Agenda item

(Director of Housing) To consider the attached report.

The Panel received a report from the Assistant Director of Housing (Operations) regarding the Tenancy Policy.

Under the Localism Act 2011, housing providers were granted additional powers enabling them to make decisions locally about the management of social housing. Providers had the options of using Flexible Tenancies, which in most cases must be for a minimum period of 5 years or a minimum of between 2 and 5 years in exceptional circumstances. Flexible tenants had the same rights generally as secure tenants, with some exceptions.

On expiry of the fixed term, the tenant would be assessed against an agreed Assessment Criteria determining whether a further tenancy would be granted. On a tenancy not being offered, there was a requirement to provide the tenant with housing advice and assistance.

The Localism Act 2011 required local authorities to publish a Tenancy Strategy which must set out the matters to which registered providers were to have regard in formulating their polices. The Cabinet had adopted the Council’s Tenancy Strategy in October 2012. Additionally, all registered providers were required to publish and be responsible for their own individual Tenancy Policy, which set out:

(a)        The kinds of tenancies granted

(b)        Circumstances where a tenancy of a particular type would be granted and the length of the term

(c)        Circumstances where a term of less than 5 years would be granted

(d)        Circumstances where another tenancy would be granted on expiry on the same or another property

(e)        How applicants/tenants could appeal against the length of the Flexible Tenancy or the decision not to grant a further tenancy

(f)         Taking account of the needs of vulnerable people

(g)        Provision of housing advice and assistant if another tenancy was not granted at the end of the term

(h)        Discretionary succession rights

It was advised that the Housing Portfolio Holder recently held informal discussions with Cabinet Members about the way forward on Tenure Reform. This was considered essential as it gave guidance on how Cabinet Members felt the scheme should be drafted potentially saving a great deal of officer time. As a result the Portfolio Holder made a formal decision based on the Cabinet’s initial views on the general approach to be adopted, and that the tenancy policy should be drafted on the basis of the following principle subject to the views of the Panel:

(i)         That a Pilot Scheme for Flexible Tenancies be introduced as soon as possible, with these being granted to all new tenants who signed up to a tenancy of a property of three bedrooms or more for a fixed term of 9 years.

(ii)        Flexible Tenancies should include in their term on introductory period of 12 months.

(iii)       The Localism Act removed the “Right to Improve” for flexible tenants, but gave councils powers to continue granting this right if it wished, it was felt this right should be granted through the Tenancy Agreement, but the “Right to Compensation for Improvements” should not be considered after the 12 month review.

(iv)       Financial incentives under the Housing Allocations Scheme for Council tenants to transfer to smaller accommodation should apply to Flexible Tenants during the term, but only within the first 5 years.

(v)        The draft Assessment Criteria used at the end of the Flexible Tenancy term assessing eligibility for a further Flexible or Secure Tenancy of the same or another property, should include that a further tenancy would not be granted if the tenant had committed serious acts of Anti-Social Behaviour, or other serious breaches of tenancy conditions including significant rent arrears. Furthermore, if the tenant was under-occupying or statutorily overcrowded at the accommodation, then a further Flexible or Secure Tenancy as appropriate, should be offered on alternative suitable accommodation, provided all of the other requirements of the agreed Assessment Criteria were met.

(vi)       If an empty property had been extensively adapted and there was an applicant on the Housing Register who was in need of the adapted accommodation, then a further Flexible or Secure Tenancy of an alternative suitable property should be offered, provided all of the other requirements of the agreed Assessment Criteria were met.

(vii)      At the end of the Flexible Tenancy term, where there were special circumstances including, active foster carers or where a tenant or members of their household had a terminal illness or a disability, a further Flexible Tenancy term of between 2 years and 9 years should be granted, in order for the special circumstances to be monitored and re-assessed.

Members requested recommending to the Cabinet that Section 7 of the Draft Tenancy Policy, “Circumstances where a tenancy of a particular type will be granted and the length of the term,” (paragraph 7.3) Flexible Tenancies should include the Right to Compensation in the Tenancy Agreement for making improvements.

It was advised that the report recommending adoption would be submitted to the Cabinet in April 2013.

The Housing Portfolio Holder had already agreed that this Panel should be asked to review the success of the Pilot Scheme after 12 months of commencement and submit a report to the Cabinet on its review particularly considering:

• Whether to discontinue, continue or extend the scheme to include 2 bedroom properties.
• Whether in future to means test tenants as part of the Assessment Criteria at the end of the Flexible Tenancy period.

RECOMMENDED:

That the draft Tenancy Policy be recommended to the Cabinet for adoption, subject to the views received from the Consultation Exercise.