Section 1: Background
Section 2 – Eligibility for Accommodation, Types of Tenancies and Associated Rights, Ending a Tenancy
Section 3 – Rent Levels and Lettings
Section 4 – Moving On
Section 5 – Tenancy Changes
Section 6 – Further Information
Wealden District Council is a social landlord providing 3,017 homes[1] for people across the district. We have 2505 general needs properties, 29 units of temporary accommodation and 427 retirement living homes for older people. In addition, we have a stock of 67 shared ownership leasehold properties for older people and 13 shared ownership general needs properties. We also manage 24 properties on behalf of a registered provider/housing association.
The vast majority of our social is let at social rent, with 403 at affordable rent including 67 units at one of our retirement living courts.
Typically, turnover of our stock is around 10% per year. We know that some of our homes are under occupied[2] and others are overcrowded[3]. We continue to work to encourage under-occupiers to downsize and have enhanced the Transfer Incentive Scheme. Downsizers are also given additional priority in our Allocations Policy. For over-occupiers, we continue to ensure they have support to transfer home if needed and continue to deliver a range of new build homes ourselves and in partnership with Private Registered Providers to meet the needs of those requiring housing. We also support households to transfer and offer support for those who wish to carry out a mutual exchange.
We currently have 988[4] households on the Housing Register that require housing in the district, with just under half[5] requiring a one-bedroom property.
Principles
When issuing a new tenancy, we will:
- Grant the correct tenancy in compliance with the law and in accordance with this policy.
- Make best use of our stock in accordance with our Allocations Policy. Ensuring we tackle under occupation and overcrowding and allocating homes to those most in need of them.
- Seek to ensure we promote and support sustainable and mixed communities through our Allocations Policy including utilising “Community Contribution”[6] and Local Lettings Plans.
- Enable tenants to carry out mutual exchanges in accordance with statutory requirements.
- Grant the most secure tenancy available – having regard to the households’ circumstances.
Policy Aims
The Tenancy Standard is one of four consumer standards that registered providers of social housing must comply with. The Regulator for Social Housing requires us to publish information on the type of tenancies that we offer and in what circumstances.
This policy aims to achieve compliance with this as well as providing a clear and consistent approach to the granting of tenancies and therefore the rights being offered to customers.
Scope of this Policy
This policy applies to everyone who is eligible to be housed by us as well as our existing tenants.
This policy covers general needs housing, temporary accommodation, retirement living both rented and shared ownership and shared ownership. This is regardless of whether the rents are charged at social or affordable.
[1] As at 15 March 2024
[2] Estimated at 6.4%
[3] Estimated at 4.5%
[4] As at 8 March 2024
[5] 492 households
[6] Up to 20% of all lets per year can go to those making Community Contribution “through work, volunteering or training.
Eligibility for Accommodation
Some of our accommodation is not available to everyone and certain eligibility must be met to qualify.
Bungalows and Retirement Living
Bungalows and Retirement Living will normally be allocated to a household where all household members of the household are aged 60+ or where one or more members of the household are disabled and need level access accommodation
Temporary Accommodation including Accommodation for Rough Sleepers
Temporary Accommodation is only available to households who are homeless and assessed under the Homelessness legislation.
Our Rough Sleepers properties are only available for those who have been assessed under the East Sussex Rough Sleepers Initiative.
Local Authority Housing Fund Properties
These properties were purchased using Government funding for Homes for Ukraine and Afghan Resettled Refugees. They can be allocated to Ukrainians who are homeless or at risk of homelessness in accordance with the Homelessness legislation or Afghan Resettled Refugees through the South East Strategic Partnership for Migration. Where no eligible households exist, with Homes England approval they may be converted to use for temporary accommodation.
Shared Ownership
Eligibility for shared ownership is set in accordance with the Government criteria in place at that time. Further information can be found at: Shared ownership homes: buying, improving and selling: How shared ownership works – GOV.UK (www.gov.uk)
Please also read in conjunction with our Allocations Policy:Housing Allocations Policy – Wealden District Council – Wealden District Council
Type of Tenancies offered by Wealden District Council
Prior to occupation a resident will be issued with:
- A tenancy agreement in for those who are renting a home from us.
- A licence for licensees (see pages 3/4 for details when a licence will be issued).
