Agenda item - Review of the Housing Tenancy Policy

(Housing Portfolio Holder) To consider the attached report (C-068-2014/15).

(1) That, as recommended by the Housing Scrutiny Panel in its report (C-068a-2014/15) and subject to the proposed changes attached at Appendix 2 of the report, Flexible (fixed term) Tenancies be continued with a fixed term of 10 years, including the Introductory Tenancy period;

(2) That the following amendments be made to the Council’s Tenancy Policy:

(a) Flexible (fixed-term) Tenancies be extended to all Council properties excluding sheltered accommodation and grouped dwelling schemes;

(b) all existing Post-Act Secure (lifetime) Tenants be granted Secure Tenancies when downsizing Council accommodation (for one move only) and afforded the same protection as all Pre-Localism Act Tenants; and

(c) the following requirement be added under the Assessment Criteria which would apply to all new Flexible (fixed-term) Tenancies granted from the date the revised Tenancy Policy came into force:

(i) a further tenancy (Flexible or Secure) would not generally be granted where, in accordance with the Council’s Housing Allocations Scheme (in force on the date the Six Months Notice was served), the Flexible (fixed-term) Tenant, in the opinion of the Council, had sufficient income and/or assets to enable them to meet their housing need themselves;

(3) That, following a consultation exercise, the comments of the Tenants and Leaseholders Federation, partner agencies, Parish and Town Councils and partner Registered Providers be noted, and the Officer responses be agreed, as set out at Appendix 2 of the report;

(4) That the revised Tenancy Policy be adopted and implemented on 1 July 2015; and

(5) That the Tenancy Policy be reviewed again after two years of operation with the reviewed Policy implemented on 1 April 2018.

The Chairman of the Housing Scrutiny Panel presented the Panel’s report on the review of the Housing Tenancy Policy.

The Chairman reminded the Cabinet that, under the Localism Act 2011 and the Homes and Communities Agency’s Regulatory Framework for Social Housing in England, Registered Providers (predominantly, but not exclusively, housing associations and local authorities) had to publish a Tenancy Policy setting out clear and accessible policies that outlined their approach to tenancy management, including interventions to sustain tenancies, the prevention of unnecessary evictions and tackling tenancy fraud.

The Chairman stated that the Council’s current Tenancy Policy came into force on 1 September 2013. Under the Policy, the Council used its powers to introduce a pilot scheme to grant Flexible (fixed term) Tenancies on properties comprising 3 or more bedrooms. At the request of the Cabinet, the Housing Scrutiny Panel reviewed the success of the Pilot Scheme, after 12 months of commencement, with a view as to whether the Pilot Scheme should be discontinued, continued or the scheme extended to include 2 bedroom properties; and whether to means test tenants in future as part of the Assessment Criteria at the end of the Flexible Tenancy period.

The Chairman reported that the Scrutiny Panel considered a report on the proposed revised Tenancy Policy, which had been drafted by Officers following discussions by the Housing Portfolio Holder with his Cabinet colleagues, at its meeting held on 21 October 2014. The Panel felt that Flexible (fixed term) Tenancies should continue and be for a fixed term of ten years, including the Introductory Tenancy period. In addition, Flexible Tenancies should be extended to include all Council properties, with the exception of sheltered accommodation and grouped dwelling schemes. As this could potentially deter some Secure (lifetime) tenants from transferring to smaller accommodation, it was proposed that such tenants be granted a Secure tenancy for one move only.

In respect of whether tenants should be means tested at the end of a Flexible Tenancy period, the Chairman informed the Cabinet that the Panel had noted a proposal for the revised Housing Allocations Scheme whereby applicants with income and assets in excess of £76,000 per annum would not qualify for a place on the Council’s Housing Register. For consistency, the Panel was of the opinion that a similar requirement should be added to the Tenancy Policy and applied to all applicants at the end of their Flexible Tenancy.

The Chairman of the Housing Scrutiny Panel commended the revised Housing Tenancy Policy to the Cabinet for adoption.

The Housing Portfolio Holder added that a consultation exercise had been undertaken on the revised Housing Tenancy Policy, as proposed by the Scrutiny Panel, with the Tenants & Leaseholders Federation, partner agencies, Town and Parish Councils, and the Council’s Registered Provider partners. Appendix 2 to the covering Cabinet report had detailed the comments received, as well as the responses of Officers. It was suggested that the revised Housing Tenancy Policy became effective on the same date as the revised Housing Allocations Scheme, this being 1 July 2015.

The Cabinet welcomed the revised Housing Tenancy Policy, and in particular the means testing of tenants at the end of their Flexible tenancy. It was right for the Council to assist and encourage those tenants who could afford to meet their housing need in private sector as this would leave the Council’s accommodation for those residents who could not afford other housing. It was noted that there was no planned review date for the proposed Policy and it was proposed that the Tenancy Policy should be reviewed after two years of operation as per the revised Housing Allocations Scheme.

Decision: