Tenancy policy

Background

The council has a legal duty to publish its tenancy policy. This gives details on how the council deals with tenancy issues in its properties.

  1. The types of tenancy the council offers
  2. The tenancy agreement
  3. The tenancy visit process
  4. Successions
  5. Assignment
  6. Mutual exchange of tenancies
  7. Tenancy fraud and how the council deals with it
  8. Further information

This tenancy policy will be reviewed on a regular basis, in line with any changes in council policy, government policy, or changes in the law.

1. Types of tenancy

1.1 There are two main types of council tenancy – introductory tenancies and secure tenancies.

An introductory tenancy is granted to new tenants when they take up their tenancy. It is a trial period which lasts for a year. During the trial period, it is easier to evict the tenant if they break the terms of their tenancy. This could include running up large rent arrears, or being involved in anti social behaviour. The trial period can be extended for another six months if the tenant does not fully comply with the tenancy terms.

A secure tenancy gives additional rights to the tenant. Introductory tenants will automatically become secure tenants at the end of the year if there have been no issues with their tenancy.

Where a new tenant has come directly from another secure tenancy, or from an assured tenancy with a registered social landlord, they will be secure tenants straight away without an introductory period.

1.2 The council can also use demoted tenancies and family intervention tenancies.

A demoted tenancy is a form of tenancy with fewer rights than a secure tenancy. It can be only be granted by a court if the tenant has been involved in anti social behaviour, and it lasts for a year. The tenant has fewer rights during the demoted period. If there are no more issues, they go back to being a secure tenant at the end of the demoted period.

A family intervention tenancy can be granted to families who are having difficulties maintaining their tenancy due to antisocial behaviour. This type of tenancy is offered on condition that the family accepts support to address their behaviour. A family Intervention tenancy can be ended more quickly if the antisocial behaviour continues. Family Intervention Tenancies are only granted in a small number of cases.

2. The tenancy agreement

2.1 All new tenants are given a tenancy agreement and booklet when they take up their tenancy. This explains their rights and responsibilities and is a legally binding document. When the tenant signs it, they are agreeing to keep to its terms.

The council makes changes to the tenancy agreement periodically to keep it up to date. It will consult with all tenants before doing this, and give them chance to make any comments. These comments will all be taken into account before the changes are made. When the changes are finalised, all tenants will be informed, and be given a full list of the changes which have been made.

2.2 Sole tenancies and joint tenancies

A sole tenancy is in the name of one person only and a joint tenancy is in the name of two or more people. Where more than one adult (a customer aged 16 years old or over) applies for housing together, they can apply as joint tenants.

2.2.1 Sole to joint tenancy requests

Granting a sole to joint tenancy request will create a new tenancy, the original sole tenancy must be ended by notice to terminate signed by the sole tenant and a new joint tenancy agreement signed by both joint tenants and dated with the new commencement date.

The creation of a new joint tenancy will create a new right of succession. The council should take this into account when making a decision.

Where a sole tenant requests that a joint tenancy is granted to them and another person, the council will consider requests on a case by case basis.

Where the additional person is the tenant’s spouse, civil partner or partner the request would usually be granted.

Where the other person is not a spouse, civil partner or partner (for example, other family members or friends) there will be no automatic right to allow a new joint tenancy. The council will consider requests on a case by case basis. The council would not normally grant a request where there would be no right of succession to the additional person on the sole tenant’s death, for example, where the right of succession has been used up or where the family member has not lived there for 12 months.

Joint tenancies will only be granted where both the main and joint applicants are eligible and qualifying.

Tenants should be made aware of the responsibilities to signing a joint tenancy agreement.

The creation of a joint tenancy from an existing sole tenancy in the same property will be a new letting, using the direct letting category ‘tenancy management’.

Should a request for a joint tenancy be refused, then the council will inform the customers in writing of the reasons for the refusal.

