Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ... Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Building a Housing Ladder of Opportunity –Tenancy Strategyboth within the borough and outside and envisages this to continue.However, the Council wishes to see the social housing sector to be oneof ‘choice’ for a wider section of the community rather than ‘need’. TheCouncil also want the sector to be perceived as an important segmentof the local housing market, which is a platform for progress to otherhousing options, i.e., a starting point, not a destination, as part of thehousing ladder of opportunity approach. More detail on this approach isset out in Section 4 of this document. The Council also wishes futuretenants to be making a greater contribution to the community and theeconomy and fixed term tenancies are potentially an effective means tostructuring that arrangement.3.10 By granting fixed term tenancies, registered providers will be able toenable a wider section of the community to occupy social housing toimprove its accessibility and its perception to the wider community.3.11 Anti Social and Criminal Behaviour - In a small number of instances,some tenants and members of the household are committing antisocial and/or criminal behaviour. The Council believes that suchbehaviour is unacceptable and considers that sanctions should be inplace, with the ultimate sanction of eviction if the case demands it. .3.12 By granting fixed term tenancies, all registered providers can review inconsultation with housing management and agencies such as thepolice and anti social behaviour teams whether there is a case for notrenewing the tenancy. The Council sees this as an incentive foroccupants to be ‘good tenants’, as criminal and anti-social behaviourspoils the quiet enjoyment of other tenants’ lives. Fixed term tenanciesshould also be seen as an opportunity for tenants and/or householdmembers who have a history of anti social and/or criminal behaviour torehabilitate themselves. In extreme cases, the Council will seek toexclude such tenants from accessing affordable housing altogether.3.13 Reducing Fraud – The Audit Commission in its Protecting the PublicPurse 2009 Report estimated that social housing tenancy fraud couldbe as high as 5% in London. The Commission defined tenancy fraudas:• when people submit false housing applications• tenancy succession fraud, where the property is no longer occupiedby the original tenant; and• the illegal sub-letting of a property for profit3.14 Registered Providers will be given new powers to reduce suchincidences, complemented by the Government’s stated intention tomake tenancy fraud a criminal, rather than civil, offence. The Councilfully supports this change and will exercise their new powers whereappropriate.6Page 431
Building a Housing Ladder of Opportunity –Tenancy Strategy3.15 By granting fixed term tenancies, registered providers will be able toregularly review how the properties are being used, ensuring that thetenants who were granted the properties are the ones occupying them.3.16 In summary, the authority considers there to be a compelling case forall registered providers to introduce flexible tenancies which in turn hasinfluenced the approach that is set out in the Housing AllocationScheme. The social housing sector has for many years been seen asa stand-alone part of the housing market with very little relationship tothe experience of other residents of housing, particularly workinghouseholds, who live in the private rented sector. The Council isseeking to redress this position and integrate social housing within thehousing market via plans outlined in this Strategy and other documentspublished in due course.3.17 There is a broader issue of how the passing of the 2011 Localism Actcan facilitate a major shift towards ensuring all affordable housingmakes a greater contribution to accommodating the needs andaspirations of the borough’s current and future residents. The keydocument to achieve that objective is the Housing Allocation Scheme.4. Flexible Tenancies - Our Proposed Approach4.1 In simple terms, the Council in its local housing authority role isrecommending to all Registered Providers (i.e., the Council in itslandlord role and housing associations) that fixed term tenancies areissued for the large majority of future affordable housing lettings. . Allfixed term tenancies will normally be preceded by a one yearintroductory tenancy (also previously known as a probationarytenancy). This will not apply to transfer cases (including ‘decant’ cases)eligible for secure or assured tenancies. The fixed terms recommendedare as follows:• Five Year fixed term tenancies for proposed tenants who arenominated from the Council’s Housing Register including those whomeet the ‘reasonable preference’ criteria set out in current, relevantlegislation• Two Year fixed term tenancies where the proposed tenant(s) isaged between 18-25 years old *• Two Year Fixed tenancies where the council is satisfied theproposed tenant (or a member their household) has been guilty ofunacceptable behaviour which makes him or her unsuitable to be atenant. Examples of such behaviour include; persistent failure topay rent; anti social behaviour which has caused a nuisance;threats or actual violence against neighbours, council staff,managing agents or contractors; obtaining a tenancy by deceptionand persistent failure to comply with other tenancy conditions.7Page 432
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Building a Housing Ladder of Opportunity –Tenancy Strategy3.<strong>15</strong> By granting fixed term tenancies, registered providers will be able toregularly review how the properties are being used, ensuring that thetenants who were granted the properties are the ones occupying them.3.16 In summary, the authority considers there to be a compelling case forall registered providers to introduce flexible tenancies which in turn hasinfluenced the approach that is set out in the Housing AllocationScheme. The social housing sector has for many years been seen asa stand-alone part of the housing market with very little relationship tothe experience of other residents of housing, particularly workinghouseholds, who live in the private rented sector. The Council isseeking to redress this position and integrate social housing within thehousing market via plans outlined in this Strategy and other documentspublished in due course.3.17 There is a broader issue of how the passing of the 2011 Localism Actcan facilitate a major shift towards ensuring all affordable housingmakes a greater contribution to accommodating the needs andaspirations of the borough’s current and future residents. The keydocument to achieve that objective is the Housing Allocation Scheme.4. Flexible Tenancies - Our Proposed Approach4.1 In simple terms, the Council in its local housing authority role isrecommending to all Registered Providers (i.e., the Council in itslandlord role and housing associations) that fixed term tenancies areissued for the large majority of future affordable housing lettings. . Allfixed term tenancies will normally be preceded by a one yearintroductory tenancy (also previously known as a probationarytenancy). This will not apply to transfer cases (including ‘decant’ cases)eligible for secure or assured tenancies. The fixed terms recommendedare as follows:• Five Year fixed term tenancies for proposed tenants who arenominated from the Council’s Housing Register including those whomeet the ‘reasonable preference’ criteria set out in current, relevantlegislation• Two Year fixed term tenancies where the proposed tenant(s) isaged between 18-25 years old *• Two Year Fixed tenancies where the council is satisfied theproposed tenant (or a member their household) has been guilty ofunacceptable behaviour which makes him or her unsuitable to be atenant. Examples of such behaviour include; persistent failure topay rent; anti social behaviour which has caused a nuisance;threats or actual violence against neighbours, council staff,managing agents or contractors; obtaining a tenancy by deceptionand persistent failure to comply with other tenancy conditions.7Page 432