Tenancy Policy 2024 / 25

Contents

  1. Introduction
  2. What we offer
  3. Demoted tenancies
  4. Use of fixed term tenancies
  5. Length of fixed term tenancies
  6. Renewing a fixed term tenancy
  7. Advice and assistance
  8. Appeal a fixed term tenancy decision
  9. Succession
  10. Tenancy fraud
  11. Adapted homes
  12. Mutual exchange
  13. Your own home improvements
  14. Lodgers and subletting
  15. Contents insurance
  16. Ending your tenancy
  17. Tenancy agreement
  18. Damp, mould, and condensation
  19. Help and support
  20. Contact us
  21. Monitoring and review

Introduction

This policy tells you our approach to tenancy management, including how we will help to sustain tenancies, prevent evictions, and tackle tenancy fraud.

The policy covers homes owned and managed by South Tyneside Council Housing Services.

It sets out:

  • the type of tenancies we offer,
  • when we use them,
  • how we manage them

It also aims to:

  • make sure we offer tenancies which make the most efficient use of our homes,
  • support strong communities,
  • meet the requirements of the Localism Act 2011

What we offer

Introductory tenancies

New tenants will usually get an introductory tenancy. This is usually followed by a secure 'lifetime' tenancy.

You become a secure or fixed term tenant after twelve months, unless we have either:

  • started action to evict you,
  • extended your introductory tenancy

Licenses, non-secure tenancies, or occupation agreements

Anyone moving into short term or temporary housing is usually offered them. For example:

  • homes let to homeless households
  • supported housing projects

Secure lifetime tenancy

Preferred for most tenants. They allow you to live in a home for the rest of your life.

Secure lifetime tenancy (Extra Care)

Preferred for all tenants moving into Extra Care housing. They allow you to live in a home for the rest of your life.

Fixed term Secure tenancies (used only in limited circumstances)

The Localism Act 2011 introduced a power for Councils to offer flexible tenancies to new social tenants.

Flexible tenancies, also known as fixed term tenancies, usually last for at least five years, but for a minimum of two years.

At the end of the fixed period, we may:

  • offer you another fixed-term tenancy,
  • offer you a secure tenancy,
  • renew your fixed term tenancy

Joint tenancy

Tenants share equal responsibility. You can apply for a joint tenancy at any time if you are married or in a civil partnership.

You must usually have lived together in a home for at least twelve months if you are a couple or related (like brother and sister).

Demoted Tenancies

Demotion orders are used if you are guilty of anti social behaviour. They are a last chance for you to improve your behaviour before we start possession proceedings.

Only a judge can demote a tenancy. Once they grant a demotion order, your tenancy is demoted for twelve months.

After this period, you get 'the old tenancy back', unless we have given you a notice to leave. If this happens, the demotion will last another six months.

A demoted tenancy is not secure, so it has fewer rights.

If more court action is needed by us because of new anti-social behaviour by you, the Council does not have to prove reasonableness when applying for possession. The court has a duty to grant mandatory possession.

Your tenancy can be ended for reasons other than new anti-social behaviour. For example, rent arrears or any other breach of the Tenancy Agreement.

Any arrears of rent you must pay at the end of the secure tenancy is payable under the demoted tenancy.

Use of fixed term tenancies

We only offer them if we know the tenancy will not provide a permanent housing solution for you.

For example:

  • Where a home is part of a leasing arrangement. If it is not owned by the Council and we have to give it back to the private owner at some point in the future.
  • Where an empty home is used for a fixed term until it can be developed, refurbished, or regenerated (to avoid a future decant).
  • Where a home has adaptations that meet your needs that are long term but not lifelong.
  • To make an offer of housing to you if you cannot succeed to a tenancy.
  • If you have too much equity, savings, or assets to be eligible for social housing but you cannot access it at the moment. For example, because of relationship breakdown.
  • To provide housing if you have a time limited right to rent or remain.
  • To allow lettings for management reasons. For example, asking you to temporarily move to allow emergency works to be carried out in your existing home.
  • To complement a government scheme (such as Rent to Buy).
  • Other exceptional circumstances you have (on a case by case basis).

Vulnerable people that need settled housing, where their situation is unlikely to change, should always be offered 'lifetime' tenancies.

