National s Compliance Tenancy 1.1.1 Registered providers shall let their homes in a fair, transparent and efficient way. They shall take into account the housing needs and aspirations of tenants and potential tenants. They shall demonstrate how their lettings make the best use of available housing BH is signed up to the Homes For Bolton Allocations & Lettings Policy. This policy brings in line the changes to legal responsibilities following the transfer of housing stock to BH from the council and follows a strict code of guidance. The policy was agreed with Bolton Council, Bolton Community Homes (BCH) and BH Board. Bolton Council and Homes for Bolton operates a choice based lettings service run by the Find a Home service. This is a partnership of eight landlords, including BH, representing approximately 95% of social rented houses in the Borough and providing access to over 24,000 homes for rent I the Bolton area. Priority is given to those in housing need so that properties are allocated to those that need them the most. Advertised properties have lettings criteria to ensure the right people get the right properties, for example sheltered and family homes. The Allocations & Lettings Policy is available for customers on both the Homes for Bolton and BH websites. To demonstrate transparency, customers are able to access the Homes for Bolton website which identifies which properties have been allocated the previous week and the position of the successful applicant. 1.1.2 Registered providers shall demonstrate how they are compatible with the purpose of the housing BH demonstrate their compatibility by providing accommodation that suits the needs of the customer in terms of their family make up and look at three main principles: Bedroom criteria which is clearly set out in the Allocations Policy to ensure under occupancy/overcrowding is avoided. Affordability checks carried out before a firm offer is made, this is to ensure the tenant is not placed in unnecessary financial hardship. Verification process which includes, requesting references from current landlord and employers. Where these are not available BH have an agreement with Bolton Council and Greater Manchester Police where we carry out information sharing process which provides details of any convictions. BH is a charitable organisation and is required to provide services and accommodation to meet the needs of vulnerable tenants as part of there housing requirements; at least 75% or more of its tenants are classed as in housing need. 1.1.3 Registered providers shall demonstrate how they contribute to local authorities strategic housing function and sustainable communities BH demonstrate how they contribute to local authorities strategic housing functions by being a leading partner in Bolton Community Homes (BCH) and play a key role in the Homes For Bolton s choice based lettings service. BH are involved in the housing needs and strategic housing market assessment undertaken in the Borough to identify the type of housing required to meet the needs of the Borough. The types of homes we build therefore are based on information gathered from the strategic housing market assessment. BH properties are all advertised on the choice based lettings service run by the Find a Home service. Customers are able to access this through the BH website or via any BH access point. The Find a Home service provide customers the opportunity to chose where they want to live by making an expression of interest in advertised homes. BH also works in partnership with BCH in the delivery of new build properties which are advertised through Homes for Bolton. This partnership ensures we are building the right type of property in the right area. 1.1.4 There should be clear application, decision-making and appeals processes The Allocation and Lettings Policy clearly sets out the decision and appeals process. This is a two-stage appeal process which is administered by a manager at stage one and a senior manager at stage two. The Allocations & Lettings Policy is available for customers on both the Homes for Bolton and BH websites, it also available in BH offices. 1.2 Enable their tenants to gain access to opportunities to exchange their tenancy with that of another tenant, by way of internetbased mutual exchange services BH use the Homeswapper online Mutual Exchange register that is used by other BCH landlords. There are on average 1000 BH tenants registered on Home swapper and these applications are supported by a dedicated Moving Options Officer. BH provides an exchange incentive package up to 500 for Welfare orm impacted tenants who exchange, this includes a removal service. Page 1 of 7
