4.1. We expect all social housing providers to produce a Tenancy Policy which addresses the items listed in 3.2. We have set out our strategy on these matters, and expect social housing providers to consider the contents of this strategy in the following ways:
a. What type of tenancies will be granted?
We expect that social landlords will offer either fixed-term tenancies or lifetime time tenancies (secure or assured). These tenancies may be preceded by a 12-month introductory or probationary tenancy.
b. If fixed-term tenancies are offered, how long will they last?
Although permissible by law, we do not support the granting flexible fixed-term tenancies of less than five years. We would expect that in most instances, fixed-term tenancies, where awarded, will be for a five-year period or longer, or up to the 19th birthday of the youngest occupant if longer than five years.
c. Under what circumstances will a particular tenancy be granted?
- Where social landlords offer an introductory or probationary tenancy, it should be available to all new social housing tenants.
- Existing social housing tenants should retain their security of tenure or other tenancy rights after a move to a different social housing tenancy, where there is no break in tenancy.
- Social landlords may want to offer a fixed-term tenancy to existing or new tenants moving to a new build affordable rent property.
- Social landlords may want to offer a mix of fixed-term and lifetime tenancies, depending on various circumstances.
Examples of people who may be granted a lifetime tenancy are: - people over pension age
- people with an enduring physical or mental health disability..
Examples of people who may be granted a fixed term tenancy are: - tenants moving to certain types of property
- tenants moving to certain size of accommodation.
d. What process will be used for reviewing tenancies at the end of the fixed term?
Social landlords must have a clear policy for reviewing a tenancy before the end of the fixed term. This should include details of any financial limits that may prevent the award of a further tenancy. It should state how a landlord will decide if a property still meets the household’s needs.
- The tenancy review should primarily be an opportunity for both landlord and tenant to consider if the current home meets the tenant’s needs now and in the future.
- Where a review is carried out with a vulnerable tenant, we expect social landlords to take all practical steps to make sure the tenant can fully participate in the review hearing.
- We would expect the review to take place at least 9 months before the tenancy is due to end. This is to allow enough time for a tenant to find alternative housing if the tenancy is not renewed, and alternative accommodation is not provided.
e. Under what circumstances will a tenancy not be renewed in the same property or in a different property?
Social landlords must have a clear policy for reviewing a tenancy before the end of the fixed-term and this should include:
- details of any financial limits that will prevent the award of a further tenancy.
- how a landlord will decide if a property continues to meet a household’s needs
- any other matters that may be considered.
We aim to prevent homelessness where possible and expect landlords to offer financially realistic housing options to people in need. It would be counter-productive for landlords not to renew tenancies, unless they have carried out a thorough review including proactively offering tenants advice and assistance to find alternative accommodation.
f. Affordable Rent
Government policy allows Registered Providers (RPs) nationally to charge‘Affordable Rent’ which must not exceed 80% of gross market rent (inclusive of service charges) where certain conditions apply. Generally, Affordable Rent will be higher than Social Rents and tend to be used by social landlords to generate additional funds to support the funding of new affordable homes for the area.
We do not believe we have a role in determining the rents set by independent RPs. However, we understand the importance of ensuring that affordable housing is kept affordable across the area for our residents. It is important to us that social housing continues to provide for households and residents who cannot afford housing at a market rate.
We expect all RPs to adhere to the following in relation to Affordable Rent:
- Set out a clear policy on Affordable Rent in their own Tenancy Policy including whether or not they intend to allocate Affordable Rent housing stock, and if so, the circumstances in which they intend to do so.
- Consider and give regard to the affordability of its housing to existing and future tenants.
- Comply with all and any policy or guidance issued by Homes England or Central Government in regard to Affordable Rent, including caps on rent.
- Monitor and analyse all and any impact of their Affordable Rent charging regime and share this information with the council and other stakeholders the findings of these activities annually. The council will review this information and update its Tenancy Strategy accordingly, if necessary.
- Consult with the council before converting any existing housing stock to Affordable Rent housing stock.
- Have due regard to requirements set out in section 106 agreements relating to Affordable Rent.
- Ensure that any Affordable Rent housing stock is advertised clearly as such to residents to ensure fairness and transparency.
4.2. Preventing homelessness
Although it is clear in the Localism Act 2011 that the landlord is responsible for providing advice and assistance, we can provide a comprehensive service locally to all applicants for affordable housing. This includes advice and assistance with finding suitable private rented accommodation. Further details on housing and homelessness are on our website.
As we retain the statutory responsibility to provide housing for homeless households in priority need, we want to make sure there is a robust approach to providing advice and assistance where a tenancy is not renewed.
We would ask all social landlords in Norwich to:
- notify us when a tenancy will not be renewed, and the agreed alternative housing arrangements.
- provide details of the advice and assistance provided, if not using our advice and assistance service which is our preferred option.
4.3. All social landlords are required to set out the way a tenant or prospective tenant may seek a review of:
- the length of the fixed term
- the type of tenancy offered.
- a decision not to grant another tenancy on the expiry of the fixed term.
4.4. We expect social landlords to make sure tenancy policies contain the following information:
- Who to make a request to and how, and the timescales to do it
- How review panels will work
- Timescales for administering reviews.
This information must be accessible and widely publicised, such as on websites, and be available on request.
