Issue - meetings

Housing Portfolio

To consider report CH/199 of the Head of Crawley Homes, which was referred to the meeting of the Overview and Scrutiny Commission on 6 March 2023.

RESOLVED

That the Cabinet:

a)            approves the Tenancy Policy (Appendix A to report CH/199) for adoption and subsequent publication.

b)            delegates authority to the Head of Crawley Homes, in consultation with the Cabinet member for Housing, to review and make amendments to the Tenancy Policy as further changes to legislation and statutory guidance are introduced.

(Generic Delegation 7 will be used to enact this recommendation).

c)            delegates to the Head of Crawley Homes the variation process required for introductory flexible tenancies under Section 103 of the Housing Act 1985

(Generic Delegation 3 will be used to enact this recommendation)

Reasons for the Recommendations

In line with the Localism Act 2011 and Regulatory Standards, it is a requirement for social landlords to have a policy in place which sets out their approach to offering tenancies and making best use of stock, as well as how they will manage and sustain tenancies.

The proposed Tenancy Policy sets out the Council’s revised approach.

The Cabinet considered report CH/199of the Head of Crawley Homes, who introduced the report to the Cabinet.  The report sought approval for the amended Tenancy Policy.

Councillor T Belben presented the Overview and Scrutiny Commission’s comments on the report OSC/309 to the Cabinet following consideration of the matter at its meeting on 6 March 2023.

With the agreement of the Chair, Councillors Crow and Burgess also spoke on the item.

Councillor S Mullins spoke as part of the discussion on the report and asked the Head of Crawley Homes a number of questions over the proposed new Tenancy Policy, including seeking information over how the transition would work for flexible joint tenancies, mutual exchanges, downsizing and introductory tenancies. Following the response from officers, the Cabinet felt that the alacrity given had provided the confidence it needed to fully support the amended Policy.

RESOLVED

That the Cabinet:

a)             approves the Tenancy Policy (Appendix A to report CH/199) for adoption and subsequent publication.

b)             delegates authority to the Head of Crawley Homes, in consultation with the Cabinet member for Housing, to review and make amendments to the Tenancy Policy as further changes to legislation and statutory guidance are introduced.

(Generic Delegation 7 will be used to enact this recommendation).

c)              delegates to the Head of Crawley Homes the variation process required for introductory flexible tenancies under Section 103 of the Housing Act 1985

(Generic Delegation 3 will be used to enact this recommendation)

Reasons for the Recommendations

In line with the Localism Act 2011 and Regulatory Standards, it is a requirement for social landlords to have a policy in place which sets out their approach to offering tenancies and making best use of stock, as well as how they will manage and sustain tenancies.

The proposed tenancy policy sets out the Council’s revised approach.

To consider report CH/199 of the Head of Crawley Homes.

The Commission considered report CH/199 with the Cabinet Member for Housing, Head of Crawley Homes and Head of Strategic Housing.  The report sought approval for the amended Tenancy Policy.

During the discussion the following comments were made:

·         Recognition that from 1 April 2023 all new Council tenants would be offered secure periodic tenancies. Existing flexible tenants would be offered a new secure periodic tenancy to replace their flexible tenancy, the grant of these new tenancies to take place over a two year period commencing 1 April 2023.   It was confirmed that introductory flexible tenancies would be phased out using the provisions of section 103 of the Housing Act 1985.  This was a prescribed process to be followed should the policy be approved. 

·         It was noted the phase out was resource intensive and a 2 year period offered stability during the transition and would not require additional finances to administer.  The phasing out process of introductory flexible tendencies was discussed in detail together with clarification provided on the communication methods and publicity required for tenants including letters, social media, and newsletters.

·         Recognition that the Council has had limited success to date creating opportunities for best use of stock through the review process at the end of the tenancy fixed term.  Only a small percentage (less than 30%) of the Council’s stock has been let on a flexible tenancy and there was a limited number of those tenancies that have been subject to review to date.

·         Acknowledgement flexible tenancies presented the Council with a number of difficulties and/or challenges  associated with ongoing management.  However, despite the number of management challenges there were also benefits to the Council of offering flexible tenancies, including the opportunity of rightsizing households at the end of the fixed term although such outcomes had been limited to date but over the longer term this pattern could change.

·         Confirmation that downsizing can be difficult to achieve other than through negotiation or incentive and further details on the incentive scheme were provided.  Opportunities for financial incentives together with other options (such as property condition and repair) were being investigated as it was important to enable movement within the housing register.  Additional information was provided with regards to under-occupation, mutual exchange, and the potential for lodgers.

·         Recognition that whilst benchmarking with other local authorities had not taken place directly it was observed that other landlords had taken similar decision routes.

RESOLVED

That the Commission noted the report and requested that the views expressed during the debate, were fed back to the Cabinet through the Commission’s Comment sheet.