Tenancy strategy

Fixed term tenancies

The Localism Act gives registered providers the opportunity to change the way that tenancies are granted. Previously, after successfully completing an introductory tenancy, tenants were granted a lifetime tenancy which was honoured unless the conditions of tenancy were broken.

Registered providers may now offer a tenancy for a fixed term period. The starting point for a fixed term tenancy is for five years, but in exceptional circumstances it can be for two years, and a longer term tenancy can be granted if the landlord feels it is appropriate. A fixed term tenancy can be renewed for further periods where it is not suitable to bring the tenancy to an end.

Length of tenancy

Hinckley & Bosworth Borough Council has a preference for lifetime tenancies to continue to be granted to all tenants, and will do so for all council tenancies, except where properties are leased by the council from a private owner, when a minimum of two years tenancy will be granted. However, the council expects that where registered providers are offering flexible tenancies, the tenancy will be granted for as long a period as possible and that tenants will be made aware at the start of the tenancy as to what would be a reason for not renewing the tenancy at the end of the fixed term. They must be assured that the default position is that if nothing has changed they will have their tenancy renewed.

Since this option has been introduced, registered providers have monitored their use of the policy and many are now only using flexible tenancies in properties which are high demand or specialist accommodation. This includes, but is not restricted to, larger house types such as four or five bedroomed houses, or specially adapted homes. In these cases, the tenancy is not renewed if the household or family member no longer needs the accommodation. The council would support the use of flexible tenancies in these instances.

The ending of a fixed term tenancy is not considered to be a punitive action and is therefore not suitable for breach of tenancy conditions such as anti-social behaviour or rent arrears. These issues should be pursued through the registered provider's tenancy conditions procedures, as for lifetime tenancies.

Homelessness duties

Whilst the statutory duty in respect of homelessness is vested in the local authority, registered providers have a duty to render assistance in the discharge of this duty as is reasonable in the circumstances. The council will continue to work in partnership with registered providers to achieve a satisfactory outcome for priority homeless applicants.

Last updated: ‎04/04/2022 13:14