- A lease for shared owners
Other than for annual variations in rent and service charge, we will consult existing introductory and secure tenants in accordance with Section 103 of the Housing Act 1985 if we wish to change the terms and conditions of their tenancy.
The council currently provide the following types of tenancy:
Introductory Tenancy – if you have not held a tenancy with a council or housing association before you will be provided with an introductory tenancy before your secure tenancy, unless you are being housed because you are homeless (see non-secure). You automatically become a secure tenant after 12 months, unless we have either:
- started action to evict you
- extended your introductory tenancy for a further 6 months
Secure tenancy – Anyone who is transferring home either from us, another council or a Housing Association will get a secure tenancy. As well, as those who have satisfactorily served their 12-month introductory tenancy[1]. This is the most secure form of tenancy and often referred to as a lifetime tenancy. As Landlord, the Council needs to obtain a Court Order to end the tenancy.
Non-Secure Tenancies – Most non-secure tenancies are given by the Council when a homeless household is placed in temporary accommodation owned by the Council by virtue of Homelessness legislation.
If the council accepts a duty to re-house permanently then if the property is suitable for the family’s needs, they may be granted a secure tenancy at their current property otherwise they will be expected to bid under the Choice Based Lettings scheme for a suitable property. Once they are successful if it is another Council property, they will be offered a secure or an introductory to secure tenancy.
There may be other circumstances where the Council will issue a non-secure tenancy. Should this happen, a full explanation will be provided to the tenant as to why this form of tenancy has been granted.
Licenses – We will grant licences for lettings where there is not exclusive possession of a dwelling or part of a dwelling.
We will grant licences where an existing tenant moves temporarily because they cannot remain in their permanent home for reasons including:
(a) planned major repairs or improvements; or
(b) fire, flood, storm or similar events.
Fixed-Term Tenancies
The Council no longer grants new fixed-term tenancies and is in the process of converting existing Flexible Fixed Term tenancies to a secure tenancy.
Tenants who have an Introductory to Fixed Term tenancy will need to serve their introductory period first. At the end of the introductory period, the tenant will need to be surrender the Introductory to Fixed Term tenancy before the tenancy can be converted to secure can become secure.
Demoted Tenancies
If a secure tenant causes nuisance through antisocial behaviour, we can apply to court to demote the tenancy to a 12 month demoted tenancy. If successful, the tenant has reduced security of tenure during the probationary period. They do not lose their home and can regain their original tenancy after 12 months. In some cases, the demotion period can be extended to 18 months.
Changes to your tenancy agreement
Secure Tenancies (this also applies to Flexible Fixed Term tenancies)
The Housing Act 1985 sets out the process by which a social landlord can make changes to a secure tenancy:
Stage 1 – we must serve a Preliminary Notice, that must:
- inform the tenant of its intention to serve a notice of variation
- specify the proposed variation and its effect, and
- invite the tenant to comment on the proposed variation within a ‘reasonable’ time, which must be specified in the notice
The landlord must consider any comments made by a tenant within the period specified in the preliminary notice. There is no requirement to serve a preliminary notice where the variation relates to rent or service charges.
Stage 2 – Notice of variation
We must then serve the notice of variation itself which must specify the variation and the date from which the variation will take effect and must be at least four weeks or the rental period, whichever is longer. Along with the notice, we must provide information that we consider necessary to inform the tenant of the nature and effect of the variation.
Other tenancy types
Other tenancies/licences can be changed much more easily by giving notice and issuing a new tenancy. However, in reality because all other forms of tenure are limited in time, we would normally issue any amended agreement/licence to new tenants as they move in as opposed to making changes for existing occupiers.
Rights and Obligations
The rights and obligations of tenants/shared owners can be found in their tenancy agreement/lease. Further information can also be found at: Council housing: Types of tenancy – GOV.UK (www.gov.uk)
Right to Buy
Most council homes can be purchased through the Right to Buy, but some are restricted, such as retirement living/sheltered or those specifically adapted for people with disabilities. For more information, please go to:
Own Your Home | Right to Buy Scheme – Own Your Home
Non-secure tenants, Introductory tenants and licensees do not have the legal Right to Buy their property. Other tenants do once they have met the qualifying criteria. In order to qualify for the discount, they need to have been a tenant of a local housing authority for 3 years.
How can tenants end a Tenancy?
To end a tenancy a tenant must give the Council at least 28 days’ written notice (called ‘notice to quit’/Notice to end tenancy). This 28 days’ written notice must start on a Monday and end on a Sunday.
Only a tenant (as named on the tenancy agreement) can bring the tenancy to an end, unless a person has a Power of Attorney in place to deal with financial matters.
If a tenant is unable to end their tenancy for any reason and there is no Power of Attorney in place, then a suitable person needs to be appointed by the Office of the Public Guardian.
With a joint tenancy either tenant can give a Notice to Quit/ Notice to End Tenancy which has the effect of ending the tenancy for both joint tenants.
If a tenant has sadly passed away an Executor of their will can issue us with a Notice to Quit the tenancy. If there is no Executor, then the Council will serve a Notice to Quit upon the personal representatives of the late tenant at the property and send a copy of the Notice to Quit to The Office of the Public Trustee.
Rent will continue to be charged in all situations until the tenancy can be legally brought to an end.
Fixed Term Tenancies are ended at the end of the term, or any agreed break clause point as stated within the Tenancy Agreement. In order to surrender a Fixed Term early this request must be made in writing, giving a minimum of 28 days’ notice and carried out in negotiation with the Council.
Abandonment
Where we are satisfied the property has been abandoned, we will seek to repossess the property. We will only do this after a thorough investigation and are satisfied that the tenant(s) has ceased to use it as his or her only or principal home. Such recovery will be sought through the County Court if necessary.
[1] 18 months if it has been extended
Rent Levels
The Council has a supply of both social and affordable rented homes and each property when available for letting will clearly set out the rent and any service charges payable.
Properties do not switch between the two and the rent level is determined by when the property was built or purchased and how it was funded, with any property receiving any Government funding being set at an affordable rent. All our newly built or purchased properties (including those we have bought as second hand even if they were originally council homes and were then bought under the Right to Buy) are let at affordable rent. All rent types take account of the type and size of the property and the area in which it is in.
Our affordable rents are set at 80% of the market value or Local Housing Allowance rates if this is lower. Unlike social rent this cap also includes any service charges.
Social rents are historic and based upon a number of factors including size of the property and its location.
Shared owners will pay rent on the share of the property that they have not purchased. This will be in-line with the rent level charged for that property and could either be social or affordable rent.
All rent increases are inline with the Government’s Rent Setting Policy with annual increases each year from 1st April. In our Retirement Living shared ownership the lease sets out how rent levels are set. For Shared Ownership annual rent increases are set at 2.50% on the share that the council owns.
Lettings
All our homes when available are let through Choice Based Lettings, with a few exceptions but any exceptions are in line with our Allocations Policy (www.wealden.gov.uk/housingstrategiesandpolicies)
There are some homes which sit outside this framework:
- Local Authority Housing Funded homes – we have some properties which the Government funded for specific groups to occupy. There are currently two types that sit outside the framework:
- Those for Homes for Ukraine and these are let to Ukrainian households who are either currently homeless or at risk of homelessness. Households might apply to us directly as homeless, or they might be identified through another agency through the Homes for Ukraine partnership. This could be as a result of their host no longer being able to accommodate them. Because these households do not have Indefinite Leave to Remain in this country but are on time limited visas, additionally they may also be subject to the Homelessness legislation they get a non-secure tenancy. If there are no suitable households with Department for Levelling Up, Housing & Communities (DLUHC) permission, we can convert them to use by Afghan families or for temporary accommodation.
- Those for Afghan Refugees brought into the UK by our Government under one of the two Resettlement Schemes. We work with the South East Strategic Partnership for Migration who will put forward suitable families for these households – based on the size and needs of the family, we will then let the home directly to that household. These households receive an Introductory tenancy as they are given the right to stay in the UK.
- Accommodation for Rough Sleepers – we have a small number of properties which we received Government funding for to provide homes for rough sleepers. Across East Sussex we have a multi-agency partnership project to identify and support these households and when we have a vacancy the support provider will identify a suitable household. The household is then provided with tailored support, often multi-agency. They will be given a non-secure tenancy with the aim being to move on once they are ready, usually within 2 years to more independent accommodation: this could be with the council, a housing association or private rented.
Mutual Exchange
A tenant has the right to exchange their property with another tenant of this Council, another Council or a Housing Association. This is known as a Mutual Exchange. Non-secure tenants, Introductory tenants and licensees do not have this right.
Eligibility to carry out a mutual exchange is set out in the Housing Act 1985.Tenants need to make an application to carry out a Mutual Exchange. We have 42 days to make a decision as to whether the mutual exchange can go ahead, once all relevant paperwork has been received. During that time, we will have:
- undertaken an inspection of the condition of our property and carried out gas and electrical safety checks; We may also arrange a further follow up visit to check that any necessary works required have been completed.
- provided a reference of our tenant to their would-be new landlord;
- received a reference for the incoming tenant, including details of any rent arrears.
While we may approve the exchange, we may require the outgoing tenant to carry out works or repairs before the exchange can take place. An incoming tenant has to be sure they are willing to take the property in the condition it has been left as they will be responsible for decorative condition and repairs that are a result of tenant damage or misuse.
Once the Mutual Exchange has been approved, the tenants will need to sign a Deed of Assignment; this will need to be witnessed, and the document sealed.
Where a tenant has a Fixed Term Tenancy, the process differs slightly as the tenancy is surrendered and then re-granted rather than assigned. The Localism Act 2011 gives protection to existing tenants with “lifetime” tenancies so that when they move, they should be given a “lifetime” tenancy.
If an exchange takes place without our permission or before permission is granted, we may serve a Notice to Quit which will have the effect of ending the right to occupy the property.
Transfers
Secure tenant(s) will have the ability to transfer to other properties during the life of their tenancy and they will be processed in accordance with the Council’s Allocation Policy. Non-Secure, Introductory tenants and Licensees do not have the right to transfer home.
Although tenants are required to give 4 weeks’ notice to end their tenancy, when they are transferring, at our discretion we will consider a 2 week notice period.
Succession
Succession is the process by which a tenancy can be taken over by another person on the death of a tenant. Only one succession per tenancy is permitted.
For secure tenant/s who were granted a tenancy prior to 1 April 2012, provided that the deceased tenant was not a successor themselves.
- a qualifying successor is:
- the remaining joint tenant
or
- a tenant’s partner – either spouse or civil partner
- another qualifying family member of the tenant, provided that have occupied the accommodation as sole or principal residence for no less that 12 months prior to the tenant dying.
The Civil Partnership Act 2004
Schedule 8 Section 41 of the Civil Partnership Act has amended the Housing Act to allow succession to persons who have been living with the deceased tenant as a civil partner or as though they were civil partners. There is no requirement for a civil partnership to have taken place.
- For secure tenant/s who were granted a tenancy post 1 April 2012, a qualifying successor is:
- a tenant’s partner or spouse
In all cases evidence will be required that the successor has been living in the property as their sole residency for at least a year.
Where the tenancy is a joint tenancy, and the tenancy is put into the surviving tenants sole name following the death of the joint tenant, this counts as a succession. This means no further successions of that tenancy can take place unless the Council is instructed to put the tenancy in sole name by the Family Court.
Under Occupation after Succession to Tenancy
Regardless of when the tenancy was originally entered into by the deceased tenant, or of how long the tenancy has been held, a spouse or civil partner is the only successor who has the right to remain in the property regardless of its size. Any other family member with the right of succession can be required to move to a suitably sized property for their housing need.
If the property is found to be too large for the successor’s needs, the Council will provide suitable alternative accommodation. Please note: Ground 15A of the Housing Act 1985 Schedule 3 enables the Council to obtain a possession order against the successor tenant, to move a successor who is under occupying.
Adapted Accommodation and Succession
Ground 13 of the Housing Act 1985 Schedule 3 enables the council to move a successor who is occupying a property that contains major adaptions/purpose built. However, for adaptations, these should have been in place when the property was let to the deceased tenant.
Where there is no Right of Succession
Where there is no right of succession following the death of the tenant the Council will serve a Notice to Quit to bring the existing tenancy to an end. The Council retains the discretion to offer a new tenancy of the same property, or a new tenancy at an alternative property, to a family member left in occupation. We will take account of the individual circumstances, the needs of household members and the need to optimise the use of housing stock to meet housing demand.
Use and Occupation Charges will apply for any occupier that remains in the property once the tenancy has been brought to an end.
