Decant Policy

Introduction – What is a Decant?

Simply put a decant is when a tenant/s is assisted by the Council to move out of their current home. It could be because it is not safe for them and their household to remain there, or safe to be in occupation whilst works that are needed are carried out. It could also be because the property is being demolished (see section 2 for types of decants).

This is different from a transfer, which in most cases happens because the tenant/s wants or needs to move home.

This is rare and decants are only required when absolutely essential.

Purpose of policy

The purpose of this policy is to explain the approach that Wealden District Council will take when moving tenant/s from their home either a temporary or permanent basis. This policy covers both planned and emergency decants (see Page 5 for more information). 

Aims of policy are

• To ensure decants operate in a fair, equitable and transparent way, having regards to the individual needs of tenants
• To ensure tenants are treated with fairness and respect
• To ensure support is tailored to meet individual tenant’s needs
• To deliver simple but effective consultation with tenants that need to be decanted at the earliest opportunity
• To communicate effectively and clearly with tenants throughout the process
• To enable decants to be carried out with the minimal disturbance to tenants
• To outline the support, both financial and practical, provided to tenants who are required to decant
• To minimise rent loss to the Council

This Policy Applies to:

1. a) General needs accommodation;
2. b) Retirement Living accommodation;
3. c) Leaseholder Accommodation (residents who have purchased a percentage share of the lease of their property or in the case of Retirement Living may own the whole property on a leasehold basis).

Legal context

The key pieces of legislation that relates to decants are as follows: 

Housing Act 1985

If a decant is necessary, the Council has a legal obligation under Section 105 of the Housing Act 1985 to consult with tenants when they are substantially affected. Consultation must be at a time when proposals are still at an early stage and the Council will consult with all affected persons.

Obtaining possession under Ground 10 or 10A of Schedule 2 of the Housing Act 1985.   

Land Compensation Act 1973

Section 30 on statutory Home Loss Payments.

Section 38 Disturbance Allowances.

Wealden District Council, as a landlord, is obliged under the terms of its tenancy agreements to keep the structure, and exterior of rented homes including communal areas in good state of repair. In addition, to keep in good repair and working order any installations of gas, electricity, water and heating systems. This is achieved through us carrying out repairs and improvement works. In the vast majority of cases, these works will be carried out whilst the tenant remains in their home.

Planned Decants

Planned decant occurs where improvement works and major repairs need to be carried out to the property which the tenant/s lives in, but when the works are extensive, or the health and safety of the tenant/s would be at risk if they were to remain in occupation.

In addition, in some exceptional circumstances, the property might no longer meet modern standards, and it is cheaper to demolish and rebuild it, or the area where the property is located might be needed for redevelopment.

Unplanned/Emergency Decants

Unplanned, known as emergency decants are where an event occurs that results in a tenant having to be moved out of the property straight away because it is not safe to remain in that property, for example a fire, flood, storm damage or major leak.

Are decants temporary or permanent? 

A temporary decant is when a resident is moved out to enable work or redevelopment of the property to be carried out with the intention of returning them to it at the earliest opportunity – the length of time will vary according to the amount of work that is needed to the property. The expectation and requirement is that the tenant/s return to their main home. If tenant/s are relocated for longer than 12 months they may have the right to remain in their decanted property.

A permanent decant is when a tenant/s is moved out of their home permanently. This could be because the property is being demolished or redeveloped.

Decants can be:

• Unplanned temporary
• Unplanned permanent
• Planned temporary
• Planned permanent

Unplanned/Emergency Decants

Where the decant is an emergency decant the council will always arrange temporary accommodation for the household, if they require it, until the situation can be fully assessed and/or fully resolved.

This is also the case, if the emergency happens out of office hours in which case bed and breakfast accommodation will be provided for that night, until other options can be explored.

Where unplanned repair work is required that cannot be carried out with the resident in occupation, but does not require the resident to leave immediately, temporary alternative accommodation will be arranged when the work is to be done.

In determining the type of accommodation to be used (whether for emergencies or unplanned repairs), consideration will be given to the likely time to complete the repair, the availability of suitable accommodation and the relative costs of each option.

Options that will be considered and discussed with the household for temporary accommodation will include:

• Staying with family or friends
• Use of bed and breakfast or hotel accommodation – which could be within or outside of the district depending upon availability
• Use of our own housing stock (depending on availability)

Once the extent of the damage/work has been assessed, a decant plan will be    devised with the tenant.

