Wealden District Council Tenancy Strategy Updated 2024

Map of Wealden

1. Introduction and Aims of the Strategy

2. Tenancy Types

3. Housing Advice and Assistance

4. Affordable Rents

5. Rent conversions, stock disposals and affordability

6. Succession Rights

7. Tenancy Fraud

8. Monitoring and review of this Strategy

Appendices:

Appendix 1 – Housing Register Breakdown by property size required

Appendix 2 – Homelessness – applications and those owned a main housing duty in accordance with the legislation

Appendix 3 – Use of Temporary Accommodation for Homeless Households

Appendix 4 – Turnover of Stock in Wealden

Appendix 5 – Local Housing Allowance Rates

Background

The Localism Act 2011 required Local Authorities to produce and publish a tenancy strategy by January 2013. Our first strategy was published in November 2012 and updated in 2017 and again in 2024.

The legislation requires that the Strategy must set out the matters to which the registered providers of social housing operating in the district are to have regard to in formulating policies, including:

1. The kind of tenancies they grant,
2. The circumstances in which they will grant a tenancy of a particular kind,
3. Where they grant tenancies for a term certain, the lengths of the terms, and
4. The circumstances in which they will grant a further tenancy on the coming to an end of an existing tenancy.

A bit about Wealden

• Wealden is the largest district in East Sussex covering 835 square kilometers.
• Half of its 163,012 population live in the five main towns of Polegate, Hailsham, Heathfield, Uckfield and Crowborough. The remaining                  population live in the 37 smaller and more rural parishes in Wealden.

• High Weald Area of Outstanding Natural Beauty and the South Downs National Park together cover some 60% of the district. In addition, there is the low Weald non-designated landscape area to the southeast and Pevensey Levels Site of Special Scientific Interest (SSSI) to the south.
• Wealden also has 41 conservation areas of which 8 of these are located within and managed by the South Downs National Park Authority.
• Wealden has an ageing population, with the most significant growth of those aged 85+ which is due to increase by 72% between 2023 and 2043[1].

Social Housing in Wealden

As at 2021 Census there were 68,267 properties in the district, of which 77% of these are owner-occupied which is higher than the national average of 61.3%, but a smaller private rented sector at 13.1% compared to 20.5% nationally as well as a smaller social/affordable rented sector at 8.4% compared to 17.1%[2].

The Council continues to own and manage its own housing stock of just over 3,000 homes. In addition, there are just over 3,200 housing association rented homes in Wealden.  The stock is made up of retirement living housing, flats/masionettes, bungalows and houses, with some specialist housing provision including extra care and accommodation for people with learning difficulties.

With increasing demand for social housing (see Appendix 1) it is essential that there is a clear framework that sets out how residents qualify for social housing, how we prioritise residents for rehousing, and how we let social housing in the district. We have therefore recently updated our Housing Allocation Policy and keep this under consistent review.

Aim of the Strategy

The Strategy aims to make sure the current and future housing needs of Wealden’s local community is met. However, it also recognises the opportunities and constraints within which Registered Providers operate.

Underlying Principles:

The Council expects all social housing providers operating in the district to:

• Support the delivery of Wealden District Council’s Council Strategy, Housing and Homelessness Strategies.
• Where financially viable to develop new social housing in the district including both social and affordable rent.

• Offer new tenants the most secure tenancy possible in line with existing legislation.

• Make the best use of their available housing stock. Including through reducing overcrowding, tackling under-occupation and making the best use of adapted housing for those with a disability. This includes by actively supporting and promoting mutual exchanges, as well as transfers and considering other innovative ways to tackle these issues.
• Meet local housing need for housing applicants through providing a range of types of properties across the district (including as part of new developments) and ensuring these are let through Choice Based Lettings and in accordance with the Council’s Allocations Policy
• Make sure the needs of vulnerable people are met through the provision of specialist accommodation where this is commissioned by us or East Sussex County Council.

• Providing tenancy sustainment to reduce the number of evictions – this should include identifying and supporting those tenants needing help.
• Provide advice and assistance to tenants throughout the lifetime of their tenancy whether inhouse or through commissioned services.
• Prevent homelessness and support rough sleepers off the street by working with us to deliver accommodation options for homeless households and rough sleepers.
• Refer tenants to external services, seeking to achieve positive outcomes for tenants e.g. Sanctuary scheme or Citizens Advice.

