Position on use of fixed term tenancies
The Regulator of Social Housing states in the Tenancy Standard that
RPs should not adopt a blanket approach to granting fixed term tenancies and should only grant tenancies for a minimum fixed term of less than five years. Where a RP makes use of fixed term tenancies for a term of less than five years, they should set out in a policy the circumstances in which they will do so.
The use of short-term tenancies can have a negative effect on the sustainability of neighbourhoods and longer-term regeneration plans. This does not support the Authority’s commitment to building neighbourhoods and town centres that are clean, green, safe and places to be proud of. Therefore, the Authority does not approve of the provision of short-term tenancies by RPs.
8.1 Empty Homes Programme
Flexible (fixed term) Tenancies for new tenants will be for three years (including one-year introductory period) depending on how the Authority leases a property. Tenants who have previously completed a fixed term tenancy will be offered a fixed term tenancy (without a starter period), the length of which will be at the discretion of the Authority (but not less than two years).
8.2 Adapted Properties
At times the Authority may offer a fixed term tenancy where a property has been significantly adapted to the needs of a household member. If the adaptations are no longer required or circumstances have changed and the property no longer meets the needs of the household, the Authority will support the household to find alternative and suitable secure accommodation.
8.3 Right to Buy
The Authority will exclude any properties from the Right to Buy scheme that have been significantly adapted. Refer to Right to Buy Scheme.
8.4 Section 154 Localism Act 2011
Gives local authorities the power to offer flexible tenancies to new social tenants and to family intervention tenants. A flexible tenancy is a secure tenancy of a fixed term.
8.5 Rough sleepers
Where a fixed term tenancy is offered, and the accommodation forms part of a housing pathway for current and former rough sleepers, and those at risk of rough sleeping, and support is being received, the tenancy will be for a maximum period of two years.
8.6 Domestic Abuse
The Domestic Abuse Act 2021 ensures that lifetime tenants who suffer domestic abuse will retain lifetime security if they are granted a new tenancy by a local authority for reasons connected with the abuse. This protection applies to victims who have a lifetime tenancy or those who have previously had a lifetime tenancy and have fled their social home to escape domestic abuse. The protection also applies to victims of domestic abuse who have a joint lifetime tenancy and who wish to continue living in their home after the perpetrator has left. The provisions apply to lifetime tenants of both local authorities and private registered providers of social housing.