Tenancy Policy
1. Policy statement
Our approach to tenancy management is one of rights and
responsibilities. We want our customers to have successful
tenancies that work for them and for us. We play our part by
providing great service and great places and in return expect
customers to work with us and meet their part of the Bromford
Deal.
Our philosophy is about changing lives and helping our customers
to be the best that they can be. Our experience tells us that
supporting customers to be self-reliant, introducing them to
opportunities and helping them achieve what they want, will not
only improve their self confidence and self-esteem but also
benefit the community they live in.
2. Contents:
The Bromford Deal
Tenancy Ready
Making an Offer of a Tenancy
Vulnerable Customers
Protected the Status of Assured Tenants
Starter Tenancies
Tenancy Reviews and Plans
3. Reference
Documents
including
links
Tenancies that Work Procedure
The Bromford Deal Info Graphic
Flow Chart – Types of Tenancies We Offer
Affordable Rents Rent Setting Policy.
4. Legislative
Requirements
including links
Bromford’s policy is to comply with The Localism Act 2011 and
The Housing Act 2004
5. Contact
For queries about this Policy please contact Darrin Gamble
The Bromford Deal
At Bromford, we are all about helping customers to be their best.
By being a Bromford customer you promise to contribute to the
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community by working, training or helping others as well as
agreeing to commitments within the tenancy agreement.
In return, we promise to provide great services, a great place to
live and if needed, some support to help customers to be their
best - this is the Bromford Deal.
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1.
Keep to all your Tenancy responsibilities; Why do we want
you to do this? Being a good tenant and neighbour will help
you to be able to stay in your home for the long term, if you
don’t follow your tenancy conditions you will put your home
at risk. Also, taking part in tenancy reviews will help us chat
through how the Deal is working out and what we both need
to do to make it work.
2.
Let us in when we need to have access; especially for our
annual property service and gas servicing. Why do we want
you to do this? Keeping your home in good repair and keeping
you and your family safe is really important to us and the law
also says that we have to do this. By being at home for
appointments you can help save time and money that we can
spend on better services and improvements to our homes.
3.
Contact us when we ask; Why do we want you to do this?
We will only contact you if we need to and by getting back to
us quickly you can help us spend more of our time and money
on better services and improvements to our homes.
4.
Look after your Home and Garden; Why do we want you to
do this? We all want to live somewhere that feels safe and
good to look at, you can play your part by looking after your
home and garden and this will help encourage more people to
take pride in our neighbourhoods. It will also mean that we
don’t have to waste money putting right damage to our
homes, which we can then spend more wisely.
5.
Take out Home Contents Insurance; Why do we want you to
do this? This is to help you - as your belongings and those of
your neighbours can get damaged in things like leaks, floods
or worse, and it’s your responsibility not Bromford’s to make
sure you can replace them. Also if the damage is so bad that
you need to move whilst repairs are carried out, your
contents insurance will cover this too.
6.
Make an effort to sort out differences with Neighbours; Why
do we want you to do this? We don’t get involved in tit for
tat arguments, it is your responsibility to talk to your
neighbours in the first instance and by doing this it means
that you are more likely to sort out any differences and we
can spend our time helping other customers who may need
more support.
7.
Agreeing to contribute to the community by either working,
being in training or helping others; Why do we want you to
do this? We want everyone to be their best and we know
from talking to other customers, how much being in work,
training or volunteering – can help - it helps boost income,
confidence and improves well-being. But we also believe in
something for something - as you are benefiting from moving
in to a social home we feel that you should give something
back to the community in return.
All of these are important in making a tenancy a success, may
form part of Tenancy Plans and will be discussed at Tenancy
Reviews and by agreeing to this we will not only help each other,
but also our community- so everybody benefits.
Tenancy Ready Induction
To help our customers commence their tenancy with the best
possible support, we will work with them before the tenancy
starts to understand how we can assist them to be as self-reliant
as possible. A range of both online and personal interactions will
be developed and tested throughout the pilot period.
The Bromford Deal applies to all of our new General Needs
customers regardless of their tenure and individual
circumstances.
Making an Offer of a
Tenancy
We have a range of different tenancy types and the Housing
Manager will make a decision about the tenancy type to be
granted after considering all of the information available to them
about the customer and their needs, in particular whether the
customer has held a tenancy before. See our Flow Chart – Types
of Tenancies We Offer.
Vulnerable Customers
The philosophy of the Bromford Deal is to help all of our
customers, particularly our vulnerable customers to be the best
that they can be. We see the use of fixed term tenancies of
differing lengths as being a means of encouraging customers to
engage with the Bromford Deal.
Our Tenancy Plans and Tenancy Reviews enable us to take into
account our customers individual circumstances and
vulnerabilities to agree milestones within a Tenancy Plan to help
them meet the Deal.
There are some groups of customers who as a condition of their
tenancy are required to engage in specific support; for example
those living within designated or purpose built supported
housing. For these customers the use of a Fixed Term or Starter
Tenancy offers no added value.
In addition we also consider customers of pensionable age and in
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receipt of a State Pension are also likely to benefit least from the
use of Starter or Fixed Term tenancies and therefore these
customers are not offered these types of tenancy.
Protecting the status of Existing Bromford Customers- with an Assured (non short-hold)
Assured (non-short-hold) Tenancy will have their tenancy status protected. This means
Tenants
that if they move to another Bromford home they will continue to
be granted an Assured (non-shorthold) tenancy. This protection
applies equally to homes let at both a Social and an Affordable
Rent.
New Customers- Who at the time of being made an offer held an
Assured (non shorthold) tenancy with another Housing
Association or Local Authority that began before 1 April 2012, will
receive another Assured (non shorthold) tenancy. However this
protection will not apply if the customer chooses to move to a
home let at an Affordable Rent, in which case they will receive a 5
Year Fixed Term tenancy.
In addition, we retain the discretion to permit the use of Assured
(non shorthold) tenancies for either new or existing customers
who are moving as a result of having been displaced due to
regeneration.
Starter Tenancies
We will use 12 month Starter Tenancies for all new customers
who have not previously held a tenancy with another Housing
Association or Local Authority. In some circumstances we may
extend the Starter Tenancy up to 18 months.
Following successful completion of a Starter Tenancy, we will use
Fixed Term Tenancies. The length of the Fixed Term tenancy (2 or
5 years) will depend on the support required to help them meet
the Deal.
Tenancy Reviews/Plans
We will review the tenancy at regular intervals, see below table
Tenancy Type
Starter
Tenancy
Process
5 Year Fixed
Term
1st Review
Month 6
2 Year Fixed
Term
Month 9
All Other
Tenancies
Month 12
Month 9
2nd Review
Additional
Risk Based if
necessary
Month 12
(12 monthly
thereafter)
Additional
Risk Based as
necessary
Annually
thereafter as
necessary
Final Review
Month 9
Month 52
Month 16
N/A
The Tenancy Review process will allow us to review with the
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customer how they are managing their tenancy and consider;
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Any support needed to help them sustain their tenancy
How we can help the customer through Connect (our online
employment training and skills service) to make a
contribution to their community that is proportionate to their
aspirations, abilities and skills
Whether this home continues to be the right home for the
customer, taking into account any changes in household
circumstances (including a tenancy fraud check). This will be
particularly important if customers are under-occupying.
The customer’s future housing aspirations and how we may
help achieve these.
Compliance with the contractual terms of the tenancy and the
Bromford Deal
Where necessary we will develop a Tenancy Plan which will
(wherever possible) be agreed with the customer and will set out
specific actions that at that point in time we can reasonably
expect the customer to achieve to meet the Deal
We will monitor and review the customer’s Tenancy Plan at
future tenancy reviews.
Risk Based Reviews
In addition to the scheduled reviews above and to help give the
customer the maximum opportunity to sustain their tenancy,
there may also be a need to carry out additional Risk Based
Reviews for a customer who for example;
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Tenancy Breach
Is experiencing difficulty managing their tenancy or,
requires ongoing support to manage their tenancy or,
has repeatedly not complied with the Deal or,
has had a significant change in circumstances
The set Tenancy Reviews will not replace the need for responsive
housing management visits such as anti-social behaviour, or
arrears and all tenancy management issues will continue to be
progressed in accordance with our existing policies and
procedures.
Possession action should continue to be sought in line with our
Policies and Procedures where necessary.
Change of Circumstances
In some circumstances the customers circumstances may change
so significantly that their home no longer continues to be the
right home for them. For example;

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The household size has changed and the property is now too
small or too large and the customers benefit has reduced as a
result or,


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The property is adapted and the household no longer require
the adaptations or,
The customer’s financial position has changed and alternative
housing options such as homeownership or market rent are
now available to them or,
The customer is struggling to afford their rent, or their rent
payments are presenting a barrier to accessing employment
In these circumstances we will encourage and support the
customer to consider a range alternative housing options.
Final Review for Starter/
Fixed Term Tenancies
We expect to renew the vast majority of our Starter / Fixed Term
tenancies with a new Fixed Term tenancy at the end of their
tenancy term. Customers will be well informed of our intentions
to do so, or not throughout the Tenancy Review process. In
making our decision we will take into account:


Firstly, whether both sides of the Bromford Deal have been
met, and
Secondly, whether the customer has engaged with us in the
Tenancy Review / Plan.
