A decant is when the Council assists a tenant/s to move out of their current home and into alternative accommodation either temporarily or permanently. There are a few reasons as to why this may occur:
- It is unsafe for them to remain in their home.
- It is unsafe to be in occupation whilst works are being carried out within the property.
- The property is being demolished.
There are two types of decants:
- Planned – Planned decants are where improvement works/major repairs need to be done to an occupied property. Sometimes these repairs may be extensive, or the tenant’s health and safety could be at risk if they stay in occupation.
- Unplanned/Emergency – Unplanned or emergency decants are where an event occurs such as fire, flood, storm damage and major leak. Where the property is deemed unsafe for the tenant/s to remain there, they would be moved out of the property straight away.
Decants can be temporary (where the tenant/s will return once the necessary work to the property is completed) or permanent (where they never return to that property), depending on the situation.
The Council will always arrange temporary accommodation for the household if they require it. In determining the type of accommodation to be used, considerations will be given to the likely time to complete the repair, the availability of suitable accommodation and the relative cost of each option. These options may be:
- Staying with family or friends
- Use of bed and breakfast or hotel accommodation- which could be within or outside the district (depending on availability)
- Use of our own housing stock (depending on availability).
In emergency situations that happen outside of office hours, bed and breakfast accommodation will be provided for that night until further options can be explored.
Yes, we will provide suitable alternative accommodation that has equivalent security of tenure, is similar in size and appropriate to your households needs including meeting any mobility and access needs.
If you are currently under occupying (have more bedrooms than you need for your household), you will be offered a smaller property. However, if there are exceptional circumstances, we may consider offering a larger property. If you are overcrowded in your current property (in accordance with the Council’s Allocations Policy), a larger property than you currently occupy may be offered.
The council will always try to accommodate tenant/s and will try not to move tenants from a house to a flat, but this depends on availability of properties
A Housing Officer will visit any household needing to be moved due to a planned decant to discuss the works that are being undertaken and how the council can support them. They will also discuss the following:
- When the work will be done
- The decant policy and process
- 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 is needed
- Who the 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 make a referral to Brighton Housing Trust for support with the practical side of moving such as cancelling and setting up new utility providers
The Council will provide a package of support to the households that are decanted, which will be tailored to meet each households needs. This will include the following:
- Helping with packing and unpacking
- Dismantling and reassembling furniture
- Arranging and paying for removals
- Storage may also be provided and paid for, if the property is smaller than the main home
Only tenant/s who are required to move permanently due to demolition, redevelopment or improvement works have a statutory entitlement to disturbance payment. However, the Council will help with the following where a tenant/s is decanted from their property on a temporary or permanent:
- Removal and Storage costs via the Council’s contractor. Two quotes need to be obtained if an alternative contractor is to be used
- Disconnection and reconnection of:
- cooker via the council’s contractors or by a registered Gas Safe fitter/electrician
- washing machines and other equipment white goods such as a dishwasher
- telephone, Satellite/Cable TV, and internet connection
Cost will be reimbursed upon receipt of evidence.
- 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 for up to 6 months
- Supply one new school uniform for each school aged child if the move has resulted in needing to change schools
- Replacement of security locks and alarms
- We will cover the cost of the removal and refitting of adaptations approved by an Occupational Therapist under the Disabled Facilities Grant within the home
- Carpets and floor coverings: Where possible, households are expected to reuse the floor covering in their homes, which the council will arrange. 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 can 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 (where applicable) provided the tenant/s had received our prior written permission. 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, we either undertake this work or provide the tenant/s with a decorating voucher.
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.
These set amounts are to compensate tenant/s for having to move permanently from their homes due to demolition, improvements (which includes alteration or enlargement), or redevelopment (which includes a change of use).
To qualify for the Home Loss Payments, you must:
- Be permanently decanting
- Be the tenant/s or if you are a spouse or civil partner of a tenant you may claim Home Payments if it can be shown that there is a matrimonial home right
- Have occupied the property as your sole or main home for a minimum of 12 months at the date of displacement and be moving because of the proposed works
No more than one person can be entitled to a Home Loss Payment. Those with a joint tenancy will have a payment that is shared equally between those entitled.
For temporary decants – where tenant/s pay rent in full themselves, the rent on their main home will be suspended and you will pay the rent on the decanted property. If the rent of the decant property is higher than the rent on their main home, the Council will meet the difference so that you are not financially disadvantage by the move.
If you have been temporarily moved into bed and breakfast/emergency accommodation, the Council will cover the full cost of this accommodation.
You are expected to clear any rent arrears on your rent account prior to being decanted. If the decant cannot be delayed, an arrangement will be made for you to repay the rent arrears as part of the decant process.
If you receive benefits, we will discuss this with you as the benefit rules are complicated. The benefit payment for the rent could be for the main home or the decanted property, depending on how long the decanted property will be occupied for.
For welfare benefits, you will need to inform either Universal Credit or Housing Benefits of this change, but the Council can provide support if needed.
Council tax will always be charged on the occupied property, regardless of whether it is the main or temporary home. If the Council tax is a higher banding at the decant property and you are not receiving any benefits, the Council will pay the difference at the end of the decant period.
- You are expected to pack up your own belongings unless you require assistance. In these cases, the Council will provide and pay for a packing service.
- You must ensure that you have taken the steps to clean the fridges and freezers that are within the property. They must be emptied and defrosted, if necessary, before the removal company is due to arrive.
- You are responsible for cleaning belongings from the property and giving vacant possession of that property. Any items left behind will be cleared and there will be no opportunity to reclaim these items. You also cannot claim compensation for these items. The cost of clearance and disposal of any items will also be recharged.
- You must take responsibility for your own fixtures and fitting, or DIY improvements, unless the property is being demolished.
- You are responsible for taking any pets with you.
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.
Always discussing it with you, the Council will make an offer that best meets your households’ requirements balanced with accommodation that is available. You 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 your household’s requirements and is as close as possible to your area/s of preference.
If a reasonable offer is refused, the Council may consider Legal action to recover possession of the property. It should be stressed that it is extremely rare for this to happen, but should this be necessary, the Court will only award the Council possession if suitable alternative accommodation is available.