Housing Management- Tenancy Policy Review

Types of tenancy issues by the Council 

Introductory Tenancies 

1.  All new social housing tenants housed in Council properties are initially granted a 12-month introductory tenancy unless they fall under specific exceptions: 

• Existing Social Tenants: If a tenant has already completed an introductory tenancy with another social housing provider (such as another council or a housing association) and is transferring to an RBKC property, they do not need to complete another introductory period and can be granted a secure tenancy. 
• Court Orders: Tenants who are being rehoused by a court order may bypass the introductory tenancy and be granted a secure tenancy directly. 

2.  Introductory tenants have fewer legal rights than secure tenants. During the introductory period, tenants cannot: 

• Take in lodgers; 
• Mutual exchange their home or transfer to another landlord; 
• Buy their council home under Right to Buy (but time spent as an introductory tenant can count towards the right to buy qualifying period if the tenancy becomes secure); 
• Make improvements to their home beyond decorating and minor modifications; or  
• Assign their tenancy (unless this is ordered by a court order). 

3.  Tenants moving between RBKC properties will maintain their security of tenure and tenancy rights. 

4.  Introductory tenancies will usually automatically convert to a secure tenancy after 12 months, provided the tenant adheres to the terms of the tenancy agreement during this period. 

5.  In cases where the tenant breaches the terms of an introductory tenancy, the Council may extend the introductory period for a further 6 months, bringing the total introductory period to 18 months. An extension may be deemed appropriate where the Council considers this option more suitable than terminating the tenancy. 

6.  The Council will provide notice to extend the introductory tenancy at least 8 weeks before the end of the introductory period.  
This notice will state: 

• the reason(s) for extending the introductory tenancy; and 
• the tenant’s right to request a review of the decision. 

7.  Full details on the timeframes and processes for requesting reviews can be found in Section 19.  

8.  The Council will notify the tenant of the review outcome before the original 12-month introductory period ends.

Secure (Periodic) Tenancies 

1. Once the introductory period is successfully completed, the introductory tenancy automatically becomes a secure tenancy.  

2.  A secure tenant usually has a range of legal rights, including: 

• The right to buy the property under the Right to Buy scheme; 
• The right to assign the tenancy (subject to conditions in the HM Succession and Assignment Policy); 
• The right to succession (subject to conditions in the HM Succession and Assignment Policy); 
• The right to sublet part of the property (subject to receiving written consent from the Council); 
• The right to take in lodgers (with notification to the Council as per s.93 Housing Act 1985); 
• The right to make improvements to their property (subject to the Council’s approval in line with the Improvements to Your Home Policy); 
• The right to swap their home through a mutual exchange. 

Subletting  

1.  Subletting happens when a tenant lets all their home to someone else - they're known as a subtenant. The subtenant will have exclusive use of the space they rent 

2.  If a secure tenant sublets the whole of the premises, the tenancy loses its secured status, and the Council can seek to obtain possession of the property. This is because the tenant would no longer be occupying the property as their sole and principal home. 

3.  Once the secured status has been lost in this manner, the tenant cannot regain it by returning to reoccupy property.  

4.  Subletting the whole or part of the premises without RBKC’s written consent also amounts to a criminal offence. 

Demoted Tenancies

1.  A demoted tenancy can be issued when a secure tenant, their household members, or visitors, engage in anti-social behaviour (ASB) or use the property unlawfully.  

2.  A demoted tenancy is subject to the same reduced rights as introductory tenancies, and the demoted period will also typically last for 12 months.  

3.  The Council will serve the tenant with notice of its intention to apply for a demotion order at least 28 days before a court application is made. 

4.  If the Council applies for a demotion order, tenants have the right to file a defence within 14 days from the date the application is received. 

5.  If the court grants a demotion order, the secure tenancy will be replaced with a demoted tenancy. The tenant will remain responsible for rent arrears accrued during their secure tenancy and rent credits will be carried forward. 

6.  The period spent as a demoted tenant does not count towards the qualifying residency period for the Right to Buy scheme. For example, if a tenant spends 1 year under a demoted tenancy, that year will not be included when calculating the qualifying period. 

1. Tenancy sustainment support 
2. 1. 1. The Council provides comprehensive tenancy sustainment services to help tenants manage their tenancies and avoid eviction. This includes financial advice, support for vulnerable tenants, and guidance on resolving disputes.  
      2. Tenants can contact the following teams for assistance on tenancy management:  

• Rent Income Team – provides advice on management of rent payments and sustainable payment plans - Customer Services Line: 0800 137 111 or HM-Rentincome2@rbkc.gov.uk  
• Financial Inclusion Team – provides budget guidance, income maximisation advice and assists with benefit claims: financialinclusion@rbkc.gov.uk 
• Housing Solutions Team – provides advice to tenants at risk of losing their tenancy or considering leaving their property as a result of domestic abuse - Housing Advice Line: 0207 361 3008; or Housingsolutions@rbkc.gov.uk. 
• Further information regarding the support that the Council can offer regarding finances and rent can be found in the RBKC Rent Income and Arrears Policy. <----- don't work
  1. 1. 3. Tenants’ local housing officers can also make referrals to internal Council teams for support on request, or if they believe that a tenant may be at risk of losing their tenancy. 
        4. Tenants experiencing difficulties related to tenancy management or problems within their property are encouraged to engage with the Council at the earliest opportunity to explore the various forms of assistance available. 
        5. The Council views eviction as a last resort and will take all appropriate steps to support tenants in maintaining their tenancy. 

Tenancy Transfers 

1. There are various ways to transfer a tenancy. A tenancy can be transferred by: 

• Succession: the process of transferring a secure tenancy to a qualified person following the death of the tenant. 
• Survivorship: a form of statutory succession where a joint tenant is automatically transferred the tenancy after the second tenant dies. 
• Assignment: the process of a tenant transferring their tenancy to another person. 

1. Sole Tenancies

• The tenancies outlined in this policy may be issued as either ‘sole’ tenancies or ‘joint’ tenancies. Applicants are subject to the same qualifying criteria listed in the Council’s Housing Allocation Scheme.  
• A sole tenancy refers to when only one individual is named on the tenancy agreement. The sole tenant is responsible for all aspects of the tenancy. 
• Sole tenants can also bring their tenancy to an end by at time.
• A third party, such as the tenant’s next of kin (with power of attorney), can in some cases terminate a tenancy if the tenant does not have the capacity to do so, if they have been given the legal power to do so.  
• As RBKC only issues introductory and secure tenancies, sole tenants are solely responsible for adhering to the terms of their tenancy agreement and as such, sole tenancies may be terminated if tenants are not adhering to terms of their tenancy agreement.   
• In cases where the tenancy is terminated by the Council, the appropriate legal procedures will be followed. Tenants facing such proceedings will be given appropriate notice and information about their rights during the process. 

2.  Joint Tenancies

• A joint tenancy refers to when two people are named on the tenancy agreement.  
• Joint tenants are "jointly and severally liable," meaning both are equally responsible for meeting the tenancy obligations, including rent. 
• Joint tenancies are generally limited to spouses, co-habitees, and civil partners; exceptions may be made in extraordinary circumstances and will be assessed by the Council on a case-by-case basis.  
• When a joint housing application is submitted and accepted by the Council, a joint secure (lifetime) tenancy may be issued.  

3. Introductory Tenancies

1.  All new social housing tenants housed in Council properties are initially granted a 12-month introductory tenancy unless they fall under specific exceptions: 

• Existing Social Tenants: If a tenant has already completed an introductory tenancy with another social housing provider (such as another council or a housing association) and is transferring to an RBKC property, they do not need to complete another introductory period and can be granted a secure tenancy. 
• Court Orders: Tenants who are being rehoused by a court order may bypass the introductory tenancy and be granted a secure tenancy directly. 

2.  Introductory tenants have fewer legal rights than secure tenants. During the introductory period, tenants cannot: 

• Take in lodgers; 
• Mutual exchange their home or transfer to another landlord; 
• Buy their council home under Right to Buy (but time spent as an introductory tenant can count towards the right to buy qualifying period if the tenancy becomes secure); 
• Make improvements to their home beyond decorating and minor modifications; or  
• Assign their tenancy (unless this is ordered by a court order). 

3.  Tenants moving between RBKC properties will maintain their security of tenure and tenancy rights. 

4.  Introductory tenancies will usually automatically convert to a secure tenancy after 12 months, provided the tenant adheres to the terms of the tenancy agreement during this period. 

5.  In cases where the tenant breaches the terms of an introductory tenancy, the Council may extend the introductory period for a further 6 months, bringing the total introductory period to 18 months. An extension may be deemed appropriate where the Council considers this option more suitable than terminating the tenancy. 

6.  The Council will provide notice to extend the introductory tenancy at least 8 weeks before the end of the introductory period.  
This notice will state: 

• the reason(s) for extending the introductory tenancy; and 
• the tenant’s right to request a review of the decision. 

