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 Date for review: January 2017 1
Contents Introduction Aims Scope Definitions New tenants Moving from a starter to assured tenancy Vulnerable customers Unauthorised occupancy Succession Assignment Mutual exchanges Sole to joint tenancy discretionary tenancy Joint to sole tenancy discretionary tenancy Abandoned properties Sub-letting Lodgers Overcrowding Under-occupation Death of a tenant Customer care visits Condition of properties Ending a tenancy Other documents to be read in conjunction Appendix 1 mutual exchange table Page 2
1. Introduction This policy is the first Tenancy Management Policy for the County Durham Housing Group (CDHG), which includes County Durham Housing Group Limited, Dale and Valley Homes, Durham City Homes and East Durham Homes. The purpose of this policy is to outline the approach of the landlords within the group to tenancy management, ensuring that clear guidelines are in place to assist officers. 2. Aims The policy will ensure: The landlords meet their statutory responsibilities Decisions made are consistent, clear and fair Applications are dealt with sensitively and effectively at times of personal grief and difficult circumstances Managers take a consistent approach in relation to individuals who have no statutory right to succession or assignment and to applications from a sole tenant for a joint tenancy and joint tenants to a sole tenancy. This approach will take into account the Durham Key Options Lettings Policy, unless exceptional circumstances apply The group makes best use of its stock Processes are inclusive 3. Scope This policy will apply to all properties managed by CDHG. This policy covers the following areas: managing and maintaining tenancies mutual exchanges succession and assignment The policy should be read in conjunction with CDHG s Tenancy Policy. The policy makes reference to other documents which are linked to tenancy management but are not covered by the scope of the policy. These are listed at the end of this policy. 4. Definitions Succession for the purposes of this policy is defined as where the tenant has died and there are other members of the household who have a legal right to have the tenancy transferred to them. This does not create a new tenancy. 3
Assignment is where a tenancy is passed on to another person; however, there are statutory restrictions on when an assignment can take place. This does not create a new tenancy. Family members (from the tenancy agreement): means a tenant s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. Unauthorised occupancy is defined as where the property is being occupied by someone other than the tenant, and the tenant is no longer at the property. Overcrowding is where accommodation is much too small for the household. A home may be overcrowded under the law if there are not enough rooms or space for the number of people who live there. Under-occupation is where a resident is living in a property which is too large for their housing needs. Security of tenure is the level of protection which a tenant enjoys in relation to the occupation of their home. Details of the tenancy types that we offer and the rights associated with these are detailed within CDHG s Tenancy Policy. Joint and Sole Tenancies may apply to all tenancy types. A joint tenancy may be held by two or more people (up to a maximum of 4), for example husband and wife, civil partners and same sex partners, or brothers and sisters. A sole tenancy is held by one person only. However, we may agree to creating a new tenancy to allow another person to be included on a tenancy subject to the criteria being met (please see section 12 for more details). 5. New tenants Further details on the allocations process are included within the DKO lettings policy and individual landlord procedures. Sign Up Process When the prospective tenant(s) have agreed to accept the property a convenient appointment will be made for the tenant to sign their tenancy agreement. If the tenant requires a home visit for the sign-up this can be arranged. Same gender interviews and chaperoned visits are also available. A third person is also allowed to be present to provide support to the prospective tenant. We will also arrange for an interpreter to be present, where necessary. The tenancy agreement can also be provided in different languages if required (although it will clearly state that the English version will prevail in the event of any disagreement over the interpretation). It will be stressed to the applicant that they must provide proof of identity and proof of all income (if they intend to claim rent allowance) before keys will be handed over. At the sign up an officer will go through the contents of the sign-up pack. 4
We will also explain any other responsibilities the tenant has when they sign the tenancy agreement. All customers will be requested to make a payment for their first week s rent (including other charges that relate to the tenancy) at the time of signing up for their tenancy, unless they are receiving full rent allowance and have opted for this to be paid direct to the landlord. Customer profile data will also be collected at sign-up. Follow-up We will visit new tenants within a maximum of six weeks of the tenancy start date. The purpose of this visit is to find out how the tenant(s) are settling into their new home and identify any need for support/assistance that has not previously been identified. We will discuss any rent/benefit problems and report any repairs which have come to light. 