Advice Team that a transfer to another area would significantly impact their welfare;
• c) Households where one person (or more) has a severe and enduring physical and/or mental health condition requiring intensive and specialist medical treatment, other than from their GP, and this treatment is only available in the area of the local authority in question;
• d) Households where one person (or more) has a severe and enduring mental health problem and is receiving psychiatric treatment and aftercare provided by mental health services, and has an established support network, and where the Council accept that transferring the care package would severely impact their well-being;
• e) Households where a member of the household is caring for another person living in the borough, and that individual cannot continue to live independently without the household member’s care.
• f) Households with one child (or more) in secondary school within the district who is in their final year of Key Stage 4 (generally Year 11).
• g) Households where one person (or more) is in permanent and established employment within the district and has been for at least six months before the date of the homelessness application.
• h) Any other special circumstances

4.11

Priority for Zone 2 accommodation will be given to:

• a) Applicants who have been continuously employed in Kent and Medway for a period of six months, and for 24 hours or more per week. Women who are on maternity leave from employment and meet the above criteria would also be prioritised for placements in Kent.
• b) Applicants who have as part of their household a child or children who are enrolled in public examination courses in Maidstone, with exams to be taken within the next six months. Wherever practicable, the Council will seek to place such households within 60 minutes car travelling distance of their school or college.
• c) Wherever practicable, any applicant who works for more than 24 hours per week and has been employed continuously for more than six months will not be placed more than 90 minutes travelling distance by public transport, from their place of employment.

4.12

Applicants who meet none of the above criteria may be offered properties in Zone 3 when no suitable property is available in either Zone 1 or 2.

Prioritisation for return to zones 1 and 2

5.1

In some circumstances, it may not be reasonably practicable to accommodate a household that meets the above criteria into zone 1 or 2, where accommodation in those areas is not available. Where this is the case, a move-on list will be used to prioritise moves by bedroom need, other needs as specified above, and time spent in TA.

5.2

Maidstone Borough Council will operate a move-on list by zone and bedroom need, with those with the highest number or severity of need prioritised for accommodation that becomes available in zones 1 or 2, as applicable. Where two households of the same zone and bedroom need have equal need, the household that has been waiting for the longest period of time to be moved will take priority. In the exceptional circumstance that two households have the same bedroom need, zone need, and waiting time, a Grade 11 or above senior housing officer will make a decision based on the overall needs and circumstances of each household.

5.3

Simply having the highest need does not mean that a household will automatically be offered available accommodation in zones 1 or 2, as the individual needs of the applicant and their household will also need to be considered in relation to the suitability of any available properties.

5.4

Prioritisation for available accommodation does not negate the Council’s duty to ensure that suitable accommodation is secured, and as such, accommodation which becomes available, particularly interim and temporary accommodation, will also need to be balanced against the needs of those being placed into accommodation in the first instance.

Safety and domestic abuse

6.1

Maidstone Borough Council has a duty to ensure the safety and well-being of individuals who have had to leave their accommodation due to domestic abuse. Where an ongoing risk of abuse exists in zone 1, Maidstone Borough Council may place an applicant in zone 2 or 3 in an area where the risk does not exist, taking into account all other relevant factors in this policy.

6.2

It is recognised that those who have fled domestic abuse will often have lived in circumstances where they have had choice removed, restricted or taken away from them. As such, we recognise the importance of balancing the wishes of an applicant against our duty to keep them safe. Applicants who indicate a desire to be housed in a particular area outside of Maidstone will be housed in those areas so far as reasonably practicable.

6.3

In the first instance, most individuals who flee domestic abuse will be made an offer of safe accommodation or a refuge.

Single households

7.1

Due to the significant cost and lack of availability of self-contained accommodation within Maidstone and the surrounding authorities, all single clients approaching as homeless will be placed into a house of multiple occupation (HMO) consisting of a room in a shared house as interim and temporary accommodation, if this is deemed suitable.

7.2

As a result of the lack of available accommodation resources, it is the Council’s position that self-contained accommodation should be held for households with children, or those experiencing such significant vulnerability that shared accommodation would not be suitable. As such, if there is no HMO availability within Maidstone, a single person or couple will be placed in the nearest zone (see below) where there is availability of an HMO. This is irrespective of whether there is self-contained accommodation available within Maidstone, and in line with the rest of this policy.

7.3

A suitability assessment will be completed to determine if shared accommodation is suitable for the client and, if applicable, their partner, prior to this placement being made, as detailed in section 5 of the policy.

Offers of accommodation and refusals

8.1

Applicants will be given one offer of suitable accommodation. This may be under an interim duty while enquiries are being carried out, or longer-term temporary accommodation where the main housing duty has been accepted, or a Private Rented Sector Offer (PRSO) final offer of accommodation.

