Tenancy Management Policy

1. POLICY PURPOSE 

1.1 This Policy sets out to customer’s, colleagues and our partners, One Manchester’s approach to the granting of tenancies and tenancy management for its general need social housing properties/stock to include affordable rent, intermediate market rent and independent living.

1.2 The purpose of this policy to ensure One Manchester let their homes in a fair, transparent and efficient way and that One Manchester offer tenancies or terms of occupation, which are compatible with the purpose of housing accommodation, the needs of individual households, the sustainability of the community, and the efficient and best use of their housing stock. 

1.3 This Policy has been developed considering the One Manchester Corporate Plan and the objectives of Manchester’s Housing Strategy 2022 – 2032. 

2. POLICY SCOPE 

2.1 This Policy covers all general needs social housing properties owned and managed by One Manchester. This Policy does not apply to market rents, shared ownership, leaseholders or properties for outright sale. 

2.2 We let properties in accordance with the separate Allocations Policy. 

2.3 This Policy aims to: 

2.3.1 Provide clarity on the circumstances in which we will grant each type of tenancy. 

2.3.2 Offer tenancies which make the most efficient and best use of our housing stock, and which are compatible with the purpose of the accommodation. 

2.3.3 Make the best use of our stock to increase the number of people we are able to house. 

2.3.4 Enable quick and effective action to ensure communities remain safe and sustainable 2.3.5 Contribute to Manchester local authorities’ strategic housing function. 2.3.6 Ensure compliance with the Tenancy Standard. 

3. POLICY STATEMENT 

3.1 One Manchester’s approach is that assured tenancies will continue to be the preferred option for the majority of new tenancies. However, One Manchester also recognises that alongside this, the use of starter tenancies and in specified circumstances, the granting of fixed term tenancies is appropriate in helping us to achieve this Policy’s aims. 

3.2 We will comply with the regulatory requirement to maintain the security of tenure of existing customers with a lifetime tenancy and a social rent who transfer to another social rent home, by offering another lifetime tenancy. 

3.3 Any pre-existing contractual or statutory obligations will take precedent above this Policy. 

4. TYPES AND LENGTH OF TENANCY 

4.1 One Manchester will grant the following tenancies:

5. GRANTING OF FIXED TERM TENANCIES FOR GENERAL NEEDS PROPERTIES 

5.1 One Manchester will offer 12-month fixed term tenancies in the circumstances outlined above. A nomination process has been agreed with Manchester City Council to determine who is offered a fixed term tenancy when a property is specifically purchased through the Large Property Acquisition Initiative. 

5.2 Fixed term customers will not have the right to transfer, exchange, acquire or make improvements to their property whilst the tenancy is in place. There will be no right of succession to a fixed term tenancy. 

5.3 For Fixed term tenancies we will: 

• Follow up the initial sign-up process with a post tenancy support visit carried out within six weeks of the start of the tenancy. Subsequent visits will be agreed with the customer and be dependent on the individual needs. 
• Provide information, advice, and guidance in relation to benefit claims, income maximisation, employment support, and how to conduct the tenancy. 
• Work with agencies to ensure appropriate support is in place and that support is maintained. 
• Provide Housing Options advice as appropriate to support customers into longer term accommodation. 

5.3.1 Review at end of fixed term 

5.3.2 Two months before the end of the fixed term a review of the tenancy will be carried out to determine the appropriate course of action at the end of the tenancy. The following areas will be considered: 

• has the tenancy been conducted satisfactorily and in line withthe tenancy agreement obligations? 
• have the household circumstances changed from when the tenancy first commenced? 
• what is the condition of the property? 
• do the customer and/or any household members have any significant vulnerability or support needs that should be considered? 
• is the property due to be redeveloped or demolished within the next 12 months? 
• Does the customer still have leave to remain in the UK? 

5.3.3 As determined by the review, One Manchester will consider one of the following options and confirm the outcome to the customer in writing: 

• renewal of fixed term tenancy for a further 12 months – either at that property or an alternative property; 
• where appropriate make one offer only of suitable alternative accommodation; 
• ending of the fixed term tenancy.

 5.4 Alternative accommodation support 

5.4.1 Where a decision is made not to renew the fixed term tenancy and not to offer an alternative tenancy, assistance will be provided to the customer in registering for rehousing and the appropriate priority will be awarded in line with our Allocations Policy. The customer will be provided with housing options advice by One Manchester colleagues to assist them in securing suitable alternative accommodation. 

5.5 Appeals 

5.5.1 Customers will have the right to appeal the following decisions: 

• a decision not to grant a renewal of the fixed term tenancy; or 
• a decision to grant/offer a type of tenancy and/or length of tenancy. 

