| Who looks after this policy: | Head of housing |
| Who approved it: | Leadership team |
| When was it last reviewed: | October 2024 |
| When is the next review: | October 2027 |
Introduction
B3 Living Limited’s (‘’B3Living’’, ‘’we’’, ‘’our’’, or ‘’us’’) mission is to make a sustainable, positive change to housing provision for our customers and our communities. This policy establishes the framework for managing and monitoring tenancies at B3iving. It sets out the legal obligations that influence how we will respond to and deal with tenancy management issues. B3Living will ensure that this Tenancy Management Policy is open, transparent, and as easy for customers to understand as possible. This policy will support the delivery of our ‘Better Futures Strategy 2024-2027’.
This policy relates most closely to the following two (2) key strategic themes from
the strategy:
► Excellent customer experiences
► Safe, good quality homes and estates…. creating pride in our communities
2.1 This policy relates to all social and affordable rent properties, which includes the
following types of tenancy agreement:
► Assured shorthold (starter tenancy)
► Assured non-shorthold
► Assured non-shorthold (preserved rights)
► Assured shorthold fixed term tenancy
2.2 This policy will apply to all B3Living customers granted the above tenancy agreements and will cover:
► Tenancy commencement (section 4.1)
► Tenure type (section 4.2)
► Tenancy changes (section 4.3)
► Tenancy sustainment (section 4.4)
► Tenancy enforcement (section 4.5)
► Tenancy termination (section 4.6)
► Tenancy complaints and appeals (section 4.7)
2.3 This policy does not apply to leaseholders (including shared ownership), nor commercial properties.
2.4 This policy may briefly mention many of the below policy areas, although this policy does not provide comprehensive policy information on the following:
► lettings and allocations, including mutual exchange and management
transfers (please refer to the Allocations Policy)
► abandonment and tenancy fraud (please refer to the Abandonment and
Tenancy Fraud Policy)
► decants (please refer to the Temporary Re-Housing of Customers Policy)
► hoarding (please refer to the Hoarding Policy)
► garages (please refer to the Garages Applications and Lettings Policy)
► adaptions (please refer to the Adaptions Policy)
► antisocial behaviour (please refer to the Antisocial Behaviour Policy)
► domestic abuse (please refer to the Domestic Abuse (Residents) Policy
2.5 Refer to Appendix 1 ‘Glossary’ for a definition of key words and phrases used throughout this policy.
3.1 The aim of this policy is to set out how we manage the ‘tenancy lifecycle’ from the
point at which a tenancy is granted, through to when it ends, and the key stages
during its lifespan.
3.2 The key objectives of this policy are:
► to set out how tenancies will be managed across B3Living.
► to ensure that tenancies are managed legally and without prejudice, to offer
advice and support to customers and guidance to colleagues when making
decisions.
► to outline B3Living’s statutory and regulatory responsibility in dealing with
tenancy management.
► to support and complement B3Living’s overall approach to the reduction of
antisocial behaviour in our communities.
► to support tenancy sustainability through regular support, especially during
the early stages of a tenancy.
► to achieve sustainable communities and be part of a balanced approach
to increasing community confidence.
► to work with the local authority and other partners to meet customer
priorities across our communities.
► to work with local authorities and other partners in tackling tenancy fraud.
The right to assign is limited. B3Living will grant assured (non-shorthold)
tenants the right to assign their tenancy to someone who would be entitled
to succeed their tenancy, as follows:
► married partner
► civil partner
► partner living as if they were married, or civil partner, if they can prove
they have lived at the property for at least 12 months.
► an immediate family member: parent, grandparent, child, grandchild,
brother, sister, uncle, aunt, nephew or niece, but will be assessed
depending on rights within the tenancy agreement.
The reasons why B3Living may refuse a request for assignment include the
following:
► where there has already been a succession (including successions by
survivorship) or assignment unless there is a court order directing us to
do so.
► where there are outstanding rent arrears or debt owed to B3Living either
on the current account or that owed by the applicant.