6. Moving from a Starter Tenancy (Assured-Shorthold Tenancy) to an Assured (non-shorthold) tenancy 1 When a Starter Tenancy is due to change to an Assured Tenancy we will carry out checks to ensure the tenancy is being maintained satisfactorily. The check will seek to confirm, for example: that the tenant has a clear rent account that no unauthorised improvements have been made that the property and garden is being maintained and in a good condition there are no rechargeable repairs (i.e. damage to the property) there is no anti-social behaviour ongoing that there is no other breach of tenancy We will contact the tenant, using their preferred format, with an appointment for an officer to visit them at home to carry out these checks. Where the check/visit reveals no problems, and we have agreed with the tenant that the tenancy conditions have been met, the starter tenancy will automatically become an assured tenancy once the 12 month period has passed. If the home visit highlights any issues, we will work with the tenant to rectify them before the tenancy converts, or, if necessary consider whether enforcement action may be needed. The team(s) will monitor rectification of any problems, and consider whether legal action is to be taken to end the tenancy or a notice to be served to extend the starter 1 Hereafter, these will be referred to as Starter Tenancies and Assured Tenancies 5
tenancy by 6 months. If it is decided to end a Starter Tenancy using a mandatory ground of possession (either a section 21 notice or a section 8 notice using ground 8 notice for 8 weeks rent arrears 2 ) we will offer tenants the right to request a review of the decision. Where a notice is issued to the tenant informing them of the intent to extend the starter tenancy for a period of 6 months, this will be done no later than 8 weeks before the tenancy would become an assured tenancy. In cases, where a tenancy is not allowed to automatically become an Assured Tenancy, they will be advised of: the reasons this cannot take place the period their Starter Tenancy will be extended by (6 months). The tenant will be informed that they are given the opportunity to request a review of the decision. a date when their tenancy will be reviewed again If there is no improvement within the extended period, an appropriate notice will be issued to the tenant to terminate the tenancy. 7. Vulnerable customers We may identify vulnerable people through Durham Key Options, at sign up and also at the new tenant visits. We also recognise that tenants may disclose issues later in their tenancy, or may become vulnerable during their tenancy. By referring these tenants to relevant support, either in-house or to an external agency, we will be assisting them to sustain their tenancies. Further information of support available will be included within individual landlord procedures. 8. Changes in occupancy and social housing fraud Unauthorised occupancy or non-occupancy may come to light during the course of other functions e.g. a customer care visit or rent arrears investigations. We will encourage our staff to report any concerns that they have. We will also encourage our tenants to report suspected cases of unauthorised occupancy or non-occupation on their estate, and will investigate fully any reports that we receive. These include: unauthorised sub-letting; where the tenant claims to live at the property but instead lets someone move in without a formal letting. This does not include 2 This ground will only be available for new starter tenants from the date of transfer 6
cases where tenants have taken in a lodger or sub-let part of their home with our consent non-occupation by the tenant as their principal home: where the tenant claims that the property is their main home but instead uses it as a second property or holiday home or not at all. The tenant is required to inform us if they are going to be away from their home for more than a month, and provide a contact number and an address at which they can be contacted. If possible, the details of a local person who can be contacted in the event of an emergency would be beneficial. fraudulently obtaining a social housing tenancy: where the tenant gives a false identity or lies about their circumstances or omits information from their housing application in order to get a tenancy wrongly claimed succession - retention of a tenancy following the death or vacation of the tenant following a previous succession, or of a non-qualifying person unauthorised assignment, including an unauthorised mutual exchange key selling - where the tenant leaves the property and passes on the keys in return for a one off lump sum payment or favour We will, in the first instance, ascertain the position regarding the tenancy and if the occupant has any right to the tenancy i.e. succession or assignment. If there is no automatic right for the occupant to be awarded the tenancy we may consider a Direct Let (for example, we may decide to grant a new tenancy to the person left in occupation), in accordance with the Durham Key Options (DKO) lettings policy. Each case will be considered on its merits. Where neither of the above applies, we will serve the tenant with an appropriate notice for the landlord to seek possession through the courts. We will also consider whether the tenant s behaviour would constitute an offence under the Prevention of Social Housing Fraud Act 2013. If this is found to be the case, we will take enforcement action against the tenant. We will also refer to the council s fraud team if there is potential benefit fraud. 9. Succession Succession allows the tenancy to be passed on to certain qualifying people when the tenant dies. The tenancy agreement will set out the rights of succession. The law allows only one succession to each tenancy. Consequently, on the death of the tenant there can be no further right of succession where the deceased tenant is classed as a successor. Protected tenants (people who were already tenants at the point of transfer) will have a right of succession restored if there has already been one succession to the tenancy. The deceased tenant is classed as a successor where: 7
