Tenure Policy
Part of our Tenancy Management Framework - Level 1 policy approval.
1. Introduction
1. 1. Fairhive Homes Ltd is a Registered Provider of homes. In accordance with the Regulator of Social Housing (RSH) Tenancy Standards; we will issue the most appropriate form of tenure compatible with the purpose of housing provision, the sustainability of the community and any other requirements consistent with the regulatory framework.
1. 2. The Policy sets out the type of tenancy agreement we will offer when letting our properties for the following tenures:
- General Needs.
- Adapted Accommodation.
- Key Worker.
- Temporary Accommodation.
- Housing for older persons in Independent Living Schemes.
It does not include shared ownership properties, Live Work Units or Commercial Lease properties.
1. 3. The objectives of this Policy are to:
- Ensure we comply with all legal and regulatory requirements and standards.
- Make the best use of housing stock, by ensuring that the right person is in the right home at the right time.
- Encourage tenants to explore other housing options, such as low-cost home ownership or the private rented sector (where appropriate).
- Ensure the protection of security of tenure for tenants who have to move due to domestic abuse. The Domestic Abuse Act 2021 makes it clear that any tenant with an assured or secure tenancy who has to move due to domestic abuse will keep that level of tenure and will not be required to start their new tenancy as an assured shorthold tenant.
- Help tackle specific housing management issues, such as anti-social behaviour (ASB) and/or other breaches of tenancy.
- Ensure that tenant’s security of tenure cannot be demoted or reduced unless through mutual assignment or via a court order.
- Target social housing so it meets the needs of the community, for example by addressing under-occupation of larger family accommodation and encouraging down-sizing where appropriate.
- Ensure tenancies granted are consistent, transparent and fair.
- Assist mobility and respond to the changing needs of our tenants.
- Reduce the impact where demand for social housing exceeds supply.
- Co-operate with Local Authority partners in the development of their tenure strategies.
2. Background
2. 1. The RSH’s Regulatory Framework sets out the Tenancy Standard which requires Registered Providers to publish clear and accessible policies which outline their approach to Tenancy Management.
3. Tenancy
3. 1. The type of tenancy issued by us will be influenced by a number of factors including:
- The date the agreement will commence.
- The type of tenancy agreement, if any, held immediately prior to the new agreement being granted.
- The tenure of property to be occupied e.g. supported, house in multiple occupation, temporary accommodation and general needs.
- Restrictions arising from nomination agreements, deed title, covenants, S106 and any other planning consents and funding streams used to provide the accommodation.
- Local Authority housing strategies.
3. 2. Each tenant is issued with a Tenancy Agreement which contains rent and service charges (where applicable), and outlines the rights and responsibilities of both the tenant and us. The rent level charged for each property is determined in accordance with our Rent Policy.
3. 3. Tenancies are determined by statute and the various types were introduced by the Housing Act 1988 and amended by the Housing Act 1996 and further amended by the Localism Act 2011. We make use of the following tenancy types:
- Assured Shorthold Tenancies.
- Assured Shorthold Fixed Term Tenancies (Starter).
- Assured Tenancy.
- Licence Agreements.
- Equitable Tenancies.
- Secure Tenancies.
3. 4. Assured Shorthold Tenancies
We will continue to make use of Assured Shorthold Tenancies (AST) for all new housing applicants who currently do not have an assured or secure tenancy.These tenancies are issued for a period of 12 months.
3. 5. Assured Tenancies
Most of our tenants hold Assured Tenancies.These are often referred to as ‘lifetime’ tenancies because the tenant has security of living in the property for the rest of their life as long as they do not breach their tenancy agreement.
3. 6. Assured Shorthold Fixed Term Tenancies
3. 6. 1. We have previously made use of fixed term tenancies for Affordable Rent and in accordance with the Governments program. In 2018 the Government reviewed Fixed Term Tenancies and advised it will no longer be supporting their use due to their failure to provide the best use of stock due to the lack of suitable housing.
3. 6. 2. We are in the process of converting all our five year fixed term tenancies in to Assured Tenancies (where eligible and appropriate to do so).
3. 6. 3 The former Betty Messenger Trust properties are all on five year fixed-term tenancies as per the agreement with Wycombe District Council.
3. 7. Licence Agreements
3. 7. 1. We will continue to make use of licence agreements. A licence agreement – or use and occupation agreement – is where the occupier has the right to use and occupy the property only. The occupier has very few rights and they do not include exclusive use of the property. This type of agreement is not a tenancy.
3. 7. 2. These types of agreements are used predominantly where there is a non-statutory succession and they are seeking suitable alternative accommodation. We also make use of licences for temporary moves such as decants where we require a tenant to move to another property temporarily in order to carry out improvement or repair works. In either scenario it allows the occupant to pay a fee for the use and occupation of the dwelling.
3. 8. Equitable Tenancies
3. 8. 1. We will not usually grant tenancies to people under the age of 18 years for general needs housing as persons under this age cannot be legally held responsible for a tenancy under the Law of Property Act 1925. This Act prevents people under the age of 18 years holding a legal interest. However, the Act does not prevent minors from holding an equitable interest, such as an equitable tenancy.
3. 8. 2. Should a minor require re-housing then the tenancy will be granted an equity with the legal interest being held by a trustee on the minor’s behalf. The Trustee will also be the guarantor for the tenancy, helping to assist in sustaining the tenancy, accessing support and tackling issues relating to rent and tenancy management. The trustee may be a family member, support agency or Local Authority, the minor must adhere to the terms and conditions of the relevant tenancy and the actual tenancy agreement will formally come in to effect when the minor turns 18.
