TENANCY MANAGEMENT POLICY
STROUD DC
Contents
PART 1 - POLICY BACKGROUND & COVERAGE ............................................... 4
Introduction ........................................................................................... 4
Key Principles of the Tenancy Management Policy ....................................... 4
Relevant legislation and regulatory compliance ........................................... 5
PART 2 - THE CREATION OF TENANCIES POLICY ............................................ 6
Introduction ........................................................................................... 6
Creating New Tenancies ........................................................................... 6
Types of Tenancy .................................................................................... 6
Creation of Tenancies for Persons Aged between 16 and 18 .......................... 6
Risk Implications ..................................................................................... 7
Financial Implications .............................................................................. 7
PART 3 - ENDING OF TENANCIES ................................................................. 8
Introduction ........................................................................................... 8
Notice to quit .......................................................................................... 8
Joint Tenants .......................................................................................... 8
Joint Tenancies – Domestic Abuse ............................................................. 9
The death of sole tenant and occupier ...................................................... 10
Notice to quit on the Public Trustee following the death of a sole tenant who
was intestate and had no living relatives .................................................. 10
Transfer to another home owned by the Council ........................................ 10
Execution of a Warrant of Evictions ......................................................... 10
Abandonment ....................................................................................... 11
Risk Implications ................................................................................... 11
Financial Implications ............................................................................ 11
PART 4 - ASSIGNMENT OF TENANCY .......................................................... 12
Introduction ......................................................................................... 12
Assignment by Way of Exchange (Mutual Exchange) .................................. 12
Assignment in accordance with court orders ............................................. 13
Assignment to a person qualified to succeed to the tenancy........................ 14
Risk Implications ................................................................................... 15
Financial Implications ............................................................................ 15
PART 5 - Succession ................................................................................. 16
Introduction ......................................................................................... 16
Entitlement to Succeed .......................................................................... 16
Succession and Underoccupation ............................................................. 17
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Succession and Accommodation Suitable for a Person with a Disability ........ 17
Treatment of People Entitled to Succeed to a Tenancy where no Right of
Succession Exists .................................................................................. 17
Risk Implications ................................................................................... 18
Financial Implications ............................................................................ 18
PART 6 - RIGHT TO BUY............................................................................ 19
PART 6 - RIGHT TO BUY............................................................................ 19
Introduction ......................................................................................... 19
Entitlement to the Right to Buy ............................................................... 19
Processing of Applications ...................................................................... 19
Risk Implications ................................................................................... 19
Financial Implications ............................................................................ 19
Part 7 - The Right to Take in Lodgers.......................................................... 21
Introduction ......................................................................................... 21
Consent to Take in Lodgers .................................................................... 21
Risk Implications ................................................................................... 21
Financial Implications ............................................................................ 21
Part 8 - The Right to SUB LET .................................................................... 22
Introduction ......................................................................................... 22
Consent to Sub Let ................................................................................ 22
Risk Implications ................................................................................... 22
Financial Implications ............................................................................ 22
PART 9 - EQUALITIES ............................................................................... 23
Introduction ......................................................................................... 23
Procedures and Practices ........................................................................ 23
Information .......................................................................................... 23
PART 10 - PERFORMANCE MONITORING ..................................................... 24
Introduction ......................................................................................... 24
Performance Monitoring ......................................................................... 24
PART 11 - REVIEW OF TENANCY MANAGEMENT POLICY ................................ 26
PART 12 - APPROVALS .............................................................................. 27
Appendix 1 .............................................................................................. 28
Offers of Suitable Alternative Accommodation ........................................... 28
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PART 1 - POLICY BACKGROUND &
COVERAGE
Introduction
1.1
The Council aims to manage tenancies efficiently and effectively to enable
tenants to exercise their rights as introductory and secure tenants.
1.2
This policy details the arrangements for the creation of tenancies, the
ending of tenancies, the assignment of tenancies, the right to buy, the
right to take in lodgers, and the right to sublet.
1.3
All policies have been developed jointly by councillors, tenants and
members of staff.
Key Principles of the Tenancy Management Policy
2.1
The key principles of the Tenancy Management Policy are to:
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ensure that all tenancies are created correctly
ensure that tenancies are terminated correctly
ensure that tenancies are assigned correctly
ensure that tenancy succession occurs only where there is an
entitlement to succeed to the tenancy
ensure that tenants are aware of and have the opportunity to
exercise the rights granted to them when they become tenants
ensure that we fully comply with our obligations as a landlord in
carrying out our responsibilities to tenants
treat all tenants in a fair and non-discriminatory way, in accordance
with the Council’s Equalities Scheme
ensure that, where we have discretion, we exercise it in a
reasonable, fair and equitable manner.
2.2
The Strategic Head of Tenant Services will be responsible for the overall
implementation of Tenancy Management Policy.
2.3
The Council fulfils its tenancy management responsibilities through a
combination of the following policies:
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The Creation of Tenancies
The Ending of Tenancies
The Assignment of Tenancies
Succession
The Right to Buy
The Right to Take in Lodgers
The Right to Sub-Let
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Relevant legislation and regulatory compliance
3.1
The Council will ensure that it manages tenancies in accordance with best
practice and relevant policy and legislation, including the following:
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Housing Act 1980
Housing Act 1985
Housing Act 1996
Matrimonial Causes Act 1973
Matrimonial and Family Proceedings Act 1984
Children Act 1989
Civil Partnerships Act 2004
Crime and Disorder Act 1998
Anti Social Behaviour Act 2003
Equalities Act 2010
Disability Discrimination Act 2005
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PART 2 - THE CREATION OF
TENANCIES POLICY
Introduction
1.1
The Council will comply with legislation and good practice in relation to the
creation of tenancies.
Creating New Tenancies
2.1
We will offer tenancies to applicants for rehousing in accordance with our
Allocations Scheme.
Types of Tenancy
3.1
All new tenancies granted to tenants who have not previously held
security of tenure, will be introductory tenancies unless there are
exceptional circumstances where a non secure tenancy may be applied
(see 3.4).
3.2
All introductory tenants will automatically become secure tenants on the
first anniversary of the date their tenancies commenced, unless we have
either:
 commenced possession proceedings during the 12 month trial
period; or
 decided to extend the introductory tenancy for a further 6 months.
In such instances we will serve a notice of extension on the
introductory tenant at least 8 weeks before the expiry of their
introductory tenancy. The notice will advise the introductory tenant
of the reasons why we are extending their introductory tenancy
and provide them with information about their right to ask for the
decision to be reviewed.
3.3
We will encourage all married and cohabitating couples and civil partners
to enter into a joint tenancy of the property.
3.4
In some exceptional cases the Council may deem it fit to issue a non
secure tenancy (NST) if for example there has been an evidenced history
of serious anti social behaviour (ASB), or in pursuance of any function
under part V11 of the Housing act 1996
Creation of Tenancies for Persons Aged between
16 and 18
4.1
Where the successful applicant is aged between 16 and 18 years of age,
we will appoint a person to hold their tenancy on trust, until they reach
their 18th birthday. Where appropriate and practical we will involve the
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applicant in the selection of the person who will hold their tenancy on
trust, until they reach the age of 18.
Risk Implications
5.1
The failure to create tenancies in accordance with legislation and policy
will result in delays in securing possession where court action is initiated
by the Council. This will increase delays in reletting accommodation,
increase legal costs and cause damage to the Council’s reputation.
Financial Implications
6.1
The Council must be mindful of the need to ensure that its staffing levels
are sufficient to implement the Council’s policy effectively.
6.2
The Council will need to ensure that the procedures it operates ensure
that tenancies are created in the most efficient and cost effective manner
possible.
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PART 3 - ENDING OF TENANCIES
Introduction
1.1
The Council’s policy on the termination of tenancies is to fully comply with
legislative requirements, ensuring that either tenants provide the
appropriate form of notice or, where appropriate to terminate the tenancy
in accordance with a court order or, where appropriate to recover
possession of the property where we believe the tenancy has been
surrendered.
Notice to quit
2.1
We will accept the statutory four weeks notice from a tenant(s) that they
intend to end their tenancy.
2.2
The notice informing us of tenant’s intention to end their tenancy must be
in writing, and preferably signed by all tenants of the property.
2.3
On receipt of a notice to quit we will inspect the property and advise the
tenant(s) of any outstanding repairs or redecoration for which they are
responsible.
2.4
On the termination of the tenancy we will inspect the property and any
outstanding repairs or redecoration for which the former tenant(s) were
responsible will be recharged to the former tenant(s).
Joint Tenants
3.1
We will accept a notice to quit where it has been signed by all tenants who
hold the tenancy.
3.2
Where one joint tenant seeks to end the tenancy by means of the correct
notice to quit, we will investigate to establish:
 the intentions of the tenant who served the notice to quit
 whether the other tenant(s) wish to surrender the tenancy.
3.3
We will meet with the tenant who served the notice to quit to:
 discuss their reasons for serving the notice
 provide them with advice on alternative options available to them
to terminate their interest in the tenancy
3.4
Where the tenant who served the notice to quit, does not wish to
withdraw the notice, we will meet with the remaining tenant to establish
their intentions.
