Read our comprehensive lettings policy outlining tenant responsibilities, landlord obligations, and rental procedures
Torbay Council will ensure that it lets its social housing properties in a fair and transparent way, whilst efficiently making the best use of its available housing. Lettings decisions are made that also support neighbourhood sustainability. In developing this policy Torbay Council has followed and fully considered the following:
Legislation:
Statutory guidance:
This policy deals with all social tenancies that Torbay Council issues, except for Mutual Exchange, which has its own policy. Torbay Council aims to offer applicants a choice in where they live. This is achieved though the operation of a Choice Based Lettings system, Devon Home Choice (DHC) and, where appropriate, the allocation of homes through Direct Lettings.
There is high demand for accommodation, but a very limited supply of social housing. Whilst Torbay Council is committed to delivering new social homes, there will still be a large imbalance between the number of applicants seeking social housing, and the relatively low number of properties which are available. In this context, the allocations policy allows the Council to allocate this scare resource as fairly as possible. In developing the allocations policy, regard has been given to the Homelessness and Rough Sleeping Strategy and Housing Strategy.
The DHC Policy is a separate document which should be read in conjunction with this policy.
This policy aims to allocate properties in a fair and transparent way. Torbay Council will allocate its vacant homes efficiently with the minimum loss of income by keeping re-let times to a minimum and in-line with the Equality Act.
The policy will respond to specific, local challenges by defining exceptions which are beyond the scope of the DHC policy. Torbay Council reserves the right to depart from any aspect of this policy where circumstances arise.
Any decision to depart from the policy will be taken by the Housing Manager.
Where interventions and legal powers may not be adequate/appropriate, Torbay Council will consider rehousing customers outside of the choice-based lettings system. These allocations will only be approved when it meets Torbay Council's wider strategy. In these circumstances Direct letting will look to apply Torbay Councils own Local Connection Criteria. Circumstances which would be considered for approval include but are not limited to:
Local Letting Plans aim to achieve agreed objectives, such as minimising anti-social behaviour in certain areas or improving the success rate of integrating young or vulnerable people into general needs housing.
Local Letting Plans are developed on a locality basis to address the requirements of that specific area.
Local lettings may be used to (this is not an exhaustive list):
Priority Bidding: Torbay Council may advertise properties giving additional preference to specific groups. These specific groups are listed below:
DHC is a choice based letting scheme that is transparent, easy to use and accessible for all. It aims to manage expectations through regular published reports of housing allocations. The DHC policy sets out the fundamental principles upon which the scheme is based and forms the best part of Torbay’s allocation policy. Torbay Council coordinates DHC within Torbay and maintains the housing register for all partners operating within the area. For more information on the DHC scheme please visit: Devon Home Choice
Allocations
For the purposes of Part 6 of the 1996 Act, a local authority allocates accommodation when it selects a person to be a secure or introductory tenant of accommodation held by that authority.
The following are not allocations under this policy:
Tenancy Types
New tenants of Torbay Council will normally be offered an Introductory Tenancy for an initial twelve month period. In exceptional circumstances, it may be appropriate to grant a Secure Tenancy. Existing tenants of Torbay Council or another Registered Provider, who have been tenants for twelve months or more, will normally be offered a Secure Tenancy. This includes tenants who have successfully completed their Introductory tenancy.
Withdrawal of Properties
Torbay Council reserve the right to withdraw properties from DHC at any time. For example, it is possible that some advertised properties may still be awaiting void inspections and may have to be withdrawn if it later becomes apparent that they require extensive maintenance works (major void).
Reasonable Preference
The Housing Act 1996 as amended requires all Councils to give ‘reasonable preference’ in their allocations scheme to groups in high housing need, such as the homeless, people with medical or welfare needs, or those living in overcrowded, insanitary or unsatisfactory circumstances. The DHC application form incorporates questions to establish whether an applicant is in one of the reasonable preference categories. A full explanation of reasonable preference groups are listed in the DHC Policy - DHC Policy - Reasonable Preference Devon Home Choice Policy v13.0 April 2025.pdf
Eligibility
Anyone over 16 years of age and over can apply to the housing register if they are eligible. However, this does not guarantee housing under the scheme, as, by law, there are defined groups of applicants who cannot be re-housed. An applicant’s eligibility for the scheme will be assessed before access is given to complete an application. It may be necessary to provide evidence of eligibility during the process which will include at least 5 years of past housing history.
Applicants under the age of 18 will only be considered with a guarantor. Upon their 18th birthday they will be required to sign a tenancy agreement. Under the Housing Act (1996) as amended by the Homelessness Act 2002 and the Localism Act (2011), Local Authorities must consider whether applicants are eligible for housing assistance. This relates to some applicants who may have been living abroad or who do not have permanent permission to remain in the UK. Some applicants will be ineligible, whether or not they are subject to immigration control. Regulations relating to this may be updated regularly.
Non-Eligibility
The Council cannot by law allocate housing accommodation to anyone who is subject to immigration control within the meaning of the Asylum and Immigration Act (1996) unless they fall within a class exempted from this restriction by Government regulations. In addition, the Council cannot, by law, allocate housing accommodation to other classes of persons from abroad if Government regulations dictate we cannot. Please visit the DHC website for more information relating to non-eligible applicants.
Under the Localism Act, the Council can further restrict applicants from being included onto the housing register. These will include circumstances where:
Torbay Council is committed to preventing and tackling homelessness. We believe that the assessment criteria set out in the choice-based lettings policy documents give adequate preference to bidders accepted as homeless by partner local authorities. However, when there are opportunities to create more accommodation to tackle homelessness and/or provide specialist housing, these will take priority over the Choice Based Lettings scheme.
Torbay Council will not label its vacancies with any additional preference for homeless people and should not risk any development being identified as specifically for the homeless, or any incoming household being stigmatized as having been homeless.
Torbay Council embrace the ideals of social inclusion and should not introduce ‘blanket bans’ for certain types of applicants. Each case should be dealt with on its own merits, considering the individual circumstances of the household. People should not be refused access to housing merely because they are likely to cause housing management difficulties.
However, it is recognised that it may be necessary to refuse the offer of a home:
Social Housing fraud is a criminal offence, and anyone found to have deliberately lied, provided false information, or withheld information as part of an application will not be accepted as an eligible applicant by Torbay Council. A tenancy obtained by deception will be repossessed. If we discover this type of irregularity at the offer stage, we will withdraw the offer.
Torbay Council's procedures will provide for the full assessment of these issues before a decision on the offer of a tenancy is made. All such decisions should be clearly documented, made known to bidders, and be subject to an internal management review at the bidder’s request.
In setting rents for its homes Torbay Council follows the Rent Standard Guidance issued by the Social Housing Regulator for both the Social Rent and Affordable Rent regimes. In doing so Torbay Council believes that its homes should generally be affordable by households in low paid employment.
Following the introduction of the Welfare Reform and Work Act 2016 (WRWA) Torbay Council recognizes that some prospective tenants might be prevented from claiming Housing Benefit or Universal Credit housing element on the full amount of their rent because of the Bedroom Tax or the Benefits Cap. Some of the households affected would be able to make up the shortfall only by using money from benefits paid for non-housing costs leaving them with less income to live on than the state defined minimum. Torbay Council believes that it is unlikely that such tenancies would be sustainable in the long term.
Torbay Council will consider whether individual prospective tenants could afford to sustain proposed tenancies by completing an Affordability Assessment.
All applicants will undergo an affordability assessment to ensure they do not have a deficit in income after all essential outgoings have been taken into consideration. Exceptions should be made only where it can be shown that the tenant’s benefit eligibility circumstances will change within a reasonable period in such a way that the tenancy becomes affordable to them.
The information that we request is as follows:
When an applicant has been provisionally offered a property, their application will be set to ‘bid shortlisted’ and they will not be able to bid on any other properties, until they have accepted or refused that offer of accommodation. Once all information has been received and verified, a formal offer will be sent to the applicant. If an applicant accepts an offer of accommodation, their DHC application will be set to housed and closed. Should the applicant refuse the property, a refusal reason will be added to the shortlist and the property will be reoffered to the next eligible applicant. Please see the DHC Policy for more information on refusals.
We will ask for references from all applicants’ previous landlords or other relevant person. In addition, where there are concerns about risk, risk to self or risk to others, enquiries will be made with any relevant organizations.
All incoming tenants are required to pay one month’s rent in advance.
The DHC policy stipulates that applicants who owe rent or a tenancy related debt, accrued within the last 2 years will not normally be offered a property and their application placed into the E Band – no housing need.
There may be exceptional circumstances in which rent arrears can be waived in order to allocate a property. Torbay Council will only do this where it is viewed as an exceptional circumstance and where it is fair and just to do so.
Torbay Council reserves the right to exercise discretion (on a case-by-case basis) in relation to levels of rent arrears that would otherwise prevent an offer of accommodation from being made, if it is in the interest of the Council to do so (for example, to reduce void periods of empty properties or to minimise the use of temporary accommodation).
Torbay Council should offer its homes only to households appropriate to the property types and sizes. The principles set out below should be applied as the normal criteria for matching properties to households:
Torbay Council accepts that property sizes can vary, and the Housing Manager will have the final decision on the appropriate family size for each property. For example, some 3 bedroomed houses are only big enough for a family of 2 adults and 2 children, whereas others may be able to accommodate 2 adults and 4 children. Torbay Council will make it clear in all adverts what the expected family size would be for each property.
Where properties have adaptations for a person with a disability preference should be given to bidders with household members who require the adaptation. Properties with substantial adaptations including those with level access showers, ramps, stair-lifts, ground-floor bathroom extensions or lowered kitchen surfaces will normally be let only to bidders who require the adaptation, or there is a member of the household who requires the adaptation.
Torbay Council procedures will set out clear guidelines for the consideration of exceptions to these principles, whether to permit under-occupation, minimise under-occupation, make best use of properties with adaptations, or because the special circumstances of an individual household warrant a flexible approach.
When disabled applicants apply for a Torbay Council property that has not been previously adapted, Torbay Council will consider whether the property is still suitable to meet the needs of the applicant. Torbay Council will provide some minor adaptations at the expense of the department managing the social housing. When more major adaptations are required, this will usually be done via a Disabled Facilities Grant (DFG) provided by Adult Services at Torbay Council who will work with Occupational Therapists to ensure the correct, most appropriate adaptations are carried out.
It is not always possible to adapt a property for disabled applicants and on occasions Torbay Council will refuse the offer of accommodation on this basis. This decision will be made by the Housing Manager and relevant member of Senior Management.
Torbay Council will monitor the outcomes of lettings to ensure that the best use is made of its housing, and that it is contributing to sustainable communities. It will monitor the satisfaction of incoming tenants with both the letting service offered and the condition of their new homes.
It will also record all its lettings in the Continuous Recording of Lettings (CORE) system and will develop a framework of performance indicators for lettings and wider void management. Torbay Council will take prompt action to identify reasons for any underperformance and will tackle barriers to delivery.
Torbay Council is committed to promoting equality and inclusion and to ensuring that our communities thrive. We complete equality impact assessments (EIAs) to help us understand the possible impacts that our decision may have on different groups. This toolkit guides you through the different stages of the equality impact assessment process to help ensure that your EIA is meaningful and robust.
The Equality Act 2010 provides legal protection from discrimination across nine ‘protected characteristics’ which are: age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, pregnancy and maternity and marriage and civil partnerships.
Under the Act, the Council is subject to the Public Sector Equality Duty (PSED) which means that we must take steps to actively promote equality. The PSED requires public authorities to have due regard to the need to:
Foster good relations between people who share a protected characteristic and those who do not.
The PSED requires us to give ‘due regard’ to equality when making decisions and delivering services. This is to ensure our actions actively promote equality and do not directly or indirectly adversely affect people with protected characteristics.