► where legal proceedings of any kind have been initiated against the
tenant or there are other known tenancy breaches.
► where the applicant has no recourse to public funds or right to remain in
the UK.
► where the applicant would not qualify to join the Local Authority housing
register.
► where the applicant has ownership of any other property that they could
reside in or has another tenancy.
► where the property is not suitable e.g. under occupied or adapted.
For those customers on a fixed term tenancy agreement, the applicant will
only take on the remainder of the fixed term tenancy.
Each request will be considered on a case-by-case basis. Customers have a
right to appeal if they are unhappy with our decision. Please refer to section
4.7 (Tenancy complaints and appeals).
4.3.4 Successions
A succession can only take place where one or both tenants has died and just
one succession will be granted per tenancy. There are five (5) main types:
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I. Survivorship succession: An automatic and immediate transfer of the tenancy
to the remaining tenant following the death of the joint tenant. This is a
statutory right which is protected in law irrespective of the tenancy type. In
these instances, any arrears or credits will pass to the surviving tenant.
This is counted as an act of succession and therefore no further automatic right
of succession exists.
Where the property is underoccupied, there are no grounds to require the new
tenant to move to suitable alternative accommodation, however, an offer of
alternative suitable accommodation to allow best use of stock will be made.
II. Statutory succession: This is the transfer of a sole tenancy to the tenant's
partner, or immediate family member, following their death. For tenancies that
predate April 2012 and the Localism Act 2011, the family members who are
entitled to succeed are a person’s parent, grandparent, child, grandchild,
brother, sister, uncle, aunt, nephew or niece, as listed in s113 of the Housing Act
1985.
After April 2012 and the Localism Act, the statutory succession rule stipulates
that only a spouse or partner may succeed unless the landlord has conferred a
further right in the term of the tenancy agreement.
All B3Living customers who transferred from Broxbourne Borough Council in
2006 and were given a periodic assured tenancy, received preserved rights,
which included the right to a single succession for immediate family members.
However, for succession to take place, the following eligibility criteria must be
satisfied:
► the potential successor must have occupied the tenant’s property, as their
principal home, during the 12 months immediately before the tenant’s death.
► the tenant was not a successor themselves.
Where there is more than one qualifying member, we would usually expect the
family to decide who that would be. If no agreement can be reached, all
individual claims will be assessed, and the decision taken by B3Living.
III. Contractual succession: B3Living will be guided by the tenancy agreement
when approving an application for succession. In some circumstances, B3Living
may have provided enhanced succession rights in the tenancy agreement. This
only applies to a sole tenancy, following the death of a tenant, and the transfer
can only be to a qualifying individual.
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Where a tenancy is granted in these circumstances, the tenancy will be a new
tenancy and not a succession, and any rent arrears or credits will not pass to the
successor as they belong to the estate of the deceased.
IV. Devolution by will or intestacy: Where the tenancy is passed by a sole tenant
to a designated individual through their will, or to their next of kin through
intestacy. The claimant must meet the succession criteria. Devolution will not
transfer the security of tenure of a secure tenancy so there can be no further
successions.
V. Discretionary succession: B3Living withhold the right to grant a new tenancy
to an individual following the death of a sole tenant where there is no right to
succeed, contractually or otherwise. This may be applied to any tenancy type.
4.3.5 Best use of stock
Succession is to the tenancy and not the property (except in cases where one
joint tenant dies). Therefore, as a matter of discretion, B3Living may choose to
offer alternative accommodation to ensure appropriate utilisation of our housing
stock, for example, if we feel that the property is too large for the successors
needs and/or where a property has been adapted.
In the event where we offer alternative accommodation, but the successor
refuses to move into it, we will seek to take action, if necessary, through the
courts to seek a possession on the basis that appropriate alternative
accommodation has been offered.
In the event where there are no succession rights and there is a refusal to vacate
the property following the death of the tenant, B3Living will act, if necessary,
through the courts to seek an order for possession for unlawful occupation.
