Agenda item

NBeresford presented the Tenancy Management Policy on behalf of the Housing and Property Services portfolio holder. The policy is new for the service and was developed following feedback from residents, the Tenant and Leaseholder Committee and members. The policy has undergone extensive engagement internally with officers to ensure it reflects the work they do and will act as a useful tool for tenancy management officers to engage with residents and support queries that come in, and it will also be useful in informing members about the service. The policy has also undergone scrutiny through the Tenant and Leaseholder Committee and the leadership team. It is a legal requirement to undertake the functions in line with the Housing Act, as for all landlords, and the changes to any future policy will come about as a result of any legislative or procedural change.

Cllr Capozzi asked how tenants were previously managed without a policy. RGlanville explained that there were procedural documents that the Council has operated within and that the policy brings these together to signpost both tenants and officers to.

Cllr Capozzi referred to the community impact assessment templates and noted her surprise that not all categories for protected groups would benefit in the same way from having a policy in place. NBeresford explained that the community impact assessment is undertaken with a steering group as well as a staff engagement group with assistance from the legal department and HR officer. NBeresford agreed that this work could be reviewed further.

Cllr Dhyani noted that some areas will be covered for 12 or 18 months and asked what the criteria is for 18 months. RGlanville advised that new tenants get an introductory period of 12 months, though DBC reserves the right to extend this to 18 months if it is felt they are not managing the tenancy as expected, such as nuisance behaviour or non-payment of rent. Cllr Dhyani commented that it is not written as though it is an extension.

Cllr Dhyani noted that secure tenants have a right to buy, though the policy does not give an indication of how long this period is. RGlanville explained that the policy outlines what tenants have the right to do and that a right to buy policy will provide further detail.

Cllr Dhyani commented on the allowance of lodgers and queried if this will allow tenants to sub-let. Cllr Dhyani asked where the clarification is that tenants won't turn this into a business and sub-let further. RGlanville confirmed that tenants gain the right to take lodgers though DBC will perform checks as the landlord to ensure they are not overcrowding the property or sub-letting the entire property. NBeresford added that there is a stringent process in place and taking on a lodger will link to other policies in place at a county and national level, such as the Ukraine Settlement Scheme. Checks would ensure that any sub-letting complies with the obligations of the agreement and does not jeopardise the property.

Cllr Dhyani queried if the policy could allow sub-letting without a financial benefit. NBeresford confirmed that they could provide more detailed wording and agreed that tenants should seek advice before taking on lodgers as it could also preclude them from receiving other benefits.

Cllr Pringle commented on the succession policy and the ability to grant a discretionary tenancy, stating that she would expect any vulnerable tenants would be given this discretion in their favour, even if they were unable to complete the paperwork. Cllr Weston queried if any difficulties have arisen due to a lack of communication on such issues. RGlanville advised that this frequently occurs where an adult child remains in the property and a full holistic assessment will be taken of their circumstances, which will also include external partners and agents to support the individual. In many cases, the individual is then supported to take on their own tenancy elsewhere.

Cllr Pringle responded that it may be important for the individual to remain in the place they have always lived and asked if mental health or disabilities would be taken into consideration. RGlanville confirmed that this would be considered against whether the property would be best suited for a larger family, though keeping the individual in the property would also be considered.

Cllr Pringle asked if an individual was unable to represent their case in writing whether they would be given the appropriate assessment. RGlanville advised that officers are astute in dealing with these situations so they will work with the individual and support them to a successful resolution. NBeresford added that there is a multidisciplinary team framework that provides officers with regular contact with mental health services and sensory disability teams, so more complex cases will likely result in a multidisciplinary team liaison with a range of partners. NBeresford confirmed that the team will look to support the individual holistically, though they also need to consider whether the individual has the capacity to maintain a tenancy, which could result in making a decision that the individual can't remain in the home.

Cllr Pringle asked if a support package would provide an advocate for the individual. NBeresford confirmed that it could and that each case is treated individually. Officers will proactively engage with organisations such as Citizens Advice Bureau, legal advocacy services and other voluntary sector organisations who can also provide support to individuals.

Cllr Pringle commented that some adult children may have given up their own home or job to act as a parent's carer at end of life and asked what their position would be if they had nowhere else to go. NBeresford advised that if someone has given up a principle home to act as a carer then a determination would need to be made as to whether this was essential. The team will liaise with the Housing Needs team to assess the case and make a determination. If an individual gives up their own tenancy to move in with someone else, NBeresford noted that they need to engage with their housing officer to receive advice on the most appropriate way forward. It was stated that tenants should contact the service for any advice.

Cllr Weston asked what the qualifying period was to buy a home and what types of property are referred to. Cllr Weston also asked if the bedroom tax is still in place. RGlanville confirmed that the qualifying period is once a tenant becomes a secure tenant. Once a tenant is a secure tenant after 12 or 18 months, the tenant must remain a secure tenant for 5 years before they can put in a right to buy application. There are certain properties where there is no right to buy, such as properties designated as housing for older people. On bedroom tax, NBeresford confirmed that this is still applicable and that the Housing Needs team and Tenancy Management Officer will look at whether the tenant can afford the accommodation.

Cllr Capozzi noted that if a new tenant to DBC is an existing tenant with another council then they will go straight to secure tenant status and asked why this is. RGlanville advised that the tenant in this situation will have effectively passed their probationary period and that this is brought to the new property. Cllr Capozzi asked what would happen in the event that the tenant had left the previous property due to anti-social behaviour and whether it would be harder for DBC to take action versus someone still within their introductory period. NBeresford stated that this is considered in line with the Allocations Policy and there are disqualification aspects of the policy, such as anti-social behaviour, rent arrears or legal action being taken against the tenant, and a number of checks will be carried out on the tenant.

Cllr Weston asked how many council tenants there are currently in place at present. NBeresford confirmed that there are currently around 3,600 households on the housing register, including home seekers, who are new to receiving an allocation of social housing in the borough, homeless households and existing tenants. There is an allocation criteria that allows DBC to ensure there is a fair process of allocating homes, which involves a 60% allocation to transferring tenants and home seekers. NBeresford confirmed that there is a report on households by type and size of accommodation they are seeking at present, noting that there is growing demand for family-sized homes and accessible accommodation.

Cllr Weston asked if allocation is also referred to the point system, noting that she did not understand the system. NBeresford noted that new members will receive scheduled sessions and that a session on housing allocation will take place later in the year, noting that they could look to bring this forward if possible. NBeresford added that they could stand up a specific session with the team to provide a briefing on this.

Cllr Weston asked where the allocations legal framework comes from. NBeresford confirmed that this comes through central government and is the Housing Act 1996, Part 6, and that there is separately the Housing Act 1996, Part 7, which relates to homelessness. The Crime and Disorder Act, Housing Act 1978, 1994 and 2004 also have to be considered, as well as other legal frameworks. The Housing Allocations Policy is regularly reviewed due to new case law or bills going through parliament. The current policy was introduced last summer following engagement with residents and members and is reviewed on an ongoing basis. NBeresford advised that local authorities will handle allocations differently, including traditional waiting lists or choice-based lettings.

ACTION: NB - To check community impact assessment and benefit for all protected groups.

ACTION: NB - To check wording regarding introductory tenancy agreement and offer of 6-month extension.

ACTION: NB - To review wording in policy regarding sub-letting.

ACTION: NB - To provide more detailed report on household type and accommodation currently being sought.

ACTION: NB - To look at bringing forward housing allocation session for new members.