Work in partnership this includes attending East Sussex Management & Standards Forum.

[1] Based on 2021 Census data using Trend based projections. Taken from East Sussex in Figures.

[2] East Sussex in Figures

Background

The Localism Act 2011 for the first time gave Local Authorities and Housing Associations (known as Registered Providers) the ability to offer in addition to their current tenancies, fixed term tenancies, usually for 5 or more years (2 years in exceptional circumstances).

Although many social landlords operating in the district chose to adopt Flexible Fixed Term Tenancies, many like us, have now ended their use.  

Key Principles

We expect all Registered Providers to:

• Provide all tenants with a tenancy agreement that clearly sets out their rights and responsibilities.
• Develop and publish a Tenancy Policy – this must set out the circumstances for granting a tenancy of a particular type. Where any appeals against a decision exist the Tenancy Policy must also set these out.

We support the use of secure and assured tenancies to provide security to tenants allowing them to invest in their homes and community. However, we appreciate that some providers will continue to use Fixed Term Tenancies.

In granting a Fixed Term Tenancy we expect the Registered Provider to consider the needs of the tenant and for those going into sheltered housing/retirement living or extra care housing whose housing needs, unlike other client groups are unlikely to change (and if they do, they will probably be better met by specialised housing such as a nursing home).  Giving sheltered housing/retirement living and extra care tenants fixed term/ tenancies would create unnecessary administration, expense and upheaval/uncertainty for the household we therefore expect them to be granted an assured tenancy.  

In granting a fixed term tenancy in accordance with the legislation we expect the

minimum length to be 5 years (excluding any probation period given through starter tenancies) and that tenancies for less than 5 years are only used in exceptional circumstances in line with the Localism Act. This is because they may have a detrimental impact on social or community sustainability and on the individual tenancy. The Registered Provider must have a clear policy in place setting out when tenancies of less than 2 years will be granted.

In granting a fixed term tenancy we favour having one tenancy length for all tenancies regardless of the household make-up to ensure equality, transparency and consistency.

At the end of a Fixed Term Tenancy the Registered Provider must provide advice and assistance, for example on finding alternative accommodation e.g. buying a home or renting privately if no new tenancy is being granted.

The Registered Provider must also publish a clear policy setting out under which circumstances each of the following will apply:

1. grant a new fixed term tenancy at the same property
2. seek possession of the current property but provide another fixed term tenancy at a different property;
3. Seek possession of the current property without offering an alternative property

We do not wish to be prescriptive on the factors that Registered Providers should have regard to in deciding whether to end or renew a fixed term tenancy. However, we expect them to:

• Adopt and keep under review a Tenancy Policy which must detail the circumstances in which a tenancy will be renewed or ended.
• Undertake tenancy reviews at least six months prior to the end of the fixed term period. This gives the tenant adequate time to find alternative accommodation if their current tenancy is to be ended. It also provides sufficient time for the Registered Provider to provide help and support to a tenant looking for a new home.
• In deciding whether to grant a new tenancy have regard to the fact that social housing is a scarce resource in Wealden and should be made available to those with housing needs that cannot be easily met elsewhere within the wider housing market.
• Take all reasonable action to reduce the risk that any displaced tenants do not become homeless by providing advice and assistance with move-on accommodation.

Additionally, we feel that there are certain circumstances under which a Registered Provider, after review of individual tenancies, may consider seeking possession/not issuing a new tenancy either at the same property or elsewhere These are:

1. Where a household is under occupying and possession would provide an opportunity to make best use of the property in question, and suitable alternative accommodation is available.
2. Where there are significant breaches of tenancy which would usually warrant ‘outright possession’ and where eviction proceedings are already underway.
3. Where there is an adaptation that is no longer required and possession would provide an opportunity to make best use of the property in question, and suitable alternative accommodation is available.
4.  Where the property is not suitable to meet the needs of the tenant and a suitable alternative property is available for their occupation.
5. Where a tenant’s financial circumstances have changed significantly to enable the tenant to secure a home in the private sector whether through renting or homeownership (including shared ownership).

