Our commitment to you

We will give you a tenancy that meets the needs of your household. We will explain to you what you need to do to maintain that tenancy and how you can contact us to get help and support if you need it.

The tenancies we offer may differ, depending on the type of home you live in and your circumstances. In this policy we explain the different types of tenancies and the rights that come with them.

This policy also outlines what can happen to your tenancy when your life changes, such as getting married or a relationship breaking down, or on the death of a tenant.

 

Tenancy types

Assured tenancies

The majority of our tenants hold Assured tenancies. These enable you to stay in your home for the rest of your life, as long as you do not breach your tenancy conditions.

If you have an Assured tenancy which transferred from Peterborough City Council in October 2004, under Large Scale Voluntary Transfer (LSVT), and are eligible, you may have retained a contractual Preserved Right to Buy.

We continue to offer Assured tenancies (all new tenants will be offered Assured tenancies, following a satisfactory probationary period) in accordance with the Regulatory Standards Framework.

 

Assured Shorthold Tenancies

Most new tenants will complete a 12 month probationary period under an Assured Shorthold tenancy. When you successfully complete the probationary period, you will be automatically granted an Assured tenancy.

Assured Shorthold tenancies are offered for a specified period of time, and are a rolling weekly tenancy, granted for an initial term of one week and will continue from week to week thereafter. Either party can end the tenancy.

The Assured Shorthold tenancy will not be converted to an Assured tenancy if:

·         a notice has been served on the tenant,

·         possession proceedings have been commenced or

·         a decision has been taken to extend the length of the Assured Shorthold tenancy agreement by up to 6 months because of concerns about the conduct of the tenancy.

Tenancies for 16 and 17-year-olds are held in trust for them by an adult until they reach the age of 18. The trustee is not liable for the rent.

 

Affordable Rent Periodic Assured Tenancies

This term applies to tenancies which are offered up to 80% of the local market rent and includes the provision to undertake a review of your circumstances at any time after a five-year period.  At this review you must co-operate with us by supplying any information that is reasonable to request to undertake the review. We will then assess your circumstances based on affordability and the ongoing housing need of the household.

Our Affordable Rent Tenancies Policy details the criteria for assessing your ongoing need for social housing tenancies. The needs of the household will always take precedence over any affordability assessment. The assessment for housing need will place emphasis on:

•        The longer term needs of vulnerable residents

•        Avoiding disruptive changes to families with children

•        The longer term needs of older people

•        The requirements for people with long-term illness and/or disability

If, after the five year review, we decide that you may continue to occupy your home, you will be required to sign a new Affordable Rent tenancy agreement, following a review of market rents existing at that time. This will enable the rent charged to be recalculated to remain compliant with market rent legislation and the Affordable Rent scheme.

If, having reviewed your household’s circumstances, we believe that it is appropriate to terminate the tenancy we will give you at least six months’ notice in writing. You have the opportunity, within four weeks of receiving the notice, to ask that the for a review of that decision. We will help give you advice on finding alternative accommodation in the event we decide not to re-issue a tenancy.

The majority of our new-build properties are let as Affordable Rent tenancies, as part of our agreement with the Department for Levelling Up, Housing and Communities / Homes England to enable us to contribute to the supply of local affordable housing. We also offers Affordable Rent tenancies on existing re-let properties.

All Retirement Living, Retirement Housing and Extra Care properties are excluded from the Affordable Rent scheme.

 

Assured Shorthold Tenancy – Property Purchase Scheme (PPS)/ Mortgage Rescue Scheme (MRS)

These tenancies are very specific and are offered at local market rent and granted for an initial term of six months followed by a rolling weekly tenancy thereafter until brought to an end by either us or you.

You will not be able to assign the tenancy by way of Mutual Exchange but succession rights will be applicable.

We have a limited number of PPS and MRS tenancies and currently have no plans to increase these.

 

Medesham Homes Tenancy

Medesham Homes is a joint venture not-for-profit partnership between us and Peterborough City Council. These homes are exempt from the Right to Buy and Right to Acquire. However, if applicable, you may be able to exercise the Preserved Right to Buy or Right to Acquire for an alternative property. You may also be able to accrue ‘qualifying time’ whilst a tenant of the home in regards to both these rights, as long as they meet the required criteria. 

Except for the right to buy/acquire, these tenancies are offered as Assured Shorthold (for new tenants under the probationary period) or Assured.

