Tenancy Management Policy

Our Tenancy Management Policy outlines how we approach granting and managing tenancies for our general needs social housing properties, including affordable rent, intermediate market rent, and Independent Living accommodations. We’re committed to letting homes in a fair, transparent, and efficient manner, offering tenancies that align with the purpose of the housing, meet individual household needs, support community sustainability, and ensure the effective use of our housing stock. This policy applies to all general needs social housing properties we own and manage, excluding market rents, shared ownership, leaseholders, or properties for outright sale. For more information, please read our Tenancy Management Policy in full below or contact us directly.

1.    POLICY PURPOSE

1.1  This policy sets out One Manchester’s (“OM”) approach to tenancy management for all stock let on tenancy agreements (except market rent).

1.2  The purpose of this policy to ensure OM let their homes in a fair, transparent and efficient way and to set out the framework in which tenancies are managed.

2.    POLICY SCOPE

2.1  This policy covers all tenanted owned and managed properties by OM. This policy does not apply to market rents, shared ownership, leaseholders or properties for outright sale.

2.2  We offer and let properties in accordance with the separate Allocations Policy. The tenancy offered is in accordance with the separate Tenure Policy.

2.3  This policy aims to:

2.3.1    Ensure suitability of tenancy by setting out OM’s position regarding pre-tenancy assessments;

2.3.3    Make the best use of our stock to increase the number of people we are able to house;

2.3.4    Enable quick and effective action to ensure communities remain safe and sustainable;

2.3.5    Contribute to Manchester local authorities’ strategic housing function; and

2.3.6    Ensure compliance with the Tenancy Standard.

3.    POLICY STATEMENT

3.1  OM’s approach is to ensure an applicant for housing is eligible and suitable for the property and a tenancy with OM. We want to ensure tenants are in a position to be able to sustain their tenancy and our pre-tenancy checks seek to achieve that.

3.2  OM’s approach when tenants are exercising statutory or contractual rights, is to ensure they have the right, that any consent is refused only in accordance with our policies and procedures (and any statutory grounds where applicable) and that we are considering best use of stock.

3.3  If a tenant needs to move out of a property temporarily or permanently because of works required, we will work with them to ensure this is a smooth a process as possible. Where a permanent move, we will make any home loss or disturbance payments due under legislation.

3.4  Any pre-existing contractual or statutory obligations will take precedence above this policy.

4.    PRE-TENANCY ASSESSMENTS

4.1    To support tenancy sustainability, we will work with potential customers (applicants) from the point of an offer being made (including mutual exchanges, successions, and assignments) to ensure they are able to manage a tenancy by reviewing the following;

4.1.1    Support Assessments – We will carry out a risk assessment with all applicants to identify any support needs for them or any members of their household. Where a need is identified a referral will be made to appropriate agencies.

4.1.2    Affordability  Assessments  -  All  applicants  will  be  expected  to  complete  a  full  affordability assessment including providing proof of income, expenditure and any debts.   Where it is demonstrated that the applicant is unable to afford the tenancy, the offer of accommodation may be withdrawn.  If we are not able to withdraw the offer (e.g. because there is a statutory right of succession that we cannot deny) we will signpost the applicant to suitable support and discuss any potential alternative accommodation options with them so they can make an informed decision about how to proceed.

4.1.3    References - All applicants will be expected to provide appropriate references which evidence that they are able to maintain a tenancy.

4.1.4     Right to Rent Checks – For any allocations made under OM’s Allocations Policy (i.e. any lettings except those made pursuant to nominations from the local authority under its homelessness duties in the Housing Act 1996) all adults in the moving group must have the right to rent in the UK.

4.2  Pre tenancy rent payment – Where a new customer has any rent to pay (excluding housing benefit costs) they will be expected to pay the first instalment of the payable rent due once the account has been created.

4.3  Benefit Claims – Where a new customer is eligible to claim Housing Benefit or the housing costs element of Universal Credit, they will be required to provide all relevant information to support a claim when signing for the tenancy.

4.4  Direct Debit – All new customers with rent to pay will be expected to pay by direct debit. We will provide support in setting up bank accounts.

4.5  Withdrawing an offer – If an applicant fails to provide all relevant information or following investigation it is in our opinion that a tenancy is not sustainable, we will withdraw the offer of accommodation (where this is possible).  We may also withdraw any offer of accommodation if the applicant refuses to pay the first instalment of the payable rent due.

4.6    All tenancy checks and support will be provided considering One Manchester’s Adults at Risk of Harm Policy and the framework within it.

5.    SUCCESSION FOR ASSURED TENANCIES

5.1   One Manchester recognises that following the death of a tenant, their family members will be grieving and that any requests for succession of the tenancy need to be handled with sensitivity and care.

5.2   When a tenant dies, the tenancy does not automatically come to an end.  “Succession” occurs when a tenant dies, and an eligible person has a right either by law or given in the tenancy agreement to take over the tenancy 

5.3   Licensees do not have any succession rights.  Succession also does not apply to leaseholders or shared owners.  Their lease will pass under their estate in accordance with either their Will or intestacy laws. 

5.4   Our tenants will have different succession rights depending on the type of tenancy agreement they hold.  One Manchester aims to provide a fair and efficient service when processing succession requests by:

•    dealing sensitively with residents at a time of grief and loss
•    meeting our statutory and contractual obligations
•    carrying out necessary investigations into the tenancy history and requesting and reviewing documentation to prove length of occupation in order to make informed decisions 
•    making the best and most efficient use of our available housing stock.

5.5  There can be only one succession in law.  This means once a person becomes a successor, there  can be no further succession upon their death unless our tenancy agreements promise further rights. If a succession took place before the stock transfer however that is ignored as on the stock transfer a new tenancy agreement was granted when succession rights start again.  

5.6  Legal and Regulatory Framework. 
The key relevant legislation for succession is:

•    Housing Act 1988 for Assured Tenants
•    Localism Act 2011 – which altered the mechanics of the process for contractual succession rights for family members of assured tenants if their tenancies started on or after 1 April 2012. The Localism Act also amended the 1988 Housing Act (s17) to extend the statutory right of succession of Assured Tenants to tenants with a fixed term assured shorthold tenancy of 2 years or more.

The Housing Act 1988 was also amended by
•    The Civil Partnerships Act 2004 to extend statutory succession rights to couples in a registered civil partnership.
•    The Marriages (Same Sex and Couples) Act 2013 which states all references to marriage in legislation shall be read as including a reference to marriage of a same sex couple.

5.7  This policy and our separate succession and assignment procedure meets the expectation in the  Tenancy Standard in the Regulator of Social Housing’s Regulatory Framework. That requires registered providers to set out their policy on granting discretionary succession rights, taking account of the needs of vulnerable household members in a clear and accessible succession policy.

5.8   Definitions
Succession: how a tenancy passes to someone else on the death of the original tenant.
Stock transfer: a large scale voluntary stock transfer from a local authority to a housing association which is now part of One Manchester. 
Non-signer: a tenant who transferred on a stock transfer and refused to sign the new assured tenancy agreement offered to them at the time. 
Family Member: For the purposes of succession, family members are defined as: spouse, civil partner, parent, grandparent, children, grandchildren, siblings, uncle, aunt, nephew and niece, including step relations and half relations , as well as persons living together as husband and wife or civil partners. The full definition is found in  s113 Housing Act 1985. 
Intestate: Where a tenant dies without a Will 
Intestacy: The law that governs by default what happens where a tenant dies without a Will.

5.9   A tenant is a ‘successor’ for the purposes of this policy if they:

a)    are a person who was a joint tenant and became  a sole tenant when one joint tenant dies  - called the right of survivorship 
or
b)    are a spouse or partner and succeed under a statutory succession right 
c)    were granted the tenancy under a contractual right of succession granted by OM in any tenancy agreement
d)    became the tenant under the will or on the intestacy of a former tenant of the premises or
e)    We exercised our discretion in limited specific circumstances. Please refer to the Succession procedure.

6.    ASSIGNMENT

6.1     An assignment is the formal transfer of a legal interest in land. In a housing context, it is the transfer of an assured tenancy during the lifetime of the tenant.

6.2    An assignment does not mean that a new tenancy is signed but that the existing (original)  tenancy is transferred to and continues with somebody else.

