Tenancy Management Policy May 2024

27. Equality and Diversity, 28. Complaints and 29 Policy exceptions

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.

Appendix 1 - Grounds for refusing consent to a mutual exchange
Schedule 3 of the Housing Act 1985	Schedule 14 of the Localism Act 2011	Reason	Grounds for refusing consent to exchange
n/a	Ground 1	Rent arrears	When any rent lawfully due from a tenant under one of the existing tenancies has not been paid.
n/a	Ground 2	Breach of tenancy	When an obligation under one of the existing tenancies has been broken or not performed.
Ground 1	Ground 3	Possession order	A court order for possession or a suspended possession order has been made for either property.
Ground 2	Ground 4 and 5	NOSP served, or possession proceedings have commenced for secure tenancy under grounds 1-6.	The Landlord has served a notice of seeking and the notice is still in force, or possession proceedings have commenced.
Additional Ground (Housing Act 2004)	Ground 6	N/A	See 'Additional Ground', Ground 6 at the bottom of this table
Ground 3	Ground 7	Under occupation	The property is substantially larger than reasonably needed by the proposed assignee.
Ground 4	Ground 8	Suitability	The property is not reasonably suitable to the needs of the proposed assignee and their household.
Ground 5	Ground 9	The property is part of a building that is used for accommodation other than housing accommodation and the property has been part of employment.	The property is part of or close to a building that is held for non-housing purposes, or is situated in a cemetery and was let in connection to employment with the landlord or with the local authority, a new town corporation, housing action trust, an urban development corporation, or the governors of a grant-aided school.
Ground 6	Ground 10	Conflict of charity objectives.	The landlord is a charity and the proposed assignee's occupation of the would conflict with the objectives of the charity.
Ground 7	Ground 11	Adapted property.	The property has been substantially adapted for the occupation by a physically disabled person, and if the assignment went ahead a physically disabled person would not be living there.
Ground 8	Ground 12	Property is let for those with special needs.	The landlord lets properties to people in difficult circumstances (other than merely financial circumstances) and the proposed assignee would not fulfil these criteria.
Ground 9	Ground 13	Property is let for those with special needs and the support provision is provided in close proximity to the property.	The property is let to people with special needs and there is a social service or special facility nearby to the properties to assist people with those special needs, and if the assignment goes ahead no person with those special needs would be living there.
Ground 10	Ground 14	Property is subject to a management agreement.	The dwelling is the subject of a management agreement where the manager is a housing association of which at least half of the members are tenants subject to the agreement and at least half the tenants of the dwellings are members of the association, and also that the proposed assignee is not such a member nor is willing to become one.
Additional Ground (Housing Act 2004)	Ground 6	N/A	An injunction order under section 153 of the Housing Act 1996 or an anti-social behaviour order or a Demotion Order or a possession order under Ground 2 for secure tenancies or Ground 14 for assured tenancies is in force or an application for one of those is pending either against the tenant, or the proposed assignee or a person who resides with either of them.
Additional Ground (Housing Act 2004)	Ground 6	Apply conditions to the Exchange.	For example, clear rent arrears before exchange takes place.
Additional Ground (Housing Act 2004)	Ground 6	Exceptional Circumstances	Exceptional circumstances where it would not be reasonable to consent to the exchange.