Tenancy strategy
This Tenancy Strategy outlines Tonbridge and Malling’s position on the types and use of tenancies for social housing in the Borough. Registered Providers must have regard to this Strategy when developing their policies and approach to the tenure and rents for stock in the Borough.
Section 150 of the Localism Act 2011 requires local authorities to prepare and publish a Tenancy Strategy setting out matters providers of social housing are to have regard in formulating policies relating to:
- The types of tenancy they will grant
- When a type of tenancy will be granted
- The length of fixed term tenancies
- The expectations about reviewing fixed term tenancies and the circumstances when another tenancy will be granted on the expiry of a fixed-term tenancy.
Aims:
- Outline the Council’s view on the types and use of tenancies for social housing, informing the approach of Registered Providers in the Borough.
- To ensure a consistent approach to the types of tenancies issued across all providers of social housing
- To ensure tenancies provide the right level of stability for households and support sustainable communities.
Tenancy types and length
Starter/introductory tenancies
Providers must be clear to prospective tenants about the type of tenancy they will be granted at the end of the Starter/Introductory period, their rights and responsibilities during the Starter/Introductory period, the process at the end of the period including reasons a tenancy may not be converted or issued.
Providers should use the starter/introductory period to identify any issues that affect tenancy sustainment and work with the tenant to resolve them.
Starter /Introductory tenancies may be extended if there are serious tenancy breaches during the starter period, for a maximum of 6 months. Providers need to ensure the tenant understands the reasons for an extension and agree a plan to resolve any issues, with a view to issuing a more secure tenancy at the end of the extension period to prevent homelessness.
Starter/Introductory tenancies should not be used for existing tenants, including tenants transferring from another social home or moving through a mutual exchange.
Lifetime tenancies: secure and periodic assured tenancies
The Council encourages all providers of social housing to use secure or assured tenancies to help build successful and sustainable communities through enabling residents to settle in their home and establish social networks.
Fixed term tenancies
The Council appreciates Registered Providers may choose to use fixed term tenancies. Where fixed term tenancies are used the primary objective should be to enable the best use of available housing in terms of under occupation and adaptations.
Fixed term tenancies should be for a minimum of five years, with longer fixed terms considered where a household’s circumstances are unlikely to change over time, for example, households with young children or people with long term health conditions.
Shorter term tenancies, i.e. two years, should only be used in exceptional circumstances (for example when accommodation is linked to specific criteria or is planned for redevelopment) and should be discussed with the Council on a case by case basis.
All prospective tenants should be given clear information about the type of tenancy being offered, the reasons for this and how the tenancy will be reviewed, at the point of signing a tenancy agreement.
Registered Providers need to include information explaining the review process for fixed term tenancies in their Tenancy Policy.
The Council expects fixed term tenancies to be re-issued at the end of the term unless there is a change of circumstances or serious tenancy breach as defined in the relevant Registered Provider’s Tenancy Policy.
Tenancy reviews and any related possession action need to include engagement with other agencies to meet the household’s needs where appropriate, for example, social services.
Support, information, and advice must be provided to tenants to help them understand their housing options at the end of the fixed term and enable them to move on to suitable housing. Registered Providers should consider extending a tenancy until alternative suitable accommodation can be found if necessary.
Decisions to end a fixed term tenancy should be proportionate and tenants must be provided with clear, accessible information about the internal appeal process.
Registered Providers must inform the Council’s Housing Solutions team when a decision has been taken to end a tenancy, in accordance with the Homelessness Reduction Act (2017). Early engagement with the
Council and other agencies is important to enable joint working to prevent homelessness and any other negative outcomes.
Licences: non-secure tenancies and excluded licences
The Council has accommodation for use as Temporary Accommodation (TA) to accommodate households being assisted under Part 7 Housing Act 1996. The Council will only issue licences in relation to emergency or temporary accommodation.
Excluded licence agreements are issued to households accommodated while enquiries are made into what duty is owed under homelessness legislation. Where a main housing duty is owed weekly periodic non-secure tenancies are issued for temporary accommodation provided.
Existing and transferring tenants
Registered Providers must ensure existing tenants understand any changes to security of tenure, tenancy security and rights (such as RTB) and rent when they are moving to another property.
Registered providers should consider granting a tenancy with the same security of tenure and rent as the tenancy they are giving up through, even if they are not legally required to.