A housing management inbox. Gail Sykes Partner and Head of Social Housing Buckles Solicitors LLP

Size: px
Start display at page:

Download "A housing management inbox. Gail Sykes Partner and Head of Social Housing Buckles Solicitors LLP"

Transcription

1 A housing management inbox Gail Sykes Partner and Head of Social Housing Buckles Solicitors LLP

2 The non-successor Entitlement to succeed? One succession only, death of joint tenant counts as a succession Secure and assured tenancy agreements pre and post 1 April 2012 Quality and length of occupation the burden is with the would-be successor Automatic vesting v contractual rights No succession? serve NTQ on Personal Representatives of the late tenant and Public Trustee Issue claim against Personal Representatives and the non-successor occupier (proportionality as a minimum comply with Part 3 of the Protocol) Follow policy to avoid challenges Post Housing and Planning Act a lesser successor for LAs

3 Non-successors: recent case law Haringey LBC v Simawi [2018] In 2001 Mr Samawi s mother succeeded to a secure tenancy which had originally been granted in the sole name of her husband/mr Simawi s father Mr Samawi s mother died in 2013 he applied to have the tenancy transferred to him stating that he had lived there for over 10 years As there had already been a succession the Local Authority issued possession proceedings Mr Samawi defended the proceedings claiming: Haringey had failed to follow its own policy on non-statutory successions The prohibition on second successions was discriminatory as someone whose parents had died had his parents divorced and an order been made under the Matrimonial Causes Act 1973 or the Family Proceedings Act 1984, he would have been entitled to succeed

4 Haringey LBC v Simawi [2018] Mr Simawi s defence succeeded in so far as the Court found that the Local Authority had not followed its own policy A hearing is to take place in relation to the second limb of the defence

5 Pavey v Hackney LBC [2017] Case of non-succession Service of NTQ on the Personal Representatives of the deceased and a copy of it to the Public Trustee required Hackney served NTQ on PRs and then 17 months later on the Public Trustee, before issuing possession proceedings Hackney relied on a saving clause in the NTQ in relation to the expiry date of the notice the DJ found that the saving clause was triggered at the point of service on the public trustee The tenancy terminated 28 days after service on the Public Trustee Mr Pavey appealed

6 Pavey v Hackney LBC [2017] Jan Luba sitting as a Circuit Judge on appeal (decision not binding but persuasive) The Public Trustee was notional tenant of the property The notice was void for uncertainty as the dates for termination of the tenancy differed in relation to that served on the PR s and that served on the Public Trustee

7 A possession claim Considerations pre-action Does the tenant have capacity in Court? Is possession sought on mandatory grounds? Consider Possession Claim Protocol and review procedures. Does policy/the tenancy allow for use of mandatory grounds? Contractual notice provisions Is there a robust impact assessment in place s149 Public Sector Equality Duty and Akerman-Livingstone v Aster Communities Ltd [2015] Have all relevant policies and procedures been followed? If not, can the departure from them be justified?

8 Possession claim case law Ahern v Southern Housing Group Ltd [2017] Mr Ahern occupied under a starter tenancy which had been extended as a result of serious ASB He was an alcoholic The ASB continued after the starter tenancy had been extended and Southern served a s21 notice The district judge found that the s21 had been correctly served and made a possession order, although at the time, Mr Ahern had been on police bail with a condition not to return to his flat so that he could not be contacted Mr Ahern appealed claiming that Southern had failed to follow their own policy in identifying his support needs and in relation to his vulnerability

9 Ahern v Southern Housing Group Ltd [2017] The Court of Appeal upheld the possession order: Both parties had agreed that Southern was obliged to follow its own policies unless it could show a good reason not to Southern had signposted Mr Ahern to access an alcohol treatment programme they were aware that this was not working and that he continued to drink. They were aware that mental health services were involved The ASB was serious and included threats to kill, harassment and homophobic comments Southern had considered the impact of a possession order on Mr Ahern The landlord could not be obliged to continue to signpost to support where the tenant could not be traced Policies need not be adhered to, word for word, and the approach should be purposive and pragmatic

10 Harris v Hounslow LBC [2017] Termination of a secure tenancy under mandatory ASB grounds following the making of a closure order The tenant s solicitors requested an extension of time to request a review under s85za Housing Act 1985 which gives the tenant 7 days to request a review in writing Hounslow did not respond to the request, but issued proceedings before trial they did conduct a review but upheld the decision to seek eviction Mr Harris appealed Court of appeal found that the time for seeking a review was enshrined in s85za the authority had no power to extend it and no obligation to undertake a review if no request in writing within the 7 days had been made

11 The hoarder Disability issues Injunction v possession proceedings The objective test The Clutter Rating Index A picture speaks louder than words Fire safety Suspended possession orders, injunction orders and enforceability

12 The hoarder: case study #1 Elderly couple with diagnosed physical health issues bungalow hoarded to 8/9 on Clutter Rating Scale and exits blocked Fire service report obtained regarding fire risk Interventions and offers of assistance logged and failed Injunction obtained initially breached, but enabled landlord to seek possession as a last resort NOSP detailed all breaches and the condition of the property with reference to photos attached and Clutter Rating Scale as did the claim form Suspended possession order agreed prior to trial to include weekly access and improvements with reference to the Clutter Rating Scale

13 The hoarder: case study #2 Elderly man in block of flats Property hoarded to 9 on Clutter Rating Scale electric cables daisy chained over combustible clutter Tenant aggressive and uncooperative Possession sought without trying injunction first due to fire risk to others and evidence that the tenant would not comply with an injunction Outright possession obtained Court found that the tenant was unlikely to comply with a suspended order and was unmanageable

14 The housing fraudster Grounds 5 HA1985 and 17 HA1988 False statement made knowingly or recklessly By the tenant or someone at their instigation The landlord was induced to grant the tenancy Sub-letting The thorny problem of evidence Loss of security of tenure and breach of tenancy s6 Social Housing Fraud Act 2013 regarding assured tenants

15 The housing fraudster: case study Four sub-tenants found in a 1 bed flat during a routine check of the property Housing officer obtained a written/signed statement and photographed the tenancy agreement at that time Tenant (apparently wrongfully) evicted the sub-tenants as soon as a NOSP and NTQ served and moved back in denied subletting Outright possession order obtained s6 SHFA pleaded and evidence of sub-let compelling

16 Terminating an AST using s21 Pre-notice requirements under Regulation 2 of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 gas certificate and EPC certificate to be served before occupation/tenancy commencement and keep a record Proportionality issues impact assessment and Part 3 Possession claims protocol as a minimum 2 clear months notice allow for service Watch for deposits! Intermediate rent etc.

17 Terminating an AST using s21: recent case law Caridon Property Ltd v Monty Shooltz Jan Luba QC sitting as a circuit judge in an appeal from the decision of a DJ to grant possession under s21 (not binding but persuasive) Gas safety certificate not served before the tenancy started but served before the s21 notice Found on appeal that a failure to serve the certificate pre-tenancy could not be remedied the landlord could not rely on s21 Defences received now reflect this

18 Questions?

Lunch and Learn 2013 A Year of Changes

Lunch and Learn 2013 A Year of Changes Lunch and Learn 2013 A Year of Changes CIH June 2013 Gail Sykes, Partner Tel: 01733 888794 Email: gail.sykes@buckles-law.co.uk www.buckles-law.co.uk Succession and Mutual Exchange following the Localism

More information

1.3 The grant of a new tenancy normally follows the allocation of a home by SCH through the Solihull Home Options ( SHO ) scheme.

1.3 The grant of a new tenancy normally follows the allocation of a home by SCH through the Solihull Home Options ( SHO ) scheme. Tenancy Policy 1.0 Purpose of the tenancy policy 1.1 This Policy sets out the types of tenancies, which will be granted to new tenants of Council owned homes from 7 th April 2014. It does not affect those

More information

Flow chart for checking statutory validity of section 21 notices

Flow chart for checking statutory validity of section 21 notices Flow chart for checking statutory validity of section 21 notices Did current tenancy agreement start on or after 1 October 2015? Go to page 3 Has the tenant received: Gas safety certificate dated in last

More information

ASSIGNMENTS & OTHER TENANCY CHANGES. 2.1 We will deal with all tenancy changes in line with relevant legislation.

ASSIGNMENTS & OTHER TENANCY CHANGES. 2.1 We will deal with all tenancy changes in line with relevant legislation. POLICY: ASSIGNMENTS & OTHER TENANCY CHANGES 1.0 Introduction 1.1 This policy relates to general needs stock owned and managed by Thames Valley Housing Association, as well as stock previously under the

More information

Housing Management Law. Kerry Thompson Senior Solicitor Buckles Solicitors LLP 26 March 2013

Housing Management Law. Kerry Thompson Senior Solicitor Buckles Solicitors LLP 26 March 2013 Housing Management Law Kerry Thompson Senior Solicitor Buckles Solicitors LLP 26 March 2013 Housing Management and the Localism Act What is new? A fixed term tenancy regime for local authorities and housing

More information

POLICY: SUCCESSION. 1.0 Introduction. 2.0 Policy Statement. 3.0 Objectives. 4.0 Background Legislation

POLICY: SUCCESSION. 1.0 Introduction. 2.0 Policy Statement. 3.0 Objectives. 4.0 Background Legislation POLICY: SUCCESSION 1.0 Introduction 1.1 This policy sets out Thames Valley Housing s (TVH s) position regarding the rights of a relative to take over a tenancy on the death of a tenant. Succession is the

More information

KATHERINE S HOUSE, DUNSTABLE STREET, AMPTHILL, BEDS, MK45 2JP TEL: FAX: (01525)

KATHERINE S HOUSE, DUNSTABLE STREET, AMPTHILL, BEDS, MK45 2JP TEL: FAX: (01525) MOVING TENANCY POLICY KATHERINE S HOUSE, DUNSTABLE STREET, AMPTHILL, BEDS, MK45 2JP TEL: 0300 123 5544 FAX: (01525) 403682 E-mail: enquiry@aragon-housing.co.uk INTRODUCTION All registered providers are

More information

Northampton Tenant s Panel. Tenancy Rights and Tenancy Agreements

Northampton Tenant s Panel. Tenancy Rights and Tenancy Agreements Northampton Tenant s Panel Tenancy Rights and Tenancy Agreements Development Session Dr Steve Sharples (PS Consultants) Independent Tenant Adviser 6 November 2012 Why are tenancy rights an issue? In any

More information

ASSIGNMENTS & OTHER TENANCY CHANGES

ASSIGNMENTS & OTHER TENANCY CHANGES POLICY: ASSIGNMENTS & OTHER TENANCY CHANGES 1.0 Introduction 1.1 This policy is designed to give guidance on tenancy changes that may occur in TVH s General Needs housing. 1.2 There are many reasons why

More information

Plaster, possession and proportionality

Plaster, possession and proportionality Plaster, possession and proportionality A housing case law up-date Dean Underwood Barrister Topics covered Key cases in housing law : 2011-2012 Implied repair covenants: responsibility for plasterwork

More information

CONTROLLING AUTHORITY: Head of Housing & Community Services. DATE: August AMENDED: Changes to Starter Tenancies.