Vulnerable groups include:

  • if you have a learning disability or lifelong physical disability
  • if you have autism
  • if you have evidenced severe and long lasting mental health needs
  • if you will live in long term supported / specialist housing
  • if you have a long term medical or welfare need
  • if you are fleeing domestic abuse

Length of fixed term tenancies

They usually last for at least five years, but for a minimum of two years. This does not include any twelve to eighteen month introductory period.

If we want to offer a tenancy for less than five years, this will be an be an exception and agreed with the Council.

Sometimes we will give you a longer tenancy. For example:

  • If you have children attending school or temporarily living away from home, the tenancy length should take into account the age of your youngest child. The tenancy should last at least until all your children reach their eighteenth birthday.
  • If you live in an adapted home or if you have a support need that is long term but not lifelong

Renewing a fixed term tenancy

It is expected that most tenancies will be renewed on review. However, some tenants' needs change over time, and the reviews will take these changes into account.

We expect you to stick to your tenancy obligations, pay your rent, look after your home and respect your neighbours. If at the end of the fixed term you have met your obligations and your financial, family and social circumstances have not changed a lot, we would expect to offer you another fixed term tenancy. There is no limit to the number of times another fixed term tenancy can be offered.

When deciding whether to renew, we will take into account:

  • If your household includes children of pre-school age or in full-time education. For example, bedrooms might not be 'spare' if children are away at university.
  • If you are still vulnerable and your tenancy was originally offered because of your vulnerabilities (for example, if you were under a witness protection programme, you are a care experienced young person or have mental health problems).
  • If your home has been adapted to meet the needs of a disabled person and that person still lives in your home and needs them.
  • If you or a member of your household has support needs and you are getting support. Whether this would be put at risk by a decision to end your tenancy.
  • If you can still afford the rent with any benefit deductions.
  • The demand and stability of the area. 
  • Health needs of your household, especially if a household member is seriously ill.
  • Any caring responsibilities you have to a member of the household and / or relatives or neighbours.
  • If you are involved in anti social activities.
  • If you are in breach of your tenancy conditions. For example, home neglect or rent arrears.
  • If you still qualify for the home based on South Tyneside Council's current Allocations Policy.

Usually, fixed term tenancies will be renewed if, for example:

  • your situation remains the same
  • you still have a need for the type of home you are living in
  • you are not under occupying, or your home is not overcrowded
  • any adaptations made to your home are needed by a member of your household
  • the terms of your tenancy have not been breached

Fixed term tenancies will be reviewed six to nine months before the end of the fixed term.

You must be given at least six months' notice before your tenancy is due to end.

Advice and assistance

If you have not been able to find housing by the time you are given a Notice of Seeking Possession (two months before the end of your fixed term tenancy), housing options advice will be given to help you find suitable housing.

We will be told about any potential non renewals and details of the advice and assistance that has been offered to help you find a new home.

We have a range of Service Standards. They deal with antisocial behaviour, improving your home, keeping you safe in your home, paying your rent, carrying out repairs, plus debt and welfare support.

If you are worrying about paying your rent or with the cost of living, we will take reasonable steps to help prevent rent arrears. Steps include:

  • telling you how much the rent and other charges will be and where you can pay
  • giving welfare benefit advice
  • providing a range of ways to pay rent
  • budgeting support
  • regularly contacting you when you owe us money
  • offering advice and referral to debt advisors to help you stay in your home
  • information on setting up a bank account
  • agreeing a sensible, affordable way to pay off any arrears
  • advising you of your rights and what will happen if you must go to court

We will provide you with services that meet your needs.

All residents can access free and confidential money, debt and welfare advice services provided by our Welfare Support Service:

  • benefit advice
  • support with benefit applications, appeals and tribunals
  • debt advice, including bankruptcy and debt relief orders
  • advice on whether you will be better off in work
  • support with budgeting
  • help with the impact of the bedroom tax or benefit cap
  • support to keep your home and make the most of your money

Appeal a fixed term tenancy decision

You can request a review of your offer of a fixed term tenancy, within twenty one days of receiving it.

Succession

This is when a sole tenant dies, and an eligible partner or qualifying member of your family takes over the tenancy. Succession also includes when a joint tenant dies, and the surviving joint tenant succeeds to the tenancy. This is known in law as survivorship.

There can only be one succession to a Council tenancy.

The Localism Act changed the succession rights of people living with secure council tenants where the tenancy was created after 1 April 2012. In these cases, only a spouse or partner of the deceased tenant has a right to succeed.