he/she became the tenant by succession; the tenancy was assigned to him/her as a potential successor; he/she previously exchanged from another property and had been a successor there; or he/she became the tenant under a court order and the previous tenant was a successor Where a joint tenant dies, the tenancy passes to the surviving joint tenant/s automatically, regardless of the relationship between the joint tenants. This is called survivorship. Where the death of a joint tenant leaves one surviving joint tenant then this will count as one succession. This means that if the former joint tenant, now a sole tenant, dies leaving someone who would normally qualify to succeed, they cannot statutorily succeed. However, as detailed below we may use our discretion to consider granting a new tenancy. If the deceased tenant is not classed as a successor, an applicant will qualify to succeed to the tenancy if he/she was occupying the property as his or her main home at the date of death and either: He/she is the tenant s wife, husband, civil partner, or partner (this includes same sex couples) provided he or she lived with the tenant in the home as their principal or only home immediately prior to the death of the tenant; OR He/she is another member of the tenant s family AND had lived with the tenant for the preceding 12 months. Member of the family means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece. We will require acceptable proof of identity, occupation at the address and occupation with the tenant to be provided. For example, a birth certificate, passport or photocard driving licence and Council Tax bill/ DWP letter or Utilities Bill; (acceptable proofs are the same as those accepted when placing an application for housing with DKO). Statutory succession overrides any other claims to the tenancy (for example, under the deceased tenant s will). Where there is more than one person qualified to succeed, the tenant s spouse or civil partner is to have priority. If there are two, or more, family members entitled to succeed then they must agree between them which one is to be the successor because only one person can succeed. If no agreement can be reached then we will select which one will succeed. We will carry out all relevant investigations into the claims before determining who succeeds. In both circumstances, above, we will confirm that they have the right to succeed and arrange for the potential successor to be given a copy of the original tenancy agreement so that they are aware of their obligations. There are some circumstances where a property would be much more suitable for other individuals than for the successor, for example: 8
Where the successor (other than the spouse or civil partner) would be underoccupying, unless exceptional circumstances apply we may seek possession of the property under Schedule 2, Part II, Ground 9 of the Housing Act 1988 (to be read in conjunction with section 6 of the tenancy agreement). If the property had been specially built or significantly adapted for a disabled person and no person remaining in the home requires these adaptations we may also consider possession under Schedule 2, Part II, Ground 9 of the Housing Act 1988 (to be read in conjunction with section 6 of the tenancy agreement); or If the property is one of a group normally let for occupation by a person with special needs and a social service or special facility is provided near to the group of homes in order to help people with those special needs, and no other person remaining in the home requires these services. Where this occurs we may re-house the successor in a smaller property, or one without adaptations and services. The successor will be considered for a direct let under the DKO lettings policy. We may serve notice on the successor between 6 and 12 months after the previous tenant s death, if one of the categories above applies and they do not move voluntarily. Court proceedings for possession will not be started unless the successor has refused a reasonable offer of alternative accommodation. A person who succeeds to a tenancy is granted a continuation of the existing tenancy, not a new one so when a succession occurs: Any existing rent arrears become the successor s responsibility Any legal notices applying to the tenancy still take effect All the rights related to the tenancy apply to the successor The successor inherits any rights to compensation for the previous tenant s improvements. Where there is no right to succession and discretion is not used to grant a new tenancy, the occupier may be allowed to remain in the property while arrangements are made for the occupier to find alternative accommodation. In these circumstances, the occupier will be advised that payments (the equivalent for the amount of rent) must continue to be paid on behalf of the deceased s estate. A Notice to Quit will be served on the appropriate person and possession proceedings may be started. There may be a management decision to grant a discretionary tenancy of the current property where no succession right exists. The discretionary tenancy will be a starter tenancy and will be let in accordance with the DKO lettings policy. Each case will be considered on its merits following receipt of a written request to remain in the property, which must be received no later than three months after the tenant s death. 9