Unless agreed otherwise, the move will only last as long as it takes to complete the repair or improvement works.

If once assessed, the damage is so extensive in the case of emergencies that the household will not be able to return for a significant amount of time e.g. where there has been a major fire, a decant may become permanent. In these cases, the tenant/s will stay in their temporary accommodation until a new permanent suitable council home is available.   

Planned Decants

Planned Temporary Decants

A planned temporary decant may be required where works such as damp proofing, structural works or asbestos removal are to be carried out and would leave the resident without basic facilities for a period of time or because of a health and safety requirement, but the tenant/s will be able to return on completion of the works.

Options that will be considered for temporary accommodation, and discussed with the tenant, will include:

• Staying with family or friends
• Use of bed and breakfast or hotel accommodation – which could be within or outside of the district depending upon availability
• Use of our own housing stock (depending on availability)

The type of accommodation provided will depend on the anticipated duration of the repair works. Unless agreed otherwise, the move will only last as long as it takes to complete the repair or improvement works.

Planned Permanent Decants

A permanent decant may be necessary where it is planned to dispose of, demolish and/or redevelop the property, or to remodel the whole block or estate resulting in a different number or properties and/or property sizes, or to alter the property to the extent that it is no longer suitable for the existing tenants needs.

In these circumstances, the Council will work closely with affected tenant/s and residents at all stages to support them through the process and help find suitable alternative accommodation.

How is another property found for the tenant?

Whenever a household is decanted, we have a legal duty to provide them with suitable alternative accommodation.  Suitable alternative accommodation refers to accommodation which provides the tenant with equivalent security of tenure and is similar in size and area and appropriate to the tenants needs.

Where the tenant is currently under occupying (has more bedrooms than they need for their household), they will normally be offered a smaller property that meets their current needs. However, where there are exceptional circumstances, we may consider offering of a larger property. Similarly, where a tenant is overcrowded in their current property (in accordance with the Council’s Allocations Policy), a larger property than they currently occupy may be offered.

Wherever possible we will offer like for like and will try not to move a tenant from a house to a flat or from a flat to house, but this depends on the availability of properties in the local area and whether it would unreasonably delay the planned works.

A flat may be on a different floor from the tenant/s existing property. However, it will meet any mobility and access needs of the tenant/s and their household.

We will also have regard to the tenants’ stated preferences in terms of location and proximity to relatives or schools, but alternative accommodation will be deemed as suitable if it is of the appropriate size and the Council considers it a reasonable travel distance to the tenant and partners place of work.

The Council will identify possible suitable alternative accommodation as and when Council properties become available.

What if the tenant refuses offers of alternative accommodation?

 The Council will make an offer that best meets the tenants’ requirements balanced with accommodation that is available. Any offer made will be discussed with the tenant to ensure it is suitable for the tenant’s needs. 

Tenant/s have the right to refuse offers of accommodation. However, if a reasonable offer of accommodation is refused, the Council will make a final offer, and this will be the first available property that meets the household’s bedroom needs and as close to their areas of preference as possible. If a reasonable offer is refused, the Council may consider Legal action to recover possession of the property where the property is due to be demolished,  needed for redevelopment or needs to be reconstructed – either the whole of or part of the building.  Should this be necessary, the Court will only award the Council possession if suitable alternative accommodation is available.  It should be stressed that it is extremely rare for this to happen.

If the Council does make an application to the court to gain possession of the property for decanting purposes it is for the court to decide whether the latest offer made is suitable.  The court will order possession provided the council can show the court that suitable alternative accommodation is available to the tenant if the order is made, this means that the property last offered to the tenant/s would be kept vacant until the court makes a decision. If the court does grant possession to the council the tenant/s will then be expected to accept that offer of alternative accommodation.

Grounds for Possession

Where a tenant/s refuses to move or has refused the offer of other suitable alternative accommodation, the

Secure Tenancies:

The two grounds for possession relevant to major works are Grounds 10 and 10A of Schedule 2 of the Housing Act 1985 (as amended) which state as follows:

Ground 10: “The Landlord intends, within a reasonable time of obtaining possession of the dwelling house:

1. a) to demolish or reconstruct the building or part of the building comprising the dwelling-house, or
2. b) to carry out work on that building or on land let together with, and thus treated as part of, the dwelling-house, and cannot reasonably do so without obtaining possession of the dwellinghouse.”