3. 8. 3. We will regularly monitor such tenancies to ensure that when the minor reaches the age of 18 the tenancy is reviewed and amended accordingly.
3. 9. Joint Tenancies
3. 9. 1. Joint tenancies are normally offered to married couples, civil partners and people in a relationship who live together. Joint tenants share the same Tenancy Agreement and are both responsible for complying with the conditions of the agreement. We do not offer joint tenancies to siblings or friends living in the household. Joint tenancies apply to all tenancy types.
3. 9. 2. However, we do not offer joint tenancies in Independent Living or any other age designated accommodation when one partner is under the age requirement – i.e. the oldest partner is 60 and the younger partner is 53. In such case, the tenancy would be in the oldest partner’s name only.
3. 10. Demoted Tenancies
We can apply to court to seek to downgrade an existing assured or secure tenancy to a ‘demoted’ tenancy.A ‘demoted’ tenancy has the same rights as an assured shorthold tenancy but with fewer rights and less protection from eviction than an assured or secure tenancy.After a year, if there are no further problems with the ‘demoted’ tenancy, the tenant is automatically entitled to a new assured tenancy (even if they were a secure tenant before).
4. Mutual Exchanges
4. 1. For mutual exchange tenancies which both started before 1st April 2012 (pre Localism Act 2011) are as follows;
- Secure tenants with protection have the right to exchange their tenancy by way of mutual exchange with another secure tenant or an assured tenant (social tenant). In these cases the tenancies will effectively be swapped between tenants, with the tenancy remaining with the property rather than with the tenant. This mutual exchange must be by way of deed of assignment.
4. 2. For mutual exchange tenancies which both started after 1st April 2012 (post – Localism Act 2011) are as follows:
- A tenant will surrender their tenancy and be granted the same tenancy for a different property.
4. 3. If one tenancy started pre April 2012 and the other started post 1st April 2012 then an exchange is possible and this must be by way of surrender and re-grant.
5. Succession
5. 1. Succession is dependent on whether it is statutory or contractual succession.For tenants with a tenancy start date before 16th July 2006 this will be in accordance with transfer promises and therefore contractual.For tenants after this date we will deal with succession in accordance with relevant legislation.With either approach we will grant statutory or contractual successors the original tenancy of the deceased resident.
5. 2. The law on succession is that spouses, civil partners and couples living together as if they are a spouse of civil partner, have statutor succession rights, providing that they can submit evidence to confirm they are occupying the property as their sole and principal home at the time of the tenant's death. Legally there is only one right of succession.
5. 3. If the tenancy agreement is an affordable fixed term rent agreement the successor will take on the remainder of the term and will be converted to an assured tenancy (if eligible and appropriate to do so).
5. 4. We will no longer allow succession rights for children/family members on any new tenancy issued from May 2019 in line with the Localism Act 2011. Remaining children/family members would be offered support to apply for alternative accommodation through the appropriate council.
6. How the Policy will be Implemented
6. 1. The Lettings Manager has responsibility for the implementation of this Policy.
6. 2. Relevant policies and procedures are in place to ensure that the details within this
Policy have been embedded within the organisation and taken forward.
7. Review
This policy will be reviewed in three years and as appropriate following changes in Government legislation and regulatory standards.
8. Impacts
Resident/Staff Implications -
The Lettings Manager is responsible for the implementation of this Policy and for the ongoing training of Lettings staff to ensure that the Lettings process complies with all legal and regulatory standards for the benefit of our residents and the organisation as a whole.
The Tenure Policy aims to ensure best usage of our housing stock and to try and make sure that residents are housed in the most appropriate accommodation under the most appropriate type of tenancy.
The Policy is available on request for residents to review.
Equality, Diversity & Inclusion -
This Policy aims to ensure that we let our properties in a consistent, fair and transparent way. In accordance with our Equality and Diversity Policy we will ensure that this Policy is applied fairly and ensure we do not discriminate on any grounds.
The implementation of procedures will be sensitive to the specific needs of the individual tenants in accordance with our Equality and Diversity Policy.
We will seek to identify those with additional support needs (both at the start of and during their tenancies) and provide, procure, support, signpost and/or refer residents towards the advice and support they require to best sustain their tenancies.
Value for Money -
We are committed to continuous improvement with our services and will consider ‘best practice’ from across the sector and will look to implement further service improvements as and where appropriate.
This Policy ensures we are making best use of our properties by ensuring each property is suitable for each resident’s needs, ensuring that we don’t allow residents to over occupy, or under occupy wherever possible and that in cases where this occurs that the relevant advice, guidance and support is provided to try and make sure that each individual household is suitably housed in the appropriate accommodation.
Data Protection -
All due care is taken to protect data held by us and in particular, we ensure we keep all residents data secure and meet with data protection requirements.
Accountability -
We are committed to operating in a way that is transparent and fair.
A resident can appeal to us in relation to any decision contained within this Policy. The appeal can be made in writing, by telephone or in person. This is to be considered by the Housing Services Manager in the first instance through our Housing Management Review Procedure.
This policy is available on request.
Quality -
We look to ensure that our residents are safe in their homes by supporting the prevision of well-maintained homes which are in line with legislative and regulatory requirements.
When things go wrong -
Residents can communicate concerns through our formal channels.
9. Related legislation and other documents:
Tenancy Management Policy
Allocations Policy
Rent Arrears Prevention & Recover Policy
Domestic Abuse Policy
Equality & Diversity Policy
Housing Management Review Procedure
Localism Act 2011
Law of Property Act 1925
Housing Act 1996
Domestic Abuse Act 2021
| Author | Mark Frayne-Johnson |
| Job tittle | Housing Services Manager |
| Date approved | March 2023 |
| Review due date | March 2026 |
