Tenure Policy 1.0 Purpose This policy sets out the types of tenure which may be offered to tenants and residents and the circumstances under which each will be used. The particular tenures offered and the circumstances that determine this link strongly to the management of allocations and lettings. The processes detailed in this policy include the key stages for managing lettings and allocations and for ensuring that the policy objectives for tenure are met. 2.0 Impact Housing s commitment Impact s aim is to provide secure and appropriate tenancies that enable tenants to meet their housing needs and to live happily and successfully in their home and local community. This is balanced against the need of the Association to be able to take the appropriate measures where tenants behave unacceptably e.g. cause serious anti-social behaviour, damage their property, accrue large housing debt etc. We will: Provide tenancies or 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 the housing stock. Provide tenancies/terms of occupation that meet all statutory and legal requirements Provide tenancies/terms of occupation that include an appropriate and agreed support provision where such support is necessary to establish a successful and independent tenancy/occupancy. Provide tenures that are appropriate to different risks, and that provide a sufficient degree of protection to the association enabling swift and decisive action where serious tenancy issues arise. 3.0 Linked Documents 1. Process and Flowchart 2. Guidance Name: Duncan Tilbe Date Reviewed: February 2017 Job Title: Housing Manager Next Review Due: February 2019
Flowchart for letting of properties and granting of tenancies Notice received (re-let or new let) Re-let: IM determine rent (social or affordable) & update Open Housing & email Housing Options & Neighbourhood teams. New let: Development determine rent (affordable or intermediate) and in put to Open Housing. Housing Options agree letting method with Neighbourhood Co-ordinator Estate agent only CBL Property advertised (Housing Options) with all relevant details (see 'Detailed Process') Direct let Shortlisting (Housing Options) Applicants shortlisted & checked for potential i-deal tenancy (job-seeker, support needs linked to welfare reform, other support need). Email to N/C & MM with shortlisted names, type of tenancy to be offered & details of any potential i- Deal tenancy. Viewing by estate agent. Advise applicant that tenure type will be confirmed at pre-offer interview with Impact. Estate Agent notifies result of viewing to Housing Options team. Viewing (N/C) Applicants informed of tenancy type & discussion regarding applicant's needs, including preliminary discussion regading any potential i-deal tenancy. Result of viewing(s) emailed to Housing Options, MM and Voids teams. If Impact tenant transferring will normally keep existing tenancy type Money Matters arranges Affordability check & pre-offer interview. Affordability check - Money Matters identify any support needs arising from check and inform Housing Options. Pre-offer interview (Housing Options) - Needs assessment carried out to formally assess support needs. Type of tenancy to be offered confirmed to prospective tenant (i-deal tenancy if relevant support needs). Offer letter sent to prospective tenant confirming offer and tenancy type. Email to N/C. N/C sets up tenancy on Open Housing including tenancy type. Sign-up meeting (N/C) N/C explains tenancy agreement - if an i-deal tenancy being granted, futher meeting arranged to agree details of support plan. Meeting to agree i-deal support plan (N/C) Virtual tenancy set up in Open Housing with details of support agreed.