National s Compliance Tenancy 1.1 Co-operate with local authorities strategic housing function, and their duties to meet identified local housing needs. This includes assistance with local authorities homelessness duties, and through meeting obligations in nominations agreements. BH demonstrate how they contribute to local authorities strategic housing functions by being a leading partner in Bolton Community Homes (BCH) and play a key role in the Homes For Bolton s choice based lettings service. The Transfer Agreement which was agreed between the Council and BH at the point of transfer includes a: Nominations Agreement Dispersed Properties Agreement Agreement for properties for Asylum, Adult Services and Children s Services. In addition to that, there is an agreement to provide properties for homeless cases and the Allocations and Lettings Policy ensures that homeless applicants receive the high needs plus category and therefore priority re-housing. 1.2 Develop and deliver services to address under-occupation and overcrowding in their homes, within the resources available to them. These services should be focused on the needs of their tenants, and will offer choices to them. BH work in partnership with Homes for Bolton who carry out overcrowding assessments for applicants on the housing register. Therefore any under-occupation or overcrowding enquires are sign posted to the Homes For Bolton Team. Tenants classed as overcrowded are awarded priority and can access a larger property through the choice based lettings system. Homes for Bolton has reviewed its Allocations & Lettings Policy in light of Welfare orm changes and changed the criteria to focus on high needs priority on Welfare orm impacted tenants. BH has reviewed how it allocates in line with the Allocations & Lettings policy in view of Welfare orm impacts. BH now carries out affordability checks on new tenants in order to minimise under occupation and reduce financial stress to new tenants. Tenants who under occupy their current home are supported to the Downsizing scheme operated by BH. The Moving Options Officer will support tenants impacted by Welfare orm to downsize their home. The scheme is also open to all tenant but only Welfare orm tenants would get high needs priority. This support provided by BH includes payment for reconnection of gas, electric and appliances, financial help with removals, rent overlap payments and decoration (offering decorating vouchers, dependent on property, up to a maximum of 250). BH downsized 204 tenants in 2013/14 with focus mainly on those tenants impacted by the Bedroom Tax. 1.3.1 Published policies shall include how they have made use of common housing registers, common Allocations policies and local letting policies. The Tenancy Policy and Allocations & Lettings Policy set out how social rented properties available to let within the district are offered to customers and allocated. These policies are reviewed every three years with our Customer Committee and made available on the BH website they have been reviewed following the introduction of Welfare orm. 1.3.2 They shall clearly set out, and be able to give reasons for, the criteria they use for excluding actual and potential tenants from consideration for Allocations s, mobility or mutual exchange schemes. The Allocations & Lettings Policy sets out the criteria for offering a property. BH always writes to inform tenants and potential tenants they have been excluded from consideration giving the reason why and confirming they have the right to appeal and how to do this. Advocates, e.g. the Citizens Advice Bureau can do this on behalf of actual/potential tenants. The Downsizing Policy sets out clear criteria for officer and customers to assess who can apply for the scheme. This criteria includes reference to tenancy breaches e.g. arrears and is flexible to allow movement if arrears under 300 and the tenant is engaging with services to repay the arrears. 1.4 Develop and deliver Allocations s processes in a way which supports their effective use by the full range of actual and potential tenants, including those with support needs, those who do not speak English as a first language and others who have difficulties with written English. Bolton Council and BH have Equality and Diversity Strategies and action plans and all staff receive diversity training to ensure we treat customers fairly. Equality Analyses, identifying specific needs of protected characteristics are also completed for customer facing services every 3-4 years. BH completed an EA on the allocation process in January 2013. The Sustainment & Support Service assists tenants through the Allocations s process and in their new tenancy by identifying what support is required pre-tenancy and providing that support post sign up via the team, Successful Tenancy Planning ( STeP) and Housing Support Officers. 1.5 Minimise the time that properties are empty between each letting. When doing this, they shall take into account the circumstances of the tenants who have been offered the properties. Specialist support staff are available for home visits if required and they contact all vulnerable tenants to offer assistance post sign up. BH has processes in place to monitor progress on empty (void) properties. This is carried out by joint working between our Relet Team and the Technical Services Team. Local targets are set with staff and approved by the Tenant Committee to reduce relet times of 28 days and void targets, currently 300 across the organisation. Page 2 of 7
