1 Tenancy Policy January 2014 Table of Contents Tenancy Policy... 1 Introduction... 2 Legal Framework... 2 Purpose... 3 Principles... 3 Policy Statement... 4 Tenancy Statement... 4 Tenancy Types... 5 Assured Shorthold Starter Tenancies... 5 Assured Non-Shorthold... 5 Assured Non-Shorthold (Preserved Rights)... 5 Affordable Rent... 6 Related Policies and Procedures... 7 Vulnerable Customers... 7 Tenancy Fraud/Sustainability... 7 Mutual Exchanges and Transfers... 7 Assignments and Succession... 7 Welfare Reform... 8 Review... 8 Equality & Diversity... 8 Complaints... 8
Introduction 2 Bolton at Home is a not-for-profit social housing provider registered with the Tenant Services Authority. Established following a stock transfer in March 2011 Bolton at Home works to improve homes and services for local people. Under the Localism Bill, all Social Housing Providers have a duty to produce a Tenancy Policy which meets the requirements of the tenancy standard and the local tenancy strategy. The aim is that the publication of this Tenancy Policy will provide transparency, enabling local communities to understand clearly how Bolton at Home is responding to local housing needs and priorities. It also provides a statement of intent, linking Bolton at Homes existing individual policy documents. This Policy document has been published to support the Councils Strategic Tenancy Policy document. At the time of publication, the introduction of the welfare benefit reforms has not yet impacted fully on customers. Bolton at Home has worked towards ensuring customers are made aware of the changes and the potential impacts. Bolton at Home has taken a proactive approach in advising and supporting customers, and will continue to do so as the changes are implemented. Many of the Government's welfare benefit changes have become law. Some changes have already happened and others will be taking effect very soon. Bolton at Home will keep tenants and other service users updated with any further important changes that may be announced, when this is made available to us. Timetable of key changes April 2013 Introduction of Bedroom Tax April 2013 Non-dependent charge increase October 2013 Introduction of Universal Credit The full impact of these changes is still unknown. Bolton at Home will continue to monitor the impacts on both customers and services. As the effects become clearer Bolton at Home will produce an updated version of this Tenancy Policy document that will include further details of the impacts of welfare reforms. Legal Framework The Localism Act 2011 prompted a review of the Regulatory Standards Framework for Social Housing in England. The draft new tenancy standard sets out the following required outcome for all housing providers: Registered providers shall issue tenancies 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. Preserved Right tenancies must be retained for those tenants who held them on the day that section 132 of the Localism Act 2011 came into force. Such Preserved Right will be retained where the tenant chooses to move to another social rented home within Bolton at Home.
3 Purpose Bolton at Home is committed to increasing the provision of housing and to making the best use of stock to meet the needs of existing and new customers. We are also strongly committed to the principle of assured tenancies and see strong social, financial and administrative reasons to continue to offer an assured tenancy to our new tenants on completion of the tenant s starter tenancy where appropriate. Principles We will grant affordable rent tenancies in most circumstances when allocating new homes developed as part of the HCA 2011 2015 development programme. We will grant affordable rent tenancies to an identified proportion of our general needs re-iets Affordable rents will be set at up to 80% of the gross market rent. Where affordable rent tenancies are granted this will be a starter tenancy which will convert to an assured tenancy, where appropriate, in line with the provisions in the Starter Tenancy Policy. Where a starter tenancy cannot be offered (see Starter Tenancy Policy) then an assured tenancy may be offered. We are committed to safeguarding the security of tenure of our existing assured tenants and ensuring that they remain on a social/fair rent wherever possible when transferring. As the main provider of affordable homes in Bolton, Bolton at Home is committed to reducing homelessness and meeting housing needs through maximising the occupation of our homes in accordance with its policies, and supports the creation of stable and sustainable communities through efficient and effective tenancy and estate management services. Bolton at Home will work in partnership with the Bolton Council, Bolton Community Homes, and other support agencies to develop a strategic crosstenure approach to the provision of tenancy support services. Bolton at Home will look to identify and offer assistance to vulnerable tenants that may require support to sustain their tenancies. Bolton at Home 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 and our website.
Policy Statement 4 Bolton at Home has a history of working in partnership with Bolton Council to provide customers with access to housing when they most need it, and supporting local communities by investing in and regenerating local neighbourhoods. We recognise that housing is a scarce resource and that we have a responsibility to manage our stock effectively. Bolton at Home is committed to delivering services to a very diverse customer profile, managing different stock types and delivering a range of services across Bolton s communities. We are committed to increasing the provision of housing and to making the best use of stock to meet the needs of existing and new customers. We are strongly committed to the principle of assured tenancies and see strong social, financial and administrative reasons to continue to offer an assured tenancy to the majority of our new tenants at the end of their starter tenancy. We will continue to work in partnership with the Council and other support agencies to develop a strategic approach to the provision of tenancy support services and in the development of innovative programs to provide affordable housing in Bolton. Tenancy Statement Bolton at Home recognises the importance of tenure security in both developing and maintaining stable and viable communities in Bolton. Bolton at Home will consider a range of options to ensure that those dwellings that have received major adaptations and/or conversions to meet particular need are allocated in a way that makes best use of stock and meets our major conversion policy. Currently Bolton at Home does not intend to introduce fixed term tenancies for the social housing rented sector. This position will be reviewed if legislation changes, or the operational or strategic environment changes. However, Bolton at Home recognises the need to adopt a flexible approach to maximising allocations and to take account of the impacts of welfare reform. The position will also be reviewed following the publication of Bolton Council s Strategic Tenancy Policy document.