Background

All tenants must receive clear and consistent information:

1. At sign up, regardless of the type of tenancy they are being offered including on how their tenancy could be ended and the terms of any fixed term tenancy even when a starter/introductory tenancy is being issued. This includes their rights and responsibilities.
2. When seeking to end their tenancy including through mutual exchange or a transfer.
3. If their tenancy is not being renewed in the case of a Fixed Term Tenancy. This includes whether they are being offered a new tenancy at another property or not.
4. Where their tenancy is at risk due to a tenancy breach for example for rent arrears or Anti-Social Behaviour.
5. When they are experiencing overcrowding or under-occupation or need adaptations.

Advice and assistance is essential to avoid an increase in the use of the Council’s housing advice services and homelessness and ensuring that the best use is made of all social housing properties across the district.

Key principles

We expect all Registered Providers to:

• Provide advice and assistance to the household throughout their tenancy.
• Employ suitably skilled/trained staff to provide advice and assistance.
• Ensure advice and assistance is provided in a timely manner.
• Ensure advice and assistance is tailored to the needs of the household.
• To make appropriate referrals to other agencies to ensure households can access the best service to meet their needs.

The Council expects Registered Providers to play a proactive role in advising tenants appropriately and these processes should be written into their Tenancy Policy. In addition, ensuring regular contact with tenants is essential through utilising all opportunities such as tenancy or property visits to ensure advice and assistance is provided when needed.

Advice should be given to all tenants and not reliant upon them requesting it. Any information must be accessible having regard to the needs of the customer and any reasonable adjustments made to meet their individual needs in line with the Equality Act.

Registered Providers should also ensure vulnerable tenants receive appropriate support, this may include making a referral to other agencies such as BHT for Housing Support or Adult Social Care.

Registered Providers should ensure that tenancy reviews are undertaken at least 6 months prior to the end of the fixed term/flexible tenancy. It is essential during the review that appropriate advice is given, move-on accommodation is facilitated and additional casework for the Council’s homelessness and housing options team is avoided

Background

We appreciate that Registered Providers need to deliver homes that are financially viable having regards to grant levels and the rental income that can be levied. However, we encourage them and developers to consider a range of affordable housing options, in line with our Local Plan when building new homes. We also expect them to discuss with us local housing needs to ensure the delivery of homes that are affordable and meets the needs of those requiring housing in the district.

Key Principles

The council encourages Social Rent wherever this is financially viable. However, where affordable rents are used, they should:

• Meet the needs of eligible households including being available at a cost low enough for them to afford, determined with regard to local incomes and local house prices.
• Include provision for the home to remain at an affordable price for future eligible households.
• Be set at a rent that is at the maximum LHA rate if this is lower than 80% of the market rent.[1] 
• Not subject households on the housing register to an affordability assessment which is then used to exclude them from being accepted for a nomination.

We expect any household accepted onto our Housing Register to be able to access and afford any property that becomes available suitable for their household size and needs. We are concerned that because of the high market rents in the district even at 80% many households on the housing registered cannot access them. Although current grant levels mean that most new social homes will be set at affordable rents, we encourage Registered Providers to explore innovative solutions to keep rent levels as low as financially viable. In setting rent levels the provider should also consider any service charges that the household will also be expected to pay and the 80% market rent level cap must include all service charges.

We do not support the use of rent in advance or deposits as these exclude some eligible households from accessing social housing.

We encourage Registered Providers to work with low-income households to explore how they can be supported to improve their financial situation whether through employment support, benefit maximisation, budgeting or other means.

We expect Registered Providers to accept our nomination/s for available properties and to work with us to deliver our Allocations Policy. These households have been subject to assessment to ensure that they meet the eligibility requirement of our Allocations Policy and should not be subject to further vetting.

[1] See Appendix 2 on the current Local Housing Allowance Rates or visit: Search for Local Housing Allowance rates by postcode or local authority : DirectGov – LHA Rates (voa.gov.uk)

Background

The majority of new build rented affordable housing will now have rents of 80% of market rent due to grant levels and conditions.

Registered Providers also have the ability to convert existing social rented properties to the new affordable rent model, when properties become vacant, and to dispose of stock. In most cases conversions and disposals will be necessary to provide viability of the Registered Providers current and future development plans.