8.2

Offers of temporary and interim accommodation will be made verbally over the phone by the Accommodation Resource Team and followed up in writing thereafter. In relation to a PRSO or Final Offer of Accommodation, a final offer letter will be sent to the client via their public portal.   Should the applicant wish to discuss the offer, they can contact their Housing Advice Officer to do so. The applicant will be advised to accept the offer made, with both the Officer and the offer letter explaining the consequences of refusal and any right of review that they have of the suitability of the offer of accommodation.

8.3

There is no obligation upon the Council to enable applicants to view the accommodation before acceptance, but in terms of a PRSO or final offer of accommodation, we will take reasonable steps to enable a viewing. In making the offer, the household’s individual circumstances will be considered, considering the factors set out in section 5 of this policy and the Council’s criteria on in/out of borough placements detailed in section 4.

8.4

If an applicant rejects an offer, they will be asked to provide their reasons for refusal. This applies where PRSO’s and Final Offers of Accommodation are made as well as to new applicants to whom the Council has an interim duty to accommodate under, as well as those being transferred from existing Temporary Accommodation (TA), or those in TA who are required to move by the Council whom the Council has accepted a rehousing duty towards under s193 Housing Act 1996. The Council will consider the reasons given and undertake further enquiries as necessary. If the Council accepts the reasons for refusal and agrees that the offer is unsuitable, the offer will be withdrawn, and a further offer will be made.

8.5

Where applicants refuse suitable PRSO/Final Offer/interim/temporary accommodation (which may include out-of-borough placements), and the Council does not accept their reasons for refusal, and considers that the offer is suitable, applicants will not be offered further accommodation and will be required to make their own arrangements.

8.6

Offers of interim/temporary accommodation will remain open for a reasonable period (normally an hour) and not more than 24 hours; however, it may not be possible for the same property offered to remain available for 24 hours, and a different property will be offered. Should this also be refused, there will be no further offer of accommodation. There is no right of appeal against the suitability of accommodation offered to applicants under an interim provision (e.g. s188 Housing Act 1996), although they can apply for judicial review through the courts.

8.7

In cases where the applicant still refuses a suitable offer of accommodation, after having been informed that the Council has not accepted their reasons for refusal, the interim homelessness duty will be discharged. If the applicant is resident in interim accommodation, they will be asked to vacate the property within a reasonable period of time and advised that no further assistance other than advice will be provided. If they are already in longer-term temporary accommodation, the main housing duty will be discharged, and the applicant will be served with appropriate notice to quit this accommodation. For applicants where the Council has accepted the main duty under s193 Housing Act 1996, there is a right to request a review of the suitability decision, pursuant to s202 Housing Act 1996.

8.8

If an applicant whom the Council has accepted as a s193 duty refuses a suitable offer and submits a review request, they will only continue to be accommodated during the review period in exceptional circumstances. The Council will apply the principles laid down in the judgment of R (Mohammed) v Camden LBC [1997] 30 HLR 315 when reaching a decision on providing discretion to accommodate an applicant pending a review. Each case will be considered on an individual basis, taking into account the overall merits of the review request, any new information or evidence that may affect the original decision, and the personal circumstances of the applicant and the potential impact of the loss of accommodation.

Suitability of accommodation

9.1

The policy takes into account the statutory requirements on local authorities in respect of suitability of accommodation as per s206 Housing Act 1996, including Suitability Orders, the Homelessness Code of Guidance 2018 and the Children Act 2004 S.11 which places duties on a range of organisations and individuals to ensure their functions, and any services that they contract out to others, are discharged having regard to the need to safeguard and promote the welfare of children.

9.2

Due to the shortage of suitable accommodation in Maidstone, homeless applicants who are housed under the Council’s interim duty to accommodate pursuant to section 188(1) Housing Act 1996 may initially be placed in emergency accommodation, including bed and breakfast and short-term self-contained accommodation, such as annexes, or nightly-paid accommodation while enquiries are carried out. This accommodation may be outside of the borough. If the Council decides it owes the s.193(2) main housing duty to house the household, they will be moved to longer-term temporary accommodation or made a PRSO/Final Offer of Accommodation as soon as a suitable property becomes available.

9.3

Wherever possible and in compliance with the regulations, the Council will avoid placing families with dependent children and pregnant women in bed and breakfast accommodation. The Council acknowledges that for young people aged 16/17, bed and breakfast accommodation is never considered suitable, and that this may result in short-term emergency placements outside of Maidstone. Where no other suitable accommodation exists, and such placements are necessary, the Council will move these households to more suitable self-contained accommodation within six weeks.

9.4

In offering interim, temporary or private sector accommodation, the Council will consider the suitability of the offer, considering the following factors:

9.5 Location

9.5.1

If suitable accommodation is available in zone 1, the Council will seek to house applicants in Maidstone, allowing them to maintain any established links with services and social/support networks. However, when there is a lack of suitable accommodation, or there are higher priority households awaiting accommodation in the borough, out-of-borough placements will be used to meet the Council’s housing duty (see section 4.10 on priority for local accommodation). Given the shortage of accommodation locally, bed and breakfasts in zones 1, 2 or 3 may be considered suitable for short-term interim placements.