The applicant must have been living at the property as his or her main home at the date of death of the deceased tenant and must either have been: The deceased tenant s spouse or civil partner; or Another member of the deceased tenant s family and have lived with the deceased tenant for 12 months. Member of the family means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or a person who has been living with the tenant together as if they were husband and wife or as if they were civil partners. There will be a management decision whether to grant a new tenancy. Each case will be considered on its own merits and will consider the following: The relationship between the applicant and the deceased tenant The length of time the applicant has been resident The age of the applicant The health of the applicant Eligibility to join the housing register The housing need of the applicant Housing need within the local area The size of the property and whether it would be under or over occupied Whether the property has any adaptations or services and whether the applicant requires them Where a discretionary tenancy is not granted, the applicant s entitlement to accommodation will be in accordance with the DKO Lettings Policy and the occupant(s) will be required to vacate the property. A referral will also be made to the council s housing solutions team. 10. Assignment Assignment (passing on a tenancy) is only possible for assured tenancies in the following circumstances (as set out in the tenancy agreement): as a mutual exchange where a court orders it as part of divorce or judicial separation proceedings or on termination of a civil partnership where a court orders it under the Children Act to a potential successor, for example, someone who would have had the right to succeed to the tenancy on the death of the tenant, this is only possible if there has been no previous assignment or succession on the tenancy. Assignment of an assured tenancy is not possible in any other circumstances. Joint tenants can not assign their interest to the sole name of one of them and sole tenants can not assign their tenancy to themselves and another. Starter tenancies may only be assigned in very limited situations, for example: 10
in pursuance of a court order the assignment is to a potential successor to the tenancy We will advise our tenants that a starter tenancy is not capable of assignment for mutual exchanges, as there is no right to exchange on a starter tenancy. Demoted tenancies may only be assigned in pursuance of a court order. Court ordered assignment In certain circumstances, such as marriage breakdown, an applicant can apply to court to have the tenancy put in their name. Once their court order is received, the manager will provide the tenant with a form of assignment to be completed by both parties named in the court order. Assignment to a person qualified to succeed A person may be eligible for assignment if he/she would be entitled to succeed the tenant if the tenant died and the landlord gives its written consent to the assignment. The landlord is under no obligation to consent to such assignments, but permission will not be unreasonably withheld. The tenant and any potential assignee must be living at the tenant s address as their main home at the date of the assignment (proof of this will be required). Eligible people include: The tenant s wife, husband, civil partner or partner (this includes same sex couples) and they are living in the property as their principal or only home; or Another member of the tenant s family who has lived with the tenant for 12 months. Members of the family means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. There will be a management decision whether to allow the tenancy to be assigned to a potential successor. Each case will be considered on its own merits and will consider the following: The relationship between the applicant and the tenant The length of time the applicant has been resident The age of the resident The health of the resident Eligibility to join the housing register The housing need of the applicant Housing need within the local area The size of the property and whether it would be under or over occupied Whether the property has any adaptations or services and whether the applicant requires them 11
Applications for assignment to a potential successor should be made by the existing and proposed tenant. We will require acceptable proof of identity, occupation of the address and occupation with the tenant to be provided, which may include, a birth certificate, passport or photocard driving licence and Council Tax bill/ DWP letter or Utilities Bill; (acceptable proofs are the same as those accepted when placing an application for housing with DKO). On assignment, both tenants will be informed in writing (or their preferred contact method) within 28 days. We will amend the housing management system to reflect the change in tenant. Both tenants will be required to sign a deed of assignment transferring the original tenancy. Please refer to the section above on Succession which details the implications that arise when the tenancy is passed. Where we refuse consent to assign, the applicant will be informed in writing (or their preferred contact method) within 28 days, of the reason(s) for refusal. If the tenant has moved out of the property and has failed to terminate their tenancy then the tenancy may be terminated by serving Notice to quit on the property. Once the tenancy has been brought to an end possession proceedings can be taken against the tenant, or alternatively, against the unauthorised occupier who will be given notice that they have no rights of occupation and are illegally occupying. We will ensure that customers and staff are aware that succession and assignment can only take place once (unless they are a transferring tenant with a protected rights tenancy, whose tenancy is reset following the issue of a new assured tenancy agreement and have a further right of succession). Any further requests to take over a tenancy, following a previous succession or assignment, will be considered as a request for a new tenancy and referred for a management decision. However, an assignment under the Matrimonial Causes Act 1973, Matrimonial and Family Proceedings Act 1984, Civil Partnership Act 2004 or by way of a mutual exchange does not prevent a further succession or assignment (unless there had already been an assignment or succession of the tenancy). The rules on when a mutual exchange, by way of assignment can take place, are detailed in the section on Mutual Exchange. 