Anyone other than a spouse, civil partner or partner must be able to show that they have been living with the tenant for twelve months before their death (and it is their only home). There can be no succession if the deceased was already a successor.

For secure tenancies created before April 2012, any eligible member of the deceased tenant's family can claim the right to succeed.

If you (apart from a surviving spouse or civil partner) succeed to a secure tenancy, and your home is larger than is reasonably needed (for example, if you are a single person that succeeds to a two bedroom home or larger), we will seek to move you to an alternative suitable home. This is to make best use of the affordable homes in the Borough. The Allocations Policy awards priority Band 2 in this situation.

We will ask for evidence for all succession requests. This is to check your identity, your relationship to the deceased, how long you lived with the tenant and your immigration status.

It is your responsibility to provide enough evidence of succession. You also need to provide the death certificate.

Successions do not create new tenancies. The existing rent charge will continue to apply to the successor.

We do not have to offer a spouse, partner, or family member a tenancy of the deceased's home, or any other home we manage, if they have no right to succeed.

We will usually grant discretionary succession if a potential discretionary successor and / or a household member has a specific need or vulnerability, and it is thought by us that moving them to another home would badly affect their wellbeing.

If you are left in occupation on the death of a tenant, we will consider offering a new tenancy or offer an alternative tenancy.

If you do not have the right to succeed to a tenancy, we will ask you to apply to join the housing register.

Tenancy fraud

Examples of tenancy fraud include:

  • Lying or falsifying your situation to get greater priority for housing.
  • Falsifying an application which results in the offer and acceptance of a home.
  • False applications that result in a succession following the death of a tenant.
  • Key selling. Where you move out and are paid to hand over the tenancy to someone else.
  • Subletting the whole of the home (whether for profit or not).
  • Subletting part of the home, if this is not allowed under the tenancy agreement or if you need to ask our permission first.
  • Moving out of your home and allowing members of your family to live in it.
  • Assignment to a person who is not eligible to live there, and without asking our permission.
  • Making an application for Right to Buy with false and or misleading information.

If we have evidence of tenancy fraud, our actions may include:

  • Evicting anyone illegally occupying.
  • Seeking to end a tenancy and recover possession of the home involved in the fraud.
  • Recovering any profit you have made from illegally subletting your home.
  • Supporting the Council to prosecute tenants who illegally sublet their homes. You may face a fine or prison and seizure of any unlawful profit you have made.
  • Refusing to make an allocation or withdrawing an offer of housing.
  • Refusing a request for assignment or succession, or the Right to Buy.

We will investigate all forms of tenancy fraud and will:

  • publicise tenancy fraud
  • act quickly when investigating all allegations of tenancy fraud
  • train our staff to identify potential tenancy fraud
  • work with our partners to help detect and prevent tenancy fraud
  • keep complainants informed and their identity confidential
  • support complainants and witnesses if we need to go to court

Support vulnerable victims of tenancy fraud and signpost to appropriate agencies for help. From time to time, we may audit households to check homes remain lawfully occupied.

Adapted Homes

We have several homes that have been significantly adapted to meet the needs of residents who have physical disabilities.

If you no longer need the adaptations in your home, we will usually ask you to move to another suitable home to 'free up' the adapted property for another resident and / or family.

You will be given additional priority (Band 2) under our Allocations Policy if we want you to move.

Mutual exchange

This is when you swap your home permanently with another tenant. For example, you may want to move because of a new job, to be closer to family, or for a bigger or smaller home. 

You will need to:

  • have been a tenant for at least twelve months
  • be up to date with your rent payments

To organise a mutual exchange within South Tyneside, North Tyneside, Newcastle, or Gateshead, please register your home on the House Exchange website.

Put your request for a swap in writing. We have 6 weeks to get back to you.

You could be evicted if you try to exchange your tenancy without permission.

For advice, please contact the Housing Solutions Service.

Telephone: 0300 123 6633 
Email: connect2@southtyneside.gov.uk

Your own home improvements

The kind of improvements you can make to your home depends on the type of tenancy you have.

Introductory tenants are usually limited to minor improvements like redecorating inside.

If you're a secure tenant, you have the right to carry out improvements to your home.

These include:

  • installing a new bathroom or kitchen
  • building an extension
  • putting up a garden shed or greenhouse
  • installing a new gas fire or fireplace
  • cavity wall insulation
  • redecorating the outside of a house
  • fitting an aerial or satellite dish

Please note: You might need our written permission first for any work you do.

