Support services - Estates: police housing policy (U01e)

1.1 This joint procedure/SOP has been updated on its two yearly review as follows:

• the procedure/SOP has been amended throughout to clarify two separate Heads of Estate Services for each force
• minor terminology/grammatical changes have been made throughout the document
• all reference to the Police and Crime Commissioner have been amended to reflect that in Essex this has now changed to the Police, Fire and Crime Commissioner
• the protected characteristics within the EIA section have been updated

2.1. This SOP will explain the different type of housing which is available to police officers and, exceptionally, staff. It will explain which department has functional responsibilities for the properties.

Compliance with this SOP and any governing policy is mandatory.

3.1 Entitlement

3.1.1 Police officers’ entitlement to housing will be in accordance with the regulations applicable to them at the time.

3.2 Ownership

3.2.1 Except where properties are rented commercially, all police housing stock is owned by the Police and Crime Commissioner (PCC).

3.3 Functional responsibility

3.3.1 The Joint Head of Estate Services is responsible for houses including such matters as maintenance, internal decorations and improvements. The Head of Business Services will provide day-to-day repairs from the facilities budget in Kent.

3.3.2 The Estate Services department at headquarters has the same responsibilities for houses on the headquarters site.

3.3.3 LPA/divisional commanders will be mutually supportive and accommodate police officers from other LPAs/divisions should the situation so demand. Where issues cannot be resolved at a local level, the Head of Human Resources will arbitrate.

3.3.4 The force Head of Estate Services in respect of the headquarters estate, will maintain an accurate view of the internal and general condition of police houses, and shall have a right to inspect such property at a reasonable time pre-arranged as suitable to both parties, but at any time should any emergency situation require it.

3.4 Rented accommodation

3.4.1 The PCC may consider utilising the limited provisions of the Housing Act 1985 to let accommodation on a short term basis to:

• persons (including both police officers and staff) who are joining Essex Police or Kent Police from outside the county or who move home within the county in order to take up employment within the boundaries of another local authority within Essex or Kent
• existing personnel (including both police officers and staff) who take up employment in a different local authority area to the one in which they currently live and have to move home as a result
• exceptionally, police officers who are currently in receipt of pre-1994 housing allowance and who wish on welfare grounds to reside in a police house

3.4.2 Recruitment will advise new joiners regarding bullet point 1 in paragraph 3.4.1.

3.4.3 Existing personnel wishing to apply under bullet points 2 and 3 in paragraph 3.4.1 of this procedure/SOP should apply through to the Joint Head of Estate Services.

3.4.4 Each application will be considered on its merits but Essex Police and Kent Police cannot guarantee either availability of accommodation or choice of location. In particular the stated policy of both the PCC’s is that all police houses should be disposed of over time.

3.5 Overriding principles

3.5.1 No new occupancy will be allowed unless individuals fall within one of the categories set out in paragraph 3.4.1 of this procedure/SOP.

3.5.2 In accordance with paragraph 3.4.1 of this procedure/SOP, LPA/divisional commanders may identify suitable property locally but must not enter into any commitment without the specific approval of the Director of Support Services (Kent Police and Essex Police).

3.5.3 Technical advice on the operation of this procedure/SOP will be through the Estate Services department at police headquarters.

3.5.4 Police houses will not be retained for welfare situations.

3.5.5 The long-term aim remains to dispense with both PCC's housing stock through normal turnover.

3.6 Emergency housing

3.6.1 Emergency housing, following threat assessment, will be provided as follows:

• initial action – typically first 72 hours - police officer and family to be provided with a hotel or accommodation within the Kent Police Training School
• short term – where possible a vacant police house will be made available on a short-term basis
• medium term action - three to six months. A property may be rented or leased by Essex Police or Kent Police for a specific period according to individual circumstances. This to be subject of constant review and only in exceptional cases will consideration be given to a period longer than six months
• long term - when vacating police housing. These cases are to be considered on the circumstances of each individual case

3.7 Disposal of surplus houses

3.7.1 There is an on-going requirement to reduce the police house stock to a level set by the PCC.

3.7.2 LPA/divisional commanders will ensure that surplus stock is identified for disposal and details forwarded immediately to the Estate Services department, headquarters.