4.3.6 Exceptions
Where the death of a tenant leaves someone in the property who is not eligible
to succeed the tenancy, B3Living, as a matter of discretion and in conjunction
with the local authority, may choose to allow them to succeed the tenancy.
4.4 Tenancy sustainment
4.4.1 Sustaining tenancies
B3Living is committed to helping customers maintain their tenancy and offer a
variety of ways to achieve this:
► a range of targeted visits during the lifespan of a tenancy
► rehousing to prevent continued financial hardship
► a housing support service, covering a range of advice and assistance
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► customer orientated employment projects
► using all our powers to tackle antisocial behaviour
4.4.2 Vulnerable residents
Many of our customers may be vulnerable. This may vary from someone with
learning difficulties to someone with issues around mental health, or from
someone with a visual impairment to someone who is bed bound. B3Living work
with all our vulnerable residents and their advocates, supporters, family
members and health agencies to ensure they are able to live happily in their
homes. When and if they need to move on to alternative accommodation, we
will work with other departments including social care to make the transition as
smooth as possible.
4.4.3 Adaptions (please refer to the Adaptions Policy)
B3Living will ensure housing applicants with the need for specific property
adaptations or mobility access are identified as part of the assessment process
to ensure suitable properties are made available to them, where possible, during
the allocation process.
4.4.4 Supported housing
B3Living manage two extra care schemes, namely, Emmanuel Lodge comprising
of 26 one-bedroom and 5 two-bedroom flats, and Wormley Court comprising of
31 one-bedroom flats.
New applicants who require support are able to register and bid for access to
these schemes and are then nominated to B3Living via the local council (please
refer to the Allocations Policy).
For existing customers, if they feel their home is having an impact on their
wellbeing, whether this is due to their age or perhaps they are diagnosed with a
physical, mental or medical condition, they will be assessed for medical priority
and rehoused to more suitable accommodation where available.
4.4.5 Failing tenancies
If a customer’s tenancy is failing but has not yet met the threshold for eviction,
B3Living will explore all avenues to keep the customer in their home including
referral to support agencies. If moving a customer is deemed to be the only way
to assist them, we may consider a management transfer (please refer to the
Allocations Policy).
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4.5 Tenancy enforcement
4.5.1 Tenancy audits
We will visit each property at regular intervals to check the occupants of the
property, provide support and inspect the property. This will be an unannounced
visit in order to determine whether the people living there match our records.
B3Living, as a landlord, is legally obliged to know who is living in our properties at
all times, and if an illegal occupant is identified, to take the appropriate remedial
action.
4.5.2 Tenancy fraud (please refer to the Abandonment and Tenancy Fraud Policy)
We are committed to tackling fraud at all levels. We recognise the importance of
multi-agency working and use several key methods for prevention including
using data analysis, working with our partners, sharing information as
appropriate and using credit reference agencies.
We are also a member of the National Anti-Fraud Network and carry out checks
where there are any suspicions. We also have a contract with the Shared Anti-
Fraud Service provided by Hertfordshire County Council.
Demotion of a secure tenancy
Legislation allows for the demotion of assured (non-shorthold) tenancies where
security of tenure is suspended by a Demotion Order issued by a court. It is used
where a customer persists in breaching the terms of their agreement, but where
we cannot make a case for possession.
It requires substantial evidencing in much the same way as we would need to do
if it were processing a case for possession. We undertake consistent and
sometimes protracted periods of monitoring as a prerequisite to place before a
judge when applying for a Demotion Order.
4.5.3 Legal action and possession
As a landlord we may have to take legal action against a customer which may
take the form of an injunction, prohibition order, or as a last resort, possession
of their home. We cannot simply enter a customer’s home; we may only do so
with a court order or a warrant following legal action.
Prior to seeking any legal remedy, we will do everything possible to work with the
customer to support them, including the following:
► dealing with all complaints in accordance with our Complaints Policy.
► practical arrangements to clear rent arrears
► assistance from our housing support service
► we will take early and preventative action where possible
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► we will safeguard vulnerable residents when considering action
Customers evicted by us are treated as intentionally homeless under the
homeless legislation. Customers may find it difficult to be considered for
rehousing and we urge them to work with us before this happens.