3.5
(a) If the remaining tenant(s) do not wish to surrender the tenancy, and
the accommodation is of an appropriate size for the remaining tenant(s),
we will assign the tenancy to them where we are satisfied that:
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 they have resided in the property for more than 12 months
 the tenancy has been conducted in a satisfactory manner.
Where a secure tenancy has been assigned in this way, the assignee
counts as a successor, and there can be no further succession to the
tenancy. Because assignment does not involve the creation of a new
tenancy, any outstanding notices will continue to apply and the assignee
will also assume responsibility for any arrears.
3.6
(b) If the remaining tenant(s) do not wish to surrender the tenancy, and
the existing accommodation is not of an appropriate size for the remaining
tenant(s), we will provide them with one offer of a tenancy in suitable
alternative accommodation1 where we are satisfied that:
 they have resided in the property for more than 12 months
 the tenancy has been conducted in a satisfactory manner.
Should the remaining tenant(s) refuse an offer of alternative
accommodation, they will be treated as unauthorised occupiers, on the
expiry of the notice to quit.
3.7
(c)If the remaining tenant(s) do not wish to surrender the tenancy, and
either:
 they have not been resident in the property for more than 12
months
or
 the tenancy has not been conducted in a satisfactory manner
we will treat them as unauthorised occupiers, on the expiry of the notice
to quit.
Joint Tenancies – Domestic Abuse
4.1
Where a tenant holding the joint tenancy of a property flees their home as
a result of domestic abuse from their spouse/civil partner/co-habitee, and
has had their application for rehousing under Part VI of the Housing Act
1996 accepted and provides us with the correct notice to quit, we will
undertake investigations into the conduct of the tenancy. Where we
consider that there is evidence to support allegation of domestic abuse we
will:
 inform the remaining tenant that notice to quit has been received
and that their tenancy will terminate on its expiry date
 where there are dependent children present in the home, refer the
case to Gloucestershire County Council’s Children’s Social Care
Department Referral and Assessment Team
 inform the remaining tenant that we are unlikely to have any
obligation to offer them alternative accommodation under the
provisions of the Housing Act 1996.
1 A definition of suitable alternative accommodation is provided at Appendix 1.
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4.2
If, following the expiry of the notice to quit, the former tenant is still in
occupation of the accommodation, we will regard them as unauthorised
occupiers and seek possession through court action.
The death of sole tenant and occupier
5.1
In the event of the death of a sole tenant, we will accept written notice
from the late tenant’s next of kin, personal representative, or executor of
the late tenant’s estate of the date that they will handover possession of
the property. This will be four weeks, unless otherwise agreed.
5.2
On recovering possession of the property we will inspect it. Any
outstanding rent liability and repairs or redecoration for which the late
tenant was responsible will be recharged to the late tenant’s estate.
Notice to quit on the Public Trustee following the
death of a sole tenant who was intestate and had
no living relatives
6.1
Where a tenant has died, and following investigations we have good
grounds for believing that they died intestate and had no living relatives,
we will serve a notice to quit on the Public Trustee.
6.2
On recovering possession of the property we will inspect it. Any
outstanding rent liability and repairs or redecoration for which the late
tenant was responsible will be recharged to the Public Trustee.
Transfer to another home owned by the Council
7.1
We will consider the acceptance of an offer of tenancy of another Stroud
District Council dwelling to be a surrender of tenancy. As the new tenancy
commences the Monday following the acceptance of the offer, we will not
require the transferring tenant to provide us with 4 weeks written notice
of their intention to end their tenancy. In such instances we will negotiate
with the tenant to agree a shorter notice period.
Execution of a Warrant of Evictions
8.1
Where we have regained possession of a property following the execution
of an eviction warrant by a Court Bailiff, we will secure the property and
inspect it.
8.2
Any outstanding rent liability (or Mesne Profit in terms of a non secure
tenancy) and repairs or redecoration for which the former tenant was
responsible will be recharged to them.
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Abandonment
9.1
Where it is brought to our attention that a property has been abandoned
by the tenant(s), we will carry out substantial investigations to satisfy
ourselves that the tenant(s), by their actions, intended to surrender their
tenancy.
9.2
Following the report of the suspected abandonment we will take action to
secure the property.
9.3
Where we are satisfied that the tenant(s), by their actions, intended to
surrender their tenancy, we will serve a notice to quit on the property and
take possession of the property on the expiry of the notice.
9.4
Any outstanding rent liability and repairs or redecoration for which the
former tenant was responsible will be recharged to them.