 

Open Market Property Purchase Scheme

Where we have bought homes on the open market to increase the number of homes available we offer the tenants Assured Shorthold (for new tenants under the probationary period) or Assured tenancies. 

These properties are exempt from Right to Buy and Right to Acquire but the right may be exercised for an alternative property, depending on eligibility.

 

Licence Agreement

A licence agreement is used for short term accommodation e.g. temporary accommodation for homeless households. The agreement is for temporary use and occupation only and there are no rights of assignment, succession, right to acquire/buy.

 

Use and Occupation

A Use and Occupation tenancy is issued if you are moved by us from your current home, for reasons such as damage that makes your home temporarily uninhabitable.

You continue to be liable for the rent on your principle home, but should not be liable for rent, utilities or any charges for the temporary accommodation or facilities provided. Landlord and occupier rights and responsibilities replicate the licence agreement.

 

Mutual Exchange

If you hold an Assured, Assured Shorthold and Affordable Rent tenancy you have the right to exchange, subject to written consent from us and the landlords of the home you wish to move into.

You can access the Homeswapper website for free, to find suitable homes to exchange.

 

Right to Rent checks

The Immigration Act 2014 (part 3, chapter 1) places a duty on a landlord (or a tenant taking in a lodger) to carry out a right to rent check on each letting.             

The checks do not apply to any new letting or transfer made directly by or through the local authority (such as from the waiting list, via a nomination agreement or arising from a homelessness or social services duty)

We do have to carry out a right to rent check for each adult occupier of a home in the following situations:  

•             If you request a change in tenancy such as a Sole to Joint application or Succession where the successor is not already a joint tenant.

•             If you request an over 18-year-old adult occupier to be added to the household compliment.

•             Any direct allocation outside of the nomination agreements with the local authorities

•             Mutual exchanges for adult household occupiers (not the primary tenants)

 

Succession and assignment

Succession happens when a tenant dies. The only people who can automatically succeed a tenancy are joint tenants, spouses or civil partners, and partners who have been living at the property as their only or principle home for 12 months, and can evidence that they have been living as spouse or civil partner.

No succession rights will be granted to other household members. However, we do have the discretion, where appropriate, to consider granting a new tenancy of the same property, or a more suitable alternative property, to vulnerable household members.

We will look more sensitively and pragmatically at people staying in their existing property in the following situations:

If only under-occupying by one bedroom we will allow potential partners, siblings or children of the deceased tenant to remain, regardless of previous successions, provided:

•             The home has not been structurally adapted for a disabled occupant or is a bungalow if the successor is under 60.

•             They have lived in the property for at least three years with a genuine reason for being at the property.

•             There have been no arrears for 12 months and no court action commenced in the last three years.

•             There is an ability to pay the rent despite the under-occupancy.

•             No Anti-social behaviour caused by the occupants where they may have played a part.

•             No malicious damage or neglect caused to the home or access refused for tests or repairs in the last three years.

•             The home and garden are in good condition

•             There have been no tenancy issues where any member of the household may have played a part in any breach of tenancy.

•             Geographic location will also be taken into account e.g. a person would normally have to transfer under the current succession rules, but they currently live in a remote village/low CKH stock area and the likelihood is that we will not be able to find a suitable property for a long period of time.

Where people do not meet this criteria in its entirety we will give them 12 months to move and undertake to make at least one reasonable offer of a home within that 12 months.

Where people are in a property where they are under-occupying by 2 bedrooms or more then we will not allow succession to the property. We will undertake to rehouse them within 12 months and we will make them one reasonable offer to move. We will allow longer than 12 months where we have been unable to make a reasonable offer.

If people are under-occupying by two bedrooms or more and live in a remote location we undertake to rehouse them within 2 years and will make them a reasonable offer to move.

In circumstances where there is succession to the tenancy but not the property, a ‘use and occupation’ account will be created at the current address, until such time that a suitable property becomes available and a tenancy can then be created at that property.

 

Sole to joint tenancy

You may wish to become a joint tenant with a partner or other family member. We will normally only grant joint tenancies, in circumstances where you would have a legal right to the tenancy under succession and/or at our discretion, where it is deemed reasonable to grant it.  We will normally only grant it to the following:

•             Married couple/ civil partners.

•             Established partners – must be cohabiting for a minimum of 12 months and be their principle or only residency.

•             Close family members/close family member carers. Cross generational tenancies between family members may be considered, only where one party is a carer for the other.

•             The prospective joint tenant has the right to rent.

 

Joint to sole tenancy

Situations may occur when you no longer want to share a tenancy, such as a relationship breakdown. We have no legal right to transfer a joint tenancy to a sole tenancy. However, were everyone on the tenancy agrees to transfer to a sole tenancy, and we approve the change, it can be actioned by a deed of assignment or court order (e.g. Property Adjustment Order undertaken as part of divorce proceedings). Consent for a request from you to assign you interest of a tenancy to a remaining joint tenant will not be unreasonably withheld. A joint tenant assigning their interest of a property to an existing tenant, does not create a new tenancy.

 

Other tenancy changes

If you no longer wish to live together (e.g. relationship breakdown), either party in a tenancy may terminate the tenancy by serving a valid Notice to Quit. This will effectively end the tenancy for all tenants.  You must be aware that we have no legal obligation to grant any of the tenants a new tenancy in their sole name/s.  This has serious implications for you and we do not encourage this as a way of ending a joint tenancy. We encourage the use of joint to sole, and/or alternative measures to resolve disputes between tenants.

 

Demotion of Tenancy

Demotion of tenancy was introduced by the ASB Act 2003 and allows us to apply to the court to demote an existing secure tenancy to a less secure form of tenancy for up to one year (Demoted Assured Shorthold). This sanction can now be used along with other enforcement methods such as possession proceedings. If your tenancy is demoted, you lose certain rights, such as the Right to Buy and the Right to Exchange. Demotions of tenancy are designed as a last chance for you to improve bad behaviour and allow interventions to be considered by other agencies which could bring about improved behaviour.

 

Tenancy sustainment

Our Tenancy Sustainment team provide identified vulnerable residents appropriate levels of support ensuring they are clear on the contractual relationship they have with us as a landlord and are provided the best possible opportunity to sustain their tenancy, with legal action taken as a last resort. This may also include relevant signposting to address other suspected or confirmed support needs.

 

Social Housing Fraud

Social housing fraud is a criminal offence, and anyone found to have deliberately lied, provided false information, or withheld information as part of an application will not be accepted as an eligible applicant.

We take tenancy fraud very seriously and will take action to regain possession of homes wherever we find evidence of tenancy fraud. We carry out regular investigations to check that the correct people are living in our properties. The most common types of tenancy fraud include the following: 

Subletting - Where a tenant lets out their home without our knowledge and/or permission, and/or where it is contrary to the tenancy agreement. This is a criminal offence and we will seek to recover the property. We may also issue a profit order (where we seek to recover all profits made from the subletting). Subletting a property can also result in a prison sentence and/or a fine and/or both and a resulting criminal record.  

Not living at the property as their principal home - Where, contrary to the tenancy agreement, a tenant moves to live with a partner, but retains the property in case things do not work out and/or leaves their adult children living in the property, we will seek to recover the property.

Obtaining housing by deception - Where a person has obtained a CKH tenancy by giving false information, for example telling the local authority they are homeless when they are not, and/or lying about household members in their application. We will seek to recover the property, if it has been already acquired.

Falsely claiming succession - This is where a tenant dies and someone, who is not entitled to, tries to take over or succeed the tenancy. For example, they might say they lived with the tenant before they died, when in fact they were living elsewhere. We will seek to recover the property (in some cases where a vulnerable tenant remains, we may seek to offer suitable accommodation).

 

Further information:

Who is responsible for managing the Tenancy Management Policy?

The Assistant Director of Operations is responsible for the Tenancy Management Policy.

 

Legislation and regulation

This policy is written in accordance with the following regulatory and legislative requirements:

•             The Housing Act 1985, The Housing Act 1988, The Housing Act 1996

•             Immigration Act 2014 and the Right to Rent

•             Anti-social Behaviour, Crime and Policing Act 2014

•             Matrimonial Causes Act 1973

•             Matrimonial and Family Proceedings Act 1984

•             Civil Partnership Act 2004

•             Equality Act 2010

•             Prevention of Social Housing Fraud Act 2013

•             Localism Act 2011

 

Information sharing

Cross Keys Homes has an information sharing agreement with key agencies and contractors to share information in relation to the delivery of our services. Information shared must be relevant and the Data Protection Procedure adhered to when handling data. You can find more information about how we manage your data in our Transparency and Privacy Policy.

 

Monitoring and review

The Tenancy Management Policy was written and approved in December 2022 and will be reviewed every three years – next review December 2025.