Policies

Tenancy Management Policy

1. Summary
   1. The Tenancy Standard of the regulatory framework (April 2016) requires Registered Providers (RPs) to publish clear and accessible policies which outline their approach to tenancy management, including interventions to sustain tenancies and prevent unnecessary evictions, and tackle tenancy fraud.
   2. This policy will demonstrate how SHAL will provide a flexible, effective and efficient tenancy management service that reflects best practice, complies with legislation and recognises the rights of our tenants.
   3. It will set out SHAL’s position with regards to tenancy changes, for example the succession to and assignment of a tenancy, and when it is necessary to create a joint or a sole tenancy.
2. Objectives
   1. The key objectives of this policy are:
      1. To meet the legal and regulatory requirements relating to management of tenancies
      2. To provide advice and assistance to tenants to help them to sustain their tenancy
      3. To promote and facilitate the use of mutual exchanges as a tool for social mobility
      4. To reduce tenancy fraud and subletting within our homes
      5. To ensure tenants are aware of their rights and responsibilities under the terms of their tenancy agreement
      6. To set out SHAL’s position with regards to tenancy changes, for example, succession, exchange, changing from sole to joint tenancy and vice versa
3. Details
   1. SHAL tenants will enjoy security of tenure and will be issued with an assured tenancy, following the successful completion of a 12-month Starter Tenancy (see Tenure Policy). The tenancy agreement sets out certain standards that a tenant may expect from SHAL and certain standards that SHAL may expect from the tenant, their family and visitors.
   2. SHAL is committed to working to ensure that all tenants and residents are treated fairly, and that due regard is given to current legislation, regulation and best practice when dealing with requests for a tenancy change.
   3. We must be satisfied that in giving permission for changes to existing tenancies the occupants are not receiving unfair advantage over other people awaiting rehousing and that we are maintaining the best use of our housing stock.
   4. If there are rent arrears outstanding or any breach to the existing tenancy conditions, then tenants will be advised to remedy these before any request to change the tenancy will be considered.
   5. All requests to change tenancies must be made in writing. Changes to tenancy include the following:
      1. Succession
      2. Under the terms of The Housing Act 1985, there is one statutory right of succession to a surviving spouse or civil partner, living in the property as their main or principle home at the time of the tenant’s death. The definition of spouse in this context includes persons who have been living together as husband and wife or civil partners. There can be no further succession if the deceased tenant was a successor themselves.
      3. SHAL will manage all applications for succession sensitively and efficiently and will grant succession to a person with a statutory right to succeed a tenancy.
      4. Where there is a joint tenancy and one of the joint tenants dies, the surviving joint tenant will automatically succeed the tenancy (this is called Survivorship). The joint tenant continues as the sole tenant and takes over all rights and obligations (including any rent arrears) of the tenancy.
      5. SHAL tenancy agreements allow, at our discretion, the possibility of succession for a family member to succeed the tenancy.
      6. SHAL will interpret this discretion to consider allowing a family member to succeed, as if they had a right to succeed a tenancy under The Housing Act 1985 i.e. they must be a member of the deceased tenant’s household and resided there for 12 consecutive months prior to the death of the tenant.
      7. Tenants who have already succeeded to a tenancy will have no legal right for any further successions.
      8. SHAL will require evidence for all succession requests to confirm the identity of the person claiming succession, their relationship to the deceased tenant, the length of residence with the tenant and for non-EU citizens, their immigration status and entitlement to social housing.
      9. If a succession would lead to under occupation as determined by SHAL’s allocations policy, we will work alongside the successor and identify reasonable alternative accommodation in our own available housing stock, or by working with the District Council and the Homefinder Choice Based Lettings system.
      10. Assignment – where a tenancy can be legally transferred from one person to another.
      11. Mutual Exchange – where tenants of SHAL exchange homes and tenancies with a tenant or tenants of SHAL, another housing association or a local authority. Exchanges can only take place between social housing tenants. See Mutual Exchange policy.
   6. SHAL’s housing officers will routinely visit SHAL’s homes to ensure that tenancy conditions are being met and that homes are occupied by the correct people named on the tenancy agreement.
   7. Any difficulties around accessing a home will be responded to as a potential breach of the tenancy agreement. We will look to remedy this breach with a Notice of Seeking Possession if necessary and will always look to complete a full property inspection when access is granted.
   8. Further details and instructions on how to carry out the above tenancy changes can be found in the guidance notes and procedure documents which accompany this policy.
   9. The Housing Manager will oversee the implementation of this policy to ensure that it is compliant with current regulations, best practices and it that it is implemented in a fair and transparent manner.
4. Outcomes
   1. Tenants will have the correct tenancy which meets their needs and terms of occupation which are compatible with the purpose of the accommodation, the needs of individual households, the sustainability of the community, and the efficient use of SHAL’s homes.
   2. Tenants will clearly understand their rights and responsibilities under their tenancy agreement and SHAL will be satisfied that its homes are occupied in accordance with tenancy conditions.
5. Consultation
   1. A draft copy of this policy will be available on our website to allow members of the public an opportunity to comment on its contents prior to being submitted for approval by SHAL’s board.
   2. All tenants will be contacted by text to tell them of its availability online and a draft copy will also be made available on request.
   3. SHAL’s tenant scrutiny panel will also be invited to review the policy and suggest any comments and amendments prior to the policy being approved by the board.
6. Equality and Diversity
   1. SHAL celebrates diversity and recognises the needs of a diverse population. This policy will be applied in a way which complies with our own Equality and Diversity Policy, which states that we will not discriminate on grounds of age, disability, gender reassignment, sexual orientation, marriage and civil partnership, pregnancy and maternity, race, religion and belief and gender.
   2. The policy will also comply with the Human Rights Act 1998, and Equalities Act 2010.
   3. SHAL works closely with its partners and other agencies to ensure it has a clear understanding of its resident community with clear regularly updated service user profiles.
7. Value for Money
   1. SHAL is committed to delivering excellent services which offer value for money. This policy aims to achieve this by ensuring tenants understand their rights and responsibilities under their tenancy agreement leading to more efficient tenancy management.
   2. The policy also ensures changes to tenancy are made in the correct way, leading to less problems and complaints later.
8. Owner
   1. Housing Manager
9. Versions and Revisions
   1. This policy will be reviewed every 2 year(s)
   2. Revisions