5 Tenancy Types Bolton at Home will issue the customer with a tenancy agreement for their tenancy; this is a legal agreement between the customer and Bolton at Home. It sets out the customer s rights and responsibilities and also Bolton at Home s rights and responsibilities. The type of Tenancy Agreement issued will be one of the following: Assured Shorthold Starter Tenancies This will be used for the vast majority of new customers. The Starter Tenancy will run for the first 12 months and, providing there have been no serious breaches of the agreement, it will expire on the anniversary date and the customer will be contacted to sign an Assured Non-Shorthold Tenancy Agreement. During the Starter Tenancy period, customers will not have the same rights as Assured Non-Shorthold Tenants. Assured Non-Shorthold This tenancy agreement will be used for new tenants to Bolton at Home who have completed their 12 month Starter Tenancy period; this tenancy agreement allows the customer the Right to Acquire and the Right to Exchange. Assured Non-Shorthold (Preserved Rights) This is used for Bolton at Home tenants who were tenants prior to the stock transfer, or for tenants transferring into Bolton at Home properties who have the Right to Buy under their existing tenancy agreement. It grants them very similar rights to the Secure Tenancy with the council, and preserves their Right to Buy. Publications providing further details on customers rights and responsibilities are available on our website and Bolton at Home Offices.
Affordable Rent 6 The new affordable rent model enables Registered Providers to let a percentage of their re-lets at an affordable rent up to 80% of the gross market rent. Bolton at Home will have discretion to identify which re-iet properties will be appropriate to be converted from social to affordable rent. Properties will not be converted from social to affordable rent where any of the following apply: Where there is a Section 106 planning agreement or restrictive covenant which is not compatible with the affordable rent model and it cannot be varied Where there are local agreements/contracts which are not compatible with the affordable rent model and they cannot be varied Where 80% of the gross market rent is below the target social rent plus service charges It is sheltered accommodation It is supported accommodation Where the proposed tenant is a minor Where the proposed tenant is transferring from another property within Bolton at Home on an assured tenancy Where the proposed property has been significantly adapted to meet the needs of a disabled person. Bolton at Home will have the discretion to convert affordable rent properties back to a social rent where a property cannot be let at an affordable rent level.
7 Related Policies and Procedures Bolton at Home will endeavour to ensure that all tenants are aware of their full range of rights and responsibilities, and landlord duties will be exercised in compliance with relevant legislation, regulation and statutory guidance. Information is provided in a variety of ways to suit tenant s needs, including the tenancy agreement, the tenant s handbook and our website. This policy outlines our principles and approach to tenancy management. Details of the process and practical implementation of the key areas covered by this policy are contained in a full range of individual policy and procedure documents. Vulnerable Customers Where a customer has been identified as vulnerable we will ensure that they have access to additional support to help understand their tenancy and the review process. This support may be provided by our own staff or other appropriate support agencies. A vulnerable customer is one who needs support to maintain their tenancy, for example, because or health, age or personal circumstances. Bolton at Home also offers financial advice through the Debt Advice Service to low income and vulnerable customers, providing financial advice or assistance, which has a significant impact upon improving tenancy sustainability, and reducing failed tenancy rates. Tenancy Fraud/Sustainability We have a successful programme to ensure that properties are not subject to tenancy fraud. We have a Financial Inclusion Strategy which seeks to make best use of our resources, provide advice and assistance and ensure our customers are able to maintain their tenancies and avoid unnecessary evictions. Mutual Exchanges and Transfers A customer must obtain permission from Bolton at Home before a mutual exchange can proceed. We will operate mutual exchange process, and we will endeavour to give our existing tenants priority if they are looking to move because of changes in their circumstances and/or household size. Assignments and Succession Succession rights are only granted with spouse/partner/civil partner being able to succeed the tenancy. No assignment other than mutual exchange will be permitted. Family members other than a spouse or civil partner may succeed to a tenancy but must have lived with the deceased for 12 months prior to their death.
Welfare Reform 8 Bolton at Home is aware of the potential impact of welfare reform on its tenants and is proactively working to ensure that those affected are aware and that, where possible, the impacts of welfare reform is minimised. It has a number of policies in place to support customers. It will work closely with customers and other agencies to assess the impact, including supporting customers to move to smaller properties through our downsizing process, and by supporting customers to maximise their income and explaining options that might be available. Review This policy will be reviewed annually unless there are changes to legislation, regulation, best practice or a business need. Equality & Diversity Bolton at Home recognises that it operates in a community within which there is wide social diversity, and are committed to providing equal opportunities and valuing diversity. We aim to treat all customers fairly, and with respect and professionalism, regardless of their gender, race, age, disability, religion, sexual orientation and marital status. To enable all residents to have clear information and equal access to our services, Bolton at Home publishes clear information in a range of appropriate languages and formats and through a range of media. Complaints Bolton at Home operates a complaints procedure, where customers can complain about any aspect of the service with which they are unhappy. Policy documents and further information are available on our website: www.boltonathome.org.uk