Tenancy Management Policy May 2024

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.