7.  Full details on the timeframes and processes for requesting reviews can be found in Section 19.  

8.  The Council will notify the tenant of the review outcome before the original 12-month introductory period ends. 

1. Introductory tenancies will usually automatically convert to a secure tenancy after 12 months, provided the tenant adheres to the terms of the tenancy agreement during this period. 
2. In cases where the tenant breaches the terms of an introductory tenancy, the Council may extend the introductory period for a further 6 months, bringing the total introductory period to 18 months. An extension may be deemed appropriate where the Council considers this option more suitable than terminating the tenancy. 
3. The Council will provide notice to extend the introductory tenancy at least 8 weeks before the end of the introductory period.  
   This notice will state: 

• the reason(s) for extending the introductory tenancy; and 
• the tenant’s right to request a review of the decision. 

4. Full details on the timeframes and processes for requesting reviews can be found in Section 19.  
5. The Council will notify the tenant of the review outcome before the original 12-month introductory period ends. 

RBKC Ending an Introductory Tenancy 

1. The Council can end an introductory tenancy if a tenant breaches the terms of their tenancy agreement, such as: 

• Non-payment of rent or persistent arrears. 
• Anti-social behaviour or causing a nuisance. 
• Unlawful use of the property

2. To legally end an introductory tenancy, the Council must obtain and execute a possession order from the court.  To do this the Council will: 

• Serve a Notice of Possession Proceedings (NoPP) with 28 days’ notice stating the reasons for seeking possession and inform the tenant of their right to request a review (see Section 19); and 
• Apply to the court for a possession order after the notice period has elapsed, if decision to serve an NoPP is upheld after a review. 

3. The Council will carry out any reviews and inform the tenant of the outcome before the date after which possession proceedings may begin. 

4. The Council will signpost tenants facing eviction to organisations, Citizens' Advice, aid centres, and law centres for advice and support on reviews and possession proceedings. 

5. The Housing Solutions team can also provide housing advice to tenants facing eviction and at risk of homelessness. Tenants can contact the Team via: 

• Telephone: 0207 361 3008; or Email: housingsolutions@rbkc.gov.uk  

RBKC Ending a Secure Tenancy  

1. The Council can end a secure tenancy on one or more of the following grounds: 

• Non-payment of rent or persistent arrears. 
• Anti-social behaviour or causing a nuisance to neighbours. 
• Damage to the property or using it for illegal purposes. 
• Breach of the tenancy agreement (e.g., overcrowding, unauthorised subletting). 
• Regeneration or redevelopment requiring the tenant to vacate the property. 
• The tenant is no longer occupying the property as their only or principal home (e.g., through subletting). 

2.  The process for ending a secure tenancy involves several stages: 

• Notice of Seeking Possession (NoSP): The Council serves an NoSP to inform the tenant that it intends to take legal action to repossess the property. The NoSP typically provides the tenant with at least 4 weeks’ notice before the Council applies to the Court for a possession order. However, the notice period may vary depending on the grounds for possession. (For example, Schedule 2 of the Housing Act 1985 - Ground 2) 
• After the NoSP expires, the Council can apply to the county court for possession. 

3.  If RBKC wins its case, the court can issue an: 

• ‘Outright Possession Order: This means that the tenant must leave the property by a specified date; or a 
• ‘Suspended Possession Order’: This means tenant can remain if they comply with certain conditions (e.g., paying rent arrears). 

4.  Tenants may challenge the possession order during the court process by presenting a defence. 

5.  If a tenant is issued with an outright possession order and remains in the property after the specified date, the Council can take further legal action to regain possession of the property.  

6.  There is no statutory right to review the Council’s decision to issue an NoSP, unless the Council issued the notice to end the tenancy on an absolute ground such as severe ASB or criminal activity. In such cases, the tenant will have 7 days to request a review. Specific details of how to request a review and any relevant timeframes will be explained in the NoSP. 

7.  Tenants are encouraged to obtain independent legal advice to assist with reviews, defences and general eviction and housing advice. 

Preventing Tenancy Fraud 

1.  RBKC is committed to ensuring that its social housing stock is used fairly and appropriately by those who are genuinely entitled to it.  

2.  Fraud investigations may be conducted if there are concerns that a tenancy was obtained or is being held under false pretenses. Examples of situations that may lead to an investigation include: 

• False Information: Providing misleading or intentionally false information within a housing register application.   
• Subletting: Illegally subletting a council property for profit. 
• Illegal Assignment: Transferring a tenancy to another person without the Council's consent. 

3.  Residents found to have committed tenancy fraud can face: 

• legal action, including eviction;  
• the recovery of any financial gain made through fraudulent activities; and 
• in serious cases, criminal prosecution.  

4.  For further information on how the Council works to prevent and address tenancy fraud can be found in the RBKC Housing and Social Investment Fraud Policy. 

Tenants Ending Their Tenancies 

• If an introductory, demoted, or secure tenant wishes to end their RBKC tenancy, they must provide 4 weeks’ written notice to the Council by completing a Tenancy Termination Form (see Appendix One of the full Policy) to formally end the tenancy.