Tenancy Management Policy May 2024

Wiltshire Council (the Council) Housing Management Service (HMS) is committed to providing an effective and efficient tenancy management service which reflects our statutory responsibilities and good practice.

The purpose of this policy is to ensure current and future Council tenancies are managed consistently and support the Council's vision for residents to whom we act as landlord to, to ensure tenants have a clear understanding of their tenancy, their rights and obligations and the level of security their tenancy offers them.

The Council aims to deliver an efficient, effective and consistent HMS to support tenants to sustain their tenancies. The overall strategic aim is to apply a firm but fair approach to managing tenancies, taking account of individual tenant circumstances, whilst being sensitive to equality considerations including vulnerability, disability, language spoken, age and levels of literacy.

The Council will:

• Provide tenants in settled accommodation with security of tenure which supports their wellbeing, the development of family life and thriving communities.
• Recognise tenants' needs, aspirations and changing lives and provide a service which meets these.
• Make best use of our limited supply of homes by enabling and encouraging tenants to move to more suitable accommodation if their home no longer meets their needs.
• Support tenants to sustain their tenancies and tackle breaches of the tenancy proportionately.
• Deter and tackle tenancy fraud.

3.1 Documentation, this policy should be read in conjunction with:

• Tenancy Agreement
• Tenancy Strategy
• Homelessness Strategy
• Wiltshire Council Allocations Policy
• Anti-Social Behaviour Policy
• Rent Arrears Policy
• Rechargeable Repairs Policy.

3.2 Legislation:

• The Housing Act 1985, 1988 and 1996
• Localism Act 2011
• Domestic Abuse Act 2021
• Protection from Eviction Act 1977
• The Anti-social Behaviour, Crime and Policing Act 2014
• The Social Housing (Regulation) Act 2023, consumer standards 2024
• Prevention of Social Housing Fraud Act 2013
• ASB, Crime and Policing Act 2014
• Matrimonial Causes Act 1973
• Matrimonial and Family Proceedings Act 1984
• Civil Partnership Act 2004
• Prevention of Social Housing Fraud Act 2013
• The Law of Property Act 1925
• The General Data Protection Act 2018, GDPR 2018
• Freedom of Information Act 2000
• Human Rights Act 1998
• Equality Act 2010
• County Court Civil Procedure Rules.

4.1 Introductory tenancies

All new Council tenants will be offered an introductory tenancy lasting 12 months. This 'trial' period allows tenants to demonstrate that they can sustain a tenancy and comply with the terms of the tenancy agreement. Tenants on an introductory tenancy do not have the same rights as tenants on secure tenancies.

Introductory tenants:

• Cannot apply to buy their Council home through the Right to Buy scheme.
• Cannot make any alterations or improvements to the home.
• Cannot swap (mutual exchange) with another Council or Housing Association tenant.

Throughout this 12-month period, the tenancy will be monitored.

A tenancy review will take place at around 6 weeks after the tenancy start date. This can be done over the phone or via a home visit to ensure that the tenant is managing their tenancy, able to maintain their home and that all other aspects of the tenancy are being met.

If additional needs are identified at the 6-week check, an officer will facilitate appropriate support, or signpost to a support agency, to ensure that the tenant is given every opportunity to maintain their introductory tenancy.

If there is a breach of tenancy during this 12-month period, the Council can extend an introductory tenancy for a further 6 months. However, if the Council feels that due to the breach it is appropriate, the Council will take steps to terminate the introductory tenancy before the 12-month period or extended period ends.

Introductory tenancies can be brought to an end more easily than secure tenancies. Upon service of a 'Notice to End' tenancy, the introductory tenant will have the opportunity to appeal the decision to seek to evict, and the Council will review the decision if requested. If the outcome review upholds the decision to seek possession of the property, the Council can apply to the Court for a possession order and end the introductory tenancy. If the review finds the Council should not uphold the decision to seek possession, the tenancy will revert to an introductory tenancy for the duration of the probationary period. 

Providing the Council have followed the correct processes, a court must grant possession to the Council. If an introductory tenancy is ended, the tenant will be supported to access help and advice on alternative housing options if this occurs.

Introductory tenancies will not be used where:

• Someone is a secure tenant of a local authority immediately before the offer of accommodation, or a secure or assured tenant of a housing association; or
• Where a secure tenancy is being assigned, including by way of a mutual exchange
• In exceptional circumstances, where it would not be appropriate to grant an Introductory Tenancy, the Council will grant a Secure Tenancy.

The use of introductory tenancies will help the Council achieve the following:

• Encourage compliance with the tenancy conditions and enable early action for any serious breach of the tenancy agreement
• Encourage community stability and cohesion
• Reduce anti-social and nuisance behaviour among new tenants.

4.2 Secure tenancy

Once the term of an introductory tenancy has been successfully completed, the tenancy automatically becomes a secure tenancy. A secure tenancy is a lifetime tenancy meaning it cannot expire and a tenant(s) will keep the protection of a secure tenancy so long as they continue to live in their premises as their only or principal home. A failure to do so results in security of tenure being lost automatically. Whilst the tenancy remains secure the Council can only terminate the tenancy if the tenant has breached their tenancy conditions.

Secure tenancies will be granted to:

• Existing secure tenants of the Council (in the case of transfers)
• A secure or assured tenant of a social landlord
• An introductory tenant who has successfully completed their introductory period
• Existing secure tenants who need to move from their social tenancy to escape domestic violence.

A secure tenancy gives the tenant security of tenure and the following statutory rights:

• Right to buy their home (this does not include sheltered or extra care housing)
• Repair their home if we fail to do so
• Make improvements or alterations to their home (subject to permission - please refer to our Home Improvement and Alteration Permission Policy for further information). Make improvements or alterations to their home (subject to permission - please refer to our Home Improvement Policy and Alteration Permission Policy for further information)
• Have lodgers or sublet part of the property (subject to permission)
• Exchange homes with another tenant via mutual exchange (subject to permission)
• In some circumstances pass on their tenancy when they die (subject to permission).

4.3 Demoted tenancy

A demoted tenancy presents the Council with an alternative to suspended possession proceedings in cases involving anti-social behaviour. The tenant of a demoted tenancy does not lose their home but has less security and fewer rights. It is broadly like an introductory tenancy.

The Council will serve a four-week notice of its intention to seek to demote a tenancy for 12 months when the tenant, or someone living with or visiting the tenant, has:

• Engaged or threatened to engage in antisocial behaviour; or
• Used or threatened to use the property for an unlawful purpose.

The Council will apply for a court order to provide authorisation of the demoted tenancy.

If the tenant has complied with the court order at the end of the 12- month period, their tenancy will revert to a secure tenancy. If the tenant has not complied with the order, the Council will:

• Serve a four-week notice with decision to seek possession of the property; and
• Obtain a possession order to evict the demoted tenant.

A demoted tenant will have the opportunity to appeal the decision to seek to evict, and the Council will review the decision if requested. If the outcome review upholds the decision to seek possession of the property, the Council can apply to the Court for a possession order and end the demoted tenancy. If the review finds the Council should not uphold the decision to seek
possession, the tenancy will revert to a secure tenancy.

The Council will not demote a tenancy more than once. If a tenant whose tenancy has previously been demoted has reverted to a secure tenancy, then reoffends, the Council will take steps to end the tenancy.

4.4 Licence agreement

If a Council home requires major works, for example because of a serious fire, a decant to temporary accommodation will be offered if the Council considers it unsafe for a household to remain at home during the work. The tenant(s) will be offered a licence agreement for the alternative accommodation for the duration of the works.
When works are completed, the tenant(s) will be served with Notice to end the licence agreement, return to their home, and continue their secure tenancy. The secure tenancy will continue whilst works are undertaken and will be deemed a continuation in respect of the tenancy, and for the purposes of Right to Buy, qualifying discount. 