Risk Implications
10.1
The failure to end tenancies in accordance with legislation and policy could
potentially result in delays in securing possession, in those cases where
court action is initiated by the Council and result in possible claims for
illegal eviction. This could potentially increase delays in securing
accommodation, increase legal costs, create an entitlement to
compensation and cause damage to the Council’s reputation.
Financial Implications
11.1
The Council must be mindful of the need to ensure that its staffing levels
are sufficient to implement the Council’s policy effectively.
11.2
The Council will need to ensure that the procedures it operates ensure
that tenancies are ended in the most efficient and cost effective manner
possible.
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PART 4 - ASSIGNMENT OF TENANCY
Introduction
1.1
The Council will act in such a way as to ensure that tenants are able to
exercise their right to assign their tenancy either through exchange,
assignment to a person qualified to succeed to the tenancy or by a court
order.
Assignment by Way of Exchange (Mutual
Exchange)
2.1
Every secure tenant of the Council has the right to assign their tenancy by
means of exchange. We will provide information on mutual exchange to all
tenants and advise tenants who are considering applying to exchange
their home with another tenant that, when they assign their tenancy by
means of exchange with another tenant, they are accepting the property
in its existing condition.
2.2
Where a secure tenant(s) of the Council applies to exchange his/her/their
tenancy with another secure or assured tenant, we will only withhold
consent to the proposed exchange on one of the following grounds, as
specified in Schedule 3 of the Housing Act 1985:
 the tenant or assignee is obliged to give up possession under a
court order;
 proceedings for possession have begun against the tenant or
assignee under Schedule 2 Grounds 1-6, or a notice of seeking
possession has been served on one or more of those grounds and
is still in force;
 either:
 (i) a relevant order2 or suspended Ground 2 or 14 possession order
is in force; or
 (ii) an application is pending before any court for a relevant order,
a demotion order3 or a Ground 2 or 14 possession order4 to be
made in respect of the tenant or the proposed assignee or a person
who is residing with either of them;
A "relevant order" means:
 an injunction under section 152 of the Housing Act 1996 (injunctions against antisocial behaviour);
 an injunction to which a power of arrest is attached by virtue of section 153 of that
Act (other injunctions against anti-social behaviour);
 an injunction under section 153A, 153B or 153D of that Act (injunctions against antisocial behaviour on application of certain social landlords);
 an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998; or
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an injunction to which a power of arrest is attached by virtue of section 91 of the
Anti-social Behaviour Act 2003.
3 A "demotion order" means a demotion order under section 82A of this Act or section 6A of
the Housing Act 1985.
4 A "Ground 2 or 14 possession order" means an order for possession under Ground 2 in
Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1985.
2
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 the accommodation afforded by the dwelling house is substantially
more extensive than is reasonably required by the proposed
assignee;
 the extent of the accommodation is not reasonably suitable to the
needs of the assignee and their family;
 the accommodation was let to the tenant in connection with the
tenant’s employment, relating to non-housing purposes;
 the dwelling house was either purpose built or substantially adapted
to make it suitable for occupation by a physically disabled person,
and if the assignment were made there would no longer be such a
person residing in the dwelling;
 the accommodation is special needs accommodation, let for
occupation by persons with special needs, and if the proposed
assignment were made, there would no longer be such a person
residing in the property.
2.3
Where a tenant or assignee has breached a condition of their tenancy
agreement, such as non-payment of rent or any other condition, we will
make consent to the proposed exchange conditional on the breach being
remedied.
2.4
All tenants who apply to us to assign their property by means of exchange
will be advised in writing whether we refuse to give consent to the
assignment, within 42 days of receiving their application.
2.5
Where consent is withheld, we will advise the tenant of the grounds upon
which it has been withheld.
2.6
Where consent to the exchange is conditional on a breach of tenancy
being remedied, we will advise the tenant in writing of this and what they
have to do to remedy the breach of tenancy.
2.7
Where consent is granted to the exchange, the property will be assigned
by means of a deed of assignment signed by both parties.
2.8
Where the tenant of Council is exchanging with a tenant of another
landlord we will liaise with the landlord to ensure that the deeds of
assignment are signed by both parties at the same time.
Assignment in accordance with court orders
3.1
In the event of relationship breakdown between a married couple or civil
partners, the Court will assign a tenancy to a named individual.
3.2
We will assign both introductory and secure tenancies in accordance with
orders made under Section 24 of the Matrimonial Causes Act 1973
(property adjustment orders in connection with matrimonial proceedings),
Section 17(1) of the Matrimonial and Family Proceedings Act 1984
(property adjustment orders after overseas divorce), paragraph 1 of
Schedule 1 of the Children Act 1989 (orders for financial relief against
parents) or Part 2 of Schedule 5 of the Civil Partnerships Act 2004
(property adjustment orders in connection civil partnership proceedings or
after overseas dissolution of civil partnerships).