Key Principles

The Council understands the need of Registered Providers to build new homes at affordable rent and as necessary to convert existing housing stock to affordable rent models to generate funding to build new homes. However, when letting properties at an affordable rent Registered Providers should adhere to the principles set out in Chapter 4. When converting properties let at social rent to affordable rent Registered Providers must:

• Homes must remain affordable – meaning those in housing need/on the housing register can access them.
• Avoid concentrating rent conversions to particular areas of the district – particularly in the rural areas where affordability is likely to be acute.
• Ensuring sustainability of the individual tenancy and the community.
• Ensuring the rent is set at the maximum Local Housing Allowance rate if this is lower than 80% of the market rent.[1] 

In disposing of any social housing stock Registered Providers must:

• Dispose of stock to another Registered Provider.
• If the Registered Provider will still have stock in Wealden, it must reinvest the income received from the disposal in the purchase or development of affordable housing. 

Registered Providers should have transparent strategies for identifying voids for affordable rents and properties for disposal. We expect them to work with us in order to agree areas for such conversions and/or disposals. Work that we undertake may identify areas where affordable rents would not be affordable, and we would expect Registered Providers to work with us to develop local lettings plans to ensure our communities are sustainable.

We will only support the disposal of stock on the open market if there is a good business case for doing so and in all instances the Registered Providers purchases another property to replace it.

[1] See Appendix 2 on the current Local Housing Allowance Rates or visit: Search for Local Housing Allowance rates by postcode or local authority: DirectGov – LHA Rates (voa.gov.uk)

Background

Succession is the process by which a tenancy can be taken over by another person on the death of a tenant.

1. For assured tenant/s who were granted a tenancy prior to 1 April 2012, a qualifying successor is:

• a tenant’s partner – either spouse or civil partner
• another qualifying family member of the tenant
• the remaining joint tenant

provided that the deceased tenant was not a successor themselves.

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.

2. For secure tenant/s who were granted a tenancy post 1 April 2012, a qualifying successor is:

• a tenant’s partner or spouse in occupation at the time of death.

provided that the tenant was not a successor themselves.

However, the Localism Act gives social landlords powers to grant additional succession rights.

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 Registered Provider will provide suitable alternative accommodation. Please note: Ground 15A of the Housing Act 1985 enables the Registered Provider to obtain a possession order against the successor tenant, to move a successor who is under occupying. Ground 13 of the Housing Act 1985 Schedule 3 enables the Registered Provider 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. 

Key Principles

We expect Registered Provider to:

• Produce and Publish a Succession Policy or have details within their Tenancy Policy setting out any additional succession rights above those set out in legislation.

We expect Registered Providers to make their policy on succession clear and accessible, taking into account the needs of their tenants or future tenants and their responsibilities under the Equality Act 2010.

In formatting their tenancy policy Registered Provider should have due regard to legal requirements as set out in the Background at Page 16). As well as securing an outcome that ensures the best use of accommodation and prevents homelessness.

Background

The vast majority of social housing tenants do not commit tenancy fraud. However, we want to ensure that Registered Providers protect the precious

resources of social housing in the district by providing social housing to residents

who are genuinely in need of this. This means that tenancy fraud needs to be prevented where possible and tackled where it does occur.  

The Council has a rigorous process and procedure in place to detect and tackle any fraudulent housing applications. However, Registered Providers need to ensure that they support us to tackle tenancy fraud after the housing application stage, from nomination onwards.

Key Principles

We expect Registered Providers to

• Take action to prevent and tackle tenancy fraud

• Develop robust, clear and accessible policies/procedures and
• Use the powers available to recover homes, and working in partnership with the Council where appropriate

In addition:

• Any homes recovered through tenancy fraud should be relet through Choice Based Lettings

Registered Providers must develop a range of strategies for identifying tenancy fraud in their housing stock. This could include tenancy or property audits, working with contractors, ways for residents to report suspected tenancy fraud etc. 

We expect Registered Providers to send a clear message in their communications with tenants that they tackle tenancy fraud – this could be done in a number of ways including but not limited to information on the website, tenant’s handbook information, newsletters, social media etc.

Monitoring

This Strategy is designed to sit below and complement the East Sussex Tenancy Framework. The East Sussex Tenancy Framework will be monitored by the East Sussex Housing Partnership Board and its sub-groups both through statistical analysis and qualitative information.

This strategy will be monitored in a number of ways including data analysis, which will cover the following areas:

• Housing Register and Homelessness statistics
• Tenure changes through stock profiling
• Percentage turnover of stock

Review

We will review this strategy at least every 5 years, updating it as necessary.

Source: Locata as at 8 March 2024

Source: Locata

Source: Locata

Source: Locata

Source: Locata – Choice Based Lettings System

RP stock – is a guestimate