Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

Building a Housing Ladder of Opportunity – Housing Allocation SchemePrivate Registered Provider (PRP) Tenants3.8 PRP (principally housing association) tenants will be assessed in the same wayas other applicants applying for housing advice and assistance under thisscheme.Tenancy Succession3.9 The law on council tenancy succession has changed for secure tenants (andhousehold members) where a tenancy was created before 1 April 2012 andthose created after this date. The scenarios below are based on where a tenantor joint tenant dies and the remaining joint tenant (if applicable) and/or householdmembers wish to remain in the property.3.10 Where a tenancy was created before 1 April 2012, family members will retaintheir existing rights to succeed to the tenancy. This may be the tenant’s spouseor registered civil partner or could be a co-habiting partner or another familymember(s). Family members seeking to succeed the tenancy will need to havelived at the property for at least twelve months before the succession is sought.Where a joint tenant dies, the other joint tenant becomes the sole tenant ..3.11 Where a tenancy was created on or after 1 April 2012, only a spouse, civilpartner or a person who lives with the tenant as if they were a spouse or civilpartner will have a statutory right to succession.The statutory right only applies to the first time that a succession occurs, butbeyond this, the council will use its discretion to allow a new flexible tenancy tobe granted in the following circumstances:• The person applying for succession has lived continuously in the property astheir principal home for twelve months before the death of the tenant and• They are the spouse, civil partner, a close relative of the tenant, or someone whohad to live with the tenant in order to provide them with care, without which thetenant could not have maintained their tenancy and• They would qualify for the property they have applied to succeed to under thecouncil’s allocations policy (i.e., this Housing Allocation Scheme) including beingboth an eligible and qualifying person(s).3.12 This process will be triggered by a Housing Register Application which will beconsidered in the first instance by Housing Management Officers from the AreaHousing Office responsible for the tenancy. They may seek advice from HousingOptions Officers on the application of the policies set out in this HousingAllocation Scheme.16Page 399