4.5 Under 18 years of age

A person under the age of 18 cannot legally hold a tenancy. In cases of minors seeking tenancies, the Council will require another member of the minor's family or another trusted adult to hold the tenancy in trust until they have reached the age of 18 when the tenancy will pass to them.

For all applications, the Council offers both sole and joint tenancies to new households moving into a Council home. This is subject to eligibility. It is the household's decision whether to apply for a joint or sole tenancy.

5.1 Sole Tenancy

A sole tenancy is where one member of the household signs the tenancy and is responsible for ensuring the household fulfils the responsibilities set out within the tenancy agreement. This includes paying the rent and ensuring no one in the household is responsible for causing anti-social behaviour. Where there is a breach of tenancy, the sole tenant is accountable, even if a member of their household or guest is responsible.

5.2 Joint Tenancy

A joint tenancy is where both people have the responsibility for meeting the requirements of the tenancy agreement. Both tenants are entitled to stay in the home until the end of the tenancy and both joint tenants will be responsible for all the rent regardless of whether they live in the property or not. The Council will offer this tenancy to a maximum of two people and recognises applications for joint tenancies where two people are married or in a civil partnership or couples who have been cohabiting for at least 12 months.

Joint tenancies will not be offered to siblings or anyone else who may be living in the home. The Council will not grant inter-generational tenancies, for example parent and child, grandparent and child. Joint tenants have equal rights and responsibilities to the tenancy.

Legally, a joint tenant can usually serve a notice to end a joint tenancy even without the knowledge or consent of the other joint tenant. The tenancy will come to an end and both tenants will have to move out, or the Council may issue possession proceedings to evict.

In order to apply for a joint tenancy, you will need to provide proof of marriage or civil partnership or proof of cohabiting for at least 12 months.

5.3 Converting a sole tenancy to a joint tenancy

It is not legally possible for a sole tenant to 'add' a joint tenant to their tenancy. The Council may agree to a surrender of an existing sole tenancy where there has been no succession and a re-grant to the original tenant and a new joint tenant, but it is not obliged to do so.

Requests will be considered on a case-by-case basis in accordance with s.91 of the Housing Act 1985. It is important to seek independent legal advice if you are considering requesting a joint tenancy.

Applications for a sole to joint tenancy will be refused under the following circumstances:

• The household cannot provide proof of marriage or civil partnership, or of joint residency for at least 12 months prior to the application
• There is outstanding action against the household for a breach of tenancy
• There are outstanding rent arrears
• There is a history of tenancy breaches
• The tenancy has been demoted
• The applicant is already named on another tenancy
• The tenancy has already been assigned to the sole tenant
• The tenancy has been succeeded to by the sole tenant
• The applicant is under 18 years of age, unless it can be shown that the joint tenancy is necessary for the minor.

Where applications are accepted a Notice to Quit must be served by the existing tenant and a new joint tenancy with the same level of security as the original tenancy will be granted.

5.4 Converting a joint to sole tenancy

When one tenant in a joint tenancy decides to no longer reside in the property, they may request for the tenancy of the property to be in the sole name of the remaining occupant.

It is not possible for a joint tenancy to be passed on by deed of assignment or deed of release except in the case where it is required by a Court Order. The change can only be made if the Council agree to create a new sole tenancy for the remaining tenant.

A feature of a joint tenancy is that it can be brought to an end by one of the joint tenants, acting unilaterally. There may be circumstances where one joint tenant does this with unfair consequences for the other joint tenant, for example following a relationship breakdown. In such circumstances the Council may agree to grant the other joint tenant a new sole tenancy of the property, or of another vacant property.

A joint tenant may terminate the tenancy by serving a valid notice to quit which will have the effect of ending the tenancy for both.

The Council can either:

• Take possession proceedings against anyone continuing to occupy the property
• Offer a new sole tenancy to the remaining occupier although it is not obliged to do so
• Offer appropriate alternative accommodation.

The Council may refuse requests for a sole tenancy in situations where:

• There has been a previous succession to the tenancy or an assignment to a potential successor.
• There are outstanding rent arrears.
• There is legal action being taken against the property including but not limited to, a notice seeking possession has been served, an injunction is in force, a possession claim has been issued; a suspended possession order is in force (this will not apply where the absent tenant was the sole cause of the breach).
• The house would become overcrowded or under occupied by one or more bedrooms (in this case the households need would be considered in line with the Council's Allocation Policy and an alternative appropriately sized property may be offered).
• The home was specifically adapted for the withdrawing/absent tenant (in this case an alternative home may be offered).
• The person is not eligible for social housing under the Council's Allocations Policy.
• The Council have previously taken enforcement action against the joint tenancy, or they are known to be anti-social or have engaged in criminal conduct.
• The remaining tenant is not able to afford the rent.

Discretion to grant a sole tenancy or to provide alternative accommodation lies with the Tenancy Services Manager in accordance with the Council Allocations Policy and applications will be determined on a case-by-case basis.

Where successful, a Notice to Quit from one of the joint tenants is required to terminate the existing joint tenancy. A replacement sole tenancy will be created for the remaining tenant with the same level of security of tenure as their current tenancy.

5.5 Relationship breakdown

If a tenant is experiencing a relationship breakdown most will need help to sort out what happens to their home and finances when their relationship ends. The law is very complicated, and every case is different. The Council recommends that tenants seek advice from a specialist adviser or solicitor to look into their situation to ensure tenants have considered their rights. Some specialist services are free, but tenants may have to pay:

• Solicitors' charges
• Court fees. Tenants may be eligible for help with these costs - the Gov.uk website has a Legal Aid Checker that can be useful to check eligibility, visit GOV.UK: Check if you can get legal aid (opens new window).

If the relationship ends, the options are likely to be:

• One person staying in the home while the other moves out.
• Both leaving and getting new places.
• Continuing to live together, but as separate households (i.e. not as a couple).

Discussing the issues and negotiating a mutual agreement may avoid a long and costly legal process. Mediation and/or relationship counselling can help but if tenants cannot agree they may have to go to court.

It is possible for a non-tenant occupier to obtain a court order in family or matrimonial proceedings to have a sole tenancy transferred into their name. It is also possible for a court to order that a joint tenancy should be transferred into a sole name. This can be under matrimonial or family law, or under the Children Act 1989. Where the court orders this, the Council will transfer the tenancy as ordered, unless the tenancy has already been brought to an end or will be brought to an end by a notice to terminate which was served before the court order.

Where a joint tenant or occupier is a victim of domestic abuse, the Council will offer advice and assistance and ensure referrals to partner agencies are made including (where appropriate) a Multi-Agency Risk Assessment Conference (MARAC) referral. For further information please refer to our Domestic Abuse Policy.

Upon recommendation from the Police, the Council will complete basic security enhancements such as new locks and installation of security lighting. If appropriate a referral will be made to "The Wiltshire Bobby Van Trust" who offer a free home security service.

Where a joint tenant or occupier is convicted by the courts of a domestic abuse related offence, the Council will encourage victims to serve a notice to quit on the property, ending the existing joint tenancy for both parties. During the notice period the Council will work with the victim to determine whether it is appropriate and safe for them to remain within the property and may:

• Issue a new sole tenancy of the property. If the perpetrator fails to vacate the property, then the Council will commence possession proceedings
• Issue a new sole tenancy of alternative, suitable accommodation
• Assist with the relocation of the victim where needed.

6.1 Where the tenant wishes to end the tenancy

Tenants may decide to end their tenancy at any time. To terminate a tenancy the tenant must give the Council four full weeks' notice in writing, starting from a Monday. A Notice to Quit or tenancy termination form should be completed - tenants are advised to contact the Council if they wish to terminate their tenancy.

6.2 Termination by someone other than the tenant

If notice is being given by someone who is not the tenant, the Council will need to see the original Power of Attorney or a Will showing the person signing the notice is named as either executor or administrator of the will and therefore has the legal authority to end the tenancy.

6.3 Process and tenant responsibilities

Once the Council receives the Tenancy Termination Notice, this starts the four-week notice period for the tenancy ending. All tenancies will end on a Monday. Tenants will be responsible for paying rent and all associated charges until the keys are returned.

