TENANCY CHANGES POLICY 1.0 Introduction and Aim 1.1 This policy is designed to provide a set of principles and a framework to manage requests received by Weaver Vale Housing Trust (the Trust) to allow or recognise changes to the name(s) in which existing tenancies are held. 1.2 The primary aims of this policy are to ensure that staff and customers can understand the circumstances in which the Trust will allow or recognise such requests, provide consistency and fairness in decision-making, and comply with relevant legislation and the Tenancy Standard of the Homes & Communities Agency (HCA) s Regulatory Framework for Social Housing in England. 2.0 Scope 2.1 Inclusions This policy covers requests relating to existing Assured and Starter Tenancies, for the following types of tenancy changes: Succession following death of tenant Changing a joint tenancy to a sole tenancy Changing a sole tenancy to a joint tenancy Assigning a tenancy to another person Change of name 2.2 Exclusions This policy does not cover requests for the following: Mutual exchange Transfer to another property New allocations to new tenants Changes to a tenancy, lease or licence relating to a garage, garage plot, shop premises, temporary accommodation, hostel or land. 3.0 Principles 3.1 Recognition of rights The Trust will allow and recognise any rights granted to tenants or other individuals by statute and/or by the terms of existing Tenancy Agreements. 3.2 Control of allocations The Trust will seek to use this policy as a means of exercising control over which individuals hold tenancies with the Trust. 1
3.3 Efficient use of stock The Trust will seek to use this policy as a means of reducing under-occupation and overcrowding in its homes, and of ensuring that properties which have been designed or adapted to meet the needs of a physically disabled person are occupied by such a person. 3.4 Customer focus The Trust will seek to inform applicants of the outcome of their requests promptly and explain the reasons for the decision. 3.5 Evidence Each customer who requests a tenancy change will be required to provide evidence that the requirements and criteria of this Policy have been met. 3.6 Fairness The Trust will apply a fair and consistent approach when considering requests for tenancy changes. The criteria for approval, and other practical matters, are laid out in the Appendices to this Policy. Customers whose requests have been refused may make use of the Trust s Customer Complaints Procedure. 3.7 Vulnerable household members The HCA s Tenancy Standard requires that the Trust s policy on discretionary succession rights takes account of the needs of vulnerable household members. The discretionary (contractual) succession rights which the Trust s tenancy agreements grant, as outlined in Appendix 1 of this Policy, are significantly more generous than the statutory requirements, in that they apply to a large group of Relatives regardless of their vulnerability. Therefore the Trust will not grant a succession in any circumstances other than those outlined in Appendix 1. However, where an individual who is left in occupation has no discretionary right to succeed to the tenancy, the Trust may consider granting a new tenancy (either at the same or a different address), should that person request it. 4.0 Responsibility 4.1 The Director of Housing is responsible to the Chief Executive and the Board for ensuring the effective implementation of this policy through the enterprise and leadership team managers. 5.0 Customer Profiles and Accessing Services data 5.1 Data from the following sources, regarding Customer profiling and the way in which they access the Trust s services, was utilised in implementation / review of this policy (as indicated by ) Star Survey PIE Group Customer Satisfaction Surveys Tenant Inspectors 2
Customer Involvement KPI s (service performance) Group Complaints Panel Other (specify) Community Groups Insert explanatory narrative (where appropriate) 6.0 Customer Influence (Consultation) 6.1 The Trust has been influenced by the following customer groups regarding the implementation / review of this policy (as indicated by ) TCC Resident Involvement Group (specify which) CIG Community Groups E Voice Other (specify which) Questionnaire Explanatory narrative: Discussed by Tenancy Management Customer Involvement Group 15/10/14, which approved an early draft on 19/11/14. Internal consultation of a wide range of teams and specialist staff, Nov-Dec 2014. Questionnaire consultation with TCC members, E- Voice and another interested customer, December 2014. Discussed at TCC 18/11/14, and approved by TCC 13/01/15. This policy will be implemented via the Housing Section procedures and guidance notes. The procedure and guidance notes should always be used in conjunction with the policy, to provide a consistent approach in the practical implementation of this area of operation. Appendices: 1. Succession following death of tenant (page 4) 2. Changing a joint tenancy to a sole tenancy (page 6) 3. Changing a sole tenancy to a joint tenancy (page 7) 4. Assigning a tenancy to another person (page 8) 5. Change of name (page 10) Author of Policy Date of Review Approved by (ie EMT/Board) Carolyn Lomas & February 2015 24 th February 2015, Matthew Cox w.e.f. 1 st April 2015 Review Date February 2018 Copyright, Weaver Vale Housing Trust, 2015 3
APPENDIX 1: Succession following death of tenant 1. Survivorship by a joint tenant Where a joint tenant passes away and is survived by another joint tenant, the Trust will recognise that the surviving joint tenant has succeeded to the tenancy, with automatic and immediate effect from the date of death. 2. Statutory succession by a spouse/partner Where a sole tenant passes away, and that tenant had not succeeded to the tenancy since 1 st July 2002, the Trust will recognise that the tenancy has vested with automatic and immediate effect (by virtue of Section 17, Housing Act 1988) in any spouse or civil partner of the tenant who was occupying the property as his or her only or principal home at the time of death. In this instance the tenancy will not devolve under the tenant s will or intestacy. The Trust will provide the new tenant with a copy of the existing tenancy agreement. Any rent arrears owed by the deceased tenant will not be payable by the new tenant. NB. Section 161(4)(1A) of the Localism Act 2011 enables additional persons to qualify for a statutory succession if (inter allia) provision is made for this within an express term of the tenancy. At the time of writing, the Trust does not consider that any such express terms exist within its tenancy agreements. 3. Contractual succession by a Relative Where a sole tenant passes away, and that tenant had not succeeded to the tenancy since 1 st July 2002, and there is no statutory succession by a spouse/partner, the Trust s tenancy agreements state that a Relative may succeed to the tenancy as long, as they were living in the property as their only or main home throughout the 12 months before the date of death. Under clause 3.7 of the AV and AW tenancy agreements, such a succession is subject to the Relative making a written request for succession within 3 months of the tenant s death (a longer period may be allowed at the Trust s discretion). The AV and AW tenancy agreements define Relative as follows: parents, children, grandparents, brothers, sisters, uncles, nephews, nieces, step-relatives and adopted children. The Trust will adopt this definition with regard to all types of tenancy agreements, and will also recognise aunties as Relatives. Only one person may succeed to the tenancy; if more than one Relative wishes to succeed, their requests will be handled in accordance with the terms of the deceased tenant s tenancy agreement (see for example clause 3.7 of the AV and AW tenancy agreements, clause 3.6 of the AT tenancy agreement, or clause 12.5.4 of the ST tenancy agreement). 4
The Trust will provide the new tenant with a copy of the existing tenancy agreement, and ask them to sign a document confirming that they have succeeded to the tenancy with effect from the Monday following the date of death. Any rent arrears owed by the deceased tenant will not be payable by the new tenant. 4. Devolvement to another person under the tenant s will or intestacy Where a sole tenant passes away, and their tenancy has devolved to another person under the tenant s will or intestacy, the Trust will recognise that the other person has succeeded to the tenancy. The Trust will provide the new tenant with a copy of the existing tenancy agreement, and ask them to sign a document confirming that they have succeeded to the tenancy with effect from the Monday following the date of death. Any rent arrears owed by the deceased tenant will not be payable by the new tenant. In these circumstances, if the new tenant did not have had a contractual right to succeed to the tenancy, the Trust will consider applying for possession of the property under Ground 7, Schedule 2, Housing Act 1988. 5
APPENDIX 2: Changing a joint tenancy to a sole tenancy The Trust will normally approve requests from joint tenants (whether Assured or Starter Tenants) for their tenancies to be changed to sole tenancies. However the Trust reserves its discretion to refuse such requests if any one or more of the following circumstances exists: the joint tenants owe the Trust rent arrears and/or other housing-related debt the joint tenants have breached any other tenancy conditions the Trust is investigating a potential tenancy breach, tenancy fraud or abandonment in relation to the current joint tenancy the Trust has commenced court proceedings against one of both of the joint tenants, or a member of their household the Trust has obtained a court order against one of both of the joint tenants, or a member of their household. Where a request has been approved, it will be enacted through a Deed of Assignment whereby the joint tenants will assign the tenancy to the sole remaining tenant with effect from the date of signing. The Trust will draft the Deed of Assignment and will not charge for this service. Any rent arrears or other housingrelated debt will be assigned with the tenancy to the remaining sole tenant within the terms of the Deed of Assignment. Where one joint tenant does not wish to change the tenancy, fails to sign the Deed of Assignment or cannot be located, the tenancy will remain unchanged. The Trust will not be required to seek to locate any joint tenant whose whereabouts are unknown. Where a joint tenancy is changed to a sole tenancy by order of the family court, the Trust will, upon receipt of the court order, recognise this change and update its records accordingly. 6
APPENDIX 3: Changing a sole tenancy to a joint tenancy The Trust may allow a sole tenancy to be surrendered and replaced by a new joint tenancy, if all of the following criteria are met. The current sole tenant must: be an Assured Tenant; the Trust will not allow a sole Starter Tenancy to be changed to a joint tenancy not have succeeded to the tenancy themselves be living at the property as their only or principal home; if this is not the case their tenancy is no longer Assured. The proposed incoming joint tenant must: be the sole tenant s spouse or civil partner, or cohabiting with the sole tenant as though they were their spouse or civil partner have lived at the property as their only or principal home throughout the last 12 months be 18 years old or over not hold a tenancy at another address or own residential property and meet any age or medical criteria which the Trust would apply to the property if it were being allocated under the Allocation Policy. Further the Trust reserves its discretion to refuse such requests where: the current sole tenant owes the Trust rent arrears and/or other housingrelated debt the current sole tenant has breached any other tenancy conditions the Trust is investigating a potential tenancy breach, tenancy fraud or abandonment in relation to the current sole tenancy the Trust has commenced court proceedings against the current sole tenant or a member of their household the Trust has obtained a court order against the current sole tenant, or a member of their household and/or the proposed incoming joint tenant has been responsible for crime or anti-social behaviour, unacceptable conduct in a tenancy, rent arrears or other housing-related debt, which, in the opinion of the Trust, makes them unsuitable to be a tenant. Where a request is approved, the Trust will inform the current sole tenant of the potential loss of rights and/or increase in rent charges should the tenancy change proceed. If they wish to proceed, the current sole tenant will be invited to surrender their tenancy, and a new Starter Tenancy agreement will be signed by both joint tenants. The Trust will not allow more than two persons to hold the tenancy jointly. The Trust will charge a reasonable administration fee for this service. 7
APPENDIX 4: Assigning a tenancy to another person 1. Court order The Trust s tenancy agreements allow a tenant to assign their tenancy to another person if a court orders them to do so (eg. in matrimonial proceedings); they do not need further permission from the Trust. Where this takes place the Trust will recognise the assignment and update its records accordingly. 2. Specific contractual right Some tenancy agreements grant the tenant a specific right to assign their tenancy to a person who could succeed to the tenancy if the current tenant were to die (eg. see clause 7.4 of the AV and AW tenancy agreements). See Appendix 1 for the relevant criteria. Again, the tenant does not need further permission from the Trust. Where this takes place the Trust will recognise the assignment and update its records accordingly. 3. Exceptional circumstances Other tenancy agreements allow the tenant to assign their tenancy to somebody else only if they have the Trust s written permission to do so (eg. see clause 7.4 of the AT tenancy agreement, and clause 7.1 of the ST tenancy agreement). In these instances the Trust will only grant permission in exceptional circumstances where, in the opinion of the Trust, the assignment would advance the Principles of this Policy. In these exceptional circumstances, the following criteria must still be met: The current tenant must: be living at the property as their only or principal home; if this is not the case their tenancy is no longer Assured. The proposed incoming assignee must: be a person who could succeed to the tenancy if the current tenant were to die; see Appendix 1 for the relevant criteria be 18 years old or over not hold a tenancy at another address or own residential property and meet any age or medical criteria which the Trust would apply to the property if it were being allocated under the Allocation Policy. Further, even when exceptional circumstances apply, the Trust may look unfavourably on the request where: the current tenant owes the Trust rent arrears and/or other housing-related debt the current tenant has breached any other tenancy conditions the Trust is investigating a potential tenancy breach, tenancy fraud or abandonment in relation to the current tenancy 8
the Trust has commenced court proceedings against the current tenant or a member of their household the Trust has obtained a court order against the current tenant, or a member of their household and/or the proposed incoming assignee has been responsible for crime or anti-social behaviour, unacceptable conduct in a tenancy, rent arrears or other housing-related debt, which, in the opinion of the Trust, makes them unsuitable to be a tenant. Where a request has been approved, the assignment will be enacted through a Deed of Assignment with effect from the date of signing. The Trust will draft the Deed of Assignment and will charge a reasonable fee for this service. The Trust will only permit one assignee to hold the tenancy and will not permit assignment to create a joint tenancy. Any rent arrears or other housing-related debt will be assigned with the tenancy to the assignee within the terms of the Deed of Assignment. 9
APPENDIX 5: Change of name Where a current tenant has changed their name, the Trust will recognise the change and update its records accordingly upon receipt of legally recognised documentation. 10
Race and Diversity Impact Assessment The term policy refers to any activity Weaver Vale does whether that is a policy or procedure we write or review, a service we provide, an OSDP project, or an initiative we run. Department: Housing Officer responsible for the assessment: Matthew Cox Name of Policy to be assessed: Tenancy Changes Policy Date of Assessment: 10/02/15 Is this a new or existing policy? New (revised) 1. Briefly describe the aims, objectives and purpose of the policy. 2. Who is intended to benefit from this policy, and in what way? To provide a set of principles and a framework to manage requests for changes to the name(s) in which existing tenancies are held. To ensure that staff and customers can understand the circumstances in which the Trust will allow requests, provide consistency and fairness in decision-making, and comply with legislation and HCA regulations. WVHT staff, WVHT tenants, potential WVHT tenants When completing the section below consider whether the services made available through the policy are accessible to everyone with the community. Bear in mind any economic, social, environmental, physical, intellectual, cultural, linguistic, technological or other barriers. 3. Are there concerns that the policy could have a differential impact either positive or negative due Yes [X] No to their age? otherwise) do you have for this? 4. Are there concerns that the policy could have a differential impact either positive or negative due The policy requires incoming tenants (via sole-to-joint tenancy change, or assignment) to be aged over 18, and to meet any age criteria which would apply to the relevant property if it were being allocated under the Allocation Policy. This is justified because it reflects the Allocation Policy under which these questions have been considered and agreed. Yes [X] No 11
to disability? otherwise) do you have for this? 5. Are there concerns that the policy could have a differential impact either positive or negative on people with literacy issues? otherwise) do you have for this? The policy requires incoming tenants (via sole-to-joint, or assignment) to meet any medical criteria which would apply to the relevant property if it were being allocated under the Allocation Policy. This has a positive differential impact on physically disabled customers, as it ensures that properties which are designed or adapted for such use are reserved for the customers who need them. Yes [X] No Formal documentation (eg. assignment deeds, tenancy agreements) must be enacted in writing for legal reasons. This negative impact can be overcome through clear verbal explanation at sign-up appointments. 6. Are there concerns that the policy could have a differential impact either positive or negative due to gender? otherwise) do you have for this? Yes No [X] 7. Are there concerns that the policy could have a differential impact either positive or negative on racial groups? otherwise) do you have for this? Yes [X] No Any customers who do not understand English well could fail to understand the requirements of application and sign-up processes. This negative impact is overcome through the use of translation services where required. 8. Are there concerns that the policy could have a differential impact either positive or negative due to their faith or religious belief? Yes No [X] 12
otherwise) do you have for this? 9. Are there concerns that the policy could have a differential impact either positive or negative due to any other equality issues? (e.g. people with dependents and or/ caring responsibilities or people with a criminal record) otherwise) do you have for this? 10. Are there concerns that the policy could have a differential impact either positive or negative due to sexual orientation? otherwise) do you have for this/ Yes [X] No The policy enables the Trust to refuse sole-to-joint requests or assignments if the proposed incoming tenant has been responsible for crime or anti-social behaviour. This is justified under the Trust s Transforming Neighbourhoods Strategy, and is in accord with the Allocation Policy. Under section 3.6, a tenant whose request has been refused may appeal the decision. Yes No [X] 11. Are there concerns that the policy could have a differential impact either positive or negative on Transgender People? otherwise) do you have for this/ 12. Could the differential impact identified in 3-10 amount to there being the potential for adverse impact in this policy? Yes No No [X] 13
Can this adverse impact be justified on the grounds of promoting equality of opportunity for one group? Or any other reason? N/A Should a full impact assessment to be carried out? (Add target date) Area of Action Target Negative Date Impact Yes No [X] Responsible Outcomes for Customers Progress 14