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Flexible Tenancies. Linda Ellen – Head of Tenancy and Estate Management 1 September 2011. What is a flexible tenancy?. Currently, secure council tenants have a weekly tenancy As long as they do not breach the terms of their tenancy they can stay as long as they like
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Flexible Tenancies Linda Ellen – Head of Tenancy and Estate Management 1 September 2011
What is a flexible tenancy? • Currently, secure council tenants have a weekly tenancy • As long as they do not breach the terms of their tenancy they can stay as long as they like • A flexible tenancy is offered for a fixed term • At the end of that fixed term, the council could: take the property back if they wanted to offer an alternative bigger/smaller property find that the tenant is no longer eligible for our help
Background Under localism proposals: • Landlords will be required to have a tenancy strategy • Including whether they will use flexible tenancies • If so then what will these look like • Reasons for deciding this
Why have flexible tenancies been proposed? • Increasing pressures on social housing • Need to make the best use of that housing • Lots of people living in properties that are too big/ unsuitable for them but we cannot make them move • Some people who need social housing to start with but their circumstances improve after a few years • The overall aim is to give councils more freedom to make better use of their housing stock to meet genuine housing need.
Will it affect existing tenants? • No – existing tenants will keep their security of tenure • If an existing tenant moves to another council property they will keep their security of tenure • If an existing tenant moves to housing association property they will keep their security under an assured tenancy • If the council decide to use flexible tenancies then these would only be for new tenants.
Timescales • The consultation finishes on 29 September 2011 • The Localism Bill should go to parliament late 2011 • Flexible tenancies would then come in from 2013 • During 2012, the council will need to decide whether it wants to use the power to grant flexible tenancies – it will be a power – not compulsory
What would a flexible tenancy look like? • Original proposals were that the tenancy must be for at least 2 years but this could be increased to 5 years following consultation • Different terms could be offered to different groups –people going into retirement housing might have a weekly tenancy but families be offered fixed terms for example • Reviews would need to be carried out 6 months before the end of a fixed term to decide whether the household could stay, transfer or be asked to leave
What rights will a fixed term tenant have? • A flexible tenancy will have many of the same rights as a secure tenancy • This includes security of tenure (while the fixed term lasts) • It also includes right to buy, the right to exchange (their fixed term would continue at their new home), succession rights (spouse or partner), the right to take in lodgers, to have repairs carried out, and to be consulted.
What do you think • Do we want flexible tenancies? • Do you think they are a good idea? • If yes – How long do you think a fixed term should be? • If yes – What criteria should we use when reviewing a tenancy? • If no – Why not?
If you would like to know more….. • The following websites offer a range of information on Flexible Tenancies and the new Localism Bill. • www.housing.org.uk • www.communities.gov.uk • www.cih.org 1 September 2011
