This policy defines and establishes the type of tenancy or occupancy agreements offered by Selwood Housing Group.

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

Paradigm Housing Group Tenure Policy

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

Tenancy Policy. Document control

Tenancy Policy. Director of Operations. Homes and Neighbourhoods. 26 March Page 1 of 10

3.1.b Helping local authorities to meet their strategic housing goals. 3.1.d Providing clear information for customers about options / choices

SSHA Tenancy Policy. Page: 1 of 7

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

GreenSquare Tenancy Policy

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

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

Cross Keys Homes Tenancy Policy

MAGNA HOUSING GROUP TENANCY POLICY

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.

POLICY: FIXED-TERM TENANCIES. 1.0 Introduction. 2.0 Aims and Objectives. 3.0 Policy Statement. 4.0 Background Legislation & Legal Framework

Tenancy Policy. 1 Introduction. 12 September Executive Management Team Approval Date: Review date: September 2018

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

End of fixed term tenancy policy

Tenancy Strategy

Tenure Policy. 1.0 Purpose. 2.0 Impact Housing s commitment. 3.0 Linked Documents

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

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

Succession and Discretionary Tenancy Policy

Wandsworth Borough Council. Tenancy and Rent Strategy

Rent Setting Policy

Tenancy Transfer, Succession and Mutual Exchanges Policy

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

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

Rent setting Policy. Contents. Summary:

SERVICE POLICY MUTUAL EXCHANGES AND SUCCESSIONS OF TENANCY

Mutual Exchange Policy

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

RENT SETTING & SERVICE CHARGES

National Standards Compliance Tenancy Standard Summary Report Quarter /15

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

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

We also manage a portfolio of properties on behalf of another landlord that includes market rented properties.

Starter (probationary) tenancy policy

Lettings Policy. Author: Kerri Hargreaves Tel:

Royal Borough of Kensington and Chelsea. Tenancy Policy

Allocations and Lettings Policy

Allocations policy Social rented homes

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

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

VOLUNTARY RIGHT TO BUY POLICY

Mutual Exchange Policy

Mutual Exchange Policy

H 19. Sustainability Policy. April 2017 April 2020

Relevant business manager.

Mutual Exchanges Policy

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

Southend-on-Sea Borough Council. Tenancy Policy

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

Mutual Exchange Policy

Strategic Housing Role of Local Authorities in the Big Society

TENANCY CHANGES POLICY

Lodger and sub-letting policy

Supporting documents; Devon Home Choice policy and procedures, Rentplus lettings process and criteria

Rent and Service Charge Policy

Drafting your Fixed Term Tenancy: Tips and Traps

Starter Tenancy Policy

EastendHomes ASSIGNMENT, SUCCESSION AND MUTUAL EXCHANGE POLICY

The Social Housing Regulator & Housing Co-operatives. Blase Lambert CCH Conference 2016

STARTER TENANCY POLICY

homes for rent how to apply for a home

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

Starter Tenancy Policy

Briefing: Rent reductions

2 Training Programme

Assets, Regeneration & Growth Committee 17 March Development of new affordable homes by Barnet Homes Registered Provider ( Opendoor Homes )

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

Voluntary Right to Buy Policy (Midlands Pilot)

ROTHERHAM METROPOLITAN BOROUGH COUNCIL S STRATEGIC TENANCY POLICY,

ALLOCATIONS & TENANCY POLICY

Value for Money. Self Assessment Summary 2017

ORBIT VOLUNTARY RIGHT TO BUY POLICY

Briefing: Rent reductions

Mutual Exchange Policy

Policy on the Discharge of Duty to Homeless Applicants owed a duty under Section 193 of the Housing Act 1996

Allocations Policy. Purpose and scope

Tenancy Policy March 2016

This Policy applies to eligible Knightstone tenants wishing to purchase their rented home using the Social HomeBuy scheme

Joint Tenancies Policy

Localism and the future of affordable home ownership. Cornwall Council. Louise Dwelly Strategic Affordable Housing Manager

Tenancy Changes Policy

If the Council offers you a property the offer letter will explain the type and length of the tenancy.

Rent Setting and Service Charge Policy (Social and Affordable Properties)

Reference: SO/SRR/DW Approved: 4/4/17. Shared Ownership Staircasing Reverse Staircasing, and Remortgaging. Author: Deborah White Approved by:

2. The BSA welcomes the opportunity to respond to the Welsh Government s White Paper on the future of housing in Wales.

Briefing. Regulatory Framework from 1 April Neighbourhoods. Tel: Date: April 2012 NS.RE.2012.BR.

homes for rent how to apply for a home

Managing the impact of housing reforms in your area: Working towards the tenancy strategy

Affordable Homes Service Plan 2016/17 and 2017/18

Peabody Regency Portfolio Policy

Circle Housing Wherry

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

Local Lettings Plan. Pines Court, Bakers Corner and East Street Flats. North Dorset District Council. and. Spectrum Housing Group

Assignment, Mutual Exchange and Succession Policy

Qualification Snapshot CIH Level 3 Certificate in Housing Services (QCF)

Community Housing Federation of Victoria Inclusionary Zoning Position and Capability Statement

Transcription:

Tenancy policy Author: Richard Flavin Tel: 01225 715740 Email: r.flavin@selwoodhousing.com All policies are the responsibility of the leadership team to own, deliver, disseminate, monitor and review. PURPOSE This policy defines and establishes the type of tenancy or occupancy agreements offered by Selwood Housing Group. UNDERPINNING PRINCIPLES The regulatory framework requires registered providers to publish clear and accessible policies that outline our approach to tenancy management, and to have due regard to the tenancy strategies publishes by the local authorities in which we operate. This includes the national standards that we are required to meet. This policy relates to the Tenancy Standard which requires housing providers to grant tenancies which are compatible with the: purpose of the accommodation needs of the individual household sustainability of the community efficient use of the stock POLICY DETAIL Neighbourhoods Responsibility It is the responsibility of the neighbourhood services team manager to ensure that we have tenancy agreements that meet legal and regulatory requirements. They will also ensure the necessary processes are in place and they are properly managed so that the correct tenancy is used, along with ensuring the objectives of this policy are achieved. 1

Policy Principles All of our tenants will be given a written contract for the occupation of their home. The tenancies granted will be suitable for the purpose of the accommodation, meeting the needs of individual households, the sustainability of the community and the efficient use of our homes. The tenancies will be fair and provide our tenants with statutory and other appropriate rights. They will also be mindful of the circumstances and needs of the individual tenants, particularly any vulnerability. When issuing tenancies we will be mindful of the needs of the business, assets and our homes. We must ensure that we maximise our income, actively manage the assets that we have, (including the disposal of properties and the adaptation of homes) and make the best use of our stock and the public investment within them. We will be clear and transparent in our approach to offering different forms of tenure and will offer those affected by the decisions a right of appeal. We will comply with the regulatory requirements under the Homes and Communities Agency Homes and Tenancy Standards, and we will protect the tenure rights of existing tenants who wish to exchange homes with another tenant should their tenancy allow. Additional Clauses We will insert additional clauses into tenancies, in order to enable individuals to hold a tenancy of a property which we otherwise would not offer them. Examples of this may be: We let specially adapted homes on the understanding of and with the insertion into the tenancy, a clause that the tenant may be required to move to alternative suitable accommodation should the adaptations no longer be needed by a member of their household. 2