3.7.3 The opportunity exists for occupants of surplus police houses to purchase the property at the market value. Any police officer in this position should submit a written application to the Joint Head of Estate Services for a valuation of the property.

3.7.4 The sale price will be determined by the force Head of Estate Services following valuations carried out (at Essex Police or Kent Police expense) by appropriate firms of chartered surveyors. The price will be that at which the PCC might expect to sell in the open market with the benefit of vacant possession, reflecting in particular any development or other additional value. The intending purchaser may arrange his/her own valuation and/or survey to help inform their decision on whether or not to accept the price offered by the PCC.

3.7.5 Essex Police or Kent Police will pay for not more than two valuations for a police officer within any three-year period. A third or subsequent valuation would be at the police officer’s own expense.

3.7.6 There are no ‘discounts’ or ‘packages’ for police officers vacating or buying their police house. The PCC is not obliged to offer to sell a house to a police officer.

3.8 Requirement to reside and personal circumstances

3.8.1 There are no restrictions as to the place of residence of a police officer, but police officers purchasing property to live in should remember that the chief constable has the right to post them anywhere within the county, so their choice should not restrict them to be able to fulfil their duty. Individual circumstances will be considered when a police officer residing in police accommodation has been the subject of a previous requirement to reside policy or are currently in receipt of a pre-1994 housing allowance.

3.9 Vacation of police houses

3.9.1 A police officer who vacates a police house must comply with the requirements of Estate Services department in Essex and form 2133 - Requirements on vacation of a police house in Kent.

3.9.2 A police officer must notify estate services of their intention to vacate at least four weeks prior to the date of vacation.

3.9.3 When a police house is vacated the force Head of Estate Services will inspect the house not later than seven days prior to the day of vacation.

3.10 Removal allowance

Type of move	Circumstances	Allowances
Police house to police house	Own request	No allowance (may be considered in exceptional circumstances)
Police house to police house	Approved transfer	Removal van and removal allowance
Police house to owner occupier		No allowance
Owner occupier to owner occupier	Approved transfer	Legal fees, removal van and removal allowances

 3.11. Officers leaving Essex Police or Kent Police

3.11.1 When a police officer leaves Essex Police or Kent Police, the right of the police officer and their family to occupy PCC owned or hired property ceases on the day following their termination of service.

3.11.2 In the case of a police officer dying, the right of their family to occupy PCC owned or hired property ceases on the day following the death of that police officer.

3.11.3 In either case a ‘notice to vacate’ will be prepared at headquarters and forwarded to the LPA/divisional commander to serve on the occupants. If the property is not vacated within the terms of the ‘notice to vacate’, an occupation charge (mesne profits i.e. the profits of an estate received by a tenant in wrongful possession and recoverable by the landlord or damages for trespass and use) becomes payable the day following the expiry of the notice period until the day the property is vacated by the ex-police officer and/or their family.

3.11.4 Failure to vacate the property will result in the commencement of proceedings in the county court for an ‘order for possession’ which establishes the PCC's right to have possession of the property and to enforce the judgment in respect of the payment for damages, use and legal fees/costs.

3.11.5 Legal proceedings to recover the property for police use are conducted through the Estate Services department, headquarters, to whom LPA/divisional commanders should submit full details.

3.12 Officers on unpaid leave including unpaid maternity leave

3.12.1 Police officers living in PCC owned property whose partner or spouse is not a serving Essex Police or Kent Police officer who qualify for housing allowance, will be required to pay rent for any period of unpaid maternity leave.

3.12.2 As soon as a police officer goes on unpaid leave, the entitlement to rent-free accommodation is lost and the police officer will be liable to a payment for the use and occupation of the property.

3.13 Officer separating from spouse

3.13.1 When a police officer living in PCC property separates from their spouse or partner and vacates the property and continues to serve in the force, a ‘notice to vacate’ (see paragraph 3.11.3 - SOP 3.11.5 above) will be served on both parties. It is considered to be the duty of the police officer to provide alternative accommodation for their spouse and/or family and pay any damages/costs/fees as detailed in SOP 3.11.4 above.

