Tenure Policy

1.    POLICY PURPOSE

1.1  This policy sets out to customers, colleagues and our partners, One Manchester’s (“OM”) approach to the granting of occupancy agreements for all stock to be let to tenants (except market rent properties) or licensees..

1.2  The purpose of this policy to ensure OM let its homes in a fair, transparent and efficient way and that OM offers tenancies or terms of occupation, which are compatible with the purpose of housing accommodation, the needs of individual households, the sustainability of the community, and the efficient and best use of their housing stock. It also ensures we meet all relevant applicable legislation and regulatory requirements.

1.3 This policy has been developed considering the OM Corporate Plan and the objectives of Manchester’s Housing Strategy 2022 – 2032.

2.    POLICY SCOPE

2.1  This policy covers all general needs social housing properties owned and managed by OM. This policy does not apply to market rents, shared ownership, leaseholders or properties for outright sale. Reference to ‘occupancy agreement’ in this policy therefore means both tenancy agreements and licence agreements.

2.2  We let properties in accordance with the separate Allocations Policy.

2.3  This policy aims to: 

• Provide clarity on the type of occupancy agreements we offer and the circumstances in which we will grant each type of occupancy agreement; 

• Ensure OM offers occupancy agreements which make the most efficient and best use of its housing stock, and which are compatible with the purpose of the accommodation; 

• Set out the exceptional circumstances in which we will grant fixed term tenancies for a term less than five years in general needs housing following any probationary period; 

• Set out the circumstances in which we may or may not grant another tenancy on the expiry of the fixed term, in the same property or a different property; 

• Set out the way in which a tenant or a prospective tenant may appeal against or complain about the length of the fixed term tenancy offered and the type of tenancy offered, and against a decision not to grant another tenancy on the expiry of the fixed term; 

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

• Ensure compliance with the Tenancy Standard.

3.    POLICY STATEMENT

3.1 OM’s approach is that starter tenancies will continue to be the preferred option for the majority of new tenancies, except where either: • the granting of fixed term tenancies is appropriate in helping us to achieve this Policy’s aims; or • the tenant has an existing assured (non-shorthold) tenancy or secure tenancy with a registered provider of social housing and have been a social housing tenant since before 1st April 2012.

3.2  We will comply with the regulatory requirement to maintain the security of tenure of existing customers with a ‘lifetime’ tenancy and a social rent who transfer to another social rent home, by offering another assured tenancy.

3.3  Any pre-existing contractual or statutory obligations will take precedence above this Policy.

3.4  OM’s policy provides appropriate stability to occupants and new customers including those whose households may be vulnerable by reason of age, disability or illness and households with children.

4.    TYPES AND LENGTH OF OCCUPANCY AGREEMENTS

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;

4.2 Minors 

• For any tenant who is aged 16 or 17 (a “minor”) and is therefore (as a matter of law) not able to hold a legal interest in land (which a tenancy is), we will issue them with an equitable form of tenancy which they would have otherwise been issued with if they were an adult. 

• For an equitable tenancy, there must be a third party trustee who holds the legal title on behalf of the minor: their details will be entered as a party to the agreement and they will need to sign it. We will not enter into an equitable tenancy without a third party trustee. This is because otherwise, OM (by default) would be the trustee, which would prevent it regaining possession of the property (as it would be a breach of trust). 

• For equitable tenancies, we may also ask for a third party to enter into a Guarantor Agreement to guarantee the obligations in the tenancy agreement, particularly the payment of rent. The guarantor may be a different person from the trustee. 

• When the minor reaches 18, providing the equitable tenancy has been conducted satisfactorily, OM will grant the tenant a new ‘legal’ tenancy in accordance with this policy. 

4.3 The rent payable under the occupancy agreement will be determined by our Rent Policy. 

5. GRANTING OF FIXED TERM TENANCIES FOR GENERAL NEEDS PROPERTIES 

5.1 OM will offer 12-month fixed term tenancies in the circumstances outlined above. A nomination process has been agreed with Manchester City Council to determine who is offered a fixed term tenancy when a property is specifically purchased through the Large Property Acquisition Initiative. 

5.2 Fixed term customers will not have the right to transfer, exchange, acquire or make improvements to their property whilst the tenancy is in place. There will be no right of succession to a fixed term tenancy. 

5.3 For Fixed term tenancies we will: 

• Follow up the initial sign-up process with a post tenancy support visit carried out within 6 weeks of the start of the tenancy. Subsequent visits will be agreed with the customer and be dependent on the individual needs. 

