Agenda item

(Director of Housing) To consider the attached report.

The Panel received a report from the Assistant Director of Housing (Operations), Housing Options Manager and Area Housing Manager (North) regarding the draft Conditions of Tenancy.

At its meeting on 15 April 2013, the Cabinet adopted the Council’s new Tenancy Policy. Under the Localism Act 2011 providers of social housing had the option of using Flexible Tenancies which in most cases must be for a minimum period of 5 years or between 2 and 5 years in exceptional circumstances. Flexible Tenants generally enjoyed the same rights as secure tenants, including the Right to Buy subject to the current qualifying criteria.

On expiry of the fixed term, the tenant would be assessed against an agreed Assessment Criteria to determine whether or not a further tenancy should be granted, either of the same or another Council property. If another tenancy was not offered, there was a requirement to provide the tenant with advice and assistance. It was noted that sheltered housing tenants must be provided with Secure Tenancies in accordance with the Act.

The Cabinet had previously agreed that the Council should introduce a Pilot Scheme for Flexible (fixed term) Tenancies, to be granted to all new tenants who signed up to the tenancy of a property of three bedrooms or more for a fixed term of 9 years. Flexible tenancies would include an additional introductory period of 12 months resulting in a 10 year fixed term.

The Panel had been asked by the Cabinet to review the success of the Pilot Scheme after 12 months of commencement and submit a report to the Cabinet on its review including to consider:

(a)        Whether to discontinue, continue or extend the scheme to include 2 bedroom properties; and

(b)        Whether in future to means test tenants as part of the Assessment Criteria at the end of the Flexible Tenancy period.

The Cabinet had also agreed the new Housing Allocations Scheme at the same meeting and agreed that the new Scheme would be implemented from 1 September 2013. It was therefore necessary for the Council to have a new Flexible Tenancy Agreement in place by 1 September 2013 as well.

Officers had undertaken a detailed review of the tenancy conditions relating to the Council’s current Standard Tenancy Agreement. As the new agreement would have a bearing on the work of officers across the Housing Directorate, the opportunity had been taken to use the exercise as a Staff Development Project. As part of their personal development, two officers involved had been selected to present the proposed changes to the tenancy agreement to the Panel.

In order for generally the same Conditions of Tenancies to be applied to both Flexible Tenants and Secure Tenants in the future, it was proposed that the Council formally varied the Standard Tenancy Agreement for all existing and future Secure Tenants in accordance with the requirements of Section 102 of the Housing Act 1985.

The proposed Conditions of Tenancy had been considered by an external Legal Advisor being a QC in housing law. The Legal Advisor had stated in summary that the Tenancy Agreement was legal and complied with the Unfair Terms in Consumer Contracts Regulations 1999 and the Guidance on Unfair Terms in Tenancy Agreements 2005. The following suggestions were made by the Panel:

(i)         Under Paragraph 16.6 of the draft Conditions of tenancy, members proposed a list of suitable trees that would be suitable for planting in tenants’ gardens be included in the Tenants Handbook. It was also requested that tenants should be made responsible for the upkeep of any trees in their gardens. It was further proposed that the requirement for tenants to seek consent to plant any tree be removed.

(ii)        Under Paragraph 12.5 the Panel disagreed with the view of the Tenants and Leaseholders Federation and agreed that this closure should be left as drafted with tenants needing to obtain the Council’s consent before installing laminate flooring or similar.

(iii)       Under Paragraph 14.4 the panel asked for disabled parking bays to be included.

(iv)       Under Paragraph 16.5 the Panel asked for “….except in certain specific circumstances as determined by the Council” to be added at the end.

(v)        Under Paragraph 16.7 it was agreed to amend in accordance with the views of the Tenants and Leaseholders Federation.

(vi)       Under Paragraph 16.8 include recycling.

(vii)      The Panel proposed that Section 19 should be a series of sub headings making it clearer that were all the Council’s obligations.

(viii)      Under 24.1, add in first line “the Council” not being liable.

Since two meetings of the Cabinet had been scheduled for July 2013, the Housing Portfolio Holder asked that this report be put before the first Cabinet meeting scheduled for 22 July, which the Panel agreed to.

RECOMMENDED:

(1)        That a report be submitted to the 22 July 2013 Cabinet meeting recommending the following:

(a)        That the draft Conditions of Tenancy apply to all new Flexible (fixed term) tenancies from 1 September 2013;

(b)        That the Council undertakes a consultation exercise with all existing Secure Tenants on a proposal to vary its Standard Tenancy Agreement for all existing and future Secure Tenants, in accordance with the requirements of Section 102 of the Housing Act 1985, with the draft Conditions of Tenancy relating to Flexible (fixed term) Tenancies generally also applying to all existing and future Secure Tenancies;

(c)        That the Director of Housing be authorised to serve a Preliminary Notice on all Secure Tenants on the proposed Standard Tenancy Agreement Conditions explaining their effect, stating the Council’s intention to serve a Notice of variation and inviting comments within 28 days; and

(d)        That, after receiving comments from tenants, a report be submitted to the Cabinet on the responses received to the Preliminary Notice prior to the adoption of the new Standard Tenancy Agreement by the Cabinet and the Notice of variation being served.