1. Process for allocation of properties and granting of tenancies- Tenure Policy 1.0 Introduction This document details the processes in place, and roles and responsibilities, to ensure that the policy aim of granting appropriate tenancies is met. The document covers both general needs and supported housing lettings. 2.0 Overview of process The detailed process below maps the key stages of the allocations and lettings process, and within this, the processes linked to the granting of tenancies. The processes for dealing with decants and for matters relating to tenure but outside of the lettings process, are also detailed. 3.0 Flow chart of process The flowchart for this process is attached as a separate document. 4.0 Detailed process The following process is applicable to both re-lets and new lets. 4.1 Notice At the point that a notice of termination is logged to the Open Housing system (IBS), the Income Management team will determine the rent to be set (social or affordable), in line with the Rent Setting Policy. The rent will be set against the property on Open Housing, including the correct designation (social or affordable). This will determine whether a social rent or affordable rent Starter tenancy will be issued. The team will e:mail the rent and tenure type details to the Housing Options and Neighbourhood teams, including details for new let properties set up on the system by the Development team. For new properties being let for the first time, the appropriate rent will have been previously agreed and set on Open Housing by the Development team, in line with the Rent Setting Policy. The rent will normally have been set as either affordable or intermediate. The Housing Options team will agree the letting method with the appropriate Neighbourhood Co-ordinator. This will normally be one of the following methods: - Via the choice based lettings (CBL) scheme (other methods may also be used to let the property at the same time as advertising through CBL e.g. advertising with an estate agent). - Advertising with an estate agent only - Direct let (e.g. referrals from referral agencies, management transfers, to other potential applicants identified etc.) 4.2 Property advertisement and bid criteria (CBL lettings)
Property advertisements are prepared by the Housing Options team. Prior to an advert being placed the Housing Options staff will liaise with the appropriate Neighbourhood Coordinator to agree the lettings method and any particular requirements linked to the property and tenure type. For non supported Young Personsaccommodation available in the Foyers or shared houses the YP managers place adverts on CBL as required. The YP service also advertise non supported accommodation on Social media, through online advertisements and via publicity sent to referring agencies and placed in the locality. These properties are let on either assured shorthold tenancies or, where it is shared accommodation, on excluded Licence agreements For the young peoples service supported accommodation units, commissioned by supporting people, referrals are received via the Central ACCESS Portal. Applicants must complete a YP Script inline with 16-17yr protocol or a generic referral form if they are 18yrs and over. These properties are let on a non excluded licence agreement and are temporary accommodation only. The advert for a property will provide information to help enable the closest match between the property type and amenities, and the new tenants needs. This information will include the property type, number of bedrooms, any particular need the property is designed to meet, any adaptations and the permitted number of persons. The advert will also detail if the allocation will be a sensitive let. This will most commonly be applied where there has been anti-social behaviour issues in an area or at a scheme, and in order to minimise future risks a decision has been taken to exclude any applicants with a history of causing anti-social behaviour. The Housing Options team will also set bid criteria that will prevent bids from some applicants whose needs do not match the property provision. For some properties designed for a very specific purpose e.g. wheelchair user accommodation, ground floor accessible homes etc. the Housing Options team will also contact appropriate referral agencies to notify them of the vacancy and to invite direct applications. We are currently working with some referral agencies to set up new waiting lists for clients requiring particular types of property. 4.3 Shortlisting. The shortlisting of applicants who have bid for advertised properties, as well as other preallocations outside of the choice based lettings scheme, is carried out by the Housing Options team or by YP managers for the non supported YP accommodation. The shortlist generated will order bidders by priority and date registered. Prior to contacting bidders at the top of the list the Housing Options team will check the applicants need against any criteria set for the property with the objective of getting the best match between the needs of the applicant and the specific property type. Normally the applicants/bidders selected for an offer will be those with the highest priority from the group of applicants whose needs most closely match that of the property type and provision. As part of the shortlisting process the Housing Options team will check the relevant application form(s), identifying if the person is a job-seeker, has support needs linked to welfare reform or other support needs that might be met through an i-deal tenancy. Following selection of applicants from the shortlist, the Housing Options team will e-mail the appropriate Neighbourhood Co-ordinator with the names of applicants to be contacted to
