Agenda item

(Director of Communities) To consider the attached report.

The Panel received a report regarding a Review of the Tenancy Policy from the Director of Communities.

Under the Localism Act 2011 registered housing providers were granted additional powers allowing for local decisions on the management of social housing. This included enabling providers of social housing with the option to use flexible tenancies for a minimum period of 5 years. 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 a further tenancy should be granted. If another tenancy was not offered, there was a requirement to provide the tenant with advice and assistance.

The Cabinet adopted the current Tenancy Policy with effect from 1 September 2013 further agreeing that the Housing Scrutiny Panel review the success of the Pilot Scheme to grant Flexible (fixed-term) tenancies on all properties of 3 bedrooms or more, after 12 months of commencement.

Extending Flexible (fixed-term) Tenancies

The Housing Portfolio Holder had held informal discussions with Cabinet Members on the 12 month review. As a result, the Portfolio Holder made a formal decision that he was minded that Flexible (fixed-term) Tenancies should continue for a fixed term of ten years, but that the Council’s Tenancy Policy should be amended with Flexible (fixed-term) Tenancies being extended to include all Council re-let properties, except sheltered accommodation.

It was noted that if Flexible (fixed-term) Tenancies were extended to include all properties, this may discourage some tenants from transferring or down sizing accommodation as they would have to enter into a new Flexible (fixed-term) Tenancy and would no longer have a Secure (Lifetime) Tenancy. Therefore, it was suggested that, in addition to Pre-Localism Act tenant protection, whereby they were granted Secure (Lifetime) Tenancies for one move only when transferring, all existing Post-Act Secure (Lifetime) Tenants should also be protected in the same way.

Following discussion on this particular issue by the Panel there was mixed feeling regarding the effects of extending flexible tenancies, the Chairman was concerned about the need to preserve mixed social housing with different income groups living next to each other. However the Panel supported extending flexible tenancies.

Means Testing tenants as part of the Assessment Criteria

Under the review of the Housing Allocations Scheme, officers were recommending that where any lead applicant/s whose gross annual household income exceeded £76,000 they would not qualify to join the Council’s Housing Register.

It was recommended that for consistency, there should be an additional requirement under the Assessment Criteria which determined whether at the end of the fixed-term, if a further tenancy should be granted. The additional requirement would be that, generally, a further tenancy would not be granted if the tenant/s annual household income exceeded any financial criteria adopted for admission to the Housing Register (currently proposed at £76,000) at that time. The Panel supported this recommendation.

RECOMMENDED:

(1)  That the 12 month Review of the Tenancy Policy be recommended to the Cabinet for approval with the following amendments:

(a)  That the Council’s Tenancy Policy be amended with Flexible (fixed-term) Tenancies being extended to include all Council properties apart from sheltered and grouped dwelling schemes;

(b)  That the Assessment Criteria used to determine whether or not a further flexible tenancy should be granted at the end of the fixed term includes;

(c)  That, generally a further tenancy would not be granted if the tenant/s annual household income exceeded any financial criteria adopted for admission to the Housing Register (currently proposed at £76,000) at that time;

(d)  That following the agreed amendments being incorporated, a consultation exercise be undertaken with the Tenants and Leaseholders Federation, Registered Social Landlords operating in the District, Local Councils and partner agencies with an interest in the policy;

(e)  That following the consultation exercise, the Housing Scrutiny Panel submit a report on the amendments to the Cabinet for consideration; and

(f)    That the revised Tenancy Policy comes into force on the same date as the revised Housing Allocations Scheme being 1 July 2015.