4.5.4 Antisocial Behaviour (please refer to the Antisocial Behaviour Policy)
Antisocial Behaviour (ASB) can include a wide range of nuisances, disorder and
crimes which affects people's lives on a daily basis. It can feel and look different
in every area and to every victim. What might be considered anti-social by one
person, might be considered acceptable to another. The Home Office describes
ASB as 'any aggressive, intimidating or destructive activity that damages or
destroys another person's quality of life'.
B3Living are committed to working with our customers and our partners to
address all forms of ASB. Our ASB Policy lays out our approach to tackling this
behaviour, and we will work with the police and other agencies to safeguard
victims and take the necessary action against perpetrators.
4.5.5 Domestic abuse (please refer to our Domestic Abuse (Customer) Policy)
B3Living believes that it is the fundamental right of all people to be free of
domestic abuse and will take a positive and supportive approach to all people
who ask for help and/or advice. We will always place the victim at the heart of
what we do and treat all information with confidentiality.
We recognise the far-reaching impact of domestic violence and are committed to
working in partnership with Hertfordshire Police, the local authority and other
housing providers to create a culture of zero tolerance towards domestic abuse.
We will be guided by the victim in determining an appropriate course of action in
response to an incident of domestic abuse.
4.6 Tenancy termination
4.6.1 Tenancy end reason
Tenancy agreements end for a variety of reasons:
► customer surrenders their tenancy
► customer transfers to another property
► the sole tenant dies
► the sole tenant moves into residential care or a hospice
► customer abandons their home
► customer is evicted
► customer is not offered a renewal of a fixed term tenancy
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In all cases, there will be a notice the customer either serves on us, or we serve
on them. The tenancy agreement will have a clear description on how the
customer should serve notice. B3Living may only serve notice under one of the
grounds for possession or serve a ‘notice to quit’ where the tenancy has been
rendered insecure. Specifically for fixed term tenancies, where we decide not to
renew the tenancy (and convert to an assured tenancy), the customer must be
served a notice at least six (6) months prior to its expiry stating, ‘no offer of
alternative accommodation’.
B3Living would only pursue an eviction, or not offer a renewal of a fixed term
tenancy, where there has been a serious tenancy breach, which may include:
► where the customer has significant rent arrears, or there is evidence of
persistent failure to pay rent on time, and a history of broken agreements.
► where the customer has been responsible for serious antisocial behaviour,
for example, being served a Criminal Behaviour Order (or equivalent), an
injunction, or any action commenced in accordance with our Antisocial
Behaviour Policy.
► where the customer has not maintained their home in accordance with their
responsibilities outlined in their tenancy agreement in a significant way.
4.6.2 Tenancy end date
The tenancy agreement will end in line with the serving of a notice period and
the return of the keys. Most notice periods are 28 days and if keys are handed in
earlier, it may not bring the tenancy to an end any earlier.
Where the notice period has expired and the keys have been returned, the
tenancy will end immediately. If entry must be forced, the tenancy will end on
that day. If the keys have not been returned and the notice period expires, a use
and occupation will be charged.
4.6.3 Pre-termination visits
Customer who are transferring to another property will receive a pre-
termination visit. This is to make sure there is no property damage. Where this is
identified, the customer will be expected to rectify it. If the customer fails to do
so, we will repair it and recharge the costs to the customer. In some cases where
the damage is extensive, we may prevent the customer from transferring to
another property.
4.6.4 Belongings left in the property (please refer to the Disposal of Former Customers
Goods Policy)
A customer is expected to clear their belongings before returning the keys. If a
customer leaves belongings behind, we may serve a notice under the
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Interference with Goods Act 1977, which will allow us to remove and/or dispose
of these belongings. The cost of doing so may recharged to the customer.
4.6.5 Management of empty properties
B3Living has an obligation to ensure that empty properties are identified,
repaired and re-let as soon as possible to those with housing need.