CONTROLLING AUTHORITY: Head of Housing & Community Services. DATE: August AMENDED: Changes to Starter Tenancies. TENANCY POLICY CONTROLLING AUTHORITY: Head of Housing & Community Services ISSUE NO: 3 STATUS: LIVE DATE: August 2014 AMENDED: Changes to Starter Tenancies 1 Index 1.0 Purpose of the Policy 2.0 Tenancy

More information

Your Guide to. Your Tenancy Agreement

Your Guide to. Your Tenancy Agreement Introduction As a provider of social and affordable housing, Wythenshawe Community Housing Group has a number of statutory and regulatory obligations that it must carry out. The Group has a responsibility

More information

Lettings and Tenancy. Date: February 2015 Version: 1. Document Reference: Document Owner: Annette Morrison. See also: Date last reviewed: June 2014

Lettings and Tenancy. Date: February 2015 Version: 1. Document Reference: Document Owner: Annette Morrison. See also: Date last reviewed: June 2014 Lettings and Tenancy Date: February 2015 Version: 1 Document Reference: Document Owner: Annette Morrison See also: Date last reviewed: June 2014 Date due for next review: February 2017 1. Purpose To ensure

More information

Tenancy Changes Policy

Tenancy Changes Policy Tenancy Changes Policy Version 3. February 2014 Registered address: LLP, Fleet House, 59-61 Clerkenwell Road, London, EC1M 5LA Responsible officer: Author: Approved by: Head of Operations Policy and Project

More information

Starter Tenancy Policy

Starter Tenancy Policy Starter Tenancy Policy Originator: Executive Management Team Approval Date: Policy and Strategy Team 12 September 2017 Review date: September 2018 1 Introduction 1.1 1.2 1.3 One Vision Housing (OVH) uses

More information

Tenancy Transfer, Succession and Mutual Exchanges Policy

Tenancy Transfer, Succession and Mutual Exchanges Policy Tenancy Transfer, Succession and Mutual Exchanges Policy Originator: Executive Management Team Approval Date: Policy and Strategy Team May 2018 Review date: May 2019 1 Introduction 1.1 1.2 One Vision Housing

More information

Succession and Discretionary Tenancy Policy

Succession and Discretionary Tenancy Policy Date approved: 22 November 2016 Approved by: Parent Board 1. Introduction and Aims 1.1 This Policy outlines Southway Housing Trust s (the Trust s) approach to succession. 1.2 It relates to the following

More information

3.1 A Notice to Quit (NTQ) is a legal instrument to end a tenancy that can be provided by a tenant or a landlord to terminate the tenancy.

3.1 A Notice to Quit (NTQ) is a legal instrument to end a tenancy that can be provided by a tenant or a landlord to terminate the tenancy. Tenancy Policy 1. Scope 1.1 This policy outlines our approach to issuing, reviewing and terminating tenancies and licences for all rented properties across the Peabody Group. This does not include agency

More information

RICS PRESENTATION: 6 TH JUNE 2018 PUTTING THE BRAKES ON: DECELERATING THE ACCELERATED POSSESSION PROCEDURE PROBLEMS WITH AIRBNB-STYLE LETTINGS

RICS PRESENTATION: 6 TH JUNE 2018 PUTTING THE BRAKES ON: DECELERATING THE ACCELERATED POSSESSION PROCEDURE PROBLEMS WITH AIRBNB-STYLE LETTINGS RICS PRESENTATION: 6 TH JUNE 2018 PUTTING THE BRAKES ON: DECELERATING THE ACCELERATED POSSESSION PROCEDURE PROBLEMS WITH AIRBNB-STYLE LETTINGS Simon Wood Barrister Hart Brown PUTTING THE BRAKES ON: DECELERATING

More information

GreenSquare Tenancy Policy

GreenSquare Tenancy Policy Date Approved November 2012 Date of Next Review November 2014 Policy owner(s) Heads of Neighbourhoods 1. Scope This policy applies to customers of Oxford Citizens H A, Oxbode H A, GreenSquare Community

More information

Wandsworth Borough Council. Tenancy and Rent Strategy

Wandsworth Borough Council. Tenancy and Rent Strategy APPENDIX 1 TO PAPER NO. 19-08 Wandsworth Borough Council Tenancy and Rent Strategy CONTENTS Page Introduction 2 Tenancies for applicants who were not already social housing tenants as at 1st April 2012

More information

TENURE POLICY. 1.2 The Policy sets out the type of tenancy agreement we will offer when letting our properties for the following tenures.

TENURE POLICY. 1.2 The Policy sets out the type of tenancy agreement we will offer when letting our properties for the following tenures. Part of the Trust s Tenancy Management Framework Level 1 policy approval TENURE POLICY 1. Introduction 1.1 The Vale of Aylesbury Housing Trust (the Trust) is a Registered Provider of homes. In accordance

More information

Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes

Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes Version Author Date Review date Comments/amendments This policy outlines the way in which County Durham Housing Group and the

More information

Policy Scope This policy applies to individuals who are seeking to succeed to a Phoenix tenancy.

