Starter Tenancy Policy

1  Introduction

1.1    This policy sets out our approach to offering and managing starter tenancies, including how a tenancy can be ended. A Starter tenancy is a weekly periodic Assured Shorthold Tenancy (AST) which is intended to continue as an AST for an initial 12-month period, although it can be extended for a further 6 months. This policy also covers our approach for extending AST’s.
1.2    A starter tenancy converts to an Assured Tenancy at the end of the initial 12-month period unless it is ended or extended in accordance with the terms of the tenancy agreement.

2  Purpose

2.1    The details and aims of this policy have been developed considering the objectives of Manchester’s Strategy 2016-2025. In line with the strategy the aim of this policy is to promote and develop sustainable communities and supports MCC’s strategic view that secure and assured tenancies are the preferred option where appropriate. All new tenants are offered an AST (subject to any exceptions set out in our Tenure Policy), which give One Manchester the ability to:
·    Promote and achieve greater community sustainability.
·    Enable quick and effective action to be taken in relation to a tenancy breach particularly when Anti-Social Behaviour (ASB) occurs .
·    Monitor the tenancy closely to ensure the new tenant can sustain the tenancy.

3   Scope

3.1    The scope of this policy is to allocate and manage AST’s in line with legislation and the revised Consumer Standards in particular the elements within covering the Tenancy Standard which states:
“Registered providers must allocate and let their homes in a fair and transparent way that takes the needs of tenants and potential tenants into account.”
“Registered Providers shall offer tenancies or terms of occupation which are compatible with the purpose of the accommodation, the needs of individual households, the sustainability of the community, and the efficient use of their housing stock.”
3.2    This policy does not cover the management of Fixed Term Tenancies, which is covered in One Manchester’s Tenancy Policy.

4   The policy

4.1    Assured Shorthold Tenancies
Assured Shorthold tenants have fewer rights than an Assured (non-shorthold) tenant, however once the probationary period is over the tenancy converts to an Assured Tenancy in accordance with the terms of the tenancy agreement and the tenant gains additional rights.

Starter tenants do not have the right to:
·    Take in lodgers.
·    Exchange their tenancy.
·    Carry out improvements/alterations.
·    Acquire the property.
·    Sublet any part of the property.

For Assured Shorthold Tenancies we will:

·    Help future tenancy sustainability, by working with potential tenants from the point of an offer being made to ensure they can manage a tenancy by carrying all the pre-tenancy checks as detailed in our tenancy policy.
·    Conduct a post tenancy support visit within 6 weeks of the start of the tenancy. The number and frequency of subsequent visits will be agreed with the tenant depending on their vulnerability and how the tenancy is being managed.
·    Provide information, advice, and guidance in relation to benefit claims, income maximisation, accessing benefits, maintaining the tenancy and how to conduct the tenancy.
·    Have in place a process to end any Assured Shorthold tenancy in accordance with Section 21 of the Housing Act 1988 or other legislation where a breach of tenancy occurs. Any legal action taken to recover the tenancy under section 21 will require approval by an Executive Director.
·    Have in place a process for extending Assured Shorthold Tenancies due to less serious breaches of tenancy and in accordance with the appropriate tenancy agreement. Any extension to an Assured Shorthold Tenancy (from 12 to 18 months) will be approved by a Head of Service.
·    Have in place an appeal process in the event One Manchester seeks to extend the starter tenancy period from 12 to 18 months or if legal action via Section 21 of the Housing Act 1998 is proposed to recover the tenancy. The appeal process will have a review panel and will be independent of those involved in the management of the case.
·    Any appeals panel will include an OM Board Member or OM Scrutiny Panel Member and an Executive Director or Head of Service not involved in the original case.
·    Work with appropriate agencies to ensure appropriate support is in place and that support is maintained where needed.
When granting an Assured Shorthold Tenancy new tenants are informed these tenancies convert to an Assured Tenancy after twelve months if no breach of tenancy has occurred and action has not been taken to re-gain possession of the property.  They are also informed that the Assured Shorthold Tenancy period may be extended to 18 months where there have been breaches.
    If the tenancy is maintained and no breaches occur, we will write to customers and inform them that their tenancy has converted. However, the tenancy converts in accordance with the tenancy agreement provisions and not by One Manchester serving notice about the conversion.

All checks and support will be provided considering One Manchester’s Adults at Risk of Harm Policy and the framework within it.
4.2    Pre – Tenancy Checks
Pre tenancy checks will be carried out in line with our tenancy policy and if these are not adhered to the offer may be withdrawn.
    The purpose of the pre –tenancy checks, in particular the Affordability Assessment is to ensure we have a full financial assessment for a prospective tenant. This will assist us in providing the most appropriate support to the new tenant from the start of the tenancy to make it sustainable for the future.

5   Method and approach

5.1    This policy should be read in conjunction with the procedures and guidance notes and the following complementary policies:
·    Allocations Policy
·    Anti-Social Behaviour and Hate Crime Policy
·    Tenancy Policy
·    Adults at Risk of Harm Policy
·    Domestic Abuse Policy

6    Responsibility

6.1    The Executive Director of Customers and Communities is responsible for ensuring this policy complies with legislative and regulatory requirements.
6.2    Managers and staff who deal with the allocation and tenancy management of properties are responsible for implementing this policy.

7    Equality

7.1    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 their race, religion, gender, marital status, sexual orientation, disability, or other grounds set out in our Equality, Diversity, and Inclusion Policy.
7.2    An Equality Impact Assessment has been carried out on this policy.
7.3    Equality, Diversity and Inclusion Statement
    One Manchester promotes a diverse and inclusive environment for our customers and colleagues to thrive. We are committed to enhancing a culture that respects individials, appreciates difference and allows everyone regardless of background to reach their full potential.
We are committed to providing excellent customer service, which are fair, equitable and inclusive. As such, we will endeavour to understand and make any reasonable adjustments required for customers in line with One Manchester’s Reasonable Adjustment Statement, and Reasonable Adjustment Policy and the Equality Act 2010.

8    Monitoring, review, and evaluation

In monitoring this policy, we will:
·    Report the number of tenancies where the probationary period has been extended to Place Committee twice a year.
·    Provide details of any tenancies ended using Section 21 notice to Place Committee twice a year.
·    This policy will be reviewed every 3 years or in line with legislation or regulatory changes.

9    Legislation

This policy has been written in accordance with relevant guidance and legislation, which includes:
·    Housing Act 1988
·    Localism Act 2011
·    Manchester’s Strategy 2016-2025
·    Tenancy Standard – Regulator of Social Housing
·    Housing and Planning Act 2016