5.5.2 Any appeal must be made in writing (email or letter) within one month of the decision. 

5.5.3 The appeal will be dealt with by an One Manchester Director or Head of Service not involved in the original decision.

6. PRE-TENANCY ASSESSMENTS 

6.1 To support tenancy sustainability, we will work with potential customers (applicants) from the point of an offer being made (including mutual exchanges, successions, and assignments) to ensure they are able to manage a tenancy by reviewing the following: 

6.2 Vulnerability risk assessments: We will carry out a risk assessment with all applicants to identify any support needs. Where a need is identified a referral will be made to appropriate agencies. 

6.3 Affordability assessments: All applicants will be expected to complete a full affordability assessment including providing proof of income, expenditure and any debts. Where it is demonstrated that the applicant is unable to afford the tenancy, the offer of accommodation may be withdrawn. 

6.4 References: All applicants will be expected to provide appropriate references which evidence that they are able to maintain a tenancy.

6.5 Pre tenancy rent payment: Where a new customer has any rent to pay (excluding housing benefit costs) they will be expected to pay the first instalment of the payable rent due once the account has been created.

6.6 Benefit Claims: Where a new customer is eligible to claim Housing Benefit or Universal Credit, they will be required to provide all relevant information to support a claim when signing for the tenancy. 

6.7 Direct Debit: All new customers with rent to pay will be expected to pay by direct debit. We will provide support in setting up bank accounts. 

6.8 Right to Rent Checks: For any allocations made under One Manchester’s Allocations Policy all adults in the moving group must have the right to rent in the UK. 

6.9 Withdrawing an offer: If an applicant fails to provide all relevant information or following investigation it is in our opinion that a tenancy is not sustainable, we will withdraw the offer of accommodation. We may also withdraw any offer of accommodation if the applicant refuses to pay the first instalment of the payable rent due. All tenancy checks and support will be provided considering One Manchester’s Adults at Risk of Harm Policy and the framework within it.

7. SUCCESSION FOR ASSURED TENANCIES 

7.1 Succession is a term used to describe the process whereby a partner, including spouse, civil partners, or relative take over the tenancy following the death of the tenant. The person who takes over the tenancy enjoys the same rights as the previous tenant and is referred to as a ‘successor’. 

7.2 There can be only one succession in law. This means once a person becomes a successor, there can be no further succession upon their death. 

7.3 A tenant is a ‘successor’ for the purposes of this Policy if they: 

1. are a person who was a joint tenant and have become a sole tenant under the rules of survivorship; or 
2. are a person in whom the tenancy was vested under Section 17 Housing Act 1988; or 
3. fall within the definition of successor set out in Section 17(3) Housing Act 1988; or 
4. became the tenant under the will or on the intestacy of a former tenant of the premises; or 
5. were granted the tenancy under a right of succession granted by OM under any tenancy agreement; 
6. became the tenant as a result of an assignment to a potential successor under any tenancy agreement; 
7. became the tenant as a result of a Court Order under Section 24 of the Matrimonial Causes Act 1973 and the other party to the marriage was a successor; 
8. or became the tenant under the right to exchange and was a successor under a previous tenancy. 

7.4 The right to succession is either statutory or contractual: 

1. Statutory Succession – this is pursuant to Section 17 Housing Act 1998; 
2. Contractual – this is pursuant to the terms within the tenancy agreement; 
3. Discretion - will be authorised in specific circumstances, please refer to the Discretionary procedure.

8. ASSIGNMENT 

8.1 An assignment is the formal transfer of a legal interest in land. In a housing context, it is the transfer of an assured tenancy during the lifetime of the tenant.

8.2 An assignment does not mean that a new tenancy is signed but that the existing (original) tenancy is transferred to somebody else. 

8.3 One Manchester have three types of assignment: 

• assignment to pursuant to a tenancy clause, for example a potential successor;
• assignment in pursuance of a court order, for example matrimonial, civil partnership or Children Act proceedings;
• Mutual Exchange. 

8.4 In all cases, save where One Manchester receives an order from a court transferring the tenancy from the original tenant to their spouse/cohabitee following divorce proceedings pursuant to the Family Law Act 1996, the transfer of the tenancy (i.e. assignment) takes place following the signing of a Deed of Assignment being completed by both parties. At no stage should a new tenancy agreement be signed. 

9. MUTUAL EXCHANGE 

9.1 A tenant of One Manchester who wishes to mutually exchange their property with that of another tenant has the right to do so if the right is expressed in their tenancy agreement. 

9.2 One Manchester can refuse the request to exchange on the basis of the Grounds set out in Schedule 3 of the Housing Act 1985. No tenant can go ahead with a mutual exchange without the consent of One Manchester. Any tenant who does so without permission may be required to move back to their previous home and recharged for any costs. One Manchester can at its discretion provide conditional consent. 

