The Localism Act 2011 (legislation.gov.uk) introduced new options for landlords when considering the types of tenancies on offer to applicants for housing. In response to these new options, all registered providers, including stock holding local authorities, have to implement a tenancy policy to let its customers know what type of tenancy they will be granted and the conditions relating to the operation of that tenancy.
The tenancy policy has to have regard to the tenancy strategy, which is published by every local authority. The tenancy strategy for Hinckley & Bosworth Borough Council has been reviewed at the same time as this tenancy policy, and the tenancy policy is in conformity with the guidance in the tenancy strategy.
The tenancy strategy was revised in March 2021.
Prior to the implementation of the Localism Act, council tenants could be offered two tenancy types: introductory tenancies, and, if the introductory period is completed satisfactorily, granting of a secure tenancy.
Councils can now also offer demoted tenancies and flexible tenancies. Demoted tenancies are offered by the council as an alternative to eviction where tenants have been behaving anti-socially. It gives the tenant fewer rights than a secure tenancy but does give them an opportunity to stay in their home if their behaviour improves.
Flexible tenancies allow registered providers, including local authorities, to offer tenancies for shorter periods, usually for five years.
The council will not offer flexible tenancies to any of its tenants in council owned properties, and will continue its policy to offer introductory tenancies to new tenants, converting to a secure tenancy on satisfactory conduct of the introductory period. Where the council is leasing properties for an agreed period, a flexible tenancy will be offered to the tenant for a minimum period of two years. Such a tenant will be explicitly informed of this prior to the commencement of the tenancy with the council.
Local authorities have the option to offer tenancies at either social rent or affordable rent levels. Social rents are set according to a formula set by government, whereas affordable rents are set at up to 80% of the local market rent. The majority of council homes have rents set by the social housing formula, and the council will not convert any of these properties to charging an affordable rent. However, where new housing is added to the council’s stock, the council will consider the use of affordable rents on a site by site basis.
The tenancy policy will be reviewed every five years or more frequently if changes in national policy require amendments to the policy.
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Our tenancy strategy
The council has produced a tenancy strategy. Our tenancy strategy provides information for landlords, it includes the things landlords need to think about when deciding what length and what type of tenancy to grant, and how landlords should manage the review at the end of the fixed term tenancy. It also considers the different ways of charging rent for affordable housing.
For further information visit tenancy strategy
Last updated: 18/04/2023 14:31