Under-Occupation & Overcrowding Policy & Procedure
Definitions
- ‘Transfer’ refers to members moving to different accommodation within the Coop, whether through an allocation meeting or by other means, as described in the ‘Transfer and Mutual Exchange Policy and Procedure’.
- ‘Overcrowding’ refers to a situation where there are not enough bedrooms and space to adequately house the members or members and their child dependents/carers, living in the property.
- ‘Under-occupation’ refers to a situation where there are more bedrooms than the number of members or members and their child dependents/carers, living in the property; As agreed in the Tenancy Agreement, or otherwise appropriately determined if not stated in said agreement. With the exception of 16/17 Vauxhall Grove, where tenants are permitted to rent 1 or 2 bedrooms per member within this shared house, with the agreement of Housing Management.
Policy Statement
- To make the best and most effective use of our Cooperative housing stock, in away that meets people’s changing needs and is fair to all members.
- To ensure surplus Co-operative housing stock is used efficiently in providing homes to people in housing need.
Background
- In the past, under-occupation and overcrowding have been handled in different ways, referenced within multiple policies, with no one specific policy for clear fair guidance.
- At present, under-occupation & overcrowding can continue indefinitely, without follow-up or a plan to resolve the situation for these members. This can lead to some members not having adequate living space, some members downsizing when an appropriate opportunity arises, and some members having more living space than they need with empty unused bedrooms. For example, historically couples within Vine Co-operative have occupied 1, 2, 3 & 5 bedroom properties without clear guidelines on how to compassionately and fairly resolve this situation.
- “There are currently 17.5 million adults without safe and secure homes in the UK.”(https://england.shelter.org.uk. 2021) and an acute social housing shortage in London with “over 200,000 households on the waiting list for a social home ”(https://www.onlondon.co.uk/anya-martin-does-london-really-have-a-housingshortage. 2022).
- If we effectively manage our housing stock as a priority, we can ensure all our members are housed fairly according to their needs and offer more homes to people who need them.
Purpose
This policy aims to ensure that:
- There are guidelines in place, to assist Housing Management and Vine Cooperative members to make the most effective and fair use of housing stock.
- No property is under-occupied, or overcrowded for extended periods of time where this can be avoided.
- All members live in a property of an appropriate size and with adequate space for both their personal and shared needs – aiming for one bedroom per member.
- The well-being and needs of any member, in a position where they may need to downsize from their home in the future, is taken into consideration and treated with care, collaboration, support and respect.
Circumstances in which the Co-op would wish to encourage tenants to transfer include:
A. “Where tenants living in an under-occupied or overcrowded property, could move to smaller or larger accommodation, facilitating resolving both their own & other members housing needs.” (Transfer and Mutual Exchange Policy and Procedure, 2007)
B. “The Co-op has a legal obligation to require tenants to transfer (and to provide suitable alternative accommodation) when:
- a) there is statutory overcrowding
- b) major works are needed
- c) continued occupation by the tenant conflicts with the charitable objectives of the Co-op
- d) the unit is specifically designed for people with special needs which the tenant does not require.” (Transfer and Mutual Exchange Policy and Procedure, 2007)
Procedure Guidelines
- Housing Management and the Transfer Co-ordinators keep a record of all existing under-occupied and overcrowded properties, including the date of when this living situation commenced.
- All members in overcrowded properties, wanting to transfer to a larger property are required to put themselves on the Transfer List.
- All members applying to go on the Transfer List are required to fill out a transfer application form, outlining their housing situation, living circumstances, needs and reasons for wanting a transfer.
- All overcrowded and underlet members are to discuss their needs with the Transfer Co-ordinators and identify any needs that would make certain alternative units unsuitable for them. For example, due to disability, health and medical conditions. This would ensure that unsuitable units are not offered to members.
- “The Co-op must show a commitment to cater for everyone’s changing needs.”(Transfer & Mutual Exchange Policy and Procedure, 2007.) It is the role of the Transfer Coordinators to build an understanding of all members’ needs, in both under-occupied and overcrowded properties. To do this Transfer Coordinators will carry out an annual audit and have an in-person meeting with these members and keep a documented action plan, which aims to fairly resolve both their own and other members’ housing needs in the future.
- Development and Housing Management to assess and write a report for all overcrowded properties, to be reviewed every 2 years, to ascertain if there are ways to potentially maximise the property space, minimising overcrowding and the need for transfer.
- A transfer should not cause under-occupation, unless there are extenuating circumstances agreed by the MC. If a transfer causes under-occupation, the underlet members are required to sign an agreement, stating they will transfer to an appropriately sized property, that fits their needs, should one become available and commit to working with the Co-op, to resolve the under-occupation.
- All under-occupied and overcrowded properties have the right to veto a transfer opportunity suggested by the Co-op that would resolve both their own and other members’ housing needs. If a member/s decline two appropriate transfer opportunities, a Management Transfer requested by the Co-op will take place, which members may not unreasonably refuse.
- Reasonable expenses are covered by the Co-op for any tenants downsizing. For details refer to the Transfer and Mutual Exchange Policy and Procedure (2007).
- “Tenants should not be at any time the owner of, nor the tenant of, any other habitable property other than the Vine premises in which the tenant could reasonably be expected to live.” (Tenancy Agreement, Conditions Of Tenancy) February 2023