We may also grant a tenancy agreement with the conditions included that the tenant will engage with support agencies such as drug or alcohol services, tenancy sustainment or mental health support providers. The recovery of former tenant arrears or charges relating to works undertaken. The insertion of clauses relating to training/education/life skills commitments as part of that tenancy relating to shared accommodation where it is relevant. Local Authority Partner Tenancy Strategies Wiltshire s Tenancy Strategy principles most relevant to this policy concern affordability and flexible or fixed term tenancies. Wiltshire Council, whilst understanding fully the current HCA development regime based on 80% open market rents (affordable rents), ask housing providers when setting rents to be mindful of affordability issues and welfare reform changes. They will support affordable rents on new developments as long as these fall within the housing benefit cap. Wiltshire Council welcomes the additional local flexibility of fixed term tenancies as they provide an opportunity to address issues such as under occupation, improve stock turnover, and encourage the best use of limited stock. With regard to tenancies of less than five years, Wiltshire Council will support these in particular circumstances for particular needs. Somerset County Wide Tenancy Strategy has similar themes around affordability and criteria relating to fixed term tenancies. Bath & North East Somerset (BANES) Council Tenancy Strategy states that the policies of registered providers are expected to set a balance between the use of the Affordable Rent Tenancy and meeting local housing needs, ensure that the approach to fixed term tenancies is consistent and fair, that the implementation of flexible tenancies does not have a negative impact on homeless and vulnerable households, and manage the introduction of 3

Affordable Rent Tenancies to the extent that will generate and support an agreed level of future development investment for the district. Use of Tenure Type. We will use the following forms of tenure. Assured (non shorthold) Periodic Tenancy Assured Shorthold Tenancy Assured Shorthold in the form of a Starter Tenancy Licence (usually granted by our managing agents in care homes) Equitable Tenancy (Assured Shorthold Tenancy Agreement [Trust for Minor]) Assured Shorthold Tenancy for a fixed term Lease We will use these tenancies in the following circumstances. All existing or new tenants going into social rent homes All existing or new affordable rent homes For shared housing For intermediate rent For rent to homebuy homes For market rent homes For shared ownership schemes For supported housing: licence or assured shorthold tenancy with extra rights For all the above, 16/17 year olds will be granted equitable tenancies (Assured Shorthold Tenancy Agreement [Trust for Minor]) i.e. with or without a guarantor We will grant tenants rights that are appropriate to the form and length of tenure. In particular, we will give tenants rights of: Exchange (other than Starter Tenancies, Licences, Equitable Tenancies (Assured Shorthold Tenancy Agreement [Trust for Minor]), Assured Shorthold Tenancies, and tenancies in supported housing) 4

Improvement (restrictions are placed on Assured Shorthold Tenancies or Supported Housing Tenancies ) Succession: to spouses and partners for all tenures and to other family members where a contractual right is specified in the tenancy agreement. Customers who transfer to another property will be issued with the type of tenancy agreement as shown in appendix 2. However, where the customer has no choice but to move to another property, they will be issued with the same type of tenancy agreement as that which they currently hold. The circumstances in which we will grant a tenancy of less than lifetime tenancies (currently until one party brings the tenancy to an end) are as follows. Rent to Home Buy (i.e. homes developed with the objective of sale on shared ownership leases) and market rent homes as set out above. Supported housing (except where the support is anticipated to be long term and excluding sheltered housing) We will use an Assured shorthold tenancy that affords security of tenure for new tenants for a minimum of 6 months if the property that they are being considered for has been identified as awaiting disposal, either through appraisal process or as a result of its development status, and we wish to rent the property prior to disposal We will use an Assured Shorthold Tenancy for shared housing where relevant Tenancy type The list of current tenure products are identified in Appendix 1. General Matters This policy will be reviewed in line with changes in legislation and the issue of Local Authority strategic tenancy policies. 5

We will use the following key performance indicators to review our performance yearly. Number of tenancies issued by type. Number of tenancies that require starter tenancy extensions and the number who fail to passport to a full assured tenancy. The numbers of evictions and reasons for action. The results of this will be fed back to our Board. SIGNPOST Localism Act 2011 Wiltshire Council Tenancy Strategy 2012-2016 Somerset County Wide Tenancy Strategy Policy Review Date 14 October 2018 6

Appendix 1 Tenancies and Tenure Products Starter Tenancies Starter Tenancy (then Assured Periodic Tenancy). These are issued to all new tenants who do not currently hold a tenancy with us. They are Assured Shorthold Tenancies which form a probationary 12 or 18 month period (if extended).unless action is taken to end them an Assured Periodic tenancy will be offered at the end of the term. Assured Periodic or Lifetime Tenancies These are used when there is a clear intention to create a home for life and are usually on social rents. Affordable Rent Starter Tenancy (then Assured Tenancy) 80% gross market rent (including service charges). Similar to social rent but the rent calculation formula is 80% of market rents including service charges. This is the affordable housing product for new homes built by the government to replace social rent. The extra rent has allowed the government to reduce the level of capital funding. Transfers will have different tenancy agreements for Affordable Tenancies. Intermediate Rent Assured Shorthold Tenancy. One month s deposit required. 80% market rent. 7

Homes let at a rent below market rent and targeted at people in employment seeking to save to buy a home. To be let through the Local Homebuy Agent. Rent to Homebuy Assured Shorthold Tenancy. One month s deposit required. 80% market rent. Government scheme that allowed people who met certain criteria to rent a home at a below market rent with the right to purchase a share of the home within the first 5 years. This scheme has been closed so there are no new government funded RTHB schemes. But it still operates for anyone in one now. RTHB was a response to the property market crash / increase in deposits required to get a mortgage / rationing of mortgages in the UK. To be let through the Local Homebuy Agent. Mortgage Rescue Assured Shorthold Tenancy at 80% market rent. A government scheme funded by the HCA to help people who can no longer pay their mortgage to stay in their home and reduce the impact of homelessness in terms of the personal impact and cost. Where the household meets HCA criteria the HCA will part fund the purchase of the home by a housing association. The home is then let to the household at 80% of market rent. Referral from the Local Homebuy Agent. Equitable Tenancies (Assured Shorthold Tenancy Agreement [Trust for Minor] Used for housing 16/17 year olds. Licence Agreements Used for our supported housing schemes. 8

Shared Ownership Lease This where a percentage of the home is sold (usually between 25 and 75%) to help people get on to the housing market ladder. Selwood Housing retains the unsold part of the house and charge a rent on this, usually between 2.5% and 3% of the unsold value. Shared ownership is known under different names; for example newbuy and first buy. 9

Appendix 2 Tenancy Types and Transfers Current Tenancy Tenancy Tenancy Type Code Tenancy Code After Transfer Tenancy Type 1996 1996 Transfer 1996 1996 Transfer or 1996 Affordable 2001 2001 Transfer 2001 2001 Transfer or 2001 Affordable AFFCNV Converted Affordable Starter AFFCNV Converted Affordable Starter AFFORD Affordable Assured AFFORD Affordable Assured AFFSTA Affordable Starter AFFSTA Affordable Starter ASSUR Assured ASSURE Assured (New) AST Assured Shorthold AST Assured Shorthold AST (Rowan House) Assured Shorthold (Rowan House) AST (Rowan House) Assured Shorthold (Rowan House) EXSTRT Extended Starter Tenancy EXSTRT Extended Starter Tenancy HOMEBU Homebuy HOMEBU Homebuy INTER Intermediate Rent INTER Intermediate Rent SASSUR Converted Starter ASSURE Assured (New) SASSUR Converted Starter ASSURE Assured (New) pre 7/11/11 START Starter START Starter (New) 10

Decision-making Record Date Meeting / Minute Reference 2 July 2014 Board Meeting 1 15 October 2015 Verena Buchanan 2 13 February 2017 Verena Buchanan 3 28 June 2017 Verena Buchanan 4 8 August 2017 Verena Buchanan 5 Version / Amendment 11