4.6.6 Former customer debt
We will make every effort to recover all rent arrears prior to the end of a tenancy.
However, once the tenancy has ended, any arrears and recharges will be dealt
with as former customer debt.
4.6.7 Tenancy records
All tenancy records will be managed in accordance with B3Living’s data
protection and information security policies. They will be held intact for a full six
(6) years post tenancy end in line with good practice guidance on document
retention. They will then be anonymised and/or disposed of in line with
B3Living’s Document and Data Retention Policy.
4.7 Tenancy complaints and appeals
4.7.1 Complaints Procedure
Please refer to the Complaints Policy.
4.7.2 Appeals Procedure
Please refer to the Appeals Procedure. This procedure clarifies how customers
can challenge any decision, or action, we may take regarding a customer’s home
and their tenancy, including serving notices, mutual exchange requests and
succession applications. It also outlines the steps to follow if a customer is
dissatisfied with how we handle reports of anti-social behaviour
5.1 This policy applies to all customers regardless of identity or protected group. It is based on best practice in the sector and legal/regulatory requirements.
5.2 B3Living is committed to ensuring that the policy is non-discriminatory and that all customers can access the service, especially taking account of any
vulnerability or other specific needs, and the needs of different groups protected by the Equality Act 2010; the Human Rights Act 1998; and for Children, Section 11 of the Children Act 2014.
5.3 To identify the needs of our customers, a new customer questionnaire is completed at sign up and it contains specific questions relating to vulnerability,
ethnic origin, sexual orientation, disability and other relevant criteria. The information obtained will be used to monitor the impact of the policy on minority
and specific needs groups and to evidence the need for amendments, as may be required.
5.4 An initial Equality Impact Assessment (EIA) was completed to ensure the policy does not discriminate or disadvantage any of our customers. The EIA concluded that this policy does not disadvantage any of the identified equality groups and that a full EIA is not required.
5.5 B3Living will ensure that the Tenancy Management Policy is accessible to its diverse customers and will consider the different needs of customers when explaining the options available to them and in tailoring the service around the
customer need.
6.1 B3Living will ensure personal information (new, existing, and deleted) of all
customers is:
► stored lawfully
► processed in a fair and transparent manner
► collected for specific, explicit and legitimate for the purpose
► kept up to date and held only until it is no longer required
► shared only with other organisations for legitimate processing, the
prevention of fraud or with the person's explicit consent.
6.2 A customer’s express consent is obtained to deliver a tenancy management
service during the completion of the sign-up process
7.1 Customer feedback is obtained continuously throughout the tenancy lifecycle, using various methods, for example, the management of complaints and receiving of compliments.
7.2 It is envisaged that specific customer consultations will occur on numerous
procedures mentioned within this policy to ensure they remain fit for purpose and are continually improved.
8.1 This policy adheres to all relevant legal and regulatory requirements, in addition to having due regard to applicable decency and quality standards and relevant industry best practice.
8.2 The following list is by no means exhaustive, although are the key documents this policy has taken into consideration:
► The Housing Act 1985, 1988 and 1996
► Localism Act 2011 (England)
► The Housing Act 1996, Part 7 as amended by the Homelessness Reduction
Act 2017
► Equality Act 2010
► Data Protection Act 2018 and contained within the General Data Protection
Regulation 2018 (GDPR)
► Regulatory framework for England April 2012
► Landlord and Tenant Act 1985 and 1987
► Human Rights Act 1998
► The Civil Partnerships Act 2004
► Regulator of Social Housing Compliance.
► Anti-social Behaviour, Crime and Policing Act 2014
► Protection from Eviction Act 1977
► Torts (Interference of Goods Act) 1977
► Prevention of Social Housing Fraud Act 2013
► Immigration Act 2014
► Consumer Standards and the Consumer Standards Code of Practice
8.3 We reserve the right to expand, change or alter any element of this policy, as and when required, to meet changes in housing need, capacity, resources and legislation.
8.4 Where we need to regularly review information on an annual basis, we will
attach the information as an appendix