Where the successful applicant can succeed the contract, but not the property, the standard succession process should be completed with the addition:
- Of a Disclaimer requiring signature by the successor to confirm they will register and actively bid on Homeseeker in order to find a more appropriate property.
- A support referral made to assist with the registration and bidding process due to under-occupancy.
- An email to Homeseeker confirming the under-occupancy of the property for priority banding to be issued
- A review check to be completed weekly to ensure successor is actively bidding
- A review check should be completed at 5 months with a case conference with a CHM to consider if a direct match may be appropriate
- A review check completed at 6 months to serve an RHW23 form (Notice before making a possession claim) based on Estate Management Ground G (Under-occupation grounds for Reserve Successor) as the dwelling is more extensive than reasonably required. Possession claim needs to be started within 6 months of the RHW23 being served.
- If bidding is not taking place, the individual should be placed onto autobid after 1 month, and this should be communicated with the individual throughout the investigation and confirmed to them in writing.
- As part of the considerations prior to a possession claim being issued, you must show that suitable alternative accommodation has been offered. Again, a proforma should be amended and signed off at this stage when discussing the suitability of offering a direct match. If, following these steps, the successor is not actively seeking or has failed to obtain alternative accommodation and refused a suitable direct match, then possession proceedings should be started.
If it is decided a Direct Match is required, then we may allow the following:
- Single person downsizing from a 3bedroom property will be considered for a 2bedrom flat
- Single person downsizing from 2bedroom house may be considered for a 2bedroom flat
- Single person downsizing from a 2bedroom flat may be considered to remain
This will allow Bron Afon to make best use of their housing stock. For decisions to be made, consideration should also be given to contract sustainability and a property inspection should be carried out to ensure that there are no issues with property condition.
Circumstances relating to Estate Management ground G:
If the claim is made relying wholly or part on Ground G, please ensure the below is considered before issuing a notice for possession proceedings:
- the age of the contract holder who succeeded
- The period during which the contract holder has occupied the property as their only principal home
- Any financial or other support given by the contract holder to the contract holder who died (or, if the contract holder who died was the successor of an earlier contract holder, to that earlier contract holder)
If there are occupants in the property that have not applied for succession within 1 month from contract holders’ date of death or after a succession application has been refused, they should be asked to leave by an agreed date and if they fail to leave, then court proceedings should begin due to treating the occupant as a ‘Trespasser’.
It is important to understand the data that we hold on the system. If the CHO is aware of other occupants in the property who may be eligible to succeed but have not completed the form within the allotted time, then contact will need to be made to discuss this option, as that individual may have the right to succeed, and it is important to not actively create homelessness of that individual.
*Please note*
If payments are received from an individual who is remaining at the property and accepted by Bron Afon for 8 weeks or more, then they become a contract holder after the 8th week, as Bron Afon are aware they are residing at the property and are accepting payments from them. If, within this 8-week period, the repossession of the dwelling process has already started with the relevant notices provided, then the individual will not be considered a contract holder after the 8th week.