Agenda item - Revised Tenancy Agreement

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Agenda item

Revised Tenancy Agreement

Report of Executive Director Neighbourhoods, Communities & Housing (copy attached).

 

Decision:

(1)      That the results of the consultation exercise as detailed in Appendix 1 be noted.

 

(2)      That the summary of the proposed changes as detailed in Appendix 3 be noted.

 

(3)      That Housing & New Homes Committee agrees to the implementation in January 2018 of the revised Tenancy Agreement, attached at Appendix 2.

 

 

Minutes:

26.1   The Committee considered a report of the Executive Director, Neighbourhoods, Communities & Housing which presented the results of the statutory consultation carried out with all current council tenants on the adoption of a revised tenancy agreement for tenants living in council housing. It also presented an amended draft of the revised tenancy agreement as a result of comments received during the consultation. The report was presented by the Tenancy Services Operational Manager and the Head of Tenancy Services.

 

26.2   In answer to a question put by Councillor Druitt, in relation to Appendix 3, Section 7, Clause 7.A, it was confirmed that the wording of Clause 7A was primary legislation. This was not something the council could override. Each case would be considered on a case by case basis on its merits and the law was followed in every case. More detail was contained in the Draft Tenants’ Handbook.  People would not be forced to move in most cases; however some cases involved victims of domestic abuse.  

 

26.3   Councillor Yates asked how the agreement would be enforced and monitored. It was explained that there was a need to be proportionate in the action taken by the council. Decisions would be based on proportionality. 

26.4   Councillor Mears expressed concern regarding mutual exchanges in relation to the tenancy agreement.  She was aware of homes that had been trashed and tenants allowed to move on. It was explained that mutual exchange was an agreement between two tenants and the council could not legally stop exchanges; however, officers did carry out inspections of properties to ensure that they were safe. If repairs were required the council would carry out the work and re-charge. Councillors and tenants should let officers know of any breaches. 

26.5   Councillor Barnett referred to Appendix 3, page 112, 3j (2.5 - Your Rights) in relation to permission being required to carry out improvements or alterations. She was aware of people gutting a home before they moved in. How could the council intervene to say this is not acceptable? It was explained that a surveyor would be sent to the property and the person would be instructed to stop the work. Officers would be interested to have details of the particular case mentioned. The cost of works would be recharged. If tenants continued to carry out unauthorised work it would be charged to their rent account. This was more difficult if they were former tenants.

26.6   Councillor Janio referred to page 118, 7.0 (5.9 – Discretionary succession). He asked about rules on succession. It was explained that there was one right to a legal succession to a council tenancy. Before the Localism Act 2012 it was spouses or civil partners and any family member. After 2012 it reduced to spouses, civil partners/partners living in the property but no family members.

26.7   RESOLVED:-

 

(1)      That the results of the consultation exercise as detailed in Appendix 1 be noted.

 

(2)      That the summary of the proposed changes as detailed in Appendix 3 be noted.

 

(3)      That Housing & New Homes Committee agrees to the implementation in January 2018 of the revised Tenancy Agreement, attached at Appendix 2.

 

 

Supporting documents:

 


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