11. Mutual Exchanges We will consider applications for the mutual exchange of properties. These can be accepted from any public sector tenant who has either a secure tenancy or an assured (non-shorthold tenancy) (note: we will not permit exchanges with tenants of private landlords). While such exchanges are normally a straightforward request to swap homes, occasionally a request for a three-way exchange may be received. Mutual exchanges must not take place without prior, written, approval being given. We will advise our tenants that they may find another social housing tenant to exchange properties with. This can either be through awareness of the other party seeking an exchange, or through the landlord s mutual exchange service. 12
In cases where a tenant has submitted an application or letter requesting a mutual exchange, this will be acknowledged by an officer in writing (or preferred method of contact) We will make arrangements with the applicant(s) to carry out an inspection of the properties. If any rechargeable repairs are identified at the inspection visit, these will be dealt with in accordance with the individual landlords policies and procedures. We will not be responsible for reinstating any rechargeable items for example damaged doors etc.; the tenant(s) must either rectify these before permission is given to move or the ingoing tenant must accept responsibility. We will also advise tenants that they must satisfy themselves about the standard of cleanliness and decoration of their prospective new home. Further details on rechargeable repairs are included in the individual landlord s Recharge Policies. We will only refuse consent on the same grounds as are available for secure tenants, which include: Where a court order for possession exists; Where possession proceedings have begun or where a notice of intention to seek possession has been served on grounds which do not require alternative accommodation to be provided is obtained; Where an application has been made for a demoted tenancy order or for an injunction or an anti-social behaviour order (or relevant order under ASB, Crime & Policing Act 2014) because of anti-social behaviour on the part of the tenant or someone living with him; Where the property would become substantially under occupied; Where the extent of the accommodation would be unsuitable to the needs of the person who would be occupying it, e.g. too small for them; Reasons connected with the employment by the landlord of the current tenant or predecessor; Where the intended occupier of an adapted property would not need the adaptations; Where the property consists of special needs accommodation (definition included in grounds 8 and 9 of schedule 3 to the Housing Act 1985). Where the tenant is in breach of their tenancy (including being in rent arrears) we can impose a condition requiring the breach to be put right. If a condition is imposed the exchange cannot take place until the breach has been remedied. We will give or refuse consent within 42 days of the application to exchange being received. When we are satisfied that the exchange can be authorised, we will contact both/all parties by telephone, and in writing (or their preferred method of contact). This will be followed up in writing (or their preferred method of contact) to arrange a convenient date for them to complete the necessary documentation. A home visit 13
will be offered where the person is unable to attend one of our offices (provided that the incoming tenant currently resides within the area). At this time, we will agree with both/all parties the date on which the new tenancy will start (note: mutual exchanges are done by way of an assignment, so both parties will need to be present to sign the deed of assignment). Immediately on exchange we will arrange for an appointment to carry out a full gas, or solid fuel, safety check. We will provide both/all parties with a copy of the current gas, or solid fuel, safety certificate for the relevant property. We will arrange for an Energy Performance Certificate (EPC) to be provided for the incoming tenant. The certificate records how energy efficient a property is as a building and provides A-G ratings ( A being the best). We will carry out a further visit to confirm that the exchange has taken place. We will take action against the tenants involved after the exchange has gone ahead if we discover that: an exchange of convenience has taken place (i.e. where one party fails to take up occupation) financial or other incentives have been used to encourage the exchange (in this instance we may seek a possession order from the County Court against the tenants involved) Where another landlord is involved, we will ensure that they are fully involved during the process and that all the above actions are taken in conjunction with their mutual exchange policy. Details of the tenancy type that will be give is included as an appendix to the policy. If we discover that an exchange has gone ahead without permission being obtained, we may choose to take the following action: allow the exchange and regulate the position by giving permission and completing procedures retrospectively, unless the assignment causes problems with over-crowding, significant under-occupation or other major tenancy problems insist that the tenants return to their original homes terminate the tenancies by serving a Notice to Quit on both the original tenancies and at the new properties and seeking repossession. 12. Sole to joint tenancy discretionary tenancy A sole tenant can apply for a joint tenancy. The application will be considered in accordance with the following criteria: 14