Policy Scope This policy applies to individuals who are seeking to succeed to a Phoenix tenancy. SUCCESSION POLICY Responsible Officer Director of Customer Services Aim of the Policy The purpose of this policy is to ensure that Phoenix fulfils its statutory and contractual obligations for succession

More information

Assured Shorthold Tenancy - Possession For Arrears

Assured Shorthold Tenancy - Possession For Arrears Assured Shorthold Tenancy - Possession For Arrears Reports in recent press have highlighted the huge rise in rent arrears in the rented housing sector (both social housing and private landlord) in the

More information

This policy replaces the Tenancy Policy of all Circle registered providers and Affinity Sutton Homes.

This policy replaces the Tenancy Policy of all Circle registered providers and Affinity Sutton Homes. Tenancy Policy This policy replaces the Tenancy Policy of all Circle registered providers and Affinity Sutton Homes. 1. Purpose and Scope This policy sets out for customers, staff and local authorities

More information

Paradigm Housing Group Tenure Policy

Paradigm Housing Group Tenure Policy Paradigm Housing Group Tenure Policy April 2017 Policy Title Tenure Policy Policy statement Objective Background As a Private Registered Provider of homes, Paradigm is committed to letting our properties

More information

Briefing Note: Residential Possession Proceedings

Briefing Note: Residential Possession Proceedings Introduction Landlords frequently wish to recover possession of a let residential property if (a) the tenant is in arrears of rent, (b) the tenant has breached other terms of the tenancy agreement e.g.

More information

Your tenancy agreement

Your tenancy agreement Your tenancy agreement Section 1 - Introduction In this tenancy agreement we, us or our means the Lord Mayor and Citizens of the City of Westminster, in other words the City Council. You means you the

More information

POLICY: LETTINGS. 1.0 Introduction. 2.0 Background Legislation. 3.0 Definitions. 4.0 Objectives

POLICY: LETTINGS. 1.0 Introduction. 2.0 Background Legislation. 3.0 Definitions. 4.0 Objectives POLICY: LETTINGS 1.0 Introduction 1.1 Thames Valley Housing (TVH) supports Local Authorities (LAs) with their strategic housing functions and their duties to meet identified local housing needs. 1.2 We

More information

SAXON WEALD. 2.1 Termination ending a tenancy in accordance with legal requirements.

SAXON WEALD. 2.1 Termination ending a tenancy in accordance with legal requirements. SAXON WEALD PROPERTY OCCUPATION POLICY First Approved: June 2005 Author: Les Marjoram Last Revision: March 2018 Next Review: March 2021 1.0 Introduction and aim 1.1 The aim of this policy is to help Saxon

More information

Drafting your Fixed Term Tenancy: Tips and Traps

Drafting your Fixed Term Tenancy: Tips and Traps Tenancy: Tips and Traps Jonathan Hulley Partner, Head of Housing and Asset Management Clarke Willmott LLP T: 0845 209 1594 E: jonathan.hulley@clarkewillmott.com W: www.clarkewillmott.com Where are we now?

More information

MUTUAL EXCHANGE AND ASSIGNMENT POLICY

MUTUAL EXCHANGE AND ASSIGNMENT POLICY APPENDIX B MUTUAL EXCHANGE AND ASSIGNMENT POLICY Draft / October 013 INDEX: Page No. 1. DEFINITIONS 1 Mutual Exchange Secure Tenants 1 1. IMPLICATIONS OF A MUTUAL EXCHANGE Secure and Assured Tenancies

More information

EastendHomes ASSIGNMENT, SUCCESSION AND MUTUAL EXCHANGE POLICY

EastendHomes ASSIGNMENT, SUCCESSION AND MUTUAL EXCHANGE POLICY EastendHomes ASSIGNMENT, SUCCESSION AND MUTUAL EXCHANGE POLICY 1. STATEMENT OF INTENT 1.1. Subject to any prohibitions contained within the terms of the tenancy agreement EastendHomes assured tenants have

More information

Tenancy Policy. 1.3 This Tenancy Policy is designed to support and complement our mission and vision:

Tenancy Policy. 1.3 This Tenancy Policy is designed to support and complement our mission and vision: Page 1 of 21 Tenancy Policy 1.0 Introduction 1.1 In its paper Local decisions: a fairer future for social housing the Government introduced the concept of a Tenancy Policy as part of a wider package of

More information

End of fixed term tenancy policy

End of fixed term tenancy policy End of fixed term tenancy policy This policy replaces the related clauses of the Tenancy Policies of Circle 33 and Affinity Sutton Homes (AS) and the AS Fixed Term Tenancy Management Procedure. 1. Purpose

More information

SSHA Tenancy Policy. Page: 1 of 7

SSHA Tenancy Policy. Page: 1 of 7 POLICY 1. Overall Policy Statement 1.1 South Staffordshire Housing Association (SSHA) will work with all customers to develop and maintain sustainable communities and sees a range of tenancy products and

More information

Relevant business manager.