2.2.2 Joint to sole tenancy requests

If one joint tenant dies, the tenancy automatically becomes a sole tenancy in the name of the surviving tenant by way of survivorship. This is also a succession under Section 89 Housing Act 1985.

When a joint tenant gives valid notice, the whole joint tenancy comes to an end, and the council will decide whether to offer the remaining former tenant a sole tenancy. The council will normally grant a new sole tenancy and allow the remaining former tenant to remain in the property provided they and any other members of the household meet the lettings criteria and meet the qualification criteria to be a tenant at that time.

The council will make the decision on whether to grant a new tenancy taking into account all the relevant circumstances, for example:

  • the lettings policy criteria, for example whether the property the right size and/or type for the former joint tenant who wishes to become the sole tenant
  • the behaviour of the individual who wishes to remain and their household members
  • the length of time they have lived at the property
  • the demand from other customers on the housing register for the type of property

The creation of a sole tenancy from an existing joint tenancy in the same property will be a new letting, using the direct letting category ‘tenancy management’. This will create a new tenancy. The original joint tenancy should be terminated and the new sole tenancy signed by the remaining tenant and given a new commencement date.

Where the council decides not to offer a new tenancy at the property they will be advised of the reasons in writing, the customer will be given information about the housing options available to them, and their application will be dealt with in accordance with the lettings policy. If they do not leave the property, the council may take legal action to recover possession of the property.

2.3 Length of tenancy

A secure tenancy is not for a fixed length of time; it can carry on indefinitely. The tenant can end their tenancy by giving 4 weeks' notice in writing. The council can only end a secure tenancy if the tenant breaches the tenancy agreement, and they have to go through the court if they want to evict a tenant. If a tenancy has to be ended for any other reason, for example if the property needs to be demolished, the council will offer the tenant an alternative property.

2.4 Rent

The council is responsible for setting rent. New tenants sign a tenancy agreement which specifies what the rent is when their tenancy starts. The council writes to all tenants every year to tell them what their rent will be for the next year.

3. Tenancy visits

3.1 The council visits all tenants within the first month of their tenancy. This is to check that the tenant is settling in, and is a chance for both tenants and the council to raise any issues of concern. After that, the council will visit all tenants on a regular basis.

3.2 Tenancy visits allow the council to:

  • make sure that the tenant is still living in the property
  • update their records if there have been any changes in the household
  • make sure that the property and the garden, if there is one, is being maintained and looked after
  • identify any repairs which are needed
  • identify any other needs that the tenant may have which the council can help with

3.3 Tenancy visits also give the tenant chance to:

  • report any repairs
  • raise any issues of concern in the property or in the neighbourhood, for example anti social behaviour
  • update the council's records
  • ask any other questions they may have about their home or their tenancy

4. Successions

4.1 The Housing Acts 1985 and 1996 set out the law relating to succession. This section provides a summary of the relevant parts of the law.

4.2 The law says that if a tenant dies, the tenancy can be passed to a member of their household who fits the criteria. By law there can only be one succession. If the deceased tenant had succeeded to the tenancy following the death of a previous tenant or through assignment there can be no further succession.

4.3 Under the Housing Act 1985 as amended by the Localism Act 2011 joint tenants, spouses, civil partners or partners have the right to succeed. The council extends this right, and allows wider family members to succeed to the tenancy as long as they have been living with the tenant as their only or principal home for at least the last twelve months.

4.4 Provided the tenant had not succeeded to the tenancy themselves, on their death the tenancy will pass to:

  • the joint tenant who will be considered to have succeeded to the property by survivorship
  • the tenant’s spouse or civil partner (a partner living with the tenant as husband, wife or civil partner is to be treated as the tenant’s spouse or civil partner for the purposes of succession), provided they lived in the property as their only or principal home at the time of the tenant's death
  • a member of the tenant’s family, provided they lived in the property as their only or principal home throughout the period of twelve months preceding the tenant’s death

4.5 If a member of the tenant’s family other than a spouse or civil partner succeeds to the tenancy and the property is more extensive than is reasonably required by the successor and his family, the authority can seek possession under Ground 16, Part 3 of Schedule 2 of the Housing Act 1985.