When leaving, all tenants must give vacant possession which means that, the tenant must:

• Leave the property in a clean condition and in a good state of repair and decoration.
• Clear all their belongings, furniture, items in the loft, gardens and outbuildings and all rubbish; and
• Leave with no people or pets still living in the property.

If a tenant does not leave the property clean and clear, they will be charged for the cost of cleaning and clearing out the property. If the tenant passed away and the Next of Kin or Executor do not return the property as outlined above the Council will recharge the deceased Estate for costs incurred.

6.4 Where the Council wishes to end the tenancy

The Council seeks to support tenants in maintaining their tenancies but will take action to end tenancies in circumstances where:

• The tenant has breached their tenancy conditions
• The tenancy has been obtained fraudulently
• The Council needs the property for a redevelopment or regeneration scheme
• The tenant will be referred at the earliest opportunity to the Housing Options Team for advice and assistance

6.5 Where the tenant lacks mental capacity

It is not lawful to terminate a tenancy where the tenant lacks mental capacity. In these circumstances the tenancy can be terminated by:

• An attorney under a registered lasting power of attorney (LPA - property and affairs) or enduring power of attorney (EPA - property and affairs).
• A deputy (property and affairs) appointed by the court; or
• Someone else authorised to sign by the court
• Where these are not in place the Council will apply to the Court of Protection to terminate the tenancy. The court will require the following documents to make this decision
• An application form setting out the order or declaration required to end the tenancy
• A Mental Capacity Assessment and Care Act Assessment which should deal specifically with the tenant's capacity to terminate the tenancy
• A witness statement setting out the circumstances and that a Best Interests Assessment has been conducted, including consultation with close family members or people in close contact with the person.

The application to end the tenancy should request the court to make a single order or declaration that it is in the best interests for the tenancy to be terminated.

When the court has issued the application, all relevant persons need to be notified personally and they have 21 days to object or respond to the application.

Once the 21-day time limit expires, the court will issue a single order that deals with the termination of the tenancy.

This process is extremely involved and takes considerable time. During the process, the tenant is responsible for the property including all rent, council tax and utilities until the court provides the order to terminate the tenancy. This often results in the accrual of considerable expense and potential debt. If the tenant was in receipt of housing benefit, payments will stop at the date that they vacated the property and won't cover the rent between this date and the date that the tenancy is ended by the Court of Protection. For this reason, the Council encourage families to consider this prospect and take timely action in putting in place LPA / EPAs.

Please note, that deputies acting under an old-style short order or receivership order made before the MCA came into force, may not have enough authority to sign the agreement, and it may be necessary to apply for 'reappointment' with the full powers of a deputy.

6.6 Death of a Tenant

The tenancy does not end when the tenant dies, and the only people who can end it are:

• An Executor - this is someone named in a will as the person who will deal with everything owned by the deceased. The Council will require a copy of the relevant sections of the Will, giving proof that the person giving notice is the executor of the estate.
• An Administrator - this is someone who has applied to the Probate Registry and obtained Letters of Administration (sometimes called the Grant of Probate). The Council will require copies of the court documents appointing the administrator.
• A Next of Kin who is not the executor or administrator cannot end the tenancy.

If there is no Executor or Administrator to serve notice on behalf of the deceased, then the Council will serve a 28-day Notice to Quit upon the personal representatives of the late tenant at the property and send a copy of the Notice to Quit to 'The Office of the Public Trustee'. Rent will continue to be charged in all situations until the tenancy can be legally ended.

If the deceased was in receipt of housing benefit, payments will stop at the date of death and therefore won't cover the rent between the date of death and the tenancy ending. The Executor, Administrator or family members are not responsible for rent payments. The rent and any other charges will be made against the deceased's estate once the tenancy is ended.

Once we have vacant possession of the property, an inspection will be carried out. If there are any rent arrears or other monies owing, for example, recharges, these will pass to the deceased's estate. If the tenant left a Will, the Council will make a claim to the tenant's Executor.

The Council can be flexible on the termination notice period when ending the tenancy of a deceased tenant, but the minimum requirement is one week.

6.7 Belongings left in a property after tenancy terminated

When a tenant ends their tenancy, or a tenant has been evicted, they are required to give the property back to the Council empty of all rubbish, furniture and other belongings. Where this fails the Council will:

• Dispose of any rubbish or damaged goods and recharge the tenant for the costs incurred
• Remove any animals and place them with the RSPCA, animal shelter or rehome
• Store any other items left in the property. The Council will serve a notice under the provisions of section 41 of the Local Government (Miscellaneous Provisions) Act 1982,telling the tenant when they must collect their possessions. The Council will give the tenant at least one month to do this and will send the notice to the tenant's last known address or any forwarding address they have given to the Council, or in the absence of such an address, may affix it to the property. If the items are not collected, the Council will dispose of them and are entitled to charge the tenant its reasonable costs of disposal and storage.

6.8 Rent and use and occupation accounts

The Council charges tenants a weekly rent and, where applicable service charge, for occupying a Council property. Rent levels are set by the Council following guidelines set by statute and the Regulator of Social Housing. Rents are often changed on or around 1st April each year.

There may be circumstances where an occupier occupies a property as a trespasser or a licensee(a personal licence to occupy a property). In both cases the occupiers are not tenants and have no or limited security of tenure, making it easier for the Council to evict.

In such circumstances, the occupier does not pay rent but is liable to pay the Council a sum for use and occupation of the property which is normally equivalent to the rent that the Council would charge under a tenancy. The payment of such sums does not give the occupier any greater right to occupy, nor does it create a tenancy or prevent the Council from taking action to evict the occupiers.

Use and occupation charge accounts are set up in a number of cases, including:

• If the tenant has died, a notice to quit to end the tenancy has expired and the occupier has no right to succeed to the tenancy, or the property has not been cleared by the personal representatives or executors of the deceased tenant
• The occupier occupies a property when the tenant has served a notice to quit or otherwise surrendered the property
• For squatters
• Where a joint tenant has ended the tenancy leaving the other joint tenant in occupation. An occupier who is not a tenant may be able to obtain Housing Benefit or the housing element of Universal Credit even if they do not have a right to legally occupy the property.

When a joint tenant dies, the tenancy passes to the surviving joint tenant automatically, regardless of the relationship between the joint tenants. This is called survivorship and counts as one succession. There can be no further statutory succession.

When a sole secure tenant dies, another family member may be entitled to inherit their tenancy. This is known in legal terms as a Succession. There can only ever be one succession to a Council tenancy.

Under section 86A of the Housing Act 1985, a tenancy that started before 1 April 2012 can be succeeded by the following family members:

• Husband/Wife
• Civil Partner
• Unmarried Heterosexual Partner
• Same-sex partner
• Grandfather/Grandmother
• Father/Mother
• Brother/Sister
• Uncle/Aunt
• Nephew/Niece
• Son/Daughter.
• Stepson/Stepdaughter
• Adopted child
• Grandson/Granddaughter.

Where the successor is under 18 years of age a trustee will need to be agreed to hold the tenancy in trust for them until their 18th birthday.

For secure Council tenancies created after 1 April 2012, there is no right for a family member to succeed. In normal circumstances, the following members can succeed a tenancy after 1 April 2012:

• Husband/Wife
• Civil Partner (registered under the Civil Partnership Act 2004)
• Co-Habiting partner.

To succeed a tenancy, the Council will check:

• The date the tenancy started
• If the individual is one of the persons listed above
• Whether the deceased was using the home as their main or principal home up until the date of death for at least 12 consecutive months prior to the death
• The successor was also living at the property as their main or principal home during this period whilst married, in a civil partnership or co habiting partner.

The Council will not agree to a succession in the following situations:

• If the applicant is unable to prove that they are a family member or that they live/had lived at the address as their main or principal home for the previous 12 months
• If a tenancy has already been succeeded as it cannot be succeeded again. This also applies if there has been an assignment of the tenancy.

An eligible successor to a Council tenancy is granted a continuation of the existing tenancy, not a new one. For example, if they had an introductory or a demoted tenancy, it will remain introductory or demoted until the full trial or demotion period has passed.

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 they cannot agree, a management decision will be made as to whom the tenancy should pass to. There can be no joint succession.

Whilst a family member may succeed to a tenancy this does not mean they can automatically remain in the home. The Council will work with the successor tenant considering their individual circumstances and either allow continuation of the tenancy at the property they have resided in or offer a suitable alternative that meets their housing need. The Council will not allow successor tenants to remain where the successor is under occupying or the property is adapted for a disabled person.

In such circumstances the Council may look to rehouse the successor into a more suitable property. The successor would be able to secure alternative accommodation via Homes4Wiltshire and / or be considered for a direct let whereby the Council will make one reasonable and suitable offer of alternative accommodation. If the successor refuses to move voluntarily then the Council will commence possession proceedings by serving a notice on the successor between 6 and 12 months after the previous tenant's death.

The Council would not look to seek possession of a property for under occupation if the successor was the spouse or civil partner of the deceased tenant.

Statutory succession overrides any other claims to the tenancy, for example under the deceased tenant's Will.

Where persons were occupying the property prior to death and cannot succeed, the Council may issue possession proceedings to regain possession and evict the occupiers. The Council will serve Notice to Quit and will require the occupiers to pay use and occupation charges equivalent to rent from the date of the expiry of the notice to quit until possession is given up. The obligation to pay use and occupation charges does not give the occupier any greater right to occupy, nor does it create a tenancy or prevent the Council from taking action to evict the occupiers.

7.1 Granting of discretionary succession

There may be circumstances where the Council may consider granting a discretionary tenancy of the current property or an alternative property when no statutory succession right exists. This will be an introductory tenancy and will be let in accordance with the Council's Allocations policy. Each case will be considered on its merits. The Council may also consider a use and occupation licence for a short time to allow the occupant to find alternative accommodation.

The Council encourages the use of mutual exchange for tenants who wish to downsize, upsize or those who wish to move to another location. However, applicants must satisfy the Council's Allocation policy in terms of the size of the accommodation.

The Council promotes opportunities for exchange via a subscription to the "HomeSwapper" service. This service allows tenants of the Council to access, free of charge, a national register of tenants looking to mutually exchange. From this register tenants will potentially be able to identify matches in their area of choice.

Requests for a mutual exchange can be accepted from any public sector tenant who has a secure, flexible or an assured tenancy. The Council will not permit exchanges involving introductory or demoted tenants or tenants of private landlords.

It is the applicant's responsibility to view any property considered for exchange. This is crucial because when you exchange you are agreeing to take the property in its present condition, which may mean taking on responsibility for alterations that an existing tenant has carried out. Once you submit your exchange request, the Council will assume that you have already viewed each other's properties and that you are satisfied with the condition of the property and want to proceed with the exchange.

Once application forms for exchange have been received from all parties, the Council will:

• Scrutinise the application to ensure efficient use of the housing stock. Applications will not progress where the size of the accommodation exceeds the households needs as stated in the Council's Allocation policy
• Carry out an inspection of the applicant's current property including an electrical check and where applicable gas check. An inspection report including photographs will be sent to the incoming tenant; and
• Ask the tenant to sign a letter confirming acceptance of the new property and its current condition.

If the tenant is moving to a home owned by another landlord, the Council will provide a tenant reference and will request a reference for the incoming tenant.

An exchange can only happen once written permission has been given from all landlords. If for any reason, the exchange is not approved, the reasons for the refusal will be put in writing to the applicant.

The Council can only refuse to agree to an exchange on specified grounds in the legislation that governs mutual exchanges - either the Housing Act 1985 or the Localism Act 2011 (for further detail see Appendix 1).

Conditional consent can be given in cases where there are breaches of tenancy, such as rent arrears or poor condition / damage to the property. The exchange cannot proceed until the breach of tenancy has been remedied.

Where appropriate, the Council will have regard to household members that have a disability as defined by the Equality Act 2010. Properties that have been adapted for medical reasons will not be let to households that do not require the adaptations.

The Council will give or refuse consent within 42 days of the application to exchange being received.

The original rights granted in tenancy agreements can be lost during mutual exchange, for example there may be different rules about succession, rent levels and assignment. Tenants are advised to read tenancy agreements properly and take their own legal advice from a solicitor or specialist advisor before agreeing to an exchange.

The right to succession is personal to the individual tenant and this right transfers with the tenant when they move in a mutual exchange. So, for example a tenant who is a successor under the original tenancy remains a successor following the mutual exchange under their 'new' tenancy.

The Council will ensure that tenants who decide to mutually exchange are aware of any implications to their tenancy, such as:

• Any changes to their Secure or Assured status
• Any differences in the rules of succession
• Any change in rent level between Social Rent and Affordable Rent; and
• Any gain or loss of the Right to Buy.

An assignment is the legal way in which a tenancy can be passed from a tenant to someone else.

The Court can order the assignment of tenancy under matrimonial proceedings or civil partnership proceedings. A copy of the Court Order will be requested to evidence the assignment.

Secure tenants may have the right to assign their tenancy with the agreement of the landlord where:

• A succession to the tenancy has not previously taken place.
• An assignment of the tenancy (other than as a consequence of mutual exchange or by Court order) has not previously taken place and
• The proposed assignee would be eligible for housing under the Council's Housing Allocation policy and eligible to succeed to the tenancy on the death of the tenant.

Assignments use up the right of succession and a tenancy can only be a succession or assignment. If someone was granted their tenancy as a succession, they will not be able to carry out an assignment.

Where the Council receives an application to assign a tenancy and upon receipt of all required information, a decision will be made within a reasonable timescale.  The Council will only withhold consent on the following grounds:

• The existing tenant succeeded to the tenancy
• The tenancy was assigned to the existing tenant
• Legal action is in progress to recover possession of the property
• The person the tenant wished to assign the tenancy to is not a person who would be entitled to succeed to the tenancy, if the tenant died immediately before the assignment.

The Council will advise the tenant of the outcome in writing, where the Council provides consent the tenant and the assignee will be invited to sign the deed of assignment. The Council will advise the assignee of their rights and responsibilities as a secure tenant, the date the tenancy was commenced and the balance of the rent account.

Unauthorised assignments are a breach of tenancy and legal action will be taken to remove unlawful occupiers. Costs associated with this will be the tenant's liability.

The Council is committed to helping tenants to maintain their tenancy and offers a variety of ways to support tenants in achieving a successful tenancy. The Council aim to:

• Offer appropriate advice including financial inclusion and tenancy sustainment support either directly or by referral/signposting to external specialist agency
• Develop constructive partnerships with agencies that can assist with the provision of support and services to vulnerable residents
• Provide training for staff that equips them with the knowledge of support services available from other agencies and know how to access them
• Update and regularly review web services to ensure that there is clear, concise and easily accessible information for Council tenants on the points raised in this policy.

10.1 Tenancy Inspections

The Council will utilise tenancy inspections and neighbourhood reviews to engage with tenants to ensure that the Council are delivering a good quality service focussing on the quality of neighbourhoods.

Tenancy inspections are necessary to ensure tenants can live comfortably in their homes. The Council expect tenants to maintain their property in a reasonable condition at all times in accordance with their tenancy agreement. The Council will monitor to ensure that tenants keep to the terms of their tenancy agreement, taking appropriate action to resolve any breaches effectively.

During inspections particular attention will be paid to:

• Identify households who may require support or an intervention for example, hoarders
• Ensure the property and any gardens and outdoor space are in a good state of repair, and in a clean and tidy condition
• Ensure any outstanding repair or maintenance issues have been reported
• Ensure the property has not been damaged. Where malicious damage is evident, cases will be treated as a serious tenancy breach and the tenant(s) will be charged for any repairs or maintenance carried out as a result
• Identify where there have been any alterations, improvements or changes without consent
• Identify if any other tenancy condition appears to have been breached
• Identify if the property is being used unlawfully
• Ensure pets or livestock are not being kept without permission
• Identify changes to the household and update tenancy records
• Take photographs of tenancy holders to tackle tenancy fraud
• Pick up any neighbourhood issues
• Ensure that tenants are aware of the different ways of contacting us, promoting digital access and how they can be involved in tenant engagement activities.

If access is refused for a property inspection, the Council will follow its policy and procedures on access, which may result in court action against the tenant compelling them to give access or an eviction order.

10.2 Monitoring Introductory and Demoted Tenancies

All new Council tenancies will be introductory tenancies. The tenant will be monitored throughout the 12-month introductory or demoted tenancy.

Housing Officers will contact and visit introductory tenants throughout this 12-month period, specifically at 6 weeks and 6 months. At 6 months Housing Officers will complete a formal introductory tenancy review and assess whether the tenancy should be allowed to continue,extended, or terminated. This decision will take into account:

• Whether a tenant has paid their rent in full and on time
• Whether there have been reports of anti-social behaviour
• Whether there have been any breaches of tenancy.

10.3 Monitoring Secure Tenancies

To monitor secure tenancies, the Council will undertake a programme of tenancy inspections. All tenancies will be inspected at least once over a 5-year period, if issues or concerns are identified further inspections will take place at a frequency deemed necessary to resolve the issues.

The Council can inspect a Council home at any point. Tenants will be notified at least 24 hours in advance of a tenancy inspection-taking place.

The Council can carry out an unannounced tenancy inspection, in response to:

• Alleged damage to the property or significant disrepair
• Safeguarding concerns for the tenant; or any household members
• Suspected tenancy fraud.

Where tenancy breaches are identified the Council work with tenants to resolve them. If the tenant refuses to engage or amend their behaviour the Council will take enforcement action. The action will be proportionate to the circumstance, and the Council will always use the least severe measures to remedy the situation. Serious or persistent breaches will be escalated, and ultimately the Council will seek to obtain a possession order from the County Court.

The Council has a number of duties in respect of property maintenance and compliance. It is important that tenants are safe in their home and the Council is committed to ensuring its properties are safe and compliant. Tenants have a duty to provide access to the Council, its staff, agents and contractors in order to carry out its functions as a landlord. Tenants must allow Council employees, their contractors, agents or other statutory bodies to enter the property (at reasonable hours) if they have been given reasonable written notice (usually 24 hours). Examples include (but are not limited to):

• Carrying out maintenance, repairs or other works.
• Carrying out gas safety checks or electrical safety check.
• Inspecting the condition of the property.

Tenants must make sure the property is safe for anyone accessing it for any lawful reason, including gaining access to roofs and loft spaces. Animals must be kept under control at all times when visited by the Council's employees, contractors or agents. An adult (aged 18 and over) must be present for the appointment.

If reasonable access is refused, the Council may take action in the county court to force a tenant to provide access, or allow the Council to enter the property to carry out the necessary works. In an emergency, the Council is permitted to force access without notice being given. An emergency includes (but is not limited to) situations where:

• There is an imminent risk of physical harm to any person, or
• There is significant damage to the property, or
• The property is unoccupied and inadequately secured against unauthorised entry or vandalism.

Where an emergency has led to forced access, the Council will make good any damage caused when entering the property. The Council will secure the property against unauthorised entry.

However, the tenant may be liable for any costs incurred when access has been unreasonably refused or if the emergency is caused from the tenant's neglect of the property.

In most Council homes there will be a hatch providing access to the roof space or loft, these are for authorised use only by Council staff and contractors. Tenants are not permitted to access or store possessions in the roof space for several reasons including but not limited to the following:

Ceiling joists are not designed to bear additional weight and the storage of possessions in the roof space may affect structural integrity.

• Loft insulation can be compacted by stored items which reduces its thermal efficiency. This can result in heat loss through the roof leading to increased energy costs and could increase the risk of condensation and black mould
• Stored items could restrict or hamper the air flow in the roof space which could increase the risk of condensation and black mould
• Stored items could restrict access to water tanks or cables in an emergency and could be a fire risk
• Unauthorised access could result in unintentional damage, for example to ceilings, ductwork, pipework or electrical cabling.

We accept no liability if you use the loft space and cause damage to any services such as electric cables, water pipes, ducting, insulation or ceilings, or for any damage or loss that may be caused to personal items, personal injury to yourself, any member of your household or any visitors. All costs associated with repairing any such damage will be recharged to the tenant. In exceptional circumstances the Council will give permission to use the loft space but you need to obtain our written permission beforehand and conform to our specifications.

If possessions stored in roof spaces are discovered the Council will work with the tenant and agree a reasonable timescale for the removal of items. This may hamper potential repair works and the ability to upgrade loft insulation until the items are removed.

Hoarding behaviour can cause issues with property condition and/or create hazards in and around the home that may cause health and safety risks to the occupants, visitors to the property, surrounding residents or the fabric and condition of the property. Consequently, it is likely to breach conditions of the tenancy.

Hoarding is commonly defined as:

• The acquisition of, and failure to discard of, a large number of possessions that appear to be useless or of limited value
• Living conditions sufficiently cluttered so as to prevent activities for which those spaces were designed.

Hoarding is often recognised as the symptom of a mental health condition. Compulsive hoarding behaviour is often the manifestation of complex issues or conditions that a tenant may be experiencing.

Compulsive hoarding is highly complex and requires a collaborative and integrated approach. The Council adopt a co-ordinated multi agency approach to effectively deal with people who hoard, reducing duplication for both agencies and customers. The Council will take a non-judgemental approach which balances the needs of the individual against the severity of the impact that their hoarding has on them, the property and neighbouring residents.

When seeking to engage with cases of hoarding, the Council take into consideration safeguarding guidance (Care Act 2014), which sets out the duties for local authorities and outlines how partner organisations, should work in partnership to help protect vulnerable people from abuse or neglect.

A safeguarding referral to Children Services will be made where a child lives in a hoarded property. A safeguarding referral to Adult Services will be made where an adult lives in a hoarded property, and there is risk of harm, concerns around capacity or vulnerability.

The Council will always try to work with tenants where hoarding occurs, however immediate action will be taken where there is a fire or health and safety risk to the home or shared areas. The Council can take injunction and possession proceedings if a tenant's action is considered detrimental to the condition of the property, or a Health and Safety risk. However, the Council will endeavour to work with people and keep them in their homes.

The Council will recharge the tenant for damage caused to the property due to neglect or deliberate damage.

Some properties are let with individual gardens and others have use of communal gardens and spaces. Tenants are not permitted to make any alterations to communal gardens and are expected to act respectfully in them, refraining from behaviour which causes or is likely to cause a nuisance or annoyance to neighbours, visitors and others working in the neighbourhood. Dogs must be kept on leads and under control in communal areas and faeces immediately cleared up.

Where the property has its own garden, the tenant is responsible for keeping it in a tidy and acceptable condition as per the terms of their tenancy agreement. Where a tenant is unable to maintain their garden, they are expected to make suitable arrangements for the continued maintenance and upkeep. The garden area must be tidy and free from rubbish, pests, and animal waste or faeces. Trees are tenants responsibility, however they must not cut down or remove any trees without getting prior permission (unless they have planted it themselves). Tenants are responsible for fences. The Council will not intervene in disputes between neighbours regarding fences unless the complaint is about boundary encroachment.

Tenants must have the Council's written permission before they:

• Install decking or a conservatory, greenhouse, fence, wall, garage, drive, shed, patio,aviary, pigeon loft, fishpond, pool or other structure in their garden
• Remove, damage or destroy any trees
• Remove, alter or replace any fencing or boundary
• Plant trees.

The Council recognise that untidy gardens can affect the neighbourhood and not just those immediately adjacent to the property.

The Council will take enforcement action if:

• The material in an untidy garden is liable to decay, for example foodstuffs, faeces,nappies, dead animals; and it is causing a nuisance to neighbours (as per the Anti-Social Behaviour, Crime and Policing Act 2014); or there is evidence that it is attracting vermin such as rats or mice
• There is evidence of inert materials which are unsightly but are unlikely to be causing a statutory nuisance
• There is an accumulation of material that can make access to premises difficult and that may present a physical or fire risk to the occupants or those of adjoining properties.

In the scenarios above, the Council will ask a tenant to complete work to the garden within a reasonable timeframe. Consideration will be given to any vulnerabilities and these will be taken into account regarding timescales set for work. If necessary the Council will seek to explore legal remedies to encourage a tenant to bring their garden up to an acceptable standard including (but not limited to) Community Protection Warning/Notice, injunctions or possession proceedings.

In circumstances where the garden is below the threshold for enforcement action, the complainant will be encouraged to speak to their neighbour direct. The Council will facilitate mediation if both parties are happy to accept.

The Council recognises the potential benefits of keeping pets. Under the tenancy agreement, tenants are responsible for any pet kept by them and for any animals kept by those residing with them.

The Council will take action against tenants where it is proven that the pet has caused nuisance to local residents and / or damaged property, for example:

• Excessive noise
• Excessive smell
• Fouling in communal areas
• Aggressive behaviour
• Damage to structures and / or possessions.

Tenants must request written permission from the Council to keep any pet at the property. The Council consider granting permission for the following:

• Domesticated dogs
• Domesticated non-feral cats
• Domesticated rabbits
• Budgerigars and other small caged birds
• Fish in domestic aquariums and ponds (permission required for pond)
• Small caged animals such as guinea pigs, rabbits and hamsters
• Small caged non-poisonous, non-constricting reptiles, insect or amphibian
• Chickens (not cockerels), these are not permitted to be kept on communal land.

Permission will not be granted for the following:

• Dogs defined as dangerous under the Dangerous Dogs Act 1991
• Livestock such as horses, ponies, game birds or similar animals
• Animals that are defined as wild, dangerous, or poisonous under the Dangerous Wild Animals Act 1976
• Any other animal legally prohibited to be kept as pets.

The Council recognise that some properties are more appropriate for keeping certain types of pets than others. Therefore the Council reserves the right to make decisions on each case on merit. Such decisions will not create precedents.

The Council must be satisfied that:

• The number of pets is not greater than can be managed by the tenant or reasonable for the environment
• The pet is considered suitable for the property
• Permission is not required for registered assistance dogs, but the Council will require evidence to support the need for a service dog.

The Council expects tenants to meet the following conditions:

• Make a request for permission in writing to the Council. When a tenant acquires a pet without being granted permission from the Council, they will be required to find an alternative permanent home for the animal if there is reason why permission would not be granted, such as being an animal outside the list of acceptable pets described above
• Keep pets under control and not allow them to behave in an intimidating, aggressive or dangerous manner to anyone else. This includes being kept on a lead in communal areas
• Control pets when Council employees or contractors attend a property, this includes putting dogs/cats in a different room and for caged animals and birds to be returned to their cages for the duration of the visit
• Pet access flaps must not be installed without the prior consent of the Council as these can compromise the fire safety and security of a property. Pet access flaps will not be permitted in fire doors including those in communal areas. Where permission is granted, the door / window must be reinstated as it was originally at the end of tenancy
• The pet must be properly house-trained (if applicable) and must not be allowed to foul communal areas, inside and outside. If any incident of fouling occurs the owner must clean it up and disinfect the area immediately. The owner will be responsible for the cost of cleaning the fouled surface if they fail to do so
• Cats and Dogs must be registered with a local vet and be micro-chipped
• Dogs must wear a collar with a contact tag at all times other than when inside the property
• Ensure that their pets and property are free from fleas, ticks or other pests that could be transferred within the property. Where there is an infestation of fleas or other pests, it will be the tenant's responsibility to treat
• Not to keep any breed of dangerous dog as per section 1(1) of the Dangerous Dogs Act
• 1991 or keep any illegal breed of animal as per Dangerous Wild Animals Act 1976 or similar. In the cases of rare and exotic creatures, relevant licences must be obtained and shown to our satisfaction. The Council must be satisfied of the proper security of the animal
• Not to breed animals at the property
• Not to tether any livestock on any Council land
• Not to build any animal enclosures without permission
• Not to carry out acts of cruelty to animals - cases will be reported to the RSPCA and/or the Police. Anyone found guilty of mistreating or neglecting a pet will be denied permission to keep pets in the future
• Pets must not cause damage to property owned by the Council, including communal areas. Tenants may be recharged for any repairs which are required because of damage
• Tenants are responsible to ensure that friends and relatives visiting the tenant with their pets comply with this policy.

If a pet owner breaks any of the conditions set out in this policy, the Council will work with the tenant and provide a reasonable period of time to remedy the breach. If necessary, the Council will withdraw permission implied by the tenancy agreement or expressly given and will take appropriate legal action.

Tenants are required to ensure that they do not do anything in the property which causes or encourages infestations of bed bugs, cockroaches or other insects or rodents. Excess food must not be thrown out of windows, balconies, into gardens, or communal areas for birds or other animals, and food waste must be properly disposed of in rubbish bins and not left open in the property.
The Council will treat the following infestations:

• Rats and mice within the property or communal areas. (Tenants will be charged for the costs involved if the infestation is due to their action or lack of)
• Wasp nests attached to the property or inside the property
• Fleas, bedbugs or cockroaches reported within the first four weeks of the tenancy.

Tenants are responsible for the following infestations:

• Ants, beetles, spiders, woodlice in their home
• Bees - the British Beekeeper Association (opens new window) will advise on a beekeeper that can collect them
• Flea, bedbugs or cockroaches reported after the first four weeks of the tenancy.

Tenants must not run a business from their properties without obtaining prior written permission from the Council. Permission is discretionary and may be conditional. Permission can be revoked at any time and for any reason, but reasons for refusing permission or revoking permission can include:

• The business not being suitable for a residential area
• The business activity is likely to amount to or lead to a breach of other terms of the tenancy
• The business causes or is likely to cause a nuisance or annoyance to anyone living, working or visiting the neighbourhood of the property
• The business causes or is likely to cause excess wear and tear or damage to the property or its fixtures and fittings
• Issues with tenancy conduct.

If permission is granted, the tenant will still need to check with the Council's planning department to see if any additional consents are needed, and permission by the Council as landlord does not amount to permission on behalf of any other department of the Council nor imply that such permission will be forthcoming.

The Council will not give permission for the property to be used as a B&B, Airbnb or holiday let. Such instances will be treated as tenancy fraud. Where a business is run from a property without consent, the Council may take steps to stop such activity, for example seeking an order from the court to prevent the business activities or taking steps to end the tenancy.

18. Changes to a household

Tenants are responsible for telling the Council of any changes to their household. This includes people moving in, people moving out, or the number of children in the property. If a tenant marries or changes their name, the Council will require evidence of this before updating a tenancy record.
The following documents would be accepted as evidence:

• Passport / Driving licence / Birth certificate.
• Certificate of marriage, civil partnership or divorce/dissolution.
• Confirm of name change by Deed Poll.

Tenants should advise the Council of changes to contact details or vulnerabilities. A tenant should not move persons into their home if it results in overcrowding.

19. Lodgers and subletting

The Council recognise that there will be situations where a tenant may wish to rent out a room in their home in which case the new occupier will be referred to as a lodger.  Taking in a lodger may help meet a local housing need and reduce a tenants financial commitment for under-occupying a property.

Taking in a lodger is not allowed in Sheltered or extra-care accommodation.

Under the terms of the tenancy agreements, tenants may not sub-let their whole property and must use it as their principle home.

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 remains unaffected.  When the tenant ends the tenancy by giving Notice To Quit, lodging arrangements granted by the tenant end at the same time as the tenancy.

In some instance's accommodation may, due to family circumstances become too small or too large for the households needs.

The Council recognise that there is a limited supply of larger homes and that these homes can become under-occupied as children grow up and move on. The Council want to support tenants to move when their homes no longer meet their needs, to free-up these larger homes for families living in overcrowded or temporary accommodation.

Where a tenants needs are not met by the current accommodation, the Council will work with the tenant, if they wish to be rehoused. To find the most suitable housing option available to them tenants are advised to:

• Apply to the Council's housing register. Provided they are eligible they will be awarded a priority for downsizing in accordance with the Council's Allocations Policy, and they will be able to apply for more suitable accommodation on Homes4Wiltshire (opens new window)
• In addition the Council will encourage tenants to register on the Home Swapper scheme (opens new window) website (free of charge) and explore opportunities in other settings, such as social media.

The Council will also inform prospective tenants of the potential financial impact of running a home which is larger than their need and potential impact that this may have on any benefit entitlement.

The Council will use profiling data to identify those that are under / over occupying and work with the tenant(s) in exploring alternative accommodation options.

There may be occasions when a tenant and their household have to vacate their property temporarily to enable emergency or major repair works to take place. For example, following a fire, flood or other disaster affecting the home or where unplanned major repairs are needed where it is unreasonable or unsafe for tenants to remain in the home.

Wherever possible the Council will carry out works around tenants with the minimum of disruption but where this is not possible, for example due to extensive or dangerous repairs the tenant and household will be provided with temporary accommodation.

The necessity to move tenants to temporary accommodation broadly fall under four categories:

• Unplanned Temporary (emergency)
• Unplanned Temporary (non-emergency)
• Unplanned - Permanent
• Planned - Temporary.

Unplanned Emergency Temporary Decants

Where an unplanned event occurs (for example a fire, flood, storm damage or major leak) that results in a tenant having to be moved immediately because the property is unsafe or uninhabitable, temporary accommodation will be arranged until the situation can be fully assessed.

The following options may be considered and will depend on the availability and suitability of accommodation and the relative costs:

• Tenant staying with family or friends
• Bed and breakfast, hotel or hostel accommodation
• Guest rooms.

Staying with family and friends is the preferred option, and an allowance of £25 per day per household will be paid to the tenant to compensate their relative or friend for the inconvenience and additional costs. If the family or friends are not in the local area, the Council will also consider paying reasonable travel costs for the tenant to stay with them. The £25 sum is payable per night and is intended to cover food, drink and the accommodation.

Where Bed and Breakfast, hotel or guest room accommodation is used the Council will meet the accommodation costs, these will be paid directly. We will not pay for bar bills, phone calls, room service, etc.

Out of hours

If the situation occurs out of office hours and the tenant cannot go to family or friends, the Out of Hours Officer or other staff member will contact the Council's Emergency Duty Service who will arrange one night's hotel accommodation (or up to three nights if it occurs during a Friday evening).

Following the incident a full assessment will be made, once a full assessment has been made and the Council are aware of the extent of remedial works the Council will either manage the case as an unplanned non-emergency temporary decant, for example due to flooding, or where the incident is more severe it will be managed as an unplanned permanent decant, for example after a major fire where the property would have to be demolished a permanent decant will be offered.

Unplanned Temporary Decants (non-emergency)

Where unplanned repair work is required that cannot be carried out with the resident in situ but does not require the resident to leave immediately, temporary alternative accommodation will be arranged when the work is to be done. Consideration will be given to the likely time to complete the repair, the availability of suitable accommodation and the relative costs of each option. For these decants, the following principles apply:

• The move only lasts as long as it takes to complete the repair works
• The tenant remains a tenant of their original home at all times
• The temporary home is let on a licence tenancy, and the tenant has no right to remain in the property, once the licence has ended.

Where a tenant has been temporarily decanted, they will remain liable for the rent and service charge at their permanent home.

Unplanned Permanent Decants

A permanent decant may be required where the damage is so extensive that permanent rehousing is necessary e.g. a major fire. A permanent decant will also be considered where the work is expected to take a long time i.e. more than 6 months and the tenant would prefer to move permanently. In this situation, they must have an existing housing need for the size of the decant property, and suitable alternative accommodation is available so that the necessary repair works are not unreasonably delayed.

Planned Temporary Decants

A planned temporary decant may be required where works such as damp proofing, structural works or asbestos removal are to be carried out. It will usually impact a number of properties and be part of a programme of works. The work may leave the resident without basic facilities for a period of time, or there could be a health and safety implication that requires the resident to be decanted. In all such cases the resident will be able to return on completion of the works. For these decants, the following principles apply:

• Where the tenant is to be decanted for longer than four weeks, the Council will use a Council void property for the temporary accommodation wherever possible
• The move only lasts as long as it takes to complete the repair or improvement works
• At all times the tenant remains a tenant of their original home
• The temporary home is let on a Licence agreement, and the tenant has no right to remain in the decant property once the Licence agreement has ended
• The tenant will usually only be made one offer of temporary suitable alternative accommodation
• If the tenant wishes to remain permanently in the temporary decant accommodation, at their discretion, the Tenancy Services Manager may approve such a request. The permanent move would need to address an existing housing need such as, overcrowding and there must not be any breaches of tenancy (including rent arrears). The move would need to be in accordance with the Council's Allocation Policy.

Regardless of the circumstances where a tenant and their household are required to move out temporarily, the Council will work with affected tenants throughout the event, explaining the nature of the works and the likely timescales. The Council will take account of the household details and any special requirements, such as adaptations for disability, the Council will seek to provide suitable alternative accommodation for the duration of the works.

For temporary decants the Council will meet reasonable expenses but statutory home loss compensation and disturbance payments are not payable. Tenants housed temporarily will retain their secure tenancy rights.
During the decant period the Council will request that the tenant does not return to their home until the Council confirms the works are completed and/or the property is safe. In the majority of cases, the locks will be changed temporarily until the tenant can return to their home.

Assistance with re-housing will only apply to:

• Secure/joint tenant of the Council and their household members, including adult relatives originally housed with the tenant by the Council
• An Introductory Tenant and permanent members of their household originally housed with the tenant by the Council
• Long-term, co-habiting partner of the tenant
• Dependent children who normally reside with the tenant on a permanent basis.

Tenants may need to provide documents to support the length of residency of some household members.

The Council will not re-house unauthorised occupants, sub-tenants, lodgers, licensees and other non-secure occupants. Nor will we rehouse any Council tenant who has been issued with an outright possession order, by a court, for a breach of their tenancy conditions.

Responsibility for housing decanted tenants lies with the Council, though this does not prevent re-housing into another landlords' property where this meets residents' needs and is agreed by them.

22. Personal property and insurance

The Council is obliged to hold buildings insurance for its tenanted properties but does not obtain insurance which covers the tenant's contents of properties. Tenants should obtain insurance covering all their personal belongings and the decorations of the property.

Tenants are required to sign to confirm their understanding of this requirement at the point of the tenancy commencing. The Council work with Aon who provide a very competitive tenant insurance package. The availability of this product is communicated to tenants regularly at tenancy sign up, during home visits, via tenant newsletters and our website.

The Council will not be responsible for loss or damage to any personal property unless the damage or loss is caused by the Council's own negligence - see the Compensation Policy for further information.

23. Social housing fraud

The Council's approach to fraud prevention is to comply with the Regulatory Framework and take action to prevent fraud by ensuring that our housing stock is only occupied by those with a legal right to be in residence.

The Council will investigate all reports of suspected tenancy fraud using all the enforcement tools available including civil and criminal remedies and the repossession of the property where tenancy fraud is proven. The Council will actively pursue any potential tenancy fraud in cases including:

• Sub-letting without permission from the Council
• Unauthorised assignment (including by mutual exchange)
• Wrongly claimed succession
• Right-to-buy fraud
• Obtaining a tenancy by false statement or knowingly withholding relevant information; and not using the property as an only or principal home
• In the case of successful criminal or civil action, the Council may actively publicise the result in order to deter further tenancy fraud.

