Decision details

As a result of the Localism Act 2011 which gives Local Authorities the power to fixed term tenancies to new social tenants, the Council’s preference was for lifetime tenancies, to promote settled communities. However, it was felt that fixed term tenancies could be offered for properties with 4 or more bedrooms, properties with significant adaptations, for move on accommodation and specific one off properties. The Policy would only apply to new tenancies made available from April 2014.

 

Decision of Executive Councillor for Housing

 

 i.        Approved the Tenancy Policy.

 

ii.        Approved the use of fixed term tenancies from April 2014 for:

 

a) properties with 4 or more bedrooms – 5 years

     b) significantly adapted disabled properties – 5 years

c) move on accommodation – 3 years

d) one off properties – 5 years.

 

iii. Approved the deletion of ii(b) of the Officer recommendation (above). Subject to the condition that a detailed report would be presented at a future meeting on the detail and clarification of how significantly adapted disabled properties on fixed term tenancies would work in practice.

 

Reason for the Decision

As set out in the Officer’s report.

 

Any Alternative Options Considered and Rejected

Not applicable.

 

Scrutiny Considerations

The Committee received a report from the Area Housing Manager.

 

The Committee made the following comments in response to the report:

 

       i.          Expressed concern at the inclusion of significantly adapted disabled properties for new tenants to be reviewed after five years.

     ii.          Questioned why the existing policy for significantly adapted disabled properties could not be continued for new tenants, as it was highly unlikely that the needs of the tenant would change.

   iii.          Asked for confirmation that in terms of secure tenancy of four bed properties (of which there is a short supply) would the tenant have a right to buy and would this apply to significantly adapted disabled properties.

   iv.          Expressed caution that if a significantly adapted disabled property had been tailored to meet the need of a young person who then went on to independent living not to assume the property would no longer be required. If the family were allocated to a different property this would leave no route back to the family home for visits, holidays, respite care or if that young person could no longer live independently after a period of time.

    v.          Requested further information on the term ‘one off properties’ as the definition was vague and could be interpreted in a number of ways.

   vi.          Asked what was the objective for ‘one off properties’ and the nature of the letting.

 vii.          Questioned if money had been spent on specially adapting a four bed property (of which there was a short supply), and that property was no longer required after five years, how would that property be considered either as a four bed or a significantly adapted disabled property.

viii.          Stated that further details were required as to what was deemed as a significantly adapted disabled property.

   ix.          Raised the question that if a tenant of a fixed term tenancy was required to find a replacement property during the sixth month review period, what would happen to the tenant when the tenancy expired. 

    x.          Asked if the tenant under the new fixed term five year policy would have the right to buy.

 

In response to Members’ questions the Executive Councillor for Housing and Officers confirmed the following:

 

       i.          New tenants applying for a significantly adapted disabled property after 1 April 2014 would be made aware that the tenancy would be reviewed after 4.5 years. If the needs of the tenant had not changed or further adaptations were required a further five year fixed tenancy agreement would be offered. 

   xi.          Confirmed that the policy was on the property and not the tenant.

 xii.          Acknowledged the review of significantly adapted disabled properties   needed to be a sensitive process and would want to reassure tenants that their tenancy would continue if their requirements had not changed. But each case would be considered on an individual basis.

xiii.          Advised that fixed term policies would allow the significantly adapted disabled properties to be reviewed on a periodic basis.

xiv.          The need of significantly adapted disabled properties was greater than the supply and if there had been a high level of investment to adapt a four bedroom property this would be offered as significantly adapted disabled property.

xv.          Legal advice was being sought on the status of a tenant if no appropriate accommodation could be found during the six months review period, although this could  be extended by a further six months.

xvi.          One off properties would be designated as such by the Area Housing Manager but would only be used in exceptional circumstances and an example of Cemetery Lodge was given to the Committee.

 

The Committee:

 

Councillor Bird proposed and Councillor Johnson seconded the deletion of ii(b) of the Officer recommendation. Subject to the condition that a detailed report would be presented at a future meeting on the detail and clarification of how significantly adapted disabled properties on fixed term tenancies would work in practice (original struck through).

 

     ii.  Approved the use of fixed term tenancies from April 2014 for:

 

a) properties with 4 or more bedrooms – 5 years

     b) significantly adapted disabled properties – 5 years

c) move on accommodation – 3 years

d) one off properties – 5 years.

 

Resolved (6 votes to 4 votes) to delete ii(b) of the Officer’s recommendation.

 

Resolved (11 votes to 0) to approve the amended recommendation.

 

The Executive Councillor approved the amended recommendation.

 

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor