Agenda item

Conditions of Tenancy Review (Council Housing)

Report of the Executive Director, Place

Decision:

11.1

The Executive Director, Place submitted a report updating Cabinet on the progress of the review of the Council’s social housing Conditions of Tenancy, informing Cabinet of the feedback received from the consultation with tenants on the proposed updated tenancy conditions, recommending revised Tenancy Conditions, and seeking Cabinet’s approval to vary the terms of all Council tenancies in May 2018.

 

 

11.2

RESOLVED: That Cabinet:-

 

 

 

(a)

notes the reasons for reviewing the Conditions Of Tenancy, and the outcome of consultation with tenants on the proposals;

 

 

 

 

(b)

approves the proposed revised set of Tenancy Conditions attached as an appendix to the report;

 

 

 

 

(c)

delegates authority to the Director of Housing and Neighbourhoods Service to take the necessary steps to implement the new tenancy conditions with effect from 7th May 2018 by undertaking the statutory process to vary the terms of the Council’s secure social housing tenancies or terminating and reletting non-secure tenancies as described in the report; and

 

 

 

 

(d)

delegates authority to the Director of Housing and Neighbourhoods Service to make any final amendments to the conditions necessary in response to comments received after service of the preliminary notice.

 

 

 

11.3

Reasons for Decision

 

 

11.3.1

There are a number of reasons for recommending the approval of these conditions:

 

           If the proposed revised conditions are approved and implemented, tenants will have a clearer understanding of their obligations and of those of the Council. 

 

           There will be a fairer process surrounding pet ownership, alongside it being easier for the Council to take action against irresponsible pet owners.

 

           Fire safety will be further strengthened and promoted, and there will be savings for the HRA by more tenants paying by direct debit.

 

 

11.3.2

The statutory process that must be followed to vary the Council’s housing tenancies gives tenants the opportunity to comment on the proposed variation and requires the Council to consider these comments. Whilst it is unlikely, in view of the consultation that has already taken place, that any comments will result in a need to amend any draft condition of tenancy, this does remain a possibility. It is therefore recommended that the Director of Housing and Neighbourhoods be given delegated authority to make any final amendments to the conditions necessary after the preliminary notice has been served to avoid the need to come back to Cabinet again for further approval before the tenancy variation can be completed.

 

 

11.4

Alternatives Considered and Rejected

 

 

11.4.1

One possible alternative to these proposals is to leave the Council’s tenancy conditions as they are.  However, for the reasons stated in Section One of the report, this is not believed to be the best option as it would leave the Council with an outdated and unclear set of tenancy conditions, which is to the detriment of both the Council and its tenants.

 

 

11.5

Any Interest Declared or Dispensation Granted

 

 

 

None

 

 

11.6

Reason for Exemption if Public/Press Excluded During Consideration

 

 

 

None

 

 

11.7

Respective Director Responsible for Implementation

 

 

 

Laraine Manley, Executive Director, Place.

 

 

11.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

 

 

 

Safer and Stronger Communities

 

Minutes:

11.1

The Executive Director, Place submitted a report updating Cabinet on the progress of the review of the Council’s social housing Conditions of Tenancy, informing Cabinet of the feedback received from the consultation with tenants on the proposed updated tenancy conditions, recommending revised Tenancy Conditions, and seeking Cabinet’s approval to vary the terms of all Council tenancies in May 2018.

 

 

11.2

RESOLVED: That Cabinet:-

 

 

 

(a)

notes the reasons for reviewing the Conditions Of Tenancy, and the outcome of consultation with tenants on the proposals;

 

 

 

 

(b)

approves the proposed revised set of Tenancy Conditions attached as an appendix to the report;

 

 

 

 

(c)

delegates authority to the Director of Housing and Neighbourhoods Service to take the necessary steps to implement the new tenancy conditions with effect from 7th May 2018 by undertaking the statutory process to vary the terms of the Council’s secure social housing tenancies or terminating and reletting non-secure tenancies as described in the report; and

 

 

 

 

(d)

delegates authority to the Director of Housing and Neighbourhoods Service to make any final amendments to the conditions necessary in response to comments received after service of the preliminary notice.

 

 

 

11.3

Reasons for Decision

 

 

11.3.1

There are a number of reasons for recommending the approval of these conditions:

 

           If the proposed revised conditions are approved and implemented, tenants will have a clearer understanding of their obligations and of those of the Council. 

 

           There will be a fairer process surrounding pet ownership, alongside it being easier for the Council to take action against irresponsible pet owners.

 

           Fire safety will be further strengthened and promoted, and there will be savings for the HRA by more tenants paying by direct debit.

 

 

11.3.2

The statutory process that must be followed to vary the Council’s housing tenancies gives tenants the opportunity to comment on the proposed variation and requires the Council to consider these comments. Whilst it is unlikely, in view of the consultation that has already taken place, that any comments will result in a need to amend any draft condition of tenancy, this does remain a possibility. It is therefore recommended that the Director of Housing and Neighbourhoods be given delegated authority to make any final amendments to the conditions necessary after the preliminary notice has been served to avoid the need to come back to Cabinet again for further approval before the tenancy variation can be completed.

 

 

11.4

Alternatives Considered and Rejected

 

 

11.4.1

One possible alternative to these proposals is to leave the Council’s tenancy conditions as they are.  However, for the reasons stated in Section One of the report, this is not believed to be the best option as it would leave the Council with an outdated and unclear set of tenancy conditions, which is to the detriment of both the Council and its tenants.

 

 

 

Supporting documents: