Home Finder Scheme

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• Home Finder Scheme

• Are you a council or housing association tenant with a clear rent account?
  
  
• Would you like the opportunity to move to a larger property in an area of your choice?
  

If you have answered YES to any of these questions, then our Home Finder Scheme: Renting in the Private Sector could be for you . This scheme was launched in March 2010 to help overcrowded households secure family-sized properties in the private sector. We are now considering applications from all social housing tenants but will continue to give priority to overcrowded tenants.

We help you with:

• a deposit and one month's rent in advance
• arranging and paying for your removals
• the chance to view the property before making a choice
• preparing the tenancy for you and make sure it is fair
• setting up Housing Benefit payments.

For more detailed information about Home Finder use the links below to go to the information you need. Also the information on this page is also available in a printed booklet format. If you would like a copy, please phone 020 8547 5003 and ask to speak to an Allocations Project Officer. Alternatively you can download a copy in pdf format - see related documents below.

Home Finder is a voluntary scheme available to social housing tenants who are interested in moving to a private rented home rather than a tenancy in a council or housing association property.

You would have a fixed term Assured Shorthold Tenancy with a private sector landlord. The Council must be satisfied that the housing is suitable for your needs (and those of your household) and that it would be reasonable for you to accept the offer. You are under no obligation to accept any offer with a private landlord and if you decide not to accept you can remain on the Kingston Housing Register.

Kingston Council and local housing associations have a severe shortage of social rented properties to let each year. We are particularly short of larger family sized homes, so families often have to wait for several years in overcrowded homes before a suitable one becomes available. Some families may never have an offer of a larger social rented home.

We want to offer more choice and increase the options available as an alternative to a council or housing association tenancy. This may suit tenants who want to move out of social housing or who want to live in a particular area where there is no social rented housing available.

• You can tell us which area you want to live in and what type of property you would like. This is useful if you want to move to a specific area, for example, into a school catchment area.
  

• Waiting times could be much shorter than waiting for a council or housing association property, as it may be easier to find a suitable home to meet your requirements in the private sector.

If you are in rent arrears you won’t be offered a Home Finder home. However, we may make an exception if the Head of Housing agrees.

An Assured Shorthold Tenancy (AST) is the most commonly used tenancy in the private rented sector. It is a legal agreement between you and your landlord which sets out the terms and conditions under which you can occupy a property.

The Tenant Finder Service will arrange with landlords to offer any AST for a minimum initial fixed term of 12 months. After the first 12 months it may be renewable by further agreement between you and the private landlord. The Tenant Finder Service will prepare the tenancy agreement and make sure all the terms and conditions are fair.

For further information about this type of tenancy, please ask for a copy of the Government booklet 'Assured and Assured Shorthold Tenancies - a Guide for Tenants' available from the Tenant Finder Service, telephone 020 8547 5003.

There are a number of significant differences between an Assured Shorthold Tenancy and a Council Secure Tenancy or Housing Association Assured Tenancy.

Some of the most significant are:

• There is greater protection against eviction for a Secure Council Tenancy or an Assured Housing Association Tenancy.
  

• There are additional rights such as mutual exchanges, succession on the death of the tenant, and (for council tenants), the right to buy.

However, if you have an Assured Shorthold Tenancy and you are on Kingston’s Housing Register you may still be able to apply for shared ownership schemes. Details are available from the Council’s Home Ownership Team on 020 8547 5003.

An Assured Shorthold Tenancy has more limited security of tenure than a Secure Council Tenancy or an Assured Housing Association Tenancy. It is easier for a landlord to gain possession of a property let on an Assured Shorthold Tenancy.

The Council identifies suitable privately owned properties, available for letting at a reasonable market rent set by the Rent Service. Private landlords agree to let their properties to tenants on an ongoing basis but initially for a minimum of 12 months. The tenancy agreement is an Assured Shorthold Tenancy between you and the landlord and not you and the Council.

If you need help with the deposit and rent in advance, the Council can arrange for a deposit/deposit guarantee and one month’s rent (in advance) to be paid to the landlord. This money is a loan to you from the Council and a loan agreement is drawn up which sets out how you should repay this loan.

If you are moving because your home is too small for you:

• The Council will arrange and pay for your removals.
  

• If you are assessed as needing two extra bedrooms, you may be able to claim a grant, subject to available funding.

You will have the opportunity to see suitable properties that become available for letting before any offer is made.

You won’t be made an offer of a property until you have had the opportunity to see it and have confirmed that you want to accept it. You are under no obligation to accept the property - you can turn it down and this won’t affect your position on the Kingston Housing Register.

You are responsible for making sure that the rent is paid to the landlord. You will need to claim any Housing Benefit that you may be entitled to and make sure that you meet the full rent due.

In April 2008 new rules were introduced for assessment of Housing Benefit and Local Housing Allowance (LHA) was introduced for all new claims. LHA is a flat rate allowance based on the household size and the area in which you live. LHA levels are reviewed regularly by the Rent Service. The rent charged for the initial fixed term tenancy will not exceed the LHA for your household. The same benefit calculation will apply as before, that is, the amount of benefit you are entitled to depends on your income and family circumstances.

A maximum room allowance is published by the Council so that landlords and prospective tenants can be clear about the amount of rent LHA will cover.

Yes, even if you are working, you may be entitled to Housing Benefit to help you pay your rent. The amount of benefit you are entitled to depends on your income and family circumstances.
If you are not entitled to receive the full eligible rent, you are responsible for meeting the difference.

The Tenant Finder Service can help you make a claim for Housing Benefit and is available to help should you experience any problems with your claim during the tenancy.

If your circumstances change, for example, your income changes or one of your household leaves home, or starts working, or you have another child, you must tell the Housing Benefit Department as soon as possible because your entitlement may change.

For further information please ask for a copy of the leaflet 'Housing Benefit - Advice for Private Tenants' or go to the Housing Benefit related link below.

The landlord cannot increase the rent during the fixed term of the tenancy unless there is a rent review mechanism that allows this as part of the agreement.

If you are claiming Housing Benefit you and your landlord can check the published LHA levels on the Council’s website on the anniversary of the tenancy start date.

If you have any concerns about your landlord wanting to increase the rent, please contact the Council’s Housing Advice Service or Tenant Finder Service before agreeing to any increase.

Yes, you can tell us that you want to remain on the Kingston Housing Register and you can bid for properties under the Council’s Choice Based Lettings Scheme. You can also keep the priority date given to you when you were accepted on the Kingston Housing Register. However, the banding given to you will be based on the fact that you are suitably housed.

Please note that if you want to move from the property, you must make sure your tenancy is ended in accordance with the terms of the agreement or you may find you are still liable to pay rent even if you are no longer living in the property. You must be aware that by signing up for a fixed term you are agreeing to take the property (and pay the rent) for that period.

In some circumstances it may be appropriate to ask for a clause in the agreement (often called a ‘break clause’) which allows you to bring the tenancy to an end earlier than the agreed fixed term. You can get further advice about these issues from the Tenant Finder Service or the Housing Advice Service.

Unless you break the terms of your agreement you will be allowed to remain in the property for a minimum of the fixed term agreed at the start of the letting.

Providing there are no problems, and both you and your landlord wish to extend the letting, the tenancy may be able to continue by agreement between you and the landlord. This may be on another fixed term tenancy or on a periodic basis (for example from week to week or month to month).

As the property is owned by a private landlord, there is no guarantee that the property will be available to rent indefinitely. However, if your landlord asks you to leave, we may be able to help you find another home.

Landlords can only seek possession during the fixed term of a property let under an Assured Shorthold Tenancy on specific grounds set out in the Housing Act 1988 (as amended) and only after court proceedings. This type of action can often be avoided and/or defended and, should this be threatened, you should urgently seek advice from the Tenant Finder Service or the Housing Advice Service.

If your landlord wishes to evict you, they must always serve you with a valid Notice of Seeking Possession first. The law states that an application to secure possession cannot be made until this Notice has expired.

You will be allowed to stay in the property until possession has been awarded by the Court. If you do not want to leave you can only be removed from the property by a Court Bailiff under a warrant. This cannot be made until the initial Possession Order awarded by the Court has expired.

Assuming the landlord has no other grounds in which to evict you, they must serve a valid Section 21 Notice giving you a minimum of two months notice to bring the tenancy to an end. They will then need to apply to the Courts for possession.

If the landlord is successful in their action to get possession it is likely that the Court will ask you to pay the costs. For more information please ask for the Government booklet 'Assured and Assured Shorthold Tenancies - a Guide for Tenants' available from the Tenant Finder Service - please phone our Customer Contact Centre on 020 8547 5003 and ask to speak to a member of the Tenant Finder Service.

If, for some reason the tenancy has to end (for example, the landlord needs to sell the property) and the landlord serves the necessary Notice of Seeking Possession upon you, we may be able to help you find another property with a private landlord. Alternatively, you can continue to bid for a property through the Council’s Choice Based Lettings Scheme. It is important to tell the Allocations Team as this may affect your priority on the Kingston Housing Register.

A special right to possession exists where the fixed term of an Assured Shorthold Tenancy has come to an end. If a landlord wishes to claim possession on this basis they must provide you with a minimum of two months Notice of Seeking Possession (Section 21 Notice). Upon expiry of the Notice they will be able to apply to the Court for an Order for Possession.

If your landlord asks you to leave or you receive a Notice from your landlord, you should contact the Tenant Finder Service or the Housing Advice Service immediately for further advice.

If you lose your home as a result of actions or omissions by you or a member of your household, you may be consiered to have become homeless intentionally and the Council may not have a duty to provide you with alternative housing.

Subject to the terms of your tenancy, you must ensure the tenancy is ended correctly, or you may find you are still liable to pay rent even if you are no longer living in the property. You can get advice on the correct procedure to end your tenancy from the Tenant Finder Service or Housing Advice Service.

If you have any problems about your tenancy, contact the Tenant Finder Service or the Housing Advice Service for advice and assistance. You can also get independent advice from the agencies listed below.

Yes. It is important that you are clear what you are agreeing to. We would recommend that you get independent advice from a solicitor or from the following advice agencies:

Citizens Advice Bureau (Kingston)
Neville House
55 Eden Street
Kingston KT1 1BW
Phone: 0844 826 9701
Go to their website - www.kcabs.org.uk - for details of opening times - see related links below.

Kingston Churches Action on Homelessness
36a Fife Road
Kingston, Surrey KT1 1SU
Phone: 020 8255 7400
Email: info@kcah.org.uk
Web: www.kcah.org.uk - see related links below

Kingston and Richmond Law Centre
Siddeley House
50 Canbury Park Road
Kingston, Surrey KT2 6LX
Phone: 020 8547 2882

• If you have a printed copy of the Home Finder booklet, please fill in the application form attached to the back of the booklet completing your household details then detach and seal and either leave it at the Advice and Information Centre, Guildhall Two or post it to us (no stamp necessary).
  
  If you are downloading a copy of the Home Finder application form from this page please fill in the application form completing your household details and then put in an envelope and address to Allocations Project Officer, Guildhall Two, Kingston upon Thames KT1 1EU. If you hand in your completed form to the Information and Advice Centre, Guildhall Two no stamp will be required but if you want to post your application you will need to make sure you put the appropriate postage on it.
  

• The Tenant Finder Service will contact you to discuss your application and will arrange for you to view any properties that are available and suitable for your household.
  

• Once you have seen a suitable property you will have up to 24 hours to decide whether you would like to be made an offer on that property.
  

• If you decide that you would like to be made an offer on that property, a Tenant Finder Officer will send you a letter formally advising you of the offer. Attached to that letter will be a statement for you to sign as follows:
  

Statement of Acceptance/Rejection of ‘offer’ of a property at (address of property)

• I have viewed the property at (address of property).
• I have been made an offer of a 12/24 month fixed term Assured Shorthold Tenancy on that property by the private landlord (landlord’s name) arranged by the Royal Borough of Kingston upon Thames (‘the Council’).
• I understand that I am under no obligation to accept this offer and that any refusal will not affect my position on the Kingston Housing Register.
• I have been given an opportunity to obtain independent advice before making a decision whether to accept or reject this offer.
• I have read and understood this Statement.  
• I have decided to accept/reject this offer.
  

Signed _________________________

Dated _________________________

Once this has all been done we will finalise rent and letting details with the landlord. You will then be asked to come into the council offices to meet your new landlord and sign the tenancy agreement. The landlord will also give you the keys. At this time you can fill in an application for Housing Benefit.

Please note 'Home Finder' is a voluntary scheme. Until an offer has been made by a landlord and accepted by an applicant (and a legally binding tenancy agreement entered into), either party can decide to withdraw. In some cases this may mean that even the ‘best placed’ applicant can’t obtain a property under the scheme if a landlord is unwilling to proceed to completion.

If you have any further queries or would like to discuss the Home Finder Scheme in more detail, please phone 020 8547 5003 and ask to speak to an Allocations Project Officer.

Allocations Project Officers:
Phone: 020 8547 5003

Tenant Finder Service:
Phone: 020 8547 5003

Housing Advice Service:
Phone: 020 8547 5003

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