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3.3
We will advise the tenant who benefitted from the property adjustment
order that the tenancy has been assigned to them within 10 working days
of receipt of the court order, and in doing so we will advise them of their
rights and responsibilities, the date the tenancy was commenced, the
balance of the rent account and whether the tenancy has had any notices
served upon it which are yet to expire.
3.4
We will also write to the former tenant, advising them that their tenancy
has ended.
Assignment to a person qualified to succeed to
the tenancy
4.1
We will allow both introductory and secure tenants to assign their tenancy
to another person. We will also use the process of assignment to create a
joint tenancy from a sole tenancy. The assignment will only be made to a
person who would be entitled to succeed to the tenancy should the tenant
have died immediately before the assignment.
4.2
A person is qualified to succeed to the tenancy if he/she occupies the
dwelling house as his/her only or principal home at the time of the tenants
death and is either:
 the tenants spouse or civil partner; or
 another member of the tenant’s family and has resided with the
tenant throughout the period of the twelve months ending with the
tenants death.
4.3
In addition we will extend the entitlement to succeed to the tenancy to a
co-habitee who has lived with the tenant for a period of five years or
more.
4.4
A person is considered to be a family member if their relationship was one
of the following:
 a spouse/civil partner of the tenant
 the tenant’s parent, grandparent, child, grandchild, brother, sister,
uncle, aunt, nephew or niece.
4.5
For the purposes of this policy:
 a relationship by marriage is treated as a relationship of blood
 a relationship of half blood is treated as a relationship of whole
blood
 the stepchild of a person is treated as his or her child
 an illegitimate child is treated as the legitimate child of the mother
and reputed father
 a former foster child aged over 18 will be treated as the legitimate
child of the tenant
4.6
Tenants wishing to assign their tenancy must apply to the Council in
writing. Where we receive an application to assign a tenancy we will reach
a decision within 10 working days of receipt of all of the required
information.
4.7
We will only withhold consent on the following grounds:
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 the existing tenant succeeded to the tenancy
 the tenancy was assigned to the existing tenant
 we are in the process of taking legal action to recover possession of
the property
 the property is substantially larger than required by the assignee
 the person the tenant wished to assign the tenancy to is not a
person who would be entitled to succeed to the tenancy, if the
tenant died immediately before the assignment
4.8
In instances where we withhold consent to the proposed assignment we
will write to the tenant advising them of the decision and the reasons for
the decision. Where we refuse consent to assign the tenancy because the
property is substantially larger than required by the assignee, we will
provide them with one offer of suitable alternative accommodation.
4.9
In instances where we provide consent to the proposed assignment, we
will write to the tenant and the assignee inviting them to sign the deed of
assignment. We will advise the assignee of their rights and responsibilities
as a secure tenant, the date the tenancy was commenced and the balance
of the rent account
Risk Implications
5.1
The failure to assign tenancies in accordance with legislation and policy
could potentially result in delays in securing possession where court action
is initiated by the Council, cause confusion where the tenant has applied
for the right to buy, grant rights to those who do not have an entitlement
to succeed to the tenancy and could also potentially lead to complaints of
maladministration. This could potentially increase delays in securing
accommodation, increase legal costs, create an entitlement to
compensation and cause damage to the Council’s reputation.
Financial Implications
6.1
The Council must be mindful of the need to ensure that its staffing levels
are sufficient to implement the Council’s policy effectively.
6.2
The Council will need to ensure that the procedures it operates ensure
that tenancies are assigned in the most efficient and cost effective manner
possible.
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PART 5 - Succession
Introduction
1.1
The Council will act in such a way as to ensure that family members of
introductory and secure tenants are able to succeed to their tenancy, on
their death. We will only allow one succession of the tenancy, in
accordance with Section 87 of the Housing Act 1985.
.
Entitlement to Succeed
2.1
On being advised of the death of a tenant who doesn’t live alone, we will
undertake investigations to establish whether the right of succession
exists and whether the person/s who lived with the late tenant are
entitled to succeed to the tenancy. Succession will only be granted to
someone who is entitled to succeed to the tenancy.
2.2
A person is qualified to succeed to the tenancy if he/she occupies the
dwelling house as his/her only or principal home at the time of the
tenant’s death and is either:
 the tenants spouse; or
 another member of the tenant’s family and has resided with the
tenant throughout the period of the twelve months ending with the
tenant’s death.
2.3
A person is considered to be a family member if their relationship was one
of the following:
 a spouse or civil partner
 the tenant’s parent, grandparent, child, grandchild, brother, sister,
uncle, aunt, nephew or niece.
2.4
In addition we will extend the entitlement to succeed to the tenancy to a
co-habitee who has lived with the late tenant for a period of five years or
more.
2.5
For the purposes of this policy:
 a relationship by marriage is treated as a relationship of blood
 a relationship of half blood is treated as a relationship of whole
blood
 the stepchild of a person is treated as his or her child
 an illegitimate child is treated as the legitimate child of the mother
and reputed father
 a former foster child aged over 18 will be treated as the legitimate
child of the tenant
2.6
The late tenant’s spouse/civil partner/co-habitee will be favoured above all
others, if there is a competing claim to the succession.
2.7
The successor will in all cases be a sole tenant. If the sole tenant is the
spouse or civil partner of the late tenant they will only be granted a joint
tenancy following remarriage/civil partnership.
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Succession and Underoccupation
3.1
In instances where the successor tenant was a family member of the late
tenant (excluding their spouse/civil partner/co-habitee) and occupies a
large family house which is substantially under-occupied, we will seek
possession of the home, under Ground 16, Schedule 2 of the Housing Act
1985. In this instance we will make suitable alternative accommodation
available for the tenant, and such accommodation must be reasonable on
the grounds of the age of the tenant, their length of residence, and any
financial or other support they gave to the previous tenant, in accordance
with Ground 16, Schedule 2 of the Housing Act 1985. In such cases
proceedings for possession under Section 83 of the Housing Act 1985
must be served more than six months but less than twelve months after
the previous tenant’s death.
Succession and Accommodation Suitable for a
Person with a Disability
4.1
In instances where the successor tenant occupies accommodation which is
either purpose built or substantially adapted for occupation by a person or
persons with a physical disability, and it was let by us to someone with a
physical disability and there is now no such person in the household, we
will seek possession from a successor tenant under Ground 13, Schedule 2
of the Housing Act 1985. In this instance we will make available suitable
alternative accommodation for the tenant, and it must be reasonable on
the grounds of the age of the tenant, their length of residence, and any
financial or other support they gave to the previous tenant, in accordance
with Ground 16, Schedule 2 of the Housing Act 1985.
Treatment of People Entitled to Succeed to a
Tenancy where no Right of Succession Exists
5.1.
Where the late tenant’s spouse/civil partner/co-habitee lived, together
with the late tenant, in the home for more than 12 months, we will grant
a new tenancy in the property to them, regardless of the size of the
property.
5.2
In instances where the spouse or civil partner of the late tenant has not
lived in the home, together with the late tenant, for a period of 12 months
and the home is of a suitable size for their needs, we will grant a new
tenancy in the property to the late tenant’s spouse or civil partner.
5.3
In instances where the spouse or civil partner has not lived in the home,
together with the late tenant, for a period of 12 months and they are
under-occupying the home, we will offer them a new tenancy in suitable
alternative accommodation.
5.4.
In instances where the home is occupied by a family member who would
be entitled to succeed to the tenancy, we will grant a new tenancy to that
family member, where the following requirements are met:
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(a) the family member would be homeless if we sought possession
of the property and
(b) the late tenants’ tenancy had been conducted in a satisfactory
manner.
5.5
Where the accommodation the family member is occupying is suitable for
the needs of the family, we will grant a new tenancy in the property to the
late tenant’s family member.
5.6
In instances where the family member is under-occupying the late
tenants’ home, we will offer them a tenancy in suitable alternative
accommodation. Where that person refuses the offer of suitable
alternative accommodation, we will seek to regain possession of the
property by court action.
Risk Implications
6.1
The failure to assign tenancies to successors in accordance with legislation
and policy will result in delays in securing possession where court action is
initiated by the Council and cause confusion where the tenant has applied
for the right to buy. It could also potentially lead to complaints of
maladministration. This could increase delays in securing accommodation,
increase legal costs, create an entitlement to compensation and cause
damage to the Council’s reputation.
Financial Implications
7.1
The Council must be mindful of the need to ensure that its staffing levels
are sufficient to implement the Council’s policy effectively.
7.2
The Council will need to ensure that the procedures it operates ensure
that succession is determined and tenancies are assigned in the most
efficient and cost effective manner possible.
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PART 6 - RIGHT TO BUY
Introduction
1.1
The Council will act in such a way as to ensure that secure tenants are
able to exercise their Right to Buy, complying with the legislative
timescales set out in the Housing Act 1980.
