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Purpose
This Policy sets outs our approach to the tenancy management of our social housing rented accommodation. The Policy includes:
Aim
Scope
This policy applies to our social housing rented homes only.
Responsibilities
Estuary’s Board of Management, having formally adopted the Tenancy Policy, accepts overall responsibility for its implementation and for monitoring its effectiveness.
Directors and Assistant Directors are responsible for ensuring the Tenancy Policy is adhered to ensure we are meeting any regulatory standards.
All staff are responsible for understanding this policy and should consider this policy when liaising and assisting customers.
Legal & Regulation
At Estuary Housing Association (EHA) we value inclusiveness, and we are committed to embedding equality and diversity at the heart of our work. We aim to be an inclusive organisation, where individual differences are respected, where staff, people who use services, as well as their families and carers, are treated with dignity and on the basis of their merits, abilities and needs, and where everyone has a fair opportunity to fulfil their potential without suffering discrimination or disadvantage.
1. Introduction
1.1 The Regulator of Social Housing sets out within their Tenancy Standard that we are required to publish clear and accessible policies. This policy needs to outline our approach to tenancy management, including interventions to sustain tenancies and prevent unnecessary evictions, and tackling tenancy fraud.
1.2 We will allow tenants and prospective tenants to be supported by a representative or advocate in interactions about our services. This is part of our Consent Procedure.
2 Types of Agreement and size of accommodation
2.1. The type of tenancy issued by us will be influenced by several factors including:-
2.2. Our tenancy agreements contain the rights and responsibilities associated with the tenancy type. Failure to abide by these terms and conditions will put a tenancy at risk.
2.3. Rents are determined in accordance with the Regulator of Social Housings Rent Standard and Rent Policy Statement. Refer to our Rent Setting Policy.
2.4. Anyone who was social housing tenant on or before 1 April 2012 and have remained social housing tenants since that date we will issue a tenancy with no less security; be it they are a current Estuary Housing Association tenant or a tenant moving to one of our homes from another registered provider. It does not apply where tenants choose to move to accommodation let on Affordable Rent terms, though we will generally issue the same security.
2.5. Where we have moved tenants to alternative accommodation during any development or other works, we will give them the same type of tenancy on their return to settled accommodation.
2.6. We will generally not allow a home to be under-occupied. This means we will not agree to tenancy where we feel the home is too large for the needs of the household, in terms of excess rooms and more specifically bedrooms. The size of accommodation offered or granted will be in line with our Lettings Policy and Mutual Exchange Policy.
3. Types of Tenancy
3.1 Starter (Probationary) Tenancy
3.1.1 We will offer a Starter Tenancy to anyone that does not currently hold a social housing tenancy except for our sheltered accommodation. A Starter Tenancy is a weekly periodic Assured Shorthold Tenancy for an initial term of 12 months. During the period of the Starter Tenancy there is no right to assign the tenancy, transfer, or request tenant improvements.
3.1.2 During the initial 12 months your tenancy will be reviewed. After 12 months, if the tenancy has been conducted satisfactorily, the tenancy will automatically become an assured (lifetime) tenancy.
3.1.3 If a Starter Tenancy is not conducted satisfactorily, and the breach is minor we will consider extending the probationary period for up to 6 months. For breaches relating to but not limited to anti-social behaviour, domestic abuse, harassment we may take legal action to end the tenancy. We will outline our reasons for extending or ending the Starter Tenancy in writing.
3.2 Assured Tenancy (Lifetime tenancy)
3.2.2 We will offer a periodic assured non-shorthold tenancy (Assured Tenancy) to existing social housing rented tenants of Estuary, other Registered Providers and Councils who move to another of our social rented homes. We will also offer an Assured Tenancy on the successful completion of a Starter Tenancy,
3.2.3 Providing an Assured tenant does not breach the tenancy conditions, they will usually be able to stay in their home for the rest of their life (referred to as a lifetime tenancy). If they transfer to another Estuary property, they will be granted another Assured Tenancy.
3.3 Assured Shorthold Tenancy (non-fixed term)
3.3.1 This tenancy may be used where:
3.3.2 In these examples we will offer an assured shorthold tenancy if there is no regulatory requirement to offer a more secure tenancy.
3.4 Secure Tenancy
3.4.1 These tenancies are typically the older tenancies granted prior to 15th January 1989. Providing a tenant does not breach their tenancy conditions, they will usually be able to stay in their home for the rest of their life.
3.5 Fixed Term Tenancy
3.5.1 From 1st October 2022, we no longer issue Fixed Term Tenancies. However, we still have tenants on Fixed Term Tenancies. When these existing Fixed Term Tenancies are coming to an end, we will generally grant a new Assured Tenancy. However, following will apply:
3.5.2 Where there have been minor breaches of tenancy, with no legal action we may still agree to issue an assured tenancy. Any rent arrears will become part of this new tenancy agreement.
