Housing Eligibility

The Housing Executive assumed responsibility for social housing in 1971 from Housing Trust, 61 local authorities, and three commissions which had previously been responsible for the management of housing. It took over over 150,000 houses. The purpose was to depoliticise housing. Housing Executive Act (NI) 1971 established the Executive.

The Housing Executive consists of 10 members. Seven are appointed by the Minister, and four are nominated by the Northern Ireland Housing Council, representing the District Council.

The Executive has a Chief Executive, a number of senior directors, officers, and staff. It operates through several district offices managed by district management teams. These officers are responsible for managing and maintaining the housing stock, allocating housing, collecting rents, recovering arrears, advising homeless persons, and administering housing benefits. In some more isolated areas, there are a number of sub-assets.

Persons seeking social housing are assessed under a housing selection scheme, which is point-based. Applicants are placed on a waiting list common to both the Executive and Registered Housing Associations.

Applicants must have a sufficient connection with Northern Ireland, except for full-duty applicants. Generally, an applicant must be over 18. In limited circumstances, applicants between 16 and 18 who have children, live-in care, or need specific independent living accommodation may qualify.

There is a requirement that the applicant or a member of their household has a substantial connection with Northern Ireland. This includes residing in Northern Ireland by choice, employment or job-seeking, or other circumstances like education or family support.

Persons living in Britain may apply for social housing in Northern Ireland and may be entitled to transfer from an English or Scottish local authority or registered landlord through housing transfer.

The Executive will not allocate housing to a person from abroad if they are subject to immigration concerns and are ineligible under immigration and asylum legislation, or they are treated as ineligible. A person may be treated as ineligible for housing allocation if they or a member of their household have engaged in unacceptable behavior serious enough to make them unsuitable to be a tenant of the Executive.

An employed person, self-employed person treated as an employee, or a family member or person with a right to permanent residence may qualify for social housing. EEA nationals may be ineligible under certain conditions.

Applicants must complete a housing/transfer application form, which is a single form for landlords.

The initial assessment involves a desktop review and telephone interview in many cases. The office will seek to ascertain the application’s priority need category.

The waiting list is reviewed annually, requesting confirmation of the continued status of an application. If the applicant does not reapply, their application may be considered withdrawn.

Applicants are notified of the decision in writing, along with the reasons. They may challenge it through the complaints and review process.

A person guilty of unacceptable behavior may be refused social housing. The Executive may decide that an applicant is to be treated as ineligible if they are satisfied that they or a member of their household have been guilty of unacceptable behavior, serious enough to make them unsuitable to be a tenant at the time of the application’s consideration.

Unacceptable behavior is behavior that would, if you are a secure tenant, entitle the Executive to an order for possession on stated anti-social grounds or behavior on the part of the family that would entitle the Executive to seek possession on such grounds. Unacceptable behavior may involve causing nuisances to neighbors, deterioration of the property, or using it for illegal or immoral purposes, without the person necessarily being guilty of an offense.

If the behavior is due to a physical, mental, or learning disability, the person is not to be treated as ineligible unless the Executive first considers whether they would be able to maintain a tenancy with appropriate care and support.

An applicant may generally choose two common landlord areas, which are considered small areas within that area, unless they request not to be located in a particular estate. An applicant tenant may request to be considered for a vital area known as a general housing area, comprising one or more areas of choice.

Applicants who may be restricted from areas of choice due to misbehavior or persons who have committed or are suspected of sexual abuse or intimidation are restricted. They are only offered accommodation in limited areas where there are no children in the household.

Once the applicant has been assessed and has received the recorded points based on a waiting list used by all participating landlords, generally accommodation is offered to those with the highest points. Where there are equal points, the date of application is given priority.

Applicants are generally offered accommodation in their areas of choice. Full-duty applicants who have been on the waiting list for more than six months are an exception. An applicant is generally entitled to three reasonable offers of accommodation. When considering what is reasonable, the size of the accommodation must be suitable for the household’s size. The location should be in the applicant’s area of choice, the features must be appropriate to the specific needs of the household, and the accommodation must be fit for immediate occupation.

The time limit for response is generally two to three days. Where an offer is accepted within that period, it is assumed to be refused. In the case of persons with complex needs, more time is given.

Multiple offers may be made by the Executive for the same property if it has been empty for a number of weeks and nobody has applied for it. If the applicant feels the offer is not reasonable based on the above criteria, they may be entitled to refuse it. They must provide reasons in writing, and the Executive may assess the situation and make another offer. If it is not agreed, the applicant may lodge a formal complaint through the internal complaint system.

If the officer, considered reasonable by the Executive, and the applicant refuses all three offers based on insecurity of tenure, the applicants will lose their insecurity of tenure points and will not be entitled to receive an offer for a year but will continue to have other points. If the applicant has refused three reasonable offers and becomes a full-duty applicant within a year, they will become entitled to a further reasonable offer. If they refuse a fourth reasonable offer, then the Executive’s duty is deemed discharged.

The applicant may request the Executive to carry out a review of their homelessness position in relation to the suitability of the accommodation offered and the discharge of the Executive’s duty. A new procedure applies after December 1, 2010.

Social landlords may disqualify an applicant from future tenancies for up to two years or six years in certain cases:

• When the County Court grants possession of a property held under a secured tenancy by the Applicant.
• When the applicant owes an amount greater than four times the weekly rent and rates in relation to a previous tenancy of a participating landlord and has not adhered to a repayment agreement.
• When the social landlord is satisfied on reasonable grounds that the applicant was guilty of serious social, anti-social behavior within the past two years.
• When the social landlord is satisfied on reasonable grounds that the applicant willfully caused substantial damage to the accommodation within the past two years.
• When the social landlord is satisfied on reasonable grounds that the applicant abandoned the tenancy of the participating landlord within two years without adequate notice.
• When the social landlord is satisfied on reasonable grounds that the applicant is currently squatting or has squatted during the past two years in a dwelling house belonging to the landlord.
• When the social landlord is satisfied on reasonable grounds that the applicant has assisted or acquiesced in another squatting in a dwelling house belonging to the landlord.
• When the social landlord is satisfied on reasonable grounds that within the past two years the applicant has engaged in violent behavior while placed in relevant temporary accommodation.
• When the social landlord is satisfied on reasonable grounds that the applicant has been guilty of violent behavior towards their staff.
• When the social landlord is satisfied on reasonable grounds that the applicant has made a false statement or given false information to obtain housing from a participating landlord.

The Executive may consider backdating acquisition where the applicant has full-duty application status, has complex or specialist needs, and where the household cannot be accommodated in the existing housing stock or no suitable properties are available within a reasonable time.