Entitlement to the Right to Buy
2.1
When we receive a copy of the RB1 from a secure tenant we will
undertake investigations to establish whether they are entitled to exercise
their Right to Buy. We will comply with the requirements of the Housing
Act and refuse consent to:
 tenants whose tenancy is not of sufficient length to entitle them to
purchase their home
 tenants whose home is exempt from the Right to Buy
 tenants who have a possession order granted against their tenancy
 tenants who are undischarged bankrupts
 tenants who are the subject of a bankruptcy petition
2.2
All tenants who apply to exercise their right to buy will be advised
whether they have the right to buy. We will do this by sending the tenant
a copy of RTB2 within 20 working days of receipt of the RTB1 form.
Processing of Applications
3.1
Where the tenant has the right to buy, we will send them a copy of the
Section 125 notice within 40 working days of the date of the RTB2 form.
3.2
Where the tenant has failed to advise of their intentions in relation to the
purchase of their home within 12 weeks of the S.125 notice being sent to
them, we will send a further letter asking about their intentions.
3.3
Should the tenant not reply to the above mentioned letter within 28 days
we will consider that the tenant does not wish to proceed with the
application.
Risk Implications
4.1
The failure to comply with legislation and regulation relating to the right to
buy will potentially leave the Council open to claims of maladministration
and create an entitlement to compensation. This could potentially increase
legal costs and cause damage to the Council’s reputation.
Financial Implications
5.1
The Council must be mindful of the need to ensure that its staffing levels
are sufficient to implement the Council’s policy effectively.
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5.2
The Council will need to ensure that the procedures it operates ensure
that right to buy claims are administered in the most efficient and cost
effective manner possible.
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Part 7 - The Right to Take in Lodgers
Introduction
1.1
The Council will act in such a way as to ensure that secure tenants are
able to exercise their right to take in lodgers.
Consent to Take in Lodgers
2.1
Tenants wishing to take in lodgers must seek our consent prior to entering
into any arrangement.
2.3
On receipt of a written request from a tenant to take in a lodger, we will
contact the tenant within 10 working days to arrange to visit them in their
home.
2.4
When we visit we will seek information about the level of occupation in the
property, the name of the intended lodger, the anticipated length of the
arrangement and the reason why the lodger wishes to live with the
tenant. Where the tenant is in receipt of Housing Benefit we will provide
advice about how the presence of a lodger in their home will affect their
claim for benefit.
2.5
We will only withhold consent from a tenant wishing to take in a lodger,
where we consider that the arrangement will lead to overcrowding.
2.6
We will write to the tenant within 10 days of the visit to their home,
advising them whether consent has been given to their request. Where we
have refused permission to take in a lodger, we will outline the reasons
for refusing consent in our letter to the tenant.
Risk Implications
3.1
The failure to enable a secure tenant to exercise their right to take in
lodgers, in accordance with legislation and policy, could potentially result
in complaints of maladministration against the Council. This could
potentially increase legal costs, create an entitlement to compensation
and cause damage to the Council’s reputation.
Financial Implications
4.1
The Council must be mindful of the need to ensure that its staffing levels
are sufficient to implement the Council’s policy effectively.
4.2
The Council will need to ensure that the procedures it operates ensure
that tenants requests to take in lodgers are responded to in the most
efficient and cost effective manner possible.
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Part 8 - The Right to SUB LET
Introduction
1.1
The Council will act in such a way as to ensure that secure tenants are
able to exercise their right to sub let part of their homes.
Consent to Sub Let
2.1
Tenants wishing to sub let part of their homes must seek our consent
prior to entering into any arrangement.
2.2
On receipt of a written request from a tenant to sub let part of their
home, we will contact the tenant within 10 working days to arrange to
visit them in their home.
2.3
When we visit we will seek information about the level of occupation in the
property, the name of the intended sub-tenant and the reason why the
sub-tenant wishes to live with the tenant. Where the tenant is in receipt of
Housing Benefit we will provide advice about how the presence of a sub
tenant in their home will affect their claim for benefit.
2.4
We will only withhold consent from a tenant wishing to sub let part of
their home, where we consider that either the arrangement will lead to
overcrowding or where we believe the tenant intents to sub let the whole
of their home.
2.5
We will write to the tenant within 10 days of the visit to their home,
advising them whether consent has been given to their request. Where we
have refused permission to sub let, we will outline the reasons for refusing
consent in our letter to the tenant.
Risk Implications
3.1
The failure to enable a secure tenant to exercise their right to sublet, in
accordance with legislation and policy, could potentially result in
complaints of maladministration against the Council. This could potentially
increase legal costs, create an entitlement to compensation and cause
damage to the Council’s reputation.
Financial Implications
4.1
The Council must be mindful of the need to ensure that its staffing levels
are sufficient to implement the Council’s policy effectively.
4.2
The Council will need to ensure that the procedures it operates ensure
that tenants requests to sub-let are responded to in the most efficient and
cost effective manner possible.