6.3   OM allow three types of assignment:
•    Assignment  term, to a potential successor if this right is contained in the Tenancy agreement 
•    Assignment in pursuance of a family court order, for example matrimonial, civil partnership or Children Act proceedings  
•    Mutual Exchange

6.4  Assignments could be from joint to sole, sole to sole or sole to joint. More detail is set out in our Succession and Assignments Procedure.

7.    MUTUAL EXCHANGES

7.1   One Manchester supports mobility by way of Mutual Exchanges to give our tenants the ability to move within our stock and to the stock of other registered  providers (RPs) and/or Local Authorities. This offers a choice of accommodation and location especially where the needs of the family are not met by their current accommodation.

7.2   One Manchester encourages its Tenants to carry out Mutual Exchanges to smaller properties with lower rents, or to a location where travel costs will be lower where they are experiencing financial hardship.  

7.3   An assured tenant of OM who wishes to mutually exchange their property with that of another tenant has the right to do so if the right is expressed in their tenancy agreement.  Starter Tenants, or Assured Shorthold Tenants (unless they are on a fixed term tenancy that specifically gives the rights to exchange) do not have the right to exchange nor does it apply to Leaseholders or Shared Owners.

7.4   Legal and Regulatory Framework

• The Housing Act(s) 1985, 1988, 1996, 2004
• The Housing and Regeneration Act 2008
• The Localism Act 2011
• The Prevention of Fraud in Social Housing Act 2013
• The Regulator of Social Housing Tenancy Standard

7.5   Effect of the Localism Act 2011
The Localism Act 2011 introduced a new mechanism for mutual exchanges for certain types of tenancy.  These must be carried out by Surrender (of the old tenancy) and Regrant of the new tenancy and not by Deeds of Assignment.  The Localism Act applies to exchanges between (1) an assured or secure tenant, whose tenancy began before 1 April 2012, and either a tenant with (2) a flexible local authority tenancy or a fixed term assured shorthold tenancy for 2 years or more, which began after 1 April 2012 which is not on an affordable rent.

7.6   Due to the introduction of fixed term tenancies the Localism Act 2011 provides some safeguards for Secure and Assured tenants (“lifetime” tenants) to protect their security of tenure.  

7.7   Exchanges that are not affected by the Localism Act 2011 are carried by a Deed of Assignment. Each tenant steps into each other’s shoes and takes over the other tenant’s tenancy agreement. See our Mutual exchange procedure for more details.

7.8   Refusing an Exchange

We will not unreasonably refuse a request for a tenant to complete a Mutual Exchange.  A decision will be made based on whether a right to exchange exists in the particular tenancy agreement and also by referring to current governing legislation.  

Where the Localism Act applies; we can only refuse an exchange on the grounds set out in Schedule 14 of the Localism Act 2011.  

Where the tenancy agreement refers to Schedule 3 Housing Act 1985 applying, then we can only refuse an exchange or grant permission subject to one of the two permitted conditions on the Grounds in Schedule 3.

7.9  Where neither applies, then we can refuse on the grounds set out in our procedure.

7.10  Unauthorised Exchanges 
No tenant can go ahead with a mutual exchange without the consent of OM.  If a tenant moves without our knowledge or consent, we will treat the occupants as unauthorised occupants of the property.  The tenants will be given an opportunity to move to their new properties but if they fail to do so, legal action may be taken against them as unauthorised occupants.

7.11  If a Mutual Exchange completes, but the tenants do not move as agreed.  The tenants will be given an opportunity to move back to their properties but if they fail to do so, legal action may be taken against them as unauthorised occupants.

7.12  In both circumstances above, we would work with the other RP’s and/or Local Authority involved and strongly suggest that they take this same approach.

7.13   OM is a member of House Exchange.

7.14  We will always make a decision on whether to consent to a mutual exchange within 42 days of receiving a completed application or we are deemed to have given consent.

7.15  More detail is set out in our Mutual Exchanges Procedure.

8.    TEMPORARY MOVES

8.1    In housing temporary moves are referred to as ‘decants’. At One Manchester we refer to it as ‘temporary moves’. It is the process where it is necessary for customers to move from their home to another place, on a temporary basis due to;
a)    major improvement, investment or repair works, or
b)    an emergency such as a flood or fire, which has not been caused by the customer, or
c)    any other health and safety reason.