National s Compliance Tenancy In light of Welfare orm, BH has reviewed Allocations s and has introduced guidelines for staff to follow when allocating properties to minimise under occupancy in our properties. 1.6 1.7 Record all lettings and sales as required by the Continuous Recording of Lettings (CORE) system. Provide tenants wishing to move with access to clear and relevant advice about their housing options. BH staff complete CORE forms for all lettings and this is collected and monitored to ensure they are completed inline with government legislation. BH provide access to clear information and advice of their housing options via telephone and face to face at Ucan s and BH offices. The Allocations & Lettings Policy available on website also provides information on options available.. The Complex Families and Interventions Team assist vulnerable tenants through the Allocations s process. Staff are available for home visits if required and they contact all vulnerable tenants to offer assistance. BH has a dedicated Moving Options Officer who supports tenants impacted by Welfare orm review their housing options including downsizing to an empty property and/or exchanging via Homeswapper. This service supports tenants from registration to move and advises on the incentives on offer to encourage a move. 1.8.1 Subscribe to an internet based mutual exchange service (or pay the subscriptions of individual tenants who wish to exchange), allowing a tenant to register an interest in arranging a mutual exchange through the mutual exchange service without payment of a fee BH use the Homeswapper online Mutual Exchange register that is used by other BCH landlords. There are on average 1000 BH tenants registered on Home swapper and these applications are supported by a dedicated Moving Options Officer. BH provide an exchange incentive package up to 500 for Welfare orm impacted tenants who exchange, this includes a removal service. This exchange service is free to all BH tenants. 1.8.2 Subscribe to an internet based mutual exchange service (or pay the subscriptions of individual tenants who wish to exchange), allowing the tenant to enter their current property details and the tenant s requirements for the mutual exchange property they hope to obtain Tenants can access the exchange register direct and when verified will be allowed to complete the application and upload photos for their live exchange application. For those tenants who need support registering the Moving Options Officer will provide support, this including uploading photos for the tenant and update them on the matches. The Moving Options Officer will also offer an estate agent viewing service for those tenants who do not feel confident showing a potential exchanger around their home. 1.8.3 Subscribe to an internet based mutual exchange service (or pay the subscriptions of individual tenants who wish to exchange), allowing the tenant to be provided with the property details of those properties where a match occurs The Homeswapper service has a built in matching system that notifies tenants of any potential matches by email and by text. There is also a report available which tenants can run to find current property matches. The tenant can set criteria for the match e.g. area. For those tenants who need support finding matches the Moving Options Officer can support. 1.9 1.10 Ensure the provider of the internet based mutual exchange service to which they subscribe is a signatory to an agreement, such as HomeSwap Direct, under which tenants can access matches across all (or the greatest practicable number of) internet based mutual exchange services. Take reasonable steps to publicise the availability of any mutual exchange service(s) to which it subscribes to its tenants. BH use the Homeswapper online Mutual Exchange register that is a national system with over 300,000 homes registered and 860+ landlords. 60,000 homes nationally have been swapped using Homeswapper The Homeswapper Mutual Exchange Service has been advertised widely to BH tenants in both the tenant magazine Door to Door and via a link on the BH website. The scheme has been promoted on Bolton FM radio station, via local community UCAN s and workshops. In addition ad hoc events have been used to encourage exchanging - speed dating events at UCANS. Marketing material including posters, display boards and leaflets are available for tenants in all BH offices. Page 3 of 7
National s Compliance Tenancy 1.11 Provide reasonable support in using the service to tenants who do not have access to the internet. For tenants with no internet access Homeswapper is available via the internet at local UCAN s and at all local housing offices with Wi-Fi guest access. The Moving Options Officer also use 3 G Tablets with internet access and provides home visits to register tenants, this service includes supporting the tenant to register, take and upload property photos. 2.R 2.1 Offer 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 their housing stock. BH s Tenancy Agreement is a legal agreement between the tenant and BH. It sets out both the tenants and BH s rights and responsibilities. The types of Tenancy Agreement are: Assured Shorthold - Starter Tenancies Assured Non-Shorthold for new tenants to BH Assured Non-Shorthold (preserved rights) for those who were tenants prior to transfer BH s Tenancy Policy is available on the BH website and outlines the range of tenancy types used by BH. 2.R 2.2 2.1.1 Meet all statutory and legal requirements in relation to the form and use of tenancy agreements or terms of occupation. policies, which outline their approach to tenancy management, including interventions to sustain tenancies and prevent unnecessary evictions, and tackling tenancy fraud, and set out the types of tenancy they will grant. In addition, BH promotes