4.6 Where more than one family member claims succession rights, and the family is unable to decide which member should succeed, the council will make the final decision.

4.7 Where there is no-one eligible to be a successor, the council may grant a new tenancy to a person who lived with the tenant but there is no automatic right to remain in the property. The council will make the decision on whether to grant a new tenancy taking into account all the relevant circumstances, for example:

  • the lettings policy criteria, for example whether the property the right size and/or for the occupier who wishes to become the tenant
  • the behaviour of the individual who wishes to remain and their household members
  • the length of time they have lived at the property, for example if a family member has not lived in the property for at least 12 months prior to the tenants death then the council would not normally consider a direct let to them as they would have had no right to succeed in any event
  • the demand from other customers on the housing register for the type of property

Where the council decides not to offer a new tenancy at the property, the customer will be advised in writing of the reasons why not and given information about the housing options available to them, and their application will be dealt with in accordance with the lettings policy. If they do not leave the property, the council may take legal action to recover possession of the property.

5. Assignment

5.1 Assignment is the process by which a secure tenancy can be passed on to another person whilst the tenant is still alive. The whole tenancy is given by one person to another. The Housing Act 1985 sets out the law in relation to assignment. This section provides a summary of the relevant parts of the law.

5.2 A tenant is also allowed to pass on their tenancy to a person who would be entitled to succeed. If a tenant assigns to somebody else, they lose all the rights they had as a tenant. The council advises tenants to seek legal advice before assigning their tenancy to somebody else.

5.3 If a tenancy has been assigned, it cannot be passed on again, either through another assignment or through succession.

5.4 Secure tenants have the right to assign their tenancy to a person who would be entitled to succeed to the tenancy. This is usually used where a tenant wishes to choose which person will succeed.

5.5 The council may refuse permission to assign in certain circumstances. If the council refuses permission to assign, the customer will be advised in writing of the reasons.

5.6 The council recommends tenants seek independent legal advice before assigning their tenancy to another person.

6. Mutual exchange of tenancies

6.1 Secure tenants have the right to swap homes with other secure tenants of any council, or with assured tenants of registered social landlords. The council may refuse permission to exchange in certain circumstances, as set out in Schedule 3 of the Housing Act 1985.

6.2 The written permission of the council and any other landlord must be obtained prior to any exchange of homes. The council has 42 days in which to consider and respond to a request to exchange. The council will explain their reasons if the request is refused. The council also participates in the House Exchange scheme which is free for tenants to use.

6.3 In certain circumstances council and registered social landlord tenants can exchange their tenancies. This is done by a deed of assignment.

6.4 If an exchange takes place without the council’s written permission, the council may take legal action to evict the tenant. The council will not allow the tenant to return to their original property or offer alternative housing.

7. Tenancy fraud

7.1 Tenancy fraud covers any situation where the person or people living in a council property is not the person who is entitled to be there. This includes:

  • giving false information on an application for housing
  • a tenant who moves out and sublets their property to another person
  • a tenant who does not use the property as their main home
  • a tenant who claims succession when they are not entitled to

7.2 The council will take steps to prevent and identify cases of tenancy fraud in a number of ways:

  • checking ID when people apply for housing
  • making sure that tenants are clear about the rules concerning fraud
  • asking tenants to provide ID when making tenancy visits
  • anyone else visiting the property, such as repairs contractors, will also check ID
  • raising awareness of tenancy fraud, and encouraging neighbours or members of the public to report any cases of suspected fraud
  • participating in the National Fraud Initiative which involves cross matching data with other landlords and organisations

7.3 All allegations of fraud or potential fraud will be investigated thoroughly.

7.4 The council can evict tenants who commit tenancy fraud, as it is a breach of the tenancy agreement.

8. Further information

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