9.3 One Manchester is a member of House Exchange.

10. TEMPORARY MOVES 

10.1 In housing temporary moves are often referred to decanting. At One Manchester we refer to it as temporary moves. It is the process where it is necessary for customers to move from their home to another place, on a temporary or permanent basis, due to: 

a) major improvement, investment or repair works; or 

b) an emergency such as a flood or fire, which has not been caused by the customer; or 

c) any other health and safety reason. 

10.2 With Temporary Moves One Manchester will take reasonable endeavours to: 

a) provide and where appropriate pay for emergency accommodation; 

b) provide the customer with the expected timescales; 

c) consult and involve the customer in any decision in relation to decant arrangements and any offer of alternative accommodation; 

d) work closely with the customer concerned to ensure One Manchester assess their individual needs and requirements to provide the necessary support throughout; 

e) pay the cost for storage of any of the customers furniture or goods as required during the process; 

f) ensure any temporary move period is kept to a minimum; 

g) work with the customer to ensure any benefits continue to be received; h) cover the cost of any standing charges for utilities and council tax in the customers’ main property; and 

i) offer rehousing advice and support to occupants or leasehold properties who are not the leaseholder; j) give priority rehousing status to any customer whose home is due to be demolished. 

10.3 Customers who move to a new are permanent home will not lose their security of tenure or preserved right to buy. 

10.4 Customers may be entitled to Home Loss Payments if they are displaced from a dwelling as a result of: 

a) compulsory purchase of the property; 

b) making of a housing order in respect of the dwelling (that is prohibition order under Part 1 of the Housing Act 2004 or a demolition order); 

c) redevelopment of land or improvement of any dwelling on land previously acquired or appropriated by; 

d) an authority possessing compulsory purchase powers and currently held by such an authority; 

e) redevelopment or improvement by a registered social landlord; 

f) making of an order for possession because the landlord (in the case of a secure tenancy) intends to demolish or redevelop the dwelling or carry out extensive work, or the area is to be sold and redeveloped. 

10.5 A customer does not qualify for a home loss payment unless they were in occupation of the dwelling as their only or main residence throughout a one-year period ending on the date of displacement, and that occupation must be as a result of an interest or right in the property. 

11. RELEVANT LEGISLATION & REGULATORY

11.1 This Policy complies with the following ( this is not an exhaustive list): 

• Land Compensation Act 1973; 
• Housing Act 1985 (as amended); 
• Housing Act 1988 (as amended); 
• Planning and Compensation Act 1991; 
• Human Rights Act 1998; 
• Equality Act 2010; 
• The Localism Act 2011;
• Tenancy Standard 2012;
• The Welfare Reform and Work Act 2016. 

12. COMPLAINTS 

12.1 If a customer is unhappy about a decision in relation to this policy, they should first follow our complaints process. If they are still not satisfied, they may then take the complaint to the Housing Ombudsman. 

13. RESPONSIBILITIES 

13.1 The Head of Neighbourhoods is responsible for ensuring this Policy complies with legislative requirements. Managers and colleagues who deal with the allocation and tenancy management of properties are responsible for implementing this Policy. 

14. EQUALITY IMPACT ASSESSMENT 

14.1 An Equality Impact Assessment (EQIA) has been completed and assessed. 

14.2 An affordability assessment can directly and indirectly discriminate against people with disability, pregnancy and maternity, retired people or younger people without experience struggling to find a job and people who are on low income or unemployed. 

14.3 One Manchester will ensure that this policy is applied fairly to all our customers. We will not directly or indirectly discriminate against any person or group of people because of a protected characteristic under the Equality Act 2010. 

15. MONITORING AND REVIEW 

15.1 Compliance with this Policy shall be monitored by Head of Neighbourhoods. We will review the impact of this Policy on customers with protected characteristics. 15.2 This Policy shall be reviewed as a minimum every three years. 

15.3 The Head of Neighbourhoods will be responsible for initiating a review of this Policy. 

16. CONTACT PERSON 

16.1 The Head of Neighbourhoods has responsibility for the effective delivery of this Policy. 

17. ASSOCIATED POLICIES AND DOCUMENTS 

17.1 Internal documents: • One Manchester Allocation Policy; 

• Anti-Social Behaviour Policy;
• Hate Crime Policy; 
• Domestic Abuse Policy;
• Damp and Mould Policy; 
• Equality, Diversity and Inclusion Policy; 
• Vulnerability Policy. 

17.2 External Documents: 

• Manchester Move Allocations Policy; 
• Manchester Housing Strategy (2022–2032).