| Who looks after this policy: | Head of housing |
| Who approved it: | Board |
| When was it last reviewed: | December 2021 |
| When is the next review: | December 2024 |
Introduction
1.1 In December 2012, the Board approved the introduction of Fixed Term Tenancies (FTTs) for all new tenants in general needs properties. These tenancies were to be issued for a five year period and reviewed after this time.
1.2 Following a review of the limited success of FTTs (and following Board approval) from April 2021, B3Living ceased issuing FTTs to new customers. Customers currently holding a FTT will, at the end of the five-year term, have their tenancy become an Assured Tenancy.
1.3 However, in a minority of cases, B3Living may seek to end a customer’s tenancy at the end of the fixed term due to a significant tenancy breach. This policy clarifies the reasons and methodology for assessing whether tenants with Fixed Term Tenancies will be offered a new tenancy when their existing term ends, or whether they must seek alternative accommodation within social housing stock locally or make their own housing arrangements.
Scope
2.1. This policy applies to all Fixed Term Tenancies held with B3Living.
1.2. The aim of the policy is to ensure clarity for staff when assessing which customers will not be offered an Assured Tenancy at the end of their Fixed Term Tenancy.
1.3. B3Living will openly communicate this policy to our customers to ensure that they have clarity around actions which may cause them to have their tenancy revoked at the end of the fixed term.
1.4. B3Living will always aim to support tenants to sustain their tenancies. It is intended that the vast majority of customers who still hold a Fixed Term Tenancy will have
their tenancy become an Assured Tenancy at the end of the fixed term. However, B3Living may opt to write to the tenant prior to the end of their fixed term to inform them that their tenancy will not be renewed in a minority of cases where:
► there has been a significant tenancy breach; and,
► the end of the fixed term is approaching; and,
► alternate legal or other remedies would not be worthwhile.
3.1 Conditions for non-renewal of a Fixed Term Tenancy
3.1.1 The following tenancy breaches may lead to a customer not having their FTT become and Assured Tenancy:
► Current balance and history of rent arrears
· The tenant has significant rent arrears or there is evidence of persistent failure to pay rent on time and a history of broken agreements.
· Consideration given to any recovery action that has already commenced under Income Management Policy to ensure the tenant has had opportunity to make payments and access advice.
► Tenancy conduct
· The tenant has been responsible for any serious anti-social behaviour, for example being served a Criminal Behaviour Order (or equivalent), an injunction or any action commenced in accordance with our Anti-Social Behaviour Policy.
· The tenant has not maintained their home in accordance with their responsibilities outlined in their tenancy agreement in a significant way.
3.1.2 Where B3Living does not intend to issue an Assured Tenancy, the customer must be served a notice at least six months prior to the expiry of their Fixed Term Tenancy stating whether we intend to terminate the tenancy with no offer of alternative accommodation.
3.2 Appeals
3.2.1 An appeal must be made within 21 working days of the notice setting out our decision not to renew a fixed term tenancy.
3.2.2 The appeal will be heard by a Head of Service, and another manager not directly connected with the team responsible. A decision on an appeal will be given within 10 working days of receiving full details of the grounds for the appeal. If we are unable to do this we will explain why and advise them of when we can reach a decision.
3.2.3 The appeal will be conducted on the basis of a written submission but a verbal hearing will be granted if requested. We will notify the appellant of the result of the appeal in writing. If the outcome of the appeal is to confirm the original decision, we will give the reasons for confirming the decision and state that no further appeals can be made
We will apply this policy consistently, fairly and with professionalism. We do not discriminate against any person on grounds of their age, disability, gender reassignment/transgender, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation or any other matter that may cause a person to be treated with injustice.
We will use plain language and make information available in different formats and languages for staff and customers on request.
Data protection and information security
This policy will be operated in line with B3 Living’s Data Protection and Confidentiality Policy.
Customer voice
We aim to provide excellent services to all our customers. If a customer is not satisfied with the way in which we have implemented this policy, they can request an appeal, as outlined in the body of this policy.
Compliance
This policy and its implementation is fully compliant with the regulatory framework for social housing.
Linked policies, procedures and guidance
► Allocations and Lettings Policy
► Antisocial Behaviour Policy
► Income Management Policy
► Equality and Diversity Policy
Responsibilities
All relevant employees have a responsibility to ensure that this policy is applied as intended. The roles and responsibilities of individual officers are detailed in relevant job roles. The overall responsibilities are with:
► Policy approval – Board
► Overview of performance – Leadership Team
► Day to day operational responsibility – Housing Managers
► Day to day service delivery – Operational Staff
Performance monitoring
No KPIs apply to this policy. However, for reporting purposes, B3Living will keep a record of any customers whose tenancies are ended at the end of the Fixed Term on QLx (the internal housing management system).