4.4 Viewings arrange viewings. YP Managers will forward contact details of anyone suitable for the non supported YP accommodation on to an Independent Living worker who will contact the applicant to arrange a viewing and the completion of an affordability/assessment. Information in the e-mail will include the type of rent that has been set ( social, affordable, intermediate, fair) and the type of tenancy agreement to be issued, noting any initial support needs identified from the shortlisting and the possibility of an i-deal tenancy, if appropriate. Where young persons apply via the Cental Access portal for Supported accommodation. Independent Living workers complete an assessment and affordability process governed by Supporting People and will arrange to do this through a Meet and Greet with the applicant. Supporting agencies may also attend if this is the wish of the applicant. Viewings are normally carried out by Neighbourhood Co-ordinator s or by ILW s for the Young Person s service.based on the information received from the Housing Options team the Co-ordinator will advise each person viewing of the type of rent applicable and the likely tenancy agreement to be issued. The Housing Options team will highlight if a tenant is transferring and has a right to retain their existing tenancy type ( Assured (non-shorthold) periodic, Fair Rent tenancy, an Assured (non-shorthold) periodic tenant on Salterbeck transferring to another transferred property and with a protected right to buy). If an i-deal tenancy has been identified at this point as being appropriate, the Co-ordinator will advise the applicant informing them of the support needs identified and the types of support that might be provided. 4.5 Affordability check and pre-offer interview Following viewing and acceptance of a preliminary offer, the Income Management team will arrange an affordability check and pre-offer interview. The Income Management team will carry out the affordability check and will highlight any information relevant to an i-deal tenancy. Young Person s Service - ILW s conduct the affordability check and pre-offer interview/meet and Greet prior to making an offer for both supported and non supported YPS properties The pre-offer interview will be carried out by the Housing Options team following a successful affordability check. As part of this interview the team will: - Check details on the application form including specific needs and suitability for the property - Take evidence as proof of identity and right to rent (normally a passport or driving licence with photograph). If identity cannot be proved, the offer will be withdrawn and the applicants application suspended pending proof of identity. - Carry out a Needs Assessment to identify any further support needs or requirements - (YP Service request 2 references from either a previous /most recent landlord, employer, education establishment, supporting agencies or character reference where one of the above is not available) Taking account of the above information the type of tenancy to be offered will be confirmed to the applicant.
Following the affordability check and pre-offer interview the Housing Options team will write to the prospective tenant to confirm the offer, the type of tenancy and rent, and the tenancy start date. The team will e-mail the appropriate Co-ordinator to advise of the result of the interviews and attaching the offer letter. The mail will include details of particular support needs and any vulnerability issues that need to be considered. 4.6 Starting the tenancy and sign up On receipt of the e-mail from the Housing Options team the Neighbourhood Co-ordinator or ILW will set up the new tenancy on Open Housing, including recording the appropriate tenancy type, any vulnerabilities and linked notes and generating the tenancy agreement. The Co-ordinator/ILW will contact the new tenant to arrange a time and date for the Tenancy Sign Up meeting. This should normally take place at the new home and must be arranged to take account of any known vulnerabilities. At the sign up meeting the Co-ordinator/ILW will run through the terms and conditions of the tenancy agreement, and check for any outstanding matters/issues, including support needs. If an i-deal tenancy is being granted (general needs housing only) the Co-ordinator will detail the particular need(s) identified and have an initial discussion with the tenant with regard to how these might be met. The Co-ordinator will arrange a further meeting (normally to take place within one week of start of tenancy), to discuss and agree the details of the support/pathway plan. The plan will be attached as a schedule to the tenancy agreement. Young Person s Service only - If a Supported Licence is being offered the young person is allocated an Independent living worker and will create with them a Positive pathway plan detailing their goals and the steps to achieving these. The young person will meet with their ILW weekly to map their progress and identify any support required to help them manage their tenancy and move on to longer term accomodation 4.7. Properties let outside of CBL Estate Agents. In some instances (e.g. difficult to let properties, newly refurbished properties), the association advertises properties with local estate agents. Any property may either be advertised exclusively with the agent, or alongside a CBL advertisement and any other letting method agreed. The Housing Options team will provide the property details to the estate agent who will advertise as agreed and arrange viewings directly with interested customers. The advert should include all the normal details included in CBL adverts. Following viewings, interested customers will be referred on to the Housing Options team and an Affordability check and pre-offer interview arranged. The tenure type will be discussed and agreed during the pre-offer interview, and the process run as per CBL lettings from this point. Direct lets Some properties may be let directly to applicants. Most commonly this will be where an applicant has been referred by a referral agency or a management transfer (e.g. due to