• Provide information, advice, and guidance in relation to benefit claims, income maximisation, employment support, and how to conduct the tenancy. 

• Work with agencies to ensure appropriate support is in place and that support is maintained. • Provide housing options advice as appropriate to support customers into longer term accommodation.

 5.3.1 Review At End Of Fixed Term 

5.3.2 Two months before the end of the fixed term a review of the tenancy will be carried out to determine the appropriate course of action at the end of the tenancy. The following areas will be considered: 

• Has the tenancy been conducted satisfactorily and in line with the tenancy agreement obligations? 

• Have the household circumstances changed from when the tenancy first commenced? • What is the condition of the property? 

• Do the customer and/or any household members have any significant vulnerability or support needs that should be considered? 

• Is the property due to be redeveloped or demolished within the next 12 months? 

5.3.3 As determined by the review, OM will consider one of the following options and confirm the outcome to the customer in writing before the end of the fixed term: 

• Renewal of fixed term tenancy for a further 12 months – either at that property or an alternative property 

• Where appropriate make one offer only of suitable alternative accommodation 

• Ending of the fixed term tenancy 

5.3.4 Because of the limited circumstances in which OM grants a fixed term tenancy, it would not be usual for tenants to continue to remain in the property on the same basis. For example, where a 12 month fixed term tenancy has been granted to make use of accommodation due for demolition, the intention would be to demolish the property and therefore vacant possession would be required. OM will set clear expectations in this regard to tenants being issued with 12 month fixed term tenancy before the start of the tenancy. 

5.4 Alternative Accommodation Support 

5.4.1 Where a decision is made not to renew the fixed term tenancy and not to offer an alternative tenancy, assistance will be provided to the customer in registering for rehousing and the appropriate priority will be awarded in line with our Allocations Policy if they apply through Manchester Move. The customer will be provided with housing options advice by OM colleagues to assist them in securing suitable alternative accommodation. 

6. APPEALS 

6.1 Customers will have the right to appeal the following decisions: 

• a decision not to grant a renewal of the fixed term tenancy; or 

• a decision to grant/offer a type of tenancy and/or length of occupancy agreement. 

6.2 Any appeal must be made in writing (email or letter) within 1 month of the decision. 

6.3 The appeal will be dealt with by an OM Director or Head of Service not involved in the original decision. 

7. RELEVANT LEGISLATION & REGULATORY 

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

• Tenancy Standard 

• Protection from Eviction Act 1977, Housing Act 1988 (as amended) 

• Human Rights Act 1998 

• Equality Act 2010 

• Localism Act 2011 

8. COMPLAINTS 

8.1 If a customer is unhappy about a decision in relation to this policy, they should request a review. Reviews will be completed by either a Neighbourhood Manager or the Head of Neighbourhoods. If the customer remains dissatisfied following the review they should follow our complaints process. If they are still not satisfied, they may then take the complaint to the Housing Ombudsman. 

9. RESPONSIBILITIES 

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

10. EQUALITY, DIVERSITY AND INCLUSION STATEMENT 

10.1 One Manchester promotes a diverse and inclusive environment for our customers and colleagues to thrive. We are committed to enhancing a culture that respects individuals, appreciates difference and allows everyone regardless of background to reach their full potential. 10.2 We accept our responsibility to comply with equalities legislation and regulatory requirements and aim to do more. We believe, everyone requires access to the same opportunities. Through our behaviours, we aim to challenge and remove systemic barriers to equal opportunities and reduce the likelihood of all forms of discrimination, harassment, and victimisation within our organisation and our communities.

10.3 We are committed to providing excellent customer services, 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. 

11. EQUALITY IMPACT ASSESSMENT

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

 11.2 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. 

12. MONITORING AND REVIEW 

12.1 Compliance with this policy shall be monitored by Head of Neighbourhoods. We will review the impact of this policy on customers with protected characteristics under the Equality Act 2011. 

12.2 This policy shall be reviewed as a minimum every 3 years (or sooner where there is a change in legislation or regulation affected tenure). 

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

12.3 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. 

12.4 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. 

13. CONTACT PERSON 

13.1 The Head of Neighbourhoods has responsibility for the effective delivery of this policy. 14. ASSOCIATED POLICIES AND DOCUMENTS 

14.1 Internal documents: 

• OM Allocation Policy 

• Hate Crime Policy 

• Domestic Abuse Policy 

• Equality, Diversity and Inclusion Policy 

• Vulnerability Policy 

• Starter Tenancy Policy and Procedure 

14.2 External Documents: 

• Manchester Move Allocations Policy