Tenancies
The Authority supports the use of long-term tenancies for social housing in the borough. Registered Providers and our own Housing Services should take account of the following tenancy types when determining the tenancy to be offered:
Starter/Introductory Tenancy: this should be offered to those households who have never held a social tenancy before.
Periodic Secure and Assured Tenancies: these tenancies are normally offered to:
- Existing and new tenants whose starter/introductory tenancies have been successful
- Tenants who have had a secure or assured tenancy before 1 April 2012 and who are transferring to another social rented home. This is not applicable to those transferring to an affordable rented home, unless the move is a required one.
- Those who are the beneficiary of a succession or assignment of a secure or assured tenancy. Previously under the Localism Act 2011, as well as spouses, partners, civil partners, those living together as a couple, other family members may be eligible to succeed the tenancy, but only if the original tenancy started before April 2012. Where the original tenancy started after April 2012 successions are restricted to spouses and partners etc. and exclude other family members, however the Housing and Planning Act 2016 restricts the right to succeed to a secure ‘lifetime’ tenancy to spouses and civil partners and those who live together as a couple irrespective of the date the tenancy started. Other family members living within tenancies will no longer have a statutory right to succeed the tenancy.
- Existing tenants who are undertaking a mutual exchange, provided they held a periodic or assured tenancy prior to 1 April 2012. This would not apply if the exchange was to an affordable rented home, or a home with a fixed term tenancy of less than two years, unless the landlord chooses to grant a secure or assured tenancy.
Demoted tenancies: introduced through the Anti-Social Behaviour Act 2003, this enables housing providers to respond to anti-social behaviour, through the demotion of a tenancy. The tenancy will normally remain demoted for a period of one year and will then revert to a secure tenancy. However, if there are any further breaches during the initial 12 months demotion, and the landlord issues a notice of proceedings for possession, the tenancy will remain demoted until one of the events in subsection 143B (4) of the Anti-Social Behaviour Act 2003 occurs.
Fixed term (flexible) tenancies: there may be occasion when a fixed term tenancy will help make best use of housing stock. This may include where the house is now too large for the family (under occupation) or the home is needed short term to meet regeneration objectives (demolition).
If a fixed term tenancy is introduced, then the effect of it should be monitored to ensure communities remain stable and settled. Such tenancies should not be offered to deal with existing issues, such as rent arrears or anti-social behaviour. Any breaches should be dealt with through the tenancy agreement.
A fixed term tenancy must be offered as the requirements set out in the Localism Act 2011. A review and appeals process must be available.
Where a fixed term tenancy is offered, it should be for a minimum period of five years. In the case of regeneration schemes, the minimum period should be two years.
Where a fixed term tenancy is offered, and the accommodation forms part of a housing pathway for current and former rough sleepers and those at risk of rough sleeping, and support is received, the tenancy should be for a maximum period of two years.
A review of a fixed term tenancy should take place six to nine months before it is due to end. Housing providers should seek to renew the tenancy unless there are specific grounds not to do so. These grounds must be clearly set out and be published in Tenancy Polices and/or Allocation Policies and must include details of how to appeal against a decision.
Where a fixed term tenancy is not to be renewed, housing providers are expected to provide support, advice and assistance to enable the tenant to find alternative accommodation. This aspect may have a cost implication and housing providers should give due regard to the cost of issuing fixed term tenancies.
Mortgage Rescue, Equitable and Family Intervention Tenancies: should be offered based on individual household circumstances.
Access to the housing register North Tyneside’s Allocation Policy has been designed to ensure that we:
- Offer choice
- Meet housing need
- Deliver a fair and transparent service
- Support and assist our customers
- Create more sustainable communities
- Make efficient use of all resources
The policy has six bands:
- Band One: urgent and high housing need (applicants with a local connection.
- Band Two: high housing need (applicants with a local connection)
- Band Three: medium housing need (applicants with a local connection)
- Band Four: applicants with a reasonable preference but who do not have a local connection.
- Band Five: applicants with a general housing need and a local connection
- Band Six: applicants with a general housing need and no local connection.
On occasion there may be some exceptions to the allocation of a property that sits outside of the allocation scheme and bandings. By law the local authority is permitted to do this in certain circumstances.
Discharge of homelessness duty with an offer of private rented housing This is an option available to the local authority. As the end of an assured short-hold tenancy continues to be the one of the main reasons for households presenting as homeless the Authority would need to be satisfied that use of this duty would not result in repeat homelessness.
An offer in the private rented sector would only be made once the household had been assessed as suitable for such a tenancy, the property was affordable to their income, the property is of a good standard and is available on a minimum 12 month tenancy.