9.5.2

The Council may also keep aside local vacant units in anticipation of applicants presenting who meet the criteria for a local placement. This has been confirmed as a reasonable practice in the 2018 Court of Appeal case for Adam and Alibkhiet v Westminster and Brent Councils.

9.5.3

The Council will consider the proximity to schools, public transport, primary care services, and local services in the area in which the accommodation is located, alongside any individual service, employment or education access in relation to a household.

9.6 Size

9.6.1

Accommodation must provide adequate space and room standards for the household in light of the relevant needs, requirements and circumstances of the household. E.g. health or mobility issues.

9.6.2

As per paragraph 17.12 Homelessness Code of Guidance, accommodation will not be considered suitable for a household with children under the age of 2 if there is no adequate space for a cot for each child aged under 2.

9.7 Conditions

9.7.1

In deciding on the fitness of the property, it must be free from any Category 1 Hazards under the HHSRS, and consideration would be given to the length of time needed to complete any necessary repairs, as well as whether it is reasonable to complete these while the property is occupied. The quality of the decoration/furniture, the layout/type of accommodation, the provision of parking and the lack of access to a garden are unlikely to be acceptable reasons for a refusal.

9.8 Medical issues

9.8.1

The Council will consider health factors, such as the ability to mobilise around a property, climb stairs, care and support provided by other statutory agencies or the need to access any specialist medical services that are only available in Maidstone.

9.8.2

If the applicant or a member of the resident household is citing medical grounds that were not identified during the initial assessment, the applicant must submit relevant medical evidence within 48 hours.

9.8.3

The key test in determining the impact of medical issues is whether the condition itself makes the housing offered unsuitable. Problems such as depression, asthma, diabetes or back pain would not normally make a property unsuitable, as the problems would persist in any sort of accommodation.

9.9 Affordability

9.9.1

‘Affordability’ has been defined in this policy thus: “the household must have its equivalent level of income support or income-based jobseeker’s allowance (whether claimed or not) available to spend on reasonable living costs after accommodation costs have been deducted from the household’s income”. Due regard will be paid to s.17.45 of the Code of Guidance 2018 when assessing affordability as well as the key judgment in Samuels v Birmingham [2019].

9.9.2

The Council will consider whether the applicant can afford to pay for their accommodation without being deprived of basic essentials such as food, clothing, heating, transport costs and all other reasonable expenditure. We will therefore take into account the rent that the household can afford as well as any additional costs, such as travel costs, resulting from the location of the accommodation.

9.9.3

Where rent costs cannot be met in interim or temporary accommodation only, the Council may consider applying a lower level of rent in exceptional circumstances in line with the judgment R (OAO Yekini) v London Borough Southwark [2014] where the Court held that accommodation provided in exercise of the duties conferred onto the Local Authority may be charged as per section 206(2), but that in some cases where such accommodation is unaffordable, a nil or nominal rent charge should be applied at the discretion of the Council.

9.10 Education

9.10.1

Attendance at local schools will not be considered a reason to refuse accommodation, though some priority will be given to special educational needs and students who are close to taking public examinations in determining priority for in-borough placements (see section 3).

9.11 Employment

9.11.1

The Council will consider the needs of applicants who are in paid employment to reach their normal workplace from the accommodation that is secured (see section 3).

9.12 Any other special reasons or circumstances

The Council will consider any other reasons for refusal put forward by the applicant and come to an overall view about whether the offer is suitable.

Pet ownership

10.1

In line with Maidstone Borough Council's Pet Policy, also known as the “John Chadwick Pet Policy”, if a household arrives at the initial date of approach of a homelessness application with a pet, Maidstone Borough Council will, where possible, accommodate the household with their pet. If this is not possible, an offer of interim or temporary accommodation may be made where a pet is not permitted, and this offer of accommodation will be deemed suitable. Maidstone Borough Council will continue to try to source alternative accommodation for the household to move to where they will be allowed to keep their pet. As this is dependent on the provider’s policies, we are unable to give a time frame for this, and the initial accommodation will be deemed suitable for the household on an ongoing basis.

10.2

For households who approached Maidstone Borough Council with a pet, a first offer of permanent accommodation can be refused without penalty if it is not suitable for pet ownership or they are not able to take their pet with them. The Housing Advice Officer / Accommodation Resource Team should be aware of this requirement before making an offer to try to seek the most suitable placement for the household. This condition only applies to the first offer of permanent accommodation and to the pet that was present at the initial approach. Subsequently obtained pets will not apply.

Governance and monitoring arrangements

11.1

Governance of this policy will sit with the Housing and Inclusion Team and will be reviewed annually.