3.13.2 In most cases, an amount of allowance equal to the rental value of the property will be withheld from the police officer whilst the spouse/family remains in occupation.

3.13.3 Police officers who separate after resignation or retirement, and prior to any court action for an ‘order for possession’ will be automatically joined in the action.

3.14 Owner occupiers

3.14.1 There are no restrictions as to the purchase and place of residence of a police officer, but police officers purchasing property to live in should remember that the chief constable has the right to post them anywhere within the county, so their choice should not restrict them to be able to fulfil their duty.

3.14.2 Police officers are recommended to give careful consideration to the suitability of the house, its location, financial implications, travelling etc. before committing themselves. Advice on such issues is available from the Police Federation, force personnel and welfare staff.

3.14.3 Except as provided for in police regulations, there is no entitlement to payment of a travelling allowance between the place of residence and place of duty.

3.14.4 Any police officer wishing to transfer with a view to purchasing a house in a particular LPA/division must first obtain the approval of the transfer from the Head of Human Resources.

3.15 Officers nearing retirement

3.15.1 A police officer will be regarded as nearing retirement if they have completed:

• 27 years’ service
• 23 years’ service and given provisional notice of their intention to retire at 25 years’ service

3.15.2 Provided they can be absorbed into the establishment of the LPA/division concerned, a police officer nearing retirement may be permitted to:

• transfer to the LPA/division of their choice and purchase a house on the open market, or
• transfer in order to acquire a residential qualification for social housing

3.16 Career breaks

3.16.1 Dependent upon the availability of PCC accommodation, police officers who embark on a career break of less than 12 months who reside in such accommodation, may be allowed to remain in it but will be charged rent at the current market rate.

3.16.2 Where the career break is for a period of 12 months or longer, police officers who reside in PCC accommodation will be required to vacate it.

3.17 Part-time working

3.17.1 A police officer who, prior to the commencement of part time service, was provided with PCC accommodation may continue to reside in such accommodation if the chief constable considers that it is conducive to meeting the operational needs of the force.

3.18 Accommodation defects

3.18.1 Any building defects or damage to either the internal or external fabric of PCC supplied accommodation must be reported immediately by the occupier to the Head of Business Services.

3.18.2 Charges may be made to occupiers for damage in excess of fair wear and tear. This applies equally whether the damage is caused accidentally or due to carelessness or neglect.

3.19 Unoccupied property

3.19.1 All unoccupied properties are insured (providing SOP 3.19.3 below is complied with) under the PCC's property policy for all risks except:

• loss, destruction or damage caused by freezing of plumbing, heating, cooling or fire protection systems
• loss, destruction, damage or consequential loss caused by terrorism, either directly or indirectly
• theft, other than that involving violent and forcible entry/exit to/from the property

3.19.2 LPA/divisional commanders will ensure that the Joint Head of Estate Services is advised immediately if any premises are about to become unoccupied.

3.19.3 Where the property is left unoccupied the following should be done:

• all external doors secured shut using a minimum of a five lever mortise deadlock and a seven inch box striking plate
• all windows and skylights secured shut using key operated window locks
• all electrical, gas and water supplies turned off from the mains and all water apparatus and pipes drained
• a responsible and authorised person is to inspect the premises on a regular basis at least once a week
• all letter boxes are secured shut
• the property is kept clear of all combustible materials

3.19.4 LPAs/divisions are expected to meet the first £1,000 of any damage from their budget.

3.20 PCC accommodation - general

3.20.1 Occupiers of PCC supplied accommodation will be responsible for making arrangements, at their own expense, for the regular cleaning of any chimneys, gutters and drains.

3.20.2 Occupiers of PCC supplied accommodation receiving notification of proposed planning development nearby must forward such notices, immediately, to the Joint Head of Estate Services.

4.1. An Equality Impact Assessment (EIA) has been carried out and shows that the proposals in this SOP would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5.1. This SOP has been scored as having a low risk to Essex Police and Kent Police.