the Mutual Exchange and Transfers Service to make best use of housing stock. A new tenancy agreement is in place after consultation with tenants to ensure that tenants rights are protected. Details of all Tenancy Agreement types are All new tenants are given the Tenancy Agreement at sign up. The Tenancy Policy and Allocations & Lettings Policy set out how social rented properties available to let within the district are offered to customers and allocated. The policies are reviewed every three years with our Tenant Committee and made available on the BH website they have been reviewed following the introduction of Welfare orm. Tenancy and Housing Fraud is tackled by a Specialist Enforcement Team who have been trained in fraud and have access to data sharing tools (Who s Home and NAFN Database). In 2013/14 over 35 homes were returned to stock for letting as a result of fraud case action. Fraud actions and property returned to stock is a KPI reported to Tenant Committee each quarter. This is separate from property returned to stock that has been abandoned which is a separate KPI. 2.1.2 policies, which outline where they grant tenancies for a fixed term, the length of those terms. BH s Tenancy Agreement is a legal agreement between the tenant and BH. It sets out both the tenants and BH s rights and responsibilities. The types of Tenancy Agreement are: Assured Shorthold - Starter Tenancies Assured Non-Shorthold for new tenants to BH Assured Non-Shorthold (preserved rights) for those who were tenants prior to transfer 2.1.3 2.1.4 policies, which outline the circumstances in which they will grant tenancies of a particular type. policies which outline any exceptional circumstances in which they will grant fixed term tenancies for a term of less than five years in general needs housing following any probationary period. 2.1.5 policies, which outline the circumstances in which they may or may not grant another tenancy on the expiry of the fixed term, in the same property or in a different property. Page 4 of 7
National s Compliance Tenancy 2.1.6 2.1.7 policies which outline the way in which a tenant or prospective tenant may appeal against or complain about the length of fixed term tenancy offered and the type of tenancy offered, and against a decision not to grant another tenancy on the expiry of the fixed term policies which outline their policy on taking into account the needs of those households who are vulnerable by reason of age, disability or illness, and households with children, including through the provision of tenancies which provide a reasonable degree of stability. The Allocations & Lettings Policy outlines how housing eligibility needs and any relevant change of circumstances when assessing the most appropriate band for the tenant to be placed in. The policy also provides information on circumstances in which High/Urgent Needs may be awarded. The Registration Form completed at the point of registration ask for information of the household including disability, number of children. Applicants can also indicate whether they need assistance in finding out about homes available for rent and how to express interest when they are advertised. Family Intervention Tenancies may be provided to tenants at risk of eviction from social housing due to anti-social behavior or for applicants who would otherwise be deemed unsuitable to be a tenants for such behavior. BH carry out Equality Analysis of all tenant facing polices with officers and tenant groups. By completing an Equality Analysis, BH are ensuring all aspects of equality are considered and no tenant groups are disadvantaged. Through networking with other organisations and agencies such as the Probation Service and Social Services, BH works together to develop support plans for potential tenants who require re housing. 2.1.8 policies which outline the advice and assistance they will give to tenants on finding alternative accommodation in the event that they decide not to grant another tenancy. All new tenancies are starter tenancies and BH send letters within 11 months to tenants who are on a starter tenancy, stating either that they propose to grant another tenancy on the expiry of the existing fixed term or that they propose to end the tenancy. In these cases BH would sign post to other agencies The Tenancy Policy is being reviewed to include a section which outlines the advice and assistance BH will give to tenants on finding alternative accommodation in the event that BH decide not to grant another tenancy. The revised policy will be published on the BH website. 2.1.9 policies which outline their policy on granting discretionary succession rights, taking account of the needs of vulnerable household members. BH publish details of the probationary tenancies in the Tenants handbook, on BH website, in the Tenancy agreement and is explained on sign up to new tenants, BH refer to them as starter tenancies. BH has a Succession Policy which takes the succession rights of those who are vulnerable into account, by ensuring they have access to information regarding their rights to succession if appropriate. The Succession Policy is 2.2 2.3 Must grant general needs tenants a periodic secure or assured (excluding periodic assured shorthold) tenancy, or a tenancy for a minimum fixed term of five years, or exceptionally, a tenancy for a minimum fixed term of no less than two years, in addition to any probationary tenancy period. Before a fixed term tenancy ends, registered providers shall provide notice in writing to the tenant stating either that they propose to grant another tenancy on the expiry of the existing fixed term or that they propose to end the tenancy. BH has decided not to use fixed term tenancies on affordable homes. Our Assured Shorthold Starter Tenancies, Assured Non-Shorthold and Assured Shorthold (preserved rights) tenancy agreements have been approved by Legal Services and meet all legal requirements as set out in BH s Tenancy Agreement. BH send letters within 11 months to tenants who are on a starter tenancy, stating either that they propose to grant another tenancy on the expiry of the existing fixed term or that they propose to end the tenancy. The Starter Tenancies automatically becomes an Assured Non-Shorthold tenancy after 12 months unless BH has taken action to end the tenancy. Page 5 of 7
National s Compliance Tenancy BH provides a fully effective Tenancy Sustainment and Support Service to our tenants through the active delivery of highly planned and directed housing advice, assistance, and support. We aim to promote success for tenants with their tenancy and give them a platform to address other challenging issues and circumstances within their lives. 2.4 2.5 Where registered providers use probationary tenancies, these shall be for a maximum of 12 months, or a maximum of 18 months where reason for extending the probationary period have been given and where the tenant has the opportunity to request a review. Where registered providers choose to let homes on fixed term tenancies (including under Affordable Rent terms), they shall offer reasonable advice and assistance to those tenants where that tenancy ends. BH have probationary tenancies referred to as Starter Tenancies, details are available for tenants in the Tenants handbook available on the BH website, in the Tenancy Policy and is explained to tenants at sign up. The Starter Tenancies automatically becomes an Assured Non-Shorthold tenancy after 12 months unless BH has taken action to end the tenancy 2.6 Make sure that the home continues to be occupied by the tenant they let the home to in accordance with the requirements of the relevant tenancy agreement, for the duration of the tenancy, allowing for regulatory requirements about participation in mutual exchange schemes. to BH 2.7 Develop and provide services that will support tenants to maintain their tenancy and prevent unnecessary evictions. BH provided the following support services to tenants: The Preventative & Enabling team Tenancy Sustainment Service to help people maintain their tenancies Family Intervention team Welfare to work support programme we are winding this project down and it will due to close in August Specialist support and intensive housing management given to tenants in sheltered schemes. Activities Coordinator in post for sheltered schemes and older persons accommodation Special Sustainment & Support teams Robust training package for all sustainment and support staff covering safeguarding substance misuse, Dementia, mental health, dealing with tenants in distress, support planning etc New income management processes in place which ensures interventions by the sustainment and support services to prevent legal actions being taken against them. New IT system being developed to case manage sustainment and support cases effectively BH s tailored support packages are provided to approx. 600 vulnerable tenants. BH has also reviewed how homes are allocated to new tenants to minimize the risk of bedroom tax and to make best use of our stock for potential tenants. 2.8 Grant those who were social housing tenants on the day on which section 154 of the Localism Act 2011 comes into force, and have remained social housing tenants since that date, a tenancy with no less security where they choose to move to another social rented home, whether with the same or another landlord. (This requirement does not apply where tenants choose to move to accommodation let on Affordable Rent terms). BH will ensure that all tenants are aware of their full range of rights and responsibilities, including any rights we committed to preserve at transfer, and what they can expect from us. Information is provided in a variety of ways to suit tenant s needs, including the Tenancy Agreement, the Tenants Handbook all available on our website. At transfer all BH tenants where advised of there preserved rights in the Offer Document which explained tenants would retained the same rights they had prior to transfer. Page 6 of 7
National s Compliance Tenancy 2.9 Grant tenants who have been moved into alternative accommodation during any redevelopment or other works a tenancy with no less security of tenure on their return to settled accommodation. BH offer alternative accommodation to tenants during redevelopment or other works that call for the tenant to move out. The process will not incur any expenditure for the tenant. Tenants who are moved on a decant during redevelopment or other works are given no less tenancy tenure from their current status. BH work to a Decant Procedure and is currently reviewing the Decant Policy, consultation is planned with Tenant Committee by October 2014. Page 7 of 7