Tenancy Management Policy May 2024

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.