Rent account and other breaches of the tenancy. Where there are issues with the tenancy there will be a management decision to decide whether the breaches of tenancy are sufficiently serious that they would prevent a new tenancy being awarded. The proposed joint tenant must be living at the property as his or her main home at the date of the proposed joint tenancy and must either: o Be the tenant s spouse or civil partner; or o Be another member of the tenant s family or a person who has been living with the tenant together as if they were married or within a civil partnership and have lived with the tenant for the whole of the previous 12 months. Even if all of the above criteria are satisfied joint tenancies will only be granted at the discretion of the management. Applications for joint tenancies, which include more than one additional tenant, will not normally be approved. In considering the application each case will be considered on its merits, including the following: Relationship between the proposed joint tenants The length of time the proposed joint tenant has been resident The age of the proposed joint tenant The health of the proposed joint tenant Eligibility to join the housing register The housing need of the proposed joint tenant Housing need within the local area The size of the property and whether it would be under or over occupied Whether the property has any adaptations or services, which are required for use by the proposed joint tenant Whether the sole tenant has already succeeded to the property If a joint tenancy is approved the tenancy will be a new tenancy of the same type as the previous tenancy (unless there is a break between the two tenancies, in which case there will be a management decision on the type of tenancy to be awarded) and will only be granted if it accords with the Durham Key Options Lettings policy. 13. Joint to sole tenancy discretionary tenancy If a joint tenant no longer wishes to remain the tenant they can terminate the tenancy and the remaining tenant can be considered for a new sole tenancy. The application will be considered in accordance with the following criteria: 15
Rent account and other breaches of the tenancy. Where there are issues with the tenancy there will be a management decision to decide whether the breaches of tenancy are sufficiently serious that they would prevent a new tenancy being awarded. The proposed sole tenant must be living at the property as his or her main home at the date of the proposed sole tenancy Even if all the above criteria are satisfied a sole tenancy will only be granted at the discretion of the management. In considering the application each case will be considered on its merits, including the following: The relationship or breakdown of the relationship between the joint tenants The length of time the proposed sole tenant has been in occupation and/or the length of time that the other joint tenant has not been in occupation The age of the proposed sole tenant The health of the proposed sole tenant The housing need of the proposed sole tenant Housing need within the local area The size of the property and whether it would be under or over occupied Whether the property has any adaptations or services, which are required for use by the proposed sole tenant If a sole tenancy is approved the tenancy will be a new tenancy of the same type as the previous tenancy (unless there is a break between the two tenancies, in which case there will be a management decision on the type of tenancy to be awarded) and will only be granted if it accords with the Durham Key Options Lettings policy. 14. Abandoned properties We recognise that tenants may be away from their homes for an extended period of time for a number of reasons. When this is going to exceed four weeks they are required to inform us in writing including contact details. Where we believe that the tenant may have abandoned the property (including anonymous notification), we will respond to such reports promptly. We will take appropriate action, in accordance with legislative requirements and our specific abandonment procedure. 15. Sub-letting Under the terms of the tenancy agreements, the tenant may not sub-let their property and must use it as their principal home. 16
However, we may allow an assured tenant to sub-let part of their home with our written agreement. All requests by an assured tenant to sub-let must be made in writing and approved by an appropriate manager. All requests will be considered and we will not unreasonably refuse permission. If we agree to a tenant sub-letting part of their home, we will provide this in writing. The legal relationship between the tenant and the landlord remains the same. The tenant s responsibility for payment of rent and charges, and adherence to the tenancy terms remain unaffected. 16. Lodgers We recognise that there will be situations where a tenant may wish to rent out a room, or rooms, in their home, in which case the new occupier will be referred to as lodger (or sub-tenant). In some circumstances, taking in a lodger, or sub-letting, offers the most appropriate solution to a problem. It can also help to meet local housing need and make better use of existing stock through reducing underoccupation. The legal relationship between the tenant and the landlord remains the same. The tenant s responsibility for payment of rent and charges, and adherence to the tenancy terms remain unaffected. A lodger is someone who: does not have exclusive possession of any part of the property, for example, the tenant has access to the lodger s room to clean or for other reasons lives there by consent of the tenant has no room key is usually a licensee in law We will advise customers that if they consider taking in lodgers, this may have an effect on entitlement to rent allowance and possibly their council tax position. 17. Overcrowding We do recognise that in some instances accommodation may, due to family circumstances, become too small for the household to live in. Therefore, the tenant, and their family, may be considered to be living in overcrowded conditions. Where such issues arise we will work with the tenant, if they wish to be rehoused, to find the most suitable housing option available to them through the DKO lettings policy. 18. Under-occupation 17
We also recognise that in some instances accommodation may, due to family circumstances, become too large for the household needs. Therefore, the tenant, and their family, may be considered to be living in a property which is underoccupied. For example, this may be where a tenant has two or more unoccupied bedrooms. Where such issues arise we will work with the tenant, if they wish to be rehoused, to find the most suitable housing option available to them through the DKO lettings policy. There is provision within the DKO lettings policy for under-occupied tenants to be awarded priority to assist them to move more quickly. This is subject to availability of a suitable alternative property. We also inform prospective tenants of the potential impact on their benefits if they under-occupy according to the government s definition of this. 19. Death of a tenant The executor or administrator of the deceased tenant can end the tenancy by surrender or by giving notice to quit. We recognise that legally, the next of kin cannot end the tenancy unless they are executors or administrators because they have no legal power to do so. In practice, provided we are sure there are no other relatives who might contest the tenancy is still continuing, we may decide that accepting surrender informally is acceptable. If a termination notice is not received, we will serve a Notice to Quit on the Personal Representative(s) where a grant of representation (probate) has been filed. Where a grant of representation has not been filed then we will serve a Notice to Quit to the Personal Representative of (name of deceased tenant) and will leave it at or send it to the deceased s last known place of residence with a copy served on the Public Trustee. However, following receipt of notification of the death of a tenant we will check that the tenant was the only occupant of the property. We will provisionally put in a two week notice period on the property and cancel the rent charges for two weeks (this will start on the Monday following the tenant s death). If there are other persons left in the property this will be dealt with in accordance with section 9 on Succession. We will send a confirmation letter to the next of kin advising of the rent free period, when we will expect the keys to be submitted and advice regarding the clearance of the property. The next of kin will also be requested to provide the death certificate in order that we may take a copy. Where a customer requests a longer period to finalise their relative s (the former tenant s) affairs, we will be sympathetic and sensitive to their needs and consider each request on a case-by-case basis. 18
We will ensure that all relevant departments within the organisation are informed. This will prevent further correspondence being sent to the deceased tenant and causing any undue concerns for the family. In instances where we suspect that a tenant may have died, but have not been informed we will carry out investigations with partner agencies, for example, Durham County Council, hospitals, GPs, Social Services and/or neighbours to establish the facts. In the event that there is no next of kin, the matter will be passed over to Durham County Council (Bereavement Office). Any outstanding debt may be claimed through the estate. 20. Customer care visits We will use the customer care visit as a means of ensuring that we deliver an effective, efficient and high quality management service through the enforcement of tenancy conditions. We will also use the visit checks to identify customers in need of advice, support or assistance. We will also update the customer profile form to ensure that the details we have remain up-to-date. If the tenant(s) has not previously completed a profile form we will encourage them to do so. We will carry out a tenancy check, through visits to tenants, over the course of 3 years to confirm that each of the properties we manage is occupied by the tenant; has not been sub-let to an unauthorised occupant; the property is not being damaged, neglected or otherwise used unlawfully or inappropriately. The external condition will also be checked. This visit will also enable us to ascertain if the tenant has problems with any aspect of their tenancy that we can help with i.e. rent arrears and benefit advice, aids and adaptations, support services etc. If issues are identified, periodic visits will take place to offer support and ensure required improvements are made. 21. Condition of properties We expect that tenants will maintain their properties in a reasonable condition at all times in accordance with their tenancy agreement. However, where cases are highlighted through a customer care visit, or referral from partner/external agencies, we will investigate to establish possible support needs. If no support needs are identified, the tenant will be advised what action may result if requests to tidy up the property are not followed. Ultimately, we may consider taking enforcement action if the tenant continues to allow the property to deteriorate. 19
For details of the approach that will be taken to hoarding, please refer to the individual landlord s procedures. 22. Ending a tenancy When a customer wants to end their tenancy they must give 4 weeks notice in writing. The tenancy should end at noon on a Monday and the customer must return the keys by this time. If a customer hands in the keys to the property after this time we will charge them a further week s rent. Where the customer leaves the property before the end of the four-week period they will still be responsible for paying rent until the end of the period, unless they are moving through DKO in which case a 2 week notice period would be accepted. Where keys are not submitted on the date given (for example, mid-day on a Monday (excluding public holidays)), we will investigate why there has been a delay. If this is because the tenant wishes to cancel or extend we will continue to charge rent or, if the tenant had left without submitting the keys we will continue to charge rent until the keys are returned In circumstances where the tenant is deceased, refer to the section on Death of a Tenant. Withdrawal of notice by a tenant A termination of tenancy is a legal binding document and the decision to accept a written withdrawal of the notice to terminate is discretionary. If a tenant wishes to withdraw a termination, information will be requested from other teams and a decision to accept withdrawal will be made on the information provided (for example, we may decide not to use our discretion to accept the withdrawal where the tenant has breached the tenancy through anti-social behaviour or rent arrears). 23. Other documents to be read in conjunction Assured (shorthold) tenancy agreement (starter tenants) Assured (non-shorthold) tenancy agreement (transferring tenants) Assured (non-shorthold) tenancy agreement (new tenants) CDHG Tenancy Policy CDHG Anti-Social Behaviour Policy CDHG Complaints Policy CDHG Pets Policy Individual landlord procedures relating to tenancy management 20
Appendix 1 - Mutual exchanges between tenants Table (1): tenancy status Code: Yellow = transfer tenant (assured protected Blue = CDHG assured non-protected rights tenancy Green = secure tenant of a different local authority Purple = assured tenancy from another registered provider Exchange between: Will become: Tenant X Tenant Y Tenant X Tenant Y Transfer tenant (assured protected Transfer tenant from same landlord (assured protected Assured protected rights tenancy Assured protected rights tenancy Transfer tenant (assured protected Transfer tenant from different landlord within CDHG (assured protected Assured protected rights tenancy (see also table below for further details on PRTB) Assured protected rights tenancy (see also table below for further details on PRTB) Transfer tenant (Assured protected New CDHG tenant from same landlord (assured non-protected Assured non-protected rights tenancy (but see table below for further details on PRTB and contractual protected rights) Assured protected rights tenancy Transfer tenant (assured protected New CDHG tenant from different landlord (assured non-protected Assured non-protected rights tenancy (but see table below for further details on PRTB and contractual protected rights) Assured protected rights tenancy Transfer tenant (assured protected Any council secure tenant Council secure tenancy Assured protected rights tenancy Transfer tenant (assured protected Assured tenant from a landlord outside of CDHG (e.g. livin or Assured non-protected rights tenancy from other landlord (e.g. Assured protected rights tenancy 21
Derwentside) livin or Derwentside) New CDHG (assured non-protected New CDHG tenant from same landlord (assured non-protected Assured non-protected rights tenancy Assured non-protected rights tenancy New CDHG tenant (assured nonprotected New CDHG tenant from different CDHG landlord (assured nonprotected Assured non-protected rights tenancy Assured non-protected rights tenancy New CDHG tenant (assured nonprotected Any council secure tenant Council secure tenancy Assured non-protected rights tenancy New CDHG tenant (assured nonprotected Assured tenant from a landlord outside of CDHG (e.g. livin or Derwentside) Assured non-protected rights tenancy from other landlord (e.g. livin or Derwentside) Assured non-protected rights tenancy 22
Table (2): protected rights Exchange between: Would the tenant have the statutory Preserved Right to Buy (PRTB)? Would the tenant have contractual enhanced rights (ie restricted grounds for possession, reset succession etc.)? Tenant X Tenant Y Tenant X Tenant Y Tenant X Tenant Y Transfer tenant Transfer tenant Transfer tenant Transfer tenant Transfer tenant from same CDHG landlord Transfer tenant from different CDHG landlord New CDHG tenant from same landlord New CDHG tenant from different landlord Yes Yes Yes Yes No* No* Yes Yes Yes* No No** Yes No* No No*** Yes Transfer tenant Any council secure tenant Yes (RTB) No No Yes Transfer tenant New CDHG tenant New CDHG tenant Assured tenant from a landlord outside of CDHG (e.g. livin or Derwentside) New CDHG tenant from same landlord New CDHG tenant from different landlord No No No Yes n/a n/a n/a n/a n/a n/a n/a n/a 23
New CDHG tenant Any council secure tenant n/a n/a (and lose RTB) n/a n/a New CDHG tenant Assured tenant from a landlord outside of CDHG (e.g. livin or Derwentside) n/a n/a n/a n/a * The statutory PRTB falls away where a tenant moves from one to another one of the Group subsidiaries. ** Tenants retain statutory PRTB but lose additional contractual rights due to the mechanism of assignment. Landlords in this situation will therefore agree (by letter) to restore the lost contractual rights. *** Tenants lose additional contractual rights, but we have agreed to extend the rights through intra-group moves, by the landlord agreeing by letter to restore them. 24