You can usually redecorate, including painting, wallpapering, and replacing ceramic tiles, without telling us.

For anything more than this you must get our written agreement before doing any work. We will not refuse unless there is a good reason.

If you leave your home, you may be eligible for compensation for any improvements you made, if you got permission at the time.

If you do something without permission, we have the right to put things back as they were and charge you for it.

Someone will visit your home to assess the improvements and calculate your payment. They will take into account the age, quality and condition of the work.

Lodgers and Subletting

You are allowed to take in a lodger. A lodger is someone who shares your home with you and you may provide meals for them.

A sub-tenant is someone who lives separately in your home and provides their own meals. If you want to sublet part of your home, you must get our written permission. You are not allowed to sublet the whole of your home and move out.

If you do, we will start legal action to seek possession of the home and you will lose your tenancy. You can also be prosecuted and fined.

You are responsible for the behaviour of anyone who lives in your home.

If you leave your tenancy, it is your responsibility to make sure that your lodger or sub-tenant leaves when you do. If you receive housing benefit or Universal Credit, you must tell us and the Department for Work and Pensions about any rent you receive.

Contents Insurance

We do not automatically insure furniture, belongings and decorations against fire, theft, vandalism or water damage such as burst pipes.

The contents insurance scheme with Royal and Sun Alliance is specifically designed for the needs of tenants and leaseholders.

You can apply online at RSA Insurance: Tenants or via our application form.

For further information please contact us.

Ending your tenancy

To end your tenancy, you must give us at least four weeks' notice in writing. Your tenancy must end on a Monday.

If you do not give us the proper notice, we will still charge you rent for the four week period.

We will usually charge you if:

  • you do not leave the property clean and empty and we have to clear your possessions
  • repairs that are your responsibility have not been carried out or if you have caused damage
  • you have carried out alterations without our permission
  • you leave anyone living in the flat after you leave, and we must take court action to evict them

Tenancy agreement

We will give you a tenancy agreement written in Plain English. This is a legal agreement between the Council (landlord) and you, which sets out rights and responsibilities.

Damp, mould, and condensation

We take a zero tolerance approach to damp and mould. We are here to support customers who are struggling with these issues.

There are different types of dampness that may affect your home, including:

  • rising damp
  • damp patches (penetrating damp)
  • leaks from plumbing
  • condensation and mould

Condensation can be the biggest cause of damp in homes. Condensation may be made worse if the other types of dampness are also present.

There is a lot of information available to you to help.

You can easily report a problem or get advice by contacting us:

  • Through our live chat
  • Email: connect2@southtyneside.gov.uk 
  • Telephone: 0300 123 6633
  • Post: South Tyneside Council Housing Services, Town Hall and Civic Offices, Westoe Road, South Shields, Tyne and Wear, NE33 2RL 
  • Typetalk: we welcome calls through Typetalk. Textphone users please prefix our telephone number with 18001

Help and support

Our Welfare Support Service is the first point of contact for money advice in South Tyneside.

They provide debt, benefit, and money advice on the phone, in your local area or if necessary, in your home.

The service is free, impartial, and confidential.

We can help if you need:

  • benefit advice
  • uspport with benefit applications, appeals and tribunals
  • debt advice, including bankruptcy and debt relief orders
  • advice on whether you will be better off in work
  • support with budgeting
  • help preparing for Universal Credit
  • help with the impact of the Bedroom Tax or Benefit Cap
  • support to keep your home and make the most of your money

Please contact us:

Phone: 0191 424 6040
Email: welfaresupport@southtyneside.gov.uk

Citizens Advice offers confidential advice online, over the phone, and in person, for free.

Contact us

If you want any help including:

Please contact us:

Telephone: 0300 123 6633
Email: connect2@southtyneside.gov.uk 
Post: South Tyneside Council Housing Services
South Shields Town Hall
Westoe Road
South Shields
NE33 2RL

If you need to contact us about homelessness, call us for free on 0800 141 2645.

Alternatively, you can have an online conversation with one of our Customer Service Advisers, 9am to 5pm, Monday to Friday.

Please note: We are unable to take payments or set up Direct Debits over this service.

Monitoring and review

This Policy was developed following consultation with Officers at South Tyneside Council, plus residents.

It will be reviewed and monitored every year by the Housing Strategy Team at South Tyneside Council.