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PART 9 - EQUALITIES
Introduction
1.1
The Council is committed to giving an equal service to all. Any action
taken under this policy will comply with current equalities legislation.
Procedures and Practices
2.1
The Council’s staff and contractors will operate in such a way to ensure
that their procedures and practices are sensitive to the needs of individual
residents and to ensure that they do not discriminate on the grounds of:







ethnicity
age
disability
religion or belief
gender
sexual preference
gender identity
Which form the seven strands of the Equalities Act 2010
2.2
Enforcement of the Tenancy Management policy will from time to time
need to be tailored to meet the needs of individuals, for example the
approach to addressing the receipt of a notice to quit from one joint
tenant may vary from case to case because of the vulnerability of the
tenant who has served the notice or the vulnerability of the remaining
tenant. All cases will be considered on an individual basis.
Information
3.1
The Council will in all reasonable circumstances make information
available in a variety of information formats, including for example:




3.2
braille
large print
audio tape
community languages
Where specialist services are required to ensure that information is
accessible to the tenant or member of their family, we will ensure that
these are made available.
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PART 10 - PERFORMANCE
MONITORING
Introduction
1.1
The Council will monitor its performance in delivering its Tenancy
Management Policy to ensure that the service is delivered effectively.
Performance Monitoring
2.1
To help achieve the Council’s aim of ensuring continuous improvement in
the services it provides and to ensure that it meets all statutory
obligations, the Council will put in place systems and processes which
allow it to monitor and evaluate performance.
2.2
The Council will constantly monitor service standards and its achievement
of targets in relation to the delivery of its Tenancy Management Policy.
2.3
The Council will continually review its services by measurement against
the performance of other social housing providers, with the aim of
achieving continuous improvement and to ensure compliance with best
practice.
2.4
The following information will be reported annually to the Housing
Portfolio Holder and the Housing Management Forum:
 the % of tenants who are satisfied with tenancy management
services
 the number of tenancies created and the proportion of those that
are:
 sole tenancies
 joint tenancies
 the number of tenancies ended and the means by which they were
ended
 service of valid notice to quit by the tenant or their
representative
 eviction
 abandonment
 the number of assignments completed and the reasons for
assignment
 by way of exchange (mutual exchange)
 court order
 to a person qualified to succeed to the tenancy
 number of tenancy successions
 the number of Right to Buy applications and completions
 number of requests to take in lodgers and number of consents
provided
 number of requests to sub-let home and the number of consents
provided
 number of breaches of conditions in period
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 number of times action has been taken to remove unauthorised
occupiers
2.5
We will ensure that appropriate performance information in relation to the
performance of the tenancy management policy is published on our
website and in the tenant’s newsletter.
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PART 11 - REVIEW OF TENANCY
MANAGEMENT POLICY
1.1
This policy will be reviewed by the Council every three years unless there
is a change in legislation or regulation.
1.2
Where there has been a change in legislation which has an impact on the
policy, the policy will be reviewed within 3 months of the legislation or
regulation coming into affect.
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PART 12 - APPROVALS
This Policy is currently in draft format subject to formal Council approval and a
period of consultation with all tenants.
Once approved, this policy will be reviewed on a three yearly basis, or sooner if
there are any changes in the relevant legislation.
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Appendix 1
Offers of Suitable Alternative Accommodation
When making an offer of suitable alternative accommodation the Council will
have regard to the following factors:
 the size of the household who are being rehoused (accommodation will
usually be offered in accordance with the criteria used in our allocation
scheme5)
 the length of residence in the property that the household is currently
occupying
 the location of the households social networks
 the need of the household to live in a particular area for employment,
caring or educational reasons
 the supply of lettings of suitable property types in areas where it is
considered reasonable that the household are rehoused in
 in the case of tenants who are successor tenants being rehoused due
to occupation of accommodation which is either substantially larger
than required or purpose built or substantially adapted for a person
with a disability, account will also be taken of the support they offered
the late tenant.
This states that:
One bedroom is required for;
 an adult couple
 a person aged 18 or over
 2 young people aged up to 18 years of age of the same sex
 2 children aged up to 8 years of age of different sexes.
An extra bedroom may be considered where a proven need is identified (e.g. medical need,
children of the same sex with an age gap greater than 10 years or shared accommodation).
Where a parent has part-time access to a dependent child or children and seeks an additional
bedroom, consideration will be given to the individual circumstances. This may include
whether there is a court order or formal custody agreement, whether the applicant is the
payee for child benefit payments, the number of children and if the children stay with the
applicant for 50% or more of the week.
5
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