3.5.3 Where we are unable to offer an alternative home, where we have agreed to, before the end of the fixed term, the fixed term tenancy will lapse onto a weekly periodic tenancy.:
3.5.4 We will not offer you another tenancy where (though this list is not exhaustive):
3.5.5 We will obtain a Court Order for Possession of your home if you do not leave following the decision not to renew your tenancy.
3.5.6 In cases where we are not offering another tenancy, we will provide advice on other housing options i.e., shared ownership, market rent. We will signpost to agencies such as Citizens Advice, local authority homelessness and housing advice service.
3.6 Mortgage Rescue
3.6.1 We have several properties which were purchased under the Governments mortgage rescue scheme. These homes were originally let with a 3-year fixed term tenancy which specifically relate to mortgage rescue. This tenancy however does limit a tenant’s ability to move as there are no rights to transfer or mutual exchange.
3.6.2 Before the end each 3-year term we will review the conduct of the tenancy. Where the tenancy is satisfactory the tenants will be offered either another 3-year fixed term mortgage rescue tenancy or considered for an assured tenancy.
3.6.3 Irrespective of the type of tenancy granted the rent type will remain an affordable rent, however any change in tenancy will result in the rent being reviewed.
3.7 Demoted Tenancies
3.7.1 Where an existing tenant causes persistent and/or serious anti-social behaviour, or allows it to be caused, we can apply to a County Court for an order to reduce the security of tenure to a Demoted Tenancy.
3.7.2 If granted a Demoted Tenancy means the tenancy will be like a Starter Tenancy for the period of the demotion, which has fewer rights. i.e., no right to exchange or transfer.
3.8 Licence Agreements
3.8.1 Licence agreements are generally used where we let a property on a temporary basis, i.e., where tenants have been decanted from their permanent home to a temporary home for major works.
3.8.2 Where we use a licence agreement this will be an excluded licence, meaning we do not require a court order to ask the resident to move or evict them. These are excluded from the Protection of Eviction Act 1977.
4. Joint Tenancies
4.1 Our policy on joint tenancies applies to all the tenancy types contained within this Policy.
4.2 A joint tenancy is where two or more people (legally up to four) have signed the tenancy agreement. However, under Estuary Housing Association Tenancy Policy we will not usually offer joint tenancies to more than two people.
4.3 We will generally only create joint tenancies between married couples, civil partners, and people in a relationship who live together as partners. We do not offer joint tenancies to parent and child, siblings, other family members or friends living in the household. However, where a joint tenancy, of this type, is already held with another registered provider we will consider offering a similar tenancy.
4.4 Exceptions to 4.2 and 4.3 may be considered where it is to support a vulnerable adult sustain their tenancy.
4.5 Joint tenants will be required to sign the tenancy agreement and understand that:
a) Each tenant has the right to occupy the property
b) Neither tenant can exclude the other, unless they have an appropriate court order or injunction
c) Each tenant is jointly and severally (individually) liable for the tenancy and the rent. This means both are responsible for complying with whole tenancy. This responsibility continues even if one tenant moves out of the property, whilst they remain a joint tenant
d) Either tenant can end the tenancy (except if the tenancy is for a fixed term, or an assured shorthold tenancy).
4.6 In cases of domestic abuse where one tenant ends the tenancy, we may offer the tenancy to the remaining tenant provided they are eligible for our homes. They must require this size and type of accommodation to remain in the same home. Where a household would be under occupying their current home, we may offer them a tenancy in smaller accommodation unless there is a proven need for them to remain. We will only do this where the household would be considered in priority need, were they to be made homeless.
5. Succession
5.1 Succession is a legal process of another household member taking over a Tenancy when the Tenant passes away. However, the rights to who can take over the tenancy depends on the type of tenancy held. Where a tenant dies Estuary Housing Association will grant rights of succession to other occupiers within legislative requirements and any discretionary conditions contained within their specific tenancy agreement.
5.2 In general terms for Secure and Assured tenants on the death of a sole Tenant who is not already a Successor the Tenancy will pass to the Tenant’s spouse, civil partner, or other partner under the provisions of the Housing Act 1988 if they were living with the Tenant at the time of the Tenant’s death.
5.3 If the tenancy has previously been succeeded (which includes assignment) then no further succession is possible. Under these circumstances any remaining household members would be required to leave the home.
5.4 Tenancies have different rights so reference to their specific tenancy is required to clarify the individual rights for remaining occupiers of the property.
5.5 We may have granted extra contractual rights of succession; these rights will stem from the tenancy agreement rather than from statute.
5.6 We will grant a new tenancy agreement for contractual successors of tenancy agreements granted before 1 April 2012. We will grant a Starter Tenancy for the first year. The type of tenancy we offer after the first year will be in line with this Policy, and not necessarily the same as the previous tenancy.
5.7 Where discretionary succession is being claimed these cases will be decided by our Complex Case Panel based on the individual circumstances.
5.8 In all cases of succession, whether statutory or discretionary, where a succession would create under occupation; or the property is adapted and the successor is not in need of the adaptions, we will offer alternative accommodation suitable for the needs of that household.