Relevant business manager. Succession Policy Summary: This policy sets how we deal claims for succession following the death of a tenant. Tenants have a range of statutory and contractual succession rights which vary according to

More information

Chartered Institute of Housing Legal Update. Charlotte McMurchie Friday 11 July 2014

Chartered Institute of Housing Legal Update. Charlotte McMurchie Friday 11 July 2014 Chartered Institute of Housing Legal Update Charlotte McMurchie Friday 11 July 2014 Outline Succession Same sex couples Allocation Human Rights Act application to possession actions Decant and tolerated

More information

Tenancy reform. - getting it right. CIH Housing Law Update. Graham Cooper, Associate Director Head of Housing Law. presentation by

Tenancy reform. - getting it right. CIH Housing Law Update. Graham Cooper, Associate Director Head of Housing Law. presentation by Tenancy reform - getting it right CIH Housing Law Update presentation by Graham Cooper, Associate Director Head of Housing Law February 2014 Graham Cooper Associate Director Head of Housing Law T : 01733

More information

Lodger and sub-letting policy

Lodger and sub-letting policy Lodger and sub-letting policy Date: Author: 1 st July 2015 Sue Wilson for you for your community not for profit TWO RIVERS HOUSING Lodger and Sub-letting Policy 1.0 Introduction 1.1 Two Rivers Housing

More information

Tenancy Deposit Protection

Tenancy Deposit Protection Tenancy Deposit Protection Prescribed information for the purposes of section 213(5) of the Housing Act 2004, and in accordance with Statutory Instrument 2007 No 797, the Housing (Tenancy Deposits) (Prescribed

More information

Tenure and Tenancy management. Issue 07 Board approved: February Responsibility: Operations/C&SH Review Date: February 2019

Tenure and Tenancy management. Issue 07 Board approved: February Responsibility: Operations/C&SH Review Date: February 2019 Operational Manual Tenure and Tenancy management Corporate Policy Issue 07 Board approved: February 2017 Responsibility: Operations/C&SH Review Date: February 2019 1.0 Introduction 1.1 Hightown provides

More information

Assignment, Mutual Exchange and Succession Policy

Assignment, Mutual Exchange and Succession Policy Assignment, Mutual Exchange and Succession Policy Date submitted to the Board: February 2013 Policy to take effect from: February 2013 To be reviewed: February 2016 Version No. 4.1 Introduction This policy

More information

Introductory Tenancies Your Questions Answered

Introductory Tenancies Your Questions Answered Introductory Tenancies Your Questions Answered This leaflet answers a number of questions about your rights and responsibilities as an Introductory tenant. Please see the Tenancy policy and your tenancy

More information

NUMBER: 07/04 DATE FIRST ISSUED: July 2004 DATE REVISED: N/A

NUMBER: 07/04 DATE FIRST ISSUED: July 2004 DATE REVISED: N/A NUMBER: 07/04 DATE FIRST ISSUED: July 2004 DATE REVISED: N/A Note: housing association is used as a generic term for registered social landlords. Corporation means Housing Corporation. TITLE: SUMMARY:

More information

How to handle the eviction process GUIDE. Protecting the things that matter most

How to handle the eviction process GUIDE. Protecting the things that matter most How to handle the eviction process GUIDE Protecting the things that matter most How to handle the eviction process Evicting tenants is often a fraught process for landlords, but the costs can be especially

More information

Tenancy policy. for you for your community not for profit. Date: 27 th August Sue Wilson. Author:

Tenancy policy. for you for your community not for profit. Date: 27 th August Sue Wilson. Author: Tenancy policy Date: Author: 27 th August 2015 Sue Wilson for you for your community not for profit TWO RIVERS HOUSING Tenancy Policy 1.0 Introduction 1.1 The Homes and Communities Agency (HCA) took responsibility

More information

TENANCY FRAUD POLICY

TENANCY FRAUD POLICY TENANCY FRAUD POLICY Responsible Director: Responsible Manager: Housing Services Director Regional Housing Manager Allocations Last updated: September 2015 Next update: September 2017 Page 1 of 6 1. PURPOSE

More information

County Durham Housing Group. Tenancy Management Policy. County Durham Housing Group Limited, Dale and Valley Homes, Durham City Homes and

County Durham Housing Group. Tenancy Management Policy. County Durham Housing Group Limited, Dale and Valley Homes, Durham City Homes and County Durham Housing Group Tenancy Management Policy County Durham Housing Group Limited, Dale and Valley Homes, Durham City Homes and East Durham Homes Date to be presented to Parent Board: January 2015

More information

Acceptable Tenancies for Buy To Let Mortgages

Acceptable Tenancies for Buy To Let Mortgages Acceptable Tenancies for Buy To Let Mortgages Where your mortgage agreement with us is subject to our Buy to Let Mortgage Terms and Conditions you are required to adhere to the following conditions which

More information

Royal Borough of Kensington and Chelsea. Tenancy Policy

Royal Borough of Kensington and Chelsea. Tenancy Policy Royal Borough of Kensington and Chelsea Tenancy Policy 1. Purpose 1.1 The purpose of this policy is to detail how the Royal Borough of Kensington and Chelsea (the Council) will issue tenancies to the social

More information

1.5 Where a joint tenancy is granted all parties must be made aware that they is joint and several liability for the tenancy.

1.5 Where a joint tenancy is granted all parties must be made aware that they is joint and several liability for the tenancy. B7 Joint/Sole Tenancies 1 Policy 1.1 NEW TENANTS It is NCHA policy to grant joint tenancies to applicants who are couples who may be married or co-habitees, gay and lesbian partners, parents and children,

More information

Some homes may not be eligible and in those cases we will try to find an alternative property that you can buy.