Changes in circumstances will not normally be taken into account
when deciding whether to renew a tenancy. There is however
one exception; that is if a customer’s income increases
significantly to in excess of £60k.
Case Review
If we are considering ending or extending the tenancy we will
hold a case review with the customer and a Neighbourhood
Manager. The customer may be accompanied by a friend or
advocate should they wish.
The case review will consider detailed evidence regarding the
conduct of the tenancy to determine whether there is a genuine
reason for the breach of the Bromford Deal. Where the customer
has demonstrated that they have been remedying the breach
over a sustained period of time, we may decide to grant a further
Fixed Term tenancy to the customer.
Renewal Decision
As part of either the Final Tenancy Review or the Case Review (if
applicable) we will decide if:
1. The tenancy is to be renewed and if so, the length of that
term or,
2. The tenancy is to be extended (this applies to Starter
Tenancies only) or,
3. The tenancy is to be ended at the end of the Fixed Term
Tenancy Renewal
Granting a New Tenancy
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We expect that the vast majority of tenancies will be granted for
further terms. In all instances a new tenancy agreement will
need to be signed prior to the end of the existing Starter or Fixed
Term Tenancy.
We increase all of our rents annually, however in addition all 5
year fixed term Affordable Rent tenancies will also have their rent
rebased at the end of the 5 year period see our Affordable Rents
Rent Setting Policy.
Where there are any arrears on an account the customer will be
asked to clear these in full prior to the new tenancy being
granted. Where this is not possible (and if we still intend to
renew the tenancy) there is provision within the tenancy
agreement to carry forward these arrears to the new Fixed Term
Tenancy.
Where a tenancy is to be ended, the customer will be notified in
writing of our decision and the reasons for this.
Ending the Tenancy at
the End of the Term
A Section 21 Notice will be served giving notice to end the
tenancy;
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2 months’ notice will be given to end a Starter Tenancy
6 months’ notice will be given to end a Fixed Term tenancy
Where we have started legal action to end the tenancy (due to
for example rent arrears or ASB) this action will continue and the
tenancy will be ended by whichever means ends the tenancy first.
Upon the expiry of the Section 21 notice, the customer will be
required to vacate the property. If the customer fails to vacate
the property possession proceedings will be taken to regain
possession.
Ending the Tenancy
During the Fixed Term
Neither Bromford nor the Customer is able to end a Fixed Term
tenancy before the end of the Fixed Term by using a notice to
quit. If the tenancy is to be ended during the Fixed Term this can
only be done in the following ways:
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Surrender of Tenancy – The customer must indicate in writing
that they wish to surrender the tenancy. For the surrender to
be valid it must be accepted by Bromford.
Bromford will
normally accept a surrender providing that 4 weeks’ notice
have been given and the customer allows us access to carry
out a pre vacation inspection and returns all keys to us.
Court Order – using a valid ground for possession, where
there is a serious breach of tenancy during the Fixed Term we
will pursue possession proceedings in accordance with the
relevant policy.
Abandonment- if the customer is no longer using the property
as their only principal home then the Abandoned Properties
Procedure will be followed.
For Starter Tenancies, we may end the tenancy for a serious
breach of tenancy by serving a Section 21 Notice- providing
that the S21 notice does not expire before the tenancy is a
least 6 months old. A serious breach of tenancy would be
defined as a breach of tenancy that would have resulted in us
taking possession action on any non-short hold tenancy.
Customers have the right to appeal against:
 The type of tenancy on offer if this is a 2 year fixed term
tenancy.
Appeal
Appeals must be made within 5 days and will be heard by the
Head of Neighbourhood. The appeal will consider:

If the decision to offer a fixed term or starter tenancy is in
accordance with our Tenancy Policy
The Head of Neighbourhood’s decision will be final.
Advice & Assistance
Home Options
Customer who have expressed a desire to move to another home
e.g. because of a change in circumstances will receive advice on
the housing options available to them this may include; transfers,
exchanges or home ownership for example.
All customers who are at risk of not having their tenancy renewed
at the end of the Fixed Term period will be offered housing advice
from a dedicated colleague (usually their Housing Manager).
The Localism Bill introduced a significant change to the law on
succession for Secure and Assured tenancies granted after 1 April
2012. There are two types of succession;
Succession
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
Statutory succession- this applies when a sole tenant, who is
not a successor, leaves a spouse or civil partner (or the
common-law equivalent) who resides at the premises at the
time of the tenant’s death.
Discretionary Succession – these rights will apply in
accordance with our Death of a Tenant Procedure, where in
any case where a sole tenant dies and there is no one entitled
to a statutory succession the tenancy can pass to a family
member providing that they satisfy the criteria set out in our
Succession Policy.
For tenancies granted prior to 1 April 2012, succession rules are
unchanged.
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