Regardless of the type of tenancy offered photographs will be taken at tenancy sign up of all tenancy holders and added to our housing management system to tackle tenancy fraud.

It is a requirement of a tenancy that the tenant occupies their property as their main or principal home. The Council recognise the impact that empty properties can have on the community and therefore actively encourage staff, contractors, tenants, and others to report if they suspect a property has been abandoned. Through investigating reports of abandonment, the Council can reduce the loss of rental income and the risk of disrepair and vandalism. The Council can also ensure that it is making the best use of its housing stock.

Temporary absence from the property is permissible providing that the tenant intends to return. Tenants are required to inform the Council if they intend to be absent from the property for more than six weeks. A tenant may have genuine reasons for being away from their home for a period, including periods of ill health, the need to care for another person or a period spent in custody.

The Council considers a home to be abandoned when it appears to have been left intentionally and permanently without notification, and the occupier has no intention to return and there are no other occupants living at the address.

Where a tenant has been absent for longer than 6 weeks without notification, the Council will thoroughly investigate to ensure that tenants' rights are safeguarded, and the Council is protected from legal action. To investigate the Council will:

• Attempt to contact the tenant in person, telephone or email allowing 6 weeks for a response
• Visit the property to evidence signs of abandonment
• Contact neighbours to determine when the tenant was last seen
• Check payments made to the rent account, where applicable contact Housing Benefit and Council Tax to see if there have been any reports of a change in the tenants circumstances
• Check when the last repair was reported or carried out
• Contact the next of kin or any other contacts we have available
• Contact organisations and agencies including Hospitals, Police and the Probation Service, GP, Utility Companies, Adult Social Care.

After thorough investigation, if the Council has reasonable grounds to believe that the property has been abandoned and the tenants are no longer occupying it as their main or principal home, a seven-day warning letter will be left at the property. This letter will advise that the Council believe the property has been abandoned and request the tenant to contact the Council within seven days.

When the seven days have elapsed and the Council has satisfied itself that the property has been abandoned, the Council will seek to terminate the tenancy by service of a Notice to Quit. If the Council have reason to believe the property is in danger of vandalism, gas safety or water penetration, the Council may force entry to the property to make it secure.

The Notice to Quit will be served by hand to the property and via email (where an email address is held). In addition, it will be served on the tenant directly if their whereabouts are known. The Notice to Quit will state that it is the Council's belief that the property has been abandoned, and that possession proceedings will commence on expiry of the Notice to Quit, 28 days after service.

Upon expiry of the Notice to Quit and if the tenant has failed to contact the Council to confirm they wish to reclaim occupancy, and the Council can satisfy itself that the property has been abandoned, the Council will arrange for controlled entry into the property to undertake evidence gathering. If the Council can establish the property has been largely emptied of furniture and effects, possession of the property will be taken to terminate the tenancy.

If there is any doubt, or lack of strong evidence that the tenant does not intend to return to the property as their only or principal home, the Council will seek a court order to take possession of the property. Whilst this adds time and cost, it limits any potential legal case a tenant may otherwise be able to bring against the Council. The court is likely to grant a possession order where it is satisfied that all reasonable steps were taken to contact the tenant.

When possession of the property is undertaken, the Council will photograph any possessions left in the property. All possessions found at the property deemed as a Health and Safety risk or perishable will be disposed of. The Council will serve notice under Section 41 of the Miscellaneous Goods Act 1982 giving the tenant 28 days to contact the Council and collect their possessions.

The Council will either dispose or sell unclaimed possessions after 28 days. All proceeds from the sale of possession will cover the cost of removal and storage, and any other costs arising from the abandonment of the property.

The Council will endeavour to recover any outstanding rent arrears or rechargeable costs arising from the tenant's departure from the property.

25. Vulnerable households

The Council aims to ensure that all its tenants can access it services and fulfil the obligations of their tenancy agreement. The Council recognise that some tenants may have care or support needs and therefore will require additional support to do so.

The Council recognises that an individual can be vulnerable for several reasons including but not limited to;

• Families with children under 18 and pregnant women
• 16-17 year olds
• Households experiencing domestic violence, abuse or severe harassment
• Households experiencing anti-social behaviour
• People with mental health problems
• Older people
• People with a physical disability
• People with a learning difficulty
• People with alcohol or substance misuse problems
• People with sensory impairment
• Asylum seekers or refugees
• Former rough sleepers
• Former service personnel
• People whose first language is not English
• Ex-offenders
• People who lack capacity to make decisions for themselves (under the Mental Health Capacity Act 2005)

The Council recognise some individuals may be vulnerable and require permanent support, but that others may be vulnerable because of a single problem and therefore only require support for a temporary period. To ensure the needs of tenants are being met the Council will record any vulnerability or communication needs at the start of the tenancy and will conduct regular tenancy checks throughout the tenancy to keep records up to date. When a vulnerable tenant is identified, the Council will adopt a multi-agency approach and refer the tenant to appropriate support services if required. Examples of services that may be used for a referral or signposting to are shown below;

• Adult Social Care including Occupational Health
• Childrens Services
• Tenancy Sustainment Services
• Mental Health Services
• GP
• Substance misuse services
• Domestic abuse service
• Advocacy services.

The Council communicates with its tenants using a variety of methods, including, telephone, text,email, face to face contact and iHousing portal. Through obtaining information on tenant's support or care needs the Council can tailor the way in which a service is delivered to the tenant, this can include;

• Regular communication including telephone calls, home visits, emails
• Providing documentation in other formats, including other languages, braille, large print
• Providing face to face and telephone language interpretation
• Authorising a nominated person to contact on the tenant's behalf
• Prioritising repairs for tenants with certain health/vulnerability issues
• Being aware that a tenant may take longer to answer the telephone or door.

As part of their role, all staff members are responsible for identifying and reporting any vulnerability concerns. All concerns are recorded and allocated to the relevant officer to investigate and act accordingly.

26. Safeguarding

The Council is committed to safeguarding its community, so it is a safe place for all to live in. The aim is to prevent abuse and neglect wherever possible, whilst promoting an approach that focuses on improving life for all concerned.

It's not always obvious to tell when someone is being abused or neglected. There may be specific signs or instinct may tell you something is wrong. Abuse is never acceptable in any circumstance, and everyone has the right to be safe. Safeguarding is everyone's business.

The Council works in partnership with others and aims to make sure that those using its services are listened to and protected from abuse and neglect. Officers have regular training on Safeguarding, Modern Day Slavery and Domestic Abuse and report all incidents or concerns they have relating to the wellbeing of an individual.

Housing Officers follow the Council's corporate policy and procedure on safeguarding. Officers attend and refer into multi-agency meetings including but not limited to the following:

• Team Around the Child meetings
• Child Protection meetings
• Vulnerable Adult Panel
• Anti-Social Behaviour Risk Assessment Conference
• Multi Agency Risk Assessment Conference (for Domestic Abuse Cases)
• Multi Agency Public Protection Arrangement (to assess and manage the risk posed by sexual or violent offenders).

27. Equality and Diversity

The Council is committed to fairness and equality for all regardless of their colour, race, ethnicity,nationality, gender, sexual orientation, marital status, disability, age, religion or belief, family circumstances or offending history. The Council aim to ensure that our policies and procedures do not create an unfair disadvantage for anyone, either directly or indirectly.

28. Complaints

The Council aims to meet the needs of its customers by providing an excellent service. However, it is acknowledged that occasionally things go wrong, and customers may wish to complain. Should the need arise to make a complaint, please refer to the Council Complaints Procedure 'Complaints, compliments and suggestions' for further information.

29. Policy exceptions

In exceptional circumstances, the Council may consider variations to this policy where the law allows. The variation will depend upon the individual situation, any exceptional circumstances, the evidence available and due and diligent process. The decision and reasons for the decision will be recorded.