Agenda item

Tenancy Policy – Housing Specialist, Stephen Boland

Update on the Tenancy Policy attached with the agenda, key points stated were;

·       We have been operating our current tenancy policy for the last 5 years with no major changes to the County wide policy since last reviewed. The Somerset policy sets up rules and conditions for tenancies and we have to make sure that our council fits within this County wide strategy;

·       Tenancy policies for new tenancies – Introductory tenancy introduced in 2015 which is a starter tenancy with slightly less rights attached to it making sure that tenants get off to a good start with managing their tenancy well and conducting themselves in a tenant like manner. These tenancies have a 12 month duration which can be extended up to 18 months. This is an automatic roll on to a secure tenancy on successful completion of the introductory period. There are currently 214 introductory tenancies in progress at present with only a few being rolled over as they did not meet all the conditions. There have been very few evictions within this period;

·        Secure tenancy agreement – This agreement is the best option for tenants and has more rights attached to it through legislation with the added option of Right to Buy. The policy gives us the option to apply to the courts for demoted tenancy which prevents nuisance and allows the secure tenancy to be demoted to a demotion tenancy, which the judge sets out the period of demotion. If a tenant breaches this order, we go back to court and the tenant has less rights to defend those proceedings so if you have to go back to court the resolution means that tenants do not have to go back through a whole court process, it is a mandatory granting of possession. This is an option in our anti-social tool kit;

·       Non secure tenancy agreement – these tenancies do not have the same security of tenure or rights as those set out in secure tenancies;

·       Licenses or forms of agreement – we offer licences or forms of agreement for example , where a decant property is made available to a secure tenant who has to move temporarily to have works carried out;

·       Mutual exchange – a secure or assured tenant has the right to exchange their tenancy with another secure or assured tenant, subject to the written consent of his/her landlord;

·       Tenancy succession - Existing SWT secure tenancies that commenced from the date of the introduction of this policy will only allow there to be one statutory right of succession to a spouse or civil partner or a member of the deceased tenant’s family, limited to son or daughter only;

·       Redevelopment or major works - Tenants who have been moved into alternative accommodation during any redevelopment or other major works will be granted a tenancy with no less security of tenure on their return to settled accommodation;

Comments from group members included;

·       Please can you clarify the status of the person who is downsizing? If you are an existing tenant and then you move to another one of our properties you will retain your security of tenure;

·       If you move from a Housing Association to a council property why do they not have an introductory tenancy as I feel they should do? The process for mutual exchange is very thorough. If this is a mutual exchange we need to perform the necessary checks as a landlord to see if we want to accept them as tenant of ours. There a number of grounds for refusal of a mutual exchange, one being if their behaviour does not comply with our policies. Housing Associations work on the same policies;

Resolved that – the group recommended the Policy.