Ground 10A “The dwelling-house is in an area which is the subject of a redevelopment scheme approved by the Secretary of State or the Housing Corporation in accordance with Part V of this schedule and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling-house in accordance with the scheme” or “Part of the dwelling-house is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme and for that purpose reasonably requires possession of that dwelling-house.”

What happens if the tenant has rent arrears?

Where the Council has already started possession proceedings against a tenant, prior to the decant, legal action to end the tenancy may be considered.

Support package

The Council will provide a package of support tailored to meet each household needs to any household that is decanted.

This will include paying for and arranging removals and help with packing and unpacking, dismantling and reassembling furniture, if required. If the property is smaller than the main home or the tenant/s has lots of possessions storage will also be arranged and paid for.

We work with Brighton Housing Trust who can provide a bespoke support service helping with cancelling and setting up new utility providers for example and other support to help with the practical side of moving.

Supporting tenants

Every tenant identified as required to move due to a planned decanted will be visited by the Housing Officer to discuss:

• What the proposed work is and why it is being undertaken.
• When the work will be done.
• The decant policy and process.
• What choices there are and how these can be made.
• What we will do to help tenants prepare for any work and support whilst this work is being carried out.
• Whether there are any requirements for aids and adaptations to support the move.
• Any specific support that the tenant requires for the move.
• Who their named contact in the council will be for the duration of their move.
• What they are entitled to financially.

The Housing officer will also:

• Undertake an assessment of any support need and will work with partner agencies.
• If needed the Housing Officer will make a referral to Brighton Housing Trust for support with the practical side of moving.

Communication with the tenant will be in the tenant/s preferred format. The Housing Officer will be the main point of contact for the tenant/s before and during the decant. The Housing Officer will develop a personalised decant plan with the tenant/s and this will include how often the tenant/s will be contacted with updates before and during the decant process. Some documents will need to be sent in writing.

Financial Support

Disturbance costs

The Land Compensation Act 1973 Act sets out who is entitled to home loss payment payments and the Home Loss Payments (Prescribed Amounts) (England) Regulations (2023) sets out guidance relating to the payments aimed at compensating tenants for the actual cost of moving from their home.   

Only tenants who are required to move permanently due to demolition, redevelopment or improvement works have a statutory entitlement to disturbance payment. The purpose of the payments is to reimburse tenants for all reasonable costs they have actually incurred as a result of having to move. This does not apply to those who are decanted temporarily.

There is no minimum length of occupation required before tenant/s decanted on a permanent basis are eligible, but the tenant must be in lawful occupation of the property on or before the date of displacement.

Instead of a disturbance allowance, the Council will normally meet all reasonable costs that are incurred as a direct consequence of any decant whether permanent or temporary to prevent tenants having to pay all the cost upfront. However, if tenant/s prefer they can make the payments themselves and claims reimbursement from the Council. To do this they must provide receipts or reasonable evidence for all costs before payment will be made. In some cases, we may agree a lump sum disturbance payment with affected tenant/s to meet the costs of moving and to avoid the need to submit receipts for each item.

Examples of costs that will be covered where a tenant/s is decanted from their property on a permanent or temporary basis include:

• Removal and storage costs: The Council will normally arrange the removal and in some cases storage with a company directly. Where required, the Council will arrange for boxes to be provided to help with packing. Where goods are held in storage, the tenant/s will be able to access these, if needed during the decant process. Where the tenant/s wishes to make these arrangements themselves and a request is made to reimburse costs, the Council will require two quotes to be obtained.
• Disconnection and reconnection of washing machines and other equipment white goods such as a dishwasher.
• Disconnection and reconnection of telephone, Satellite/Cable TV and internet connections: We will reimburse any costs for reconnections at the decant property upon receipt of evidence.
• Disconnection and reconnection of cooker: Where required, we will arrange for this to be done by our contractors, or we will cover the cost of disconnection and reconnection work carried out by a registered Gas Safe fitter/electrician.
• Where the decant is from a property with a gas supply to a property with an electric-only supply or vice versa, the Council will provide a new cooker.
• Redirection of mail: If the tenant arranges re-direction of mail, we will reimburse the cost for all household members for up to 6 months.
• New school uniforms: Where decanting results in the need for a child to change schools, we will assist with the cost of one new uniform per child where the school requires a uniform to be worn. We will require confirmation from the school on the uniform requirements.
• Replacement of security locks and alarms: We will remove and refit security locks and alarms or reimburse any costs incurred if the tenant has to employ a contractor. Installations must be by an approved locksmith and compliant with current building regulations.
• Adaptations approved by an Occupational Therapist under the Disabled Facilities Grant within the home: We will cover the cost of the removal and refitting of adaptations.
• Carpets and floor coverings: Where possible, households are expected to reuse the floor covering in their homes. We will arrange for the uplift and refitting of carpets, underlay and/or laminate flooring (provided permission was granted for laminate flooring to be fitted). If this is not possible or partially not possible, the Council will arrange for a replacement floor covering to be fitted in the decant property.
• Curtains and window covering: Households are expected to re-use their current window covering and make any alterations to the length and width. We will arrange for curtain rails to be removed, altered and refitted. Where this is not possible, we will cover reasonable costs of replacement window coverings, up to a maximum value per window.
• Light fittings: If required, existing light fittings will be transferred and refitted. Where additional fittings are required in the new home, we will only cover the cost of basic lampshades.
• Compensation for Improvements: Any improvements the tenant has made to the property, such as a new bathroom, will be compensated for if the tenant had received our prior written permission and the improvement will not be able to remain in situ for a temporary decant. This will be in line with the Right to Compensation for Tenants Improvements scheme and criteria – see our Recompense Policy (www.wealden.gov.uk/housingstrategiesandpolicies).
• Decorating costs: Where the property being moved into needs redecorating due to holes in the walls/damage we either undertake this work or provide the tenant/s with a decorating voucher to enable them to do the work.

The above list is not exhaustive, and other items will be considered on their individual merits. Where the need for a ‘decant’ has arisen due to wilful or negligent actions of the tenant or a member of their household e.g. where they have caused a fire, we reserve the right to restrict these payments.

Statutory Home Loss Payments

Where the Council requires a tenant/s to move permanently due to demolition, improvement (which includes alteration or enlargement) or redevelopment (which includes a change of use), the tenant may be entitled to claim a statutory Home Loss Payment, to compensate them for the personal upset and distress of losing their home. Home Loss Payments are not available for temporary decants, nor decants arising as a result of an intended sale of the property, by the Council.

Sections 29, 29A and 32 of the Land Compensation Act 1973 sets out the provisions for the statutory Home Loss Payments to be made to compensate tenants for having to move permanently from their home. Section 30 specifies the amount. This mandatory lump sum payment is reviewed annually and confirmed in the Home Loss Payments (Prescribed Amounts) England Regulations.

To qualify for the Home Loss Payment the recipient must:

• be the tenant/s (but see below regarding spouses and civil partners);
• have occupied the property as their sole or main home for a minimum of 12 months at the date of displacement (irrespective of whether they were the tenant throughout their occupation there e.g. where they are a successor); and be moving as a result of the proposed works.
• a spouse or civil partner of a tenant may claim Home Loss Payment if it can be shown that there is a matrimonial home right. The spouse/civil partner who remains in occupation is treated as occupying by virtue of his or her spouse’s interest under the tenancy. A spouse who has moved out of the property will not be able to claim as he or she will not be able to satisfy the occupation condition.

Tenant/s who have been given formal notice of the need to be permanently decanted and take their own steps to find new accommodation, rather than waiting for the formal decant offer, will remain eligible for a Home Loss Payment. This includes those who transfer or move into the market rented, shared ownership or private sale sectors.

No more than one person can be entitled to a Home Loss Payment. Where there is a joint tenancy, the payment is shared equally between those entitled. Households can only receive one Home Loss payment, and this paid at the point of moving to an alternative permanent home. It is generally expected that the tenant would put a claim in writing for Statutory Home Loss, with payment made after the move has concluded)

Where Home Loss payments will not be made

Where a tenant/s is decanted temporarily but requests to remain permanently in the decant property, they are not entitled to the statutory Home Loss Payment, although disturbance costs will have been met as part of the decant process.

If tenant/s are evicted prior to being decanted, they will not receive a Home Loss Payment.