serious anti-social behaviour, an urgent need to move for other reasons, a downsizing move etc.), has been agreed. Where a direct let is being progressed, a viewing will initially be arranged with the applicant and the process will progress as per CBL lettings from this point. The applicant will be advised of the tenure type at the viewing and this will be confirmed at the pre-offer interview. Decants Where a tenant needs to move to a temporary address in order that major repair works can be undertaken to their property, the Neighbourhood Co-ordinator/ILW will liaise with the tenant with regard to the specific arrangements. The tenant will keep their existing tenancy agreement and the rent charged to the tenant will remain unchanged. The temporary address will be designated as a void property on Open Housing. 4.8 Starter tenancy reviews (General Needs only) Starter tenancy reviews are co-ordinated by the Income Management team. The team generate a monthly documotive report showing tenancies started 11 months previous. Each tenancy is reviewed by the appropriate Income Management officer and Neighbourhood Coordinator and a decision taken based on the conduct of the tenancy either to convert the tenancy to an Assured (non-shorthold) periodic tenancy, to extend the starter tenacy for a further 6 months or to seek to terminate the tenancy. The considerations taken in making this decision are detailed in the Starter Tenancy Policy. The decision is recorded in a diary note against the tenancy on Open Housing, including the reason. The outcome of the review is communicated to the tenant in a letter. Where the decision is to convert the tenancy a letter is sent confirming conversion to an Assured periodic tenancy. No new tenancy agreement is issued. If the decision is to extend the tenancy the letter will outline the reasons for this and the expectations to be met within the six month extended period. The letter will confirm the right of appeal against the decision. If the decision is to seek to end the tenancy then this will be communicated in writing to the tenant, including the right to appeal the decision, and the process followed as detailed in the Starter Tenancy Policy. The decision will be recorded as a diary note in Open Housing. 4.9 Reviews of tenancy agreements The existing tenancy or licence agreements used by the association have been drafted by the associations housing solicitor s (Knox/Ellis) and are based on NHF model agreements. The agreements will be updated on an ongoing basis in line with changes in legislation, regulation or practice.the association uses external solicitor s to advise of any required changes as a result of changes in legislation, regulation etc. Every 3 years a more formal review will be undertaken, including checks of the agreements by the associations solicitors. It is the responsibility of the Housing Manager to ensure that all tenancy agreement are up to date and comply with legislative and regulatory requirements.
5.0 Responsibilities chart Responsibilities Board /CEO SMT APG R.O. s/ Managers All Staff Specific teams or roles listed Specific teams or roles listed Overall responsibility Review of Policy Communicating the policy and linked policies/documents Notice period- Initial determination of tenure type Housing Options/ILW New Let- Initial determination of tenure type Development/Housing Options/ILW Initial determination of an i-deal tenancy Housing Options Pre-Offer interview- Confirmation of tenure type Housing Options/ILW Input of tenure details to Open Housing Neighbourhood Coordinator/ILW Starter Tenancy Reviews Income Management/Neighbou rhood Team Decants Neighbourhood Team Tenancy Agreement reviews Housing Manager 6.0 Links to other policies and regulations Name: Duncan Tilbe Date reviewed: February 2017 Job title: Housing Manager Next review due: February 2019
2. Guidance for Tenure Policy 1.0 Impact s Guidance 1.1 Options for tenure types 1.11 Impact currently has ten possible tenure options for new lets and re-lets within its general needs and supported housing stock. These are: Assured shorthold 12 month tenancies (Starter tenancies-social rent) These tenancies are offered to people who, at the point of offer, are not already Impact tenants, including residents moving on from supported housing managed by Impact. Further details are given in the Starter Tenancy Policy. All Starter tenancies are reviewed after eleven months and dependent on the outcome of the review are either converted to Assured (non-shorthold) Periodic tenancies (see below), extended for a period of six months, or action is taken to end the tenancy. Full details of Starter tenancies are given in the Starter Tenancy Policy. Assured Shorthold 12 month tenancies (Starter tenancies- Affordable rent) These tenancies are offered to people who, at the point of offer, are not already Impact tenants, including residents moving on from supported housing managed by Impact, and where an Affordable rent has been set on the property. An affordable rent is set at 80% of the market rent, and Impact sets these rents as per the guidance in the Rent Setting Policy. Assured Shorthold (i-deal) 12 month tenancies (Starter tenancies- Social rent, Affordable rent and intermediate rent) Some new tenants are offered a Starter tenancy (an i-deal tenancy) that includes an obligation to engage with support primarily but not exclusively targeted at moving people towards employment and mitigating risks linked to welfare reform. These tenancies may be offered where the person is a job-seeker and/or where there is a particular risk linked to managing welfare reform changes (e.g. budget management skills, IT skills, a vulnerability such as a mental health issue, learning disability etc.). The tenancy includes terms and conditions relating to engagement with a support plan jointly agreed between the association and the tenant. Subject to a satisfactory review including engagement with the agreed support, the tenancy will convert to an Assured (non-shorthold) Periodic tenancy. Assured (non-shorthold) periodic tenancies (Social rent) Following successful completion of the shorthold/starter period, tenancies are converted to Assured (non-shorthold) periodic. Existing Impact tenants with an Assured (non-shorthold) tenancy will also be granted this tenancy on their new property. Assured(non-shorthold) periodic tenancies (Affordable rent) Following successful completion of the shorthold/starter period, tenancies are converted to Assured (non-shorthold) periodic. If the shorthold tenancy was based on an affordable rent, then so will the assured (non-shorthold) that replaces it. Existing Impact tenants with an Assured (non-shorthold) tenancy will also be granted this tenancy on their new property.
