Issue - items at meetings - Tenancy policies

Report of Executive Director of Environment, Development & Housing (copy attached).

40.1    The Committee considered the report of the Executive Director  Environment, Development and Housing which explained that the council was required under the Localism Act 2011 and the current Homes & Community Agency (HCA) regulatory framework for social housing, to publish a Tenancy Policy.  The draft Tenancy Policy was attached as appendix 1.  The Tenancy Policy had been produced in line with the council’s Tenancy Strategy 2013 which was approved at Housing Committee on 6 March 2013.   The report was presented by the Head of Tenancy Services. 

40.2    The Head of Tenancy Services informed Members of an amendment to the Tenancy Policy on page 63 of the agenda.  This was on Appendix 1 – Discretionary Succession Policy – Criteria.  The second sentence of i) should read ‘Electoral registration and registration for benefits or as a tax payer from the address will be required, as will evidence that they were the family member of the deceased’. 

40.3    Councillor Daniel referred to paragraph 10 – Exceptional Circumstances in the Tenancy Policy.  She asked for an indication of what that meant and how it would be scrutinised.  The Head of Tenancy Services replied that one example would be the case of a long term foster child.  The foster parents would not legally be the parents. There would be an audit trail of decisions made.   

40.4    Councillor Meadows stated that the succession issue occupied much of her case work.  Councillor Meadows stressed that there was much confusion about the succession rules.  She understood that no-one had succession rights except partners. 

40.5    The Head of Housing Services explained that prior to 1 April 2012, the law allowed for one statutory succession to either a partner, or any member of the family living with the tenant for the last 12 months.  The law now stated that only the partner had succession rights. 

40.6    Councillor Wilson asked for clarity about introductory tenancies.  She asked what happened to a partner if the tenant passed away after 11 months of a 12 month introductory tenancy.  The Head of Tenancy Services replied that the partner could still succeed. She referred to page 60 of the agenda.    The Head of Housing Services stated that a partner did not need to have been living at the property for 12 months.  They needed to be living at the property at the time of death.         

40.7    RESOLVED – (1)    That the draft Tenancy Policy be approved.

(2)  That it is agreed that the tenancy agreement for new tenants is amended with effect from 1 January 2015 to reflect the proposed new succession rules for new tenants and discretionary succession outlined in the report.