Payment of cost

The Housing Officer will inform the tenant of what they will be entitled to and details of how the payment will be made, together with any proof/receipts that they need to provide. They will support them throughout this process.

Tenancies

 Tenant/s who are decanted on a temporary basis will be provided with a ‘Licence to Occupy’ their temporary home for the duration of their stay at that property. Where a temporary decant occurs, the original tenancy agreement will continue throughout the period of the decant so that when they return, they will have the same tenancy with the same security as before.

With a permanent move a new tenancy is granted.

Rent Payments

Where the tenant/s pay the rent in full themselves the rent on their main home will be suspended and they will pay the rent on the decanted property. Where the rent of the decant property is higher than the rent would be for their principal home, the Council will meet the difference so that the tenant is not financially disadvantaged by the move. If the rent is less, they will be charged the lower amount.

If a temporary decant occurs at the time of an annual rent review, the rent on the main home will still be reviewed and changed and the relevant rent change notices served.

If the tenant receives benefits, we will discuss this with them as the benefit rules are complicated and the benefit payment for the rent could be for the main home or the decanted property will depend upon how long the decanted property will be occupied. In all cases, the tenant/s will be no worse off financially by the move.

If the tenant has been temporarily moved into bed and breakfast/emergency accommodation, the full cost of this accommodation will be covered by us. 

Welfare Benefits

The tenant/s will need to inform either Universal Credit or Housing Benefit of this change but can be supported if needed.

Council tax

Council tax will always be charged on the occupied property, regardless of whether it is the main or temporary home. This will be explained to the tenant/s. If the Council Tax is of a higher banding at the decanted property and the tenant is not in receipt of benefit, the Council will pay the difference at the end of the decant period. 

Rent arrears

If there are arrears on the tenant/s main home unless the decant is needed for health and safety reasons or a prolonged delay might result in a deterioration to the condition of the property or to the tenant/s health, the tenant will be expected to clear any rent arrears on their rent account prior to being decanted. If the decant cannot be delayed an arrangement will be made for the tenant/s to repay the arrears as part of the decant process. If there is already a repayment arrangement in place, this will continue, and the tenant/s will be expected to pay any agreed arrears payment amounts whilst decanted.

For permanent decants, the tenant will continue to pay rent until their tenancy ends at their main home. If the tenant has arrears of rent and/or service charges these will be subject to a former tenant arrears agreement.

What the tenant will need to do ready for the move

Packing

Where a tenant is being decanted, they will be expected to pack up their own belongings unless they have vulnerabilities. In these cases, the council will provide and pay for a packing service through their contractor.

Fridges and Freezers

Tenants must ensure that they have taken steps to clear their fridges and freezers, having been emptied and defrosted, if necessary, before the removal company is due to arrive.

Emptying and cleaning their current home

The tenant is responsible for clearing their belongings from the property and for giving vacant possession of that property. Any items left behind will be cleared and there will not be any opportunity to reclaim them, or to claim compensation to the value of them. The cost of clearance and disposal of any such items will also be recharged to the tenant.

The tenant must also take responsibility for their own fixtures and fittings or DIY improvements, unless the property is to be demolished, in which case they must sign a disclaimer stating that they do not require any compensation for the loss of these items.

Pets

The tenant/s must ensure all pets are taken with them to the new property, or to an alternative home before they move out.

The tenant is required to provide access to contractors, as necessary before any move takes place.

This will all be discussed and agreed by the Housing Officer and form part of the tenant/s personalised decant plan.

Leaseholders & decants

In the unlikely circumstances that any planned works will require leaseholders to be decanted, full consultation will be undertaken at as early a stage as possible.

The Council will seek legal advice if we are prevented from fulfilling our repair and maintenance obligations as a result of a leaseholder refusing to be decanted.

Where we have a statutory duty, we will compensate leaseholders for the loss of their home, otherwise, they will be expected to recover their costs through their own insurance cover.

The conditions for Home Loss Payments and Disturbance Payments are the same as for tenants i.e. the decant must be permanent due to redevelopment or improvement works and the owner or their sub tenant must have been living in the property at the date of displacement and for Home Loss Payments only, for the previous 12 months.

The policy will be reviewed and updated as necessary to ensure it is consistent with legislation or other changes that impact on the council’s management of decants.