Assured (non-shorthold) periodic tenancies (tenants on Salterbeck who transferred from Allerdale Borough Council in March 1999) Tenants living in properties on the Salterbeck estate in Workington who transferred as part of the stock transfer from Allerdale Borough council in March 1999, have Assured periodic tenancies with a preserved Right to Buy. Where these tenants transfer to another transferred property on the estate they are granted a tenancy agreement with the same terms and conditions, including the preserved right to buy. If a tenant transfers to another property on the estate that wasn t part of the transfer, or to any other Impact property off the estate, then the normal Assured(non-shorthold) periodic tenancy will be granted without the preserved right to buy. This will be either a Social or Affordable rent tenancy dependent on the rent set. Fair Rent Tenancies Some existing tenants of the association still have fair rent tenancies. Where these tenants transfer the right to a fair rent tenancy is retained and a new fair rent tenancy with a reregistered rent, will be granted. Assured Shorthold (Intermediate rent)tenancies These tenancies are offered to tenants of new properties that have been developed without public assistance (e.g. HCA funding), where the person has not been nominated by a local authority under s.159(2)(c) Housing Act 1996, the property has not previously been let on a social rent basis and is not Affordable rent housing. The agreement remains a shorthold agreement for the lifetime of the tenancy i.e. it does not convert to an Assured (nonshorthold) periodic agreement. Assured Shorthold (Positive Impact)tenancies These tenancies are offered to residents in the Positive Impact service who are taking a temporary tenancy in self contained accommodation (i.e. there are no shared facilities/rooms), and where the level of the support provided is low. The tenancies are granted for a six month period and include support clauses and a requirement to engage with the support identified and agreed. The tenancy may be offered to residents moving on from shared accommodation with higher support levels, or to residents moving directly into the accommodation and with low support needs. Licence agreements Licence agreements are granted to residents in Impacts Positive Impact service. They will be offered where the accommodation has shared facilities/rooms and/or where a level of support is provided. Licence agreements offer less security than tenancy agreements, however they provide greater flexibility enabling the association to deal more immediately with issues that might arise and allowing Impact to accommodate people who may otherwise struggle to find a home. Licence Agreements are also granted to occupants in Impact s Shared Supported Living Schemes where accommodation is provided to individuals with varying (though most often) high levels of care and support requirements, without which the individual would be unable to live independently. A third party support provider operates within these premises fulfilling the intensive support role. In all cases, the accommodation provides access to
shared facilities, with a bedroom being for the exclusive use of the Licencee. Although the accommodation is intended to be let on a permanent basis, Licences are used to enable the Association and support provider to deal more immediately with serious issues that may arise which would present a risk to other vulnerable occupants and to meet the requirement to gain regular and unfettered access to deliver care and support services. 1.12 Management Agreements Impact works with a number of organisations who provide housing management and support services under the terms of a management agreement. These organisations will normally specialise in a particular area of support and the purpose of the agreement is to ensure high quality provision for people with a particular need and/or vulnerability. The agent will provide support services either through a direct and separate agreement with the occupant or through a contract with Supporting People or another commisionuing body. 1.13 Leasehold The residents of schemes managed under a management agreement will remain as tenants/licencees of the association. The type of tenure granted will be specified by Impact in consultation with the agent, and will normally be attached as a schedule to the management agreement. Impact also provides a small number of leasehold properties. Residents of these properties will have leasehold agreements drawn up by the association and agreed at the point of sale. 1.14 Fixed term tenancies The Homes and Communities Agency (HCA) has published a tenancy standard effective from April 2012 that has allowed Housing Associations/Registered Providers to use fixed term tenancies for some or all of it s re-lets. Such tenancies should be for a period of no less than two years, with an expectation that most terms will be for five years.the association has decided that at this point it will not use fixed term tenancies. It is Impact s view that there is already a range of tenancy options available which allow us to manage the housing stock effectively, including for dealing with issues of underoccupancy and affordability. Recent information indicates that very few tenants have high income levels and that accessing affordable accommodation is not an issue for those in greatest housing need linked to the supply of accommodation. Local authorities in Cumbria and Lancaster have sought the views of Registered Providers on fixed term tenancies when developing their local strategies and have confirmed that they do not see a local need for these tenancies. 1.15 Tenures for tenants who decant Occasionally tenants will need to leave their normal address whilst essential repair work is carried out to their home. This is known as a decant. In these circumstances the tenant keeps their normal tenancy agreement for their permanent address (i.e. no new tenancy agreement is issued) and the rent that they pay continues at the same level subject to any standard rent reviews.
1.16 Vulnerable tenants Some tenants may be vulnerable by reason of age, illness, disability, addiction, language etc. All tenancies granted and policy and practice will ensure that proper account is taken of any vulnerability issue, and that tenants with vulnerabilities are not disadvantaged and can sustain their tenancies. Specific measures to ensure this include; - The provision of a diverse range of accommodation and services that enables a diverse range of needs to met - A needs assessment during the tenany offer stage and the provision of appropriate support linked to the tenancy granted (e.g. licences and tenancies that include the provision of support and including the i-deal tenancy agreement). - Regular contact with residents e.g. via tenancy visits, regular area walkabouts etc. and an early intervention approach aimed at preventing problems from escalating. - A team around the resident approach ensuring a multi team/multi agency approach to problems linked to tenancy sustainability - Support Plans (Positive Impact) that address vulnerability issues. All tenancy agreements granted provide a level of security and stability. Termination of a tenancy will only be sought where all appropriate measures to address an issue have been exhausted, including measures to address issues arising from a vulnerability. Decisions to terminate a tenancy will take account of the households vulnerability and the particular impacts and risks linked to this. Any decision taken will be fair and proportionate to the particular circumstances of the case and the household. 1.17 Housing Advice Where a tenancy is not offered the Association will provide advice on the potential options available to the customer. This may include: - Other options for renting (e.g. bidding for another providers accommodation, mutual exchange, private renting) and other appropriate advice linked to this (e.g. advice linked to the bidding process) - Potential options for buying (e.g. shared ownership, leasehold, schemes to help first time buyers etc.)) - Support/training linked to tenancy sustainability - Signposting to other agencies e.g. Citizens Advice, Homelessness departments, support agencies etc. 1.18 Mutual Exchanges and Succession The association s approach to mutual exchanges and succession is set out in separate policy statements appended to the Cumbria Choice Lettings Policy.
2.0 Legal Guidance 2.1 Legislation and Regulation The association will adopt a Tenure policy that complies with the relevant legislation and regulation, including: - The Housing Act 1996 - The Localism Act 2011 - The HCA Regulatory Framework for Social Housing- April 2012 3.0 Links to other guidance This guidance links to the following policies: Cumbria Choice Lettings Policy Starter Tenancy Policy Eviction Policy Rent Setting Policy Anti-Social Behaviour Policy Welfare Reform and Impact s approach to under-occupancy Name: Duncan Tilbe Date reviewed: February 2017 Job title: Housing Manager Next review due: February 2019