8.2    With Temporary Moves, OM will take reasonable endeavours to:
a)    provide and where appropriate pay for emergency accommodation;
b)    provide the customer with the expected timescales and updates about timescales;
c)    consult and involve the customer in any decision in relation to decant arrangements and any offer of alternative accommodation: this will not always be possible in the case of an emergency causing the temporary move;
d)    work closely with the customer concerned to ensure OM assess their individual needs (including the needs of their household) and requirements to provide the necessary support throughout;
e)    pay the reasonable cost for storage of any of the customers furniture or goods as required during the process;
f)    ensure any temporary move period is kept to a minimum;
g)    work with the customer to ensure any benefits continue to be received;
h)    cover the cost of any standing charges for utilities and council tax in the customers’ main property. Customer’s will be required to pay utilities and council tax on the temporary decant property. This only applies where the move is a temporary one; 
i)    give priority rehousing status to any customer whose home is due to be demolished. This will apply in accordance with our Allocations Policy.

8.3    Customers who move to a new permanent home within OM stock will not lose their security of tenure or any preserved right to buy.

8.4    Customers may be entitled to home loss payments if they are permanently displaced from a dwelling as a result of redevelopment of land or improvement of any dwelling on land previously acquired or appropriated by OM.

8.5    A customer does not qualify for a home loss payment unless they were in occupation of the dwelling as their only or main residence throughout a one-year period ending on the date of displacement, and that occupation must be as a result of an interest or right in the property.

8.6    A customer may also qualify for disturbance payments if they are permanently displaced from a dwelling as a result of redevelopment of land or improvement of any dwelling on land previously acquired or appropriated by OM.

8.7    More details are set out in our Decant Procedure.

9.    RELEVANT LEGISLATION & REGULATORY

9.1    This policy complies with the following (this is not an exhaustive list):

• Housing Act 1988 (as amended)
• The Localism Act 2011  
• Regulator of Social Housing Tenancy Standard
• Equality Act 2010
• Localism Act 2014
• Human Rights Act 1998
• Land Compensation Act 1973
• Housing Act 1985 (as amended)

10.    COMPLAINTS

10.1  If a customer is unhappy about a decision in relation to this policy, they should first follow our complaints process. If they are still not satisfied, they may then take the complaint to the Housing Ombudsman.

11.    RESPONSIBILITIES

11.1   The Head of Neighbourhoods is responsible for ensuring this policy complies with legislative requirements. Managers and colleagues who deal with the allocation and tenancy management of properties are responsible for implementing this policy.

12.    EQUALITY IMPACT ASSESSMENT

12.1    An Equality Impact Assessment (EIA) has been completed and assessed

12.2   An affordability assessment can directly and indirectly discriminate against people who have a disability, are pregnant or on maternity leave, retired people or younger people without experience struggling to find a job and people who are on a low income or unemployed.

12.3   OM 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 a protected characteristic under the Equality Act 2010.    

13.    MONITORING AND REVIEW

13.1  Compliance with this policy shall be monitored by Head of Neighbourhoods. We will review the impact of this policy on customers with protected characteristics.

13.2  This policy shall be reviewed as a minimum every 3 years.

13.3  The Head of Neighbourhoods will be responsible for initiating a review of this policy.

14.    CONTACT PERSON

14.1   The Head of Neighbourhoods has responsibility for the effective delivery of this policy.
14.2  The Director of Operations is responsible for interpreting this policy where the provisions are unclear or there is ambiguity. Any interpretation will automatically become incorporated into the policy.

14.3   The Officer or Officers operating the policy in practice are responsible for implementing the policy and interpreting the policy giving the words of the policy their common everyday meaning

15.    ASSOCIATED POLICIES AND DOCUMENTS

15.1    Internal documents:

•    OM Allocation Policy
•    Anti-Social Behaviour Policy
•    Hate Crime Policy
•    Domestic Abuse Policy
•    Damp and Mould policy
•    Equality, Diversity and Inclusion Policy
•    Vulnerability Policy
•    Succession and Assignments Procedure
•    Mutual Exchange Procedure 
•    Decant Procedure

15.2    External Documents: 
•    Manchester Move Allocations Policy
•    Manchester Housing Strategy (2022–2032)