Some homes may not be eligible and in those cases we will try to find an alternative property that you can buy. 1. Introduction The Voluntary Right to Buy (VRTB) is an 18 month government-led pilot scheme which gives assured tenants of housing associations in the Midlands area the right to buy their home at a discounted

More information

5.0 The circumstances in which tenancies of a particular type will be granted and the length of those terms

5.0 The circumstances in which tenancies of a particular type will be granted and the length of those terms Tenancy policy Table of contents 1.0 Purpose of the tenancy policy 2.0 Background and scope of the tenancy policy 3.0 The kind of tenancies that will be granted 4.0 Issuing a flexible (secure) tenancy

More information

Welcome to Advice Direct..., the written information service from Guild Advice.

Welcome to Advice Direct..., the written information service from Guild Advice. EVICTION Welcome to Advice Direct..., the written information service from Guild Advice. This leaflet is designed to provide you with information on eviction and how to deal with it. The guide focuses

More information

Tenancy Policy March 2016

Tenancy Policy March 2016 Tenancy Policy March 2016 0. DOCUMENT CONTROL 0.1 SUMMARY This policy provides a summary of the types of tenancy which Golden Gates Housing Trust may use, how changes to a tenancy may occur during the

More information

Tenants Handbook. Welcome to your new home. Understanding your tenancy

Tenants Handbook. Welcome to your new home. Understanding your tenancy Tenants Handbook This handbook has been put together to provide you with important information about your new home and your tenancy. Welcome to your new home Understanding your tenancy 0 00.00 1 5 9 0

More information

Varying your tenancy agreement

Varying your tenancy agreement September 2014 Varying your tenancy agreement Gail Sykes Partner T: 01733 888794 E: gail.sykes@buckles-law.co.uk www.buckles-law.co.uk Why do landlords vary their agreements? Changing the rent Changing

More information

Seminar. Lambeth Law Centre Housing Lawyer

Seminar. Lambeth Law Centre Housing Lawyer Possession Proceedings Seminar Michael Carter Lambeth Law Centre Housing Lawyer Timetable Overview of possession proceedings Status t of occupant Statutory protection for tenants Public sector tenants

More information

Section 21 Procedure

Section 21 Procedure Section 21 Procedure Ben Fullbrook Introduction What is an Assured Shorthold Tenancy? The section 21 procedure: what, how and when to serve? What is the effect of the notice? 1 What is an Assured Shorthold

More information

Demoted Tenancies Your Questions Answered

Demoted Tenancies Your Questions Answered Demoted Tenancies Your Questions Answered This leaflet answers a number of questions about your rights and responsibilities as a Demoted tenant. Please see the Tenancy policy and your tenancy agreement

More information

How to...prevent right to buy fraud and right to acquire fraud. Paul Hayes Head of Housing Litigation Lewis Silkin LLP 11 April 2014

How to...prevent right to buy fraud and right to acquire fraud. Paul Hayes Head of Housing Litigation Lewis Silkin LLP 11 April 2014 How to...prevent right to buy fraud and right to acquire fraud Paul Hayes Head of Housing Litigation Lewis Silkin LLP 11 April 2014 The Regulatory Framework The Tenancy Standard states that: RPs shall

More information

Tenancy Policy Introduction Legal Framework Purpose Principles Policy Statement Tenancy Statement...

Tenancy Policy Introduction Legal Framework Purpose Principles Policy Statement Tenancy Statement... 1 Tenancy Policy January 2014 Table of Contents Tenancy Policy... 1 Introduction... 2 Legal Framework... 2 Purpose... 3 Principles... 3 Policy Statement... 4 Tenancy Statement... 4 Tenancy Types... 5 Assured

More information

ORBIT VOLUNTARY RIGHT TO BUY POLICY

ORBIT VOLUNTARY RIGHT TO BUY POLICY Document Title Version Final v1.0 Release Date August 2018 Review Date August 2020 Extension Reason(s) Extension date approved Approver details Document Type Sponsor Author Voluntary Right to Buy Policy

More information

Southend-on-Sea Borough Council. Tenancy Policy

Southend-on-Sea Borough Council. Tenancy Policy Southend-on-Sea Borough Council Tenancy Policy 2013-18 Tenancy Policy Contents Page No. 1. Introduction 3 2. Strategic Context 3 3. Policy Aims 3 4. The types of tenancies we offer 4 5. Flexible tenancy

More information

Places for People and Derwent Living Voluntary Right to Buy (VRtB) Local Sales Policy

Places for People and Derwent Living Voluntary Right to Buy (VRtB) Local Sales Policy Places for People and Derwent Living Voluntary Right to Buy (VRtB) Local Sales Policy VRtB Local Sales Policy Page 1 of 16 Table of Contents Item Description Page Number 1.0 Scope of Policy. 3 2.0 Introduction

More information

This is one of the most popular forms of renting a property and has been in existence since 15 January 1989.

This is one of the most popular forms of renting a property and has been in existence since 15 January 1989. Business law Fact sheet Assured shorthold tenancies (England only) This factsheet applies to properties in England only. From 1 October 2015, the Deregulation Act 2015 (the Act) has changed the law in

More information

Landlord and Tenant Action from Attwells Solicitors

Landlord and Tenant Action from Attwells Solicitors Landlord and Tenant Action from Attwells Solicitors A Nationwide, fast, and economical process for obtaining Possession Orders from Court against tenants who you want to leave. It s every landlord s worst

More information

Starter Tenancy Policy

Starter Tenancy Policy Neighbourhood Services Policies & Procedures Starter Tenancy Policy 1 Purpose of Policy 1.1 Watford Community Housing is committed to building strong, friendly and sustainable communities. 1.2 1.3 A part

More information

VOLUNTARY RIGHT TO BUY POLICY

VOLUNTARY RIGHT TO BUY POLICY VOLUNTARY RIGHT TO BUY POLICY VOLUNTARY RIGHT TO BUY POLICY Version: 1 Ref: Tbc Lead Officer: Executive Support Manager Issue Date: July 2018 Approved by: The Pioneer Group Board Approval Date: July 2018

More information

Notice that you must leave. a brief guide for landlords and tenants. housing

Notice that you must leave. a brief guide for landlords and tenants. housing Notice that you must leave a brief guide for landlords and tenants housing Notice that you must leave This booklet explains the basic rules about bringing a residential tenancy (or licence) to an end:

More information

Interested in buying your own home? A legal guide to Right to Buy

Interested in buying your own home? A legal guide to Right to Buy Interested in buying your own home? A legal guide to Right to Buy Further information Sanctuary Housing Customer Service Centre 0800 916 1444/0300 123 3516* contactus@sanctuary-housing.co.uk Please contact

More information

Joint Tenancies Policy

Joint Tenancies Policy Joint Tenancies Policy 2018 2021 Document control Policy approval April 2018 EDT Replacing/ updating Joint Tenancy Policy 2015-18 Next review date April 2021 Author Neighbourhoods & Income Business Manager

More information

Housing fraud and legal remedies. Dean Underwood Barrister. Twitter

Housing fraud and legal remedies. Dean Underwood Barrister. Twitter Housing fraud and legal remedies Dean Underwood Barrister Twitter feed: @deanunderwood01 Commonly-encountered housing fraud Commonly-encountered housing fraud How do you assess your organization s exposure

More information

Sample Rent Book. Amount of weekly rent. Record of rent paid. Date rent due from

Sample Rent Book. Amount of weekly rent. Record of rent paid. Date rent due from Sample Rent Book Landlord Address Tenant Address Phone Phone Date rent due from Amount of weekly rent The amount of weekly rent that can be (if any) apportioned to furniture and services Record of rent

More information

Voluntary Right to Buy Policy. Dan Gray, Executive Director, Property

Voluntary Right to Buy Policy. Dan Gray, Executive Director, Property Policy title: Scope: Policy owner & job title: Approver: Voluntary Right to Buy Policy Aspire Housing Alice Newman, Land and Stock Intelligence Manager Dan Gray, Executive Director, Property Date: 07/2018

More information

Housing Management Brief

Housing Management Brief evonshires solicitors Housing Management Brief Issue 18 In this issue 2 Contributors 3 Welcome 4 Success at Appeal in the Upper Tribunal 5 Internet lettings and social housing The rise of Airbnb 6 The

More information

Document control. Supercedes (Version & Date) Version 2 February 2017

Document control. Supercedes (Version & Date) Version 2 February 2017 Tenancy Policy Document control Document Reference / Version Number Version 3 November 2017 Title of Document Authors Name(s) Angela Havens Authors Job Title(s) Head of Income & Customer Support Directorate(s)

More information

Private Residential Tenancies: Your essential guide to the new regime

Private Residential Tenancies: Your essential guide to the new regime Briefing December 2017 Private Residential Tenancies: Your essential guide to the new regime Ann Stewart ann.stewart@ Lynn Simpson lynn.simpson@ Emma De Sailly emma.desailly@ Landlords letting a residential

More information

Form prescribed for the purposes of Section 13(2) of the Housing Act 1988

Form prescribed for the purposes of Section 13(2) of the Housing Act 1988 Form prescribed for the purposes of Section 13(2) of the Housing Act 1988 Form 4B Housing Act 1988 section 13(2), as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order

More information

Your tenancy Intermediate rent

Your tenancy Intermediate rent Your tenancy Intermediate rent Contents What is Intermediate Rent?... 3 What do I get with my home and what other costs are there?... 3 Type of tenancy... 3 How often does the rent go up?... 3 What you

More information

1.4 The policy applies to all landlord organisations in the Group.

1.4 The policy applies to all landlord organisations in the Group. POLICY Voluntary Right to Buy Date Adopted July 2018 Date of Next Review March 2020 or sooner if required Version 1.0 Responsible Body Homes Board Responsible Officer Company Secretary &Head of Legal Services

More information

Mutual Exchange Policy

Mutual Exchange Policy Mutual Exchange Policy Introduction West Kent recognises that by promoting mutual exchanges it will encourage tenant mobility and help create sustainable communities with better use of its housing stock.

More information

LETTINGS POLICY. Plus Dane Housing Page 1 of 10

LETTINGS POLICY. Plus Dane Housing Page 1 of 10 Table of Contents 1. Our Approach... 2 1.1 Choice Based Lettings... 2 1.2 Alternative Marketing Routes... 3 1.3 Management Moves... 3 1.4 Sensitive Lets... 4 1.5 Local Letting Schemes... 4 1.6 Medical

More information

RENTED HOMES BILL. Steve Clarke Managing Director. To enhance and protect the rights, representations and housing standards of tenants in Wales

RENTED HOMES BILL. Steve Clarke Managing Director. To enhance and protect the rights, representations and housing standards of tenants in Wales RENTED HOMES BILL Steve Clarke Managing Director and housing standards of tenants in Wales 1 The Bills are alive? B and housing standards of tenants in Wales 2 The five choice barriers to renting Affordability

More information

Tenancy Management Policy

Tenancy Management Policy Tenancy Management Policy 1. Scope 1.1 This policy applies to Clarion Housing Association Limited s rented properties, leaseholders and shared owners. 1.2 Any breach of tenancy or lease will be managed

More information

Allocations Policy. Purpose and scope

Allocations Policy. Purpose and scope Allocations Policy Purpose and scope The purpose of this policy is to set out how we allocate our social and affordable rented homes. We offer homes to people who fall within our charitable aims and whose

More information

Interested in buying your own home?

Interested in buying your own home? Interested in buying your own home? A legal guide to Right to Buy This leaflet can be translated into other languages, large print and Braille or recorded on to an audio CD. Please contact your local office

More information

The year in review for landlords Landlord Law Conference Sam Madge-Wyld 19 May 2017

The year in review for landlords Landlord Law Conference Sam Madge-Wyld 19 May 2017 The year in review for landlords Landlord Law Conference Sam Madge-Wyld 19 May 2017 2016/17 Brexit / forthcoming election The Housing White Paper Immigration Act 2016 Housing and Planning Act 2016 Caselaw

More information

Supporting documents; DHC publications & HomeSwapper publications. Health & safety; Breach of this policy unlikely to have direct impact on H&S

Supporting documents; DHC publications & HomeSwapper publications. Health & safety; Breach of this policy unlikely to have direct impact on H&S Section; Housing Policy name; Lettings Policy Executive responsible; Housing Manager Review by; Housing Manager Tenant review: Not yet Type of review; Exception Authority to amend; Board Frequency of review;

More information

Housing. Adviser learning programme. Module: Core learning. May 2016

Housing. Adviser learning programme. Module: Core learning. May 2016 Adviser learning programme Module: Core learning Contents Section 1 - Introduction...3 Section 2 Jargon list...6 Section 3 Importance of housing status...8 Section 4 Housing history...11 Section 5 Identifying

More information

Renting Homes (Wales) Bill

Renting Homes (Wales) Bill Renting Homes (Wales) Bill Simon White Housing Policy Division Welsh Government rentinghomes@wales.gsi.gov.uk www.wales.gov.uk/rentinghomes Currently: 1 in 3 households rent; private renting increasing

More information

FLEXIBLE TENANCIES CONTENTS FLEXIBLE TENANCIES: BACKGROUND SCOPE OF THIS NOTE

FLEXIBLE TENANCIES CONTENTS FLEXIBLE TENANCIES: BACKGROUND SCOPE OF THIS NOTE 7 FLEXIBLE TENANCIES This document is published by Practical Law and can be found at: uk.practicallaw.com/9-556-9006 Request a free trial and demonstration at: uk.practicallaw.com/about/freetrial A note

More information

UTTLESFORD DISTRICT COUNCIL HOUSING ALLOCATIONS SCHEME

UTTLESFORD DISTRICT COUNCIL HOUSING ALLOCATIONS SCHEME UTTLESFORD DISTRICT COUNCIL HOUSING ALLOCATIONS SCHEME (ALLOCATIONS POLICY) [Type text] January 2015 Uttlesford District Council Housing Allocations Scheme 1. Introduction 1.1 The Council is required,

More information

Property Battens Landlord and Tenant. Follow us on

Property Battens Landlord and Tenant.  Follow us on Property Matters @ Battens Landlord and Tenant Landlord and Tenant Update 2018 Jacqui Swann Battens Solicitors Topics Section 21 potential obstacles Minimum Energy Efficiency Standards Regulations General

More information

Intensive Tenancy Management Policy. Policy to take effect from: August To be reviewed: August Version No. 5.0

Intensive Tenancy Management Policy. Policy to take effect from: August To be reviewed: August Version No. 5.0 Intensive Tenancy Management Policy Date submitted to Operations Committee: 21 st August 2009 Policy to take effect from: August 2009 To be reviewed: August 2012 Version No. 5.0 Introduction In many respects

More information

ASSIGNMENT POLICY AND PROCEDURE

ASSIGNMENT POLICY AND PROCEDURE ASSIGNMENT POLICY AND PROCEDURE Responsible Officer Director of Customer Services Aim of policy and procedure The purpose of this procedure is to ensure that Phoenix Community Housing (PCH) fulfils its

More information

Scottish Secure Tenancy Rights Housing (Scotland) Act 2014 Changes

Scottish Secure Tenancy Rights Housing (Scotland) Act 2014 Changes Scottish Secure Tenancy Rights Housing (Scotland) Act 2014 Changes The tenancy agreement you have with Scottish Borders Housing Association is a Scottish Secure Tenancy (SST) agreement. Scottish Secure

More information

Housing Management Law School Autumn 2015

Housing Management Law School Autumn 2015 Housing Management Law School Autumn 2015 Wednesday 25 th November 2015 Housekeeping The News with Simon Thirtle» Government Policy» Extension of the Right to Buy The News with Simon Thirtle» Government

More information