Tenants Incentive Scheme
The Council offers assistance to those that are under occupying their current council property to support them to move to a smaller home more suitable for the needs and size of their household. This includes financial and other assistance. Full details of the Tenants Incentive Scheme are available: Tenants Incentive Scheme 2024 onwards – Wealden District Council – Wealden District Council
Joint Tenancies – Including Changing a Tenancy from Sole to Joint
New Tenants
Since 1st October 2024 anyone allocated a council property will be granted a sole tenancy. This means that the tenancy will be in the name of the main applicant, as detailed in the Housing application.
Existing Tenants
Existing tenants can request that we put another person on the tenancy as joint tenant. We will only consider this request when:
- The person wishing to become the joint tenant is the sole tenant’s spouse or civil partner and have lived at the property as their sole or main residence for a period of at least 12 months before the request for a joint tenancy is made.
- The sole tenant has held the tenancy for at least 1 year.
Applications will not be unreasonably refused, but we will not allow joint tenancies to existing sole tenants if:
- the above conditions are not met;
- the existing tenant has an undischarged possession order;
- the existing tenant is not a Non-Secure, Fixed Term Tenant or an Introductory Tenant;
- the existing tenant has a notice of seeking possession in force or a notice to quit in force or expired;
- the would-be joint tenant holds a tenancy of another property;
- the existing or would-be tenant has been convicted of an offence that constitutes a breach of tenancy;
- there is sufficient doubt about the relationship being genuine;
- the would-be tenant is an owner occupier;
- the rent account is in arrears;
- there are other existing breaches of tenancy, such as anti-social behaviour, but where no legal action has been undertaken;
- if the applicant is someone from whom the sole tenant had previously suffered or fled domestic abuse or with whom the sole tenant had a previous joint tenancy dissolved.
If a joint tenancy is granted, this results in a new tenancy being created.
Changing a Tenancy from Joint to Sole
If one party to a joint tenancy dies, that tenancy will be subject to succession rules as laid out in section 6. If the surviving joint tenant has statutory or discretionary succession rights, the joint tenancy will become a sole tenancy through succession.
If one joint tenant leaves and wishes to give up their joint tenancy, each joint tenant should take legal advice about obtaining a Property Adjustment Order. Without this the only way for a joint tenant to end the joint tenancy is to serve a Notice to Quit on the Council. This has the effect of ending the tenancy for both joint tenants.
Advice and Support
We recognise that many of our tenants are vulnerable and could be disadvantaged in exercising their rights under this policy. We will offer advice and support to tenants if requested and/or if support needs are identified by us or we will direct them to other organisations for more specialised advice if we are not in a position to offer it.
Tenancy Fraud
The council has an active involvement in the National Fraud Initiative and is committed to preventing, detecting, and investigating all types of fraud. Tenancy fraud deprives families of homes, and we will take action where fraud is found.
Examples of tenancy fraud are:
- Subletting a property without the landlord’s permission for personal gain;
- Providing false information on your application for housing, for example:
- Claiming to have children when you don’t;
- Claiming to be homeless when you already own a property.
The council responds swiftly to all reports of unoccupied/abandoned and sublet properties. If tenants are found to be committing housing fraud, they could:
- lose their tenancy;
- lose their right to council housing in the future;
- be fined or sent to prison depending on how serious the fraud is.
The council will also seek to prevent the loss of its stock from fraudulent right to buy applications through a series of rigorous checks.
Tenant Incentive Scheme
The Council runs a Tenant Incentive Scheme (TIS) which aims to make best use of the resources that we have by addressing under occupation. It does this by offering tenants’ incentives (financial and practical) to move to smaller accommodation and thereby make larger homes available for those who most need it. Please refer to the TIS policy for further information.
Tenancy Support
The Council seeks to identify and ensure those that need help to sustain their tenancy receive it. Details about how we do this are set out in our Housing & Support Strategy.
We seek to minimise the number of evictions that are carried out by proving advice, support and signposting.
Equality and diversity
We aim to ensure that all our policies are fair and transparent and have been impact assessed according to our procedures and in accordance with legal requirements. Further information can be found at: Equality and Diversity at Wealden – Wealden District Council – Wealden District Council
Complaints
The Council operates a formal complaints procedure where customers can complain about any aspect of the service with which they are unhappy. For more information, please go to:
http://www.wealden.gov.uk/wealden/your_council/performance/customer_complaints_procedure.aspx
Monitoring and review
This policy will be kept under review and updated in light of any changes including legislative or regulatory changes.