North Yorkshire Council
Housing & Leisure Overview & Scrutiny Committee
25 November 2024
Draft Tenancy Policy
Report of the Corporate Director Community Development
1.0 PURPOSE OF REPORT
1.1 To consider the Council’s draft Tenancy Policy.
2.0 SUMMARY
2.1 This report highlights the need for the Council to adopt a Tenancy policy and to undertake consultation on a proposed draft version of that policy which was developed as part of the preparations for Local Government Re-Organisation (Appendix A).
2.2 Subject to further legal opinion as well as both tenant and member consultation, the draft policy in its current form sets out what the Councils’ approach to the management of its homes could look like in the future. In addition, it covers a broad range of other issues including what type of tenancies the Council could issue.
2.3 The draft policy seeks to harmonises the three existing policies which remain in operation in the former Harrogate, Richmondshire and Selby council areas. The purpose of this report is to gain the view of Members to help inform the final recommendation to Executive.
3.0 BACKGROUND
3.1 Registered Providers (and which includes North Yorkshire Council) are required by law to meet the expectations set out in the Regulator of Social Housing’s consumer standards (Tenancy Standard). The draft Tenancy policy has been updated to ensure that we can fulfil the expectations set out in this particular standard.
4.0 TENANCY POLICY
4.1 This proposed policy is a revised policy which was initially developed as part of the preparations for Local Government Re-Organisation. It has been refined further still to ensure that it is up to date, reflects current best practice and to provide assurance that we remain compliant with the Regulator of Social Housing’s consumer standards.
4.2 It is also currently subject to detailed examination by external Counsel who specialise in this area of housing law.
4.3 There are four areas in particular which require specific consideration, and which are set out in the accompanying points for consultation document (Appendix B) as unlike other housing management policies, there was a degree of variation as to how the former legacy Councils approached this area with regards to the types of tenancies they would issue and the rights they would grant to their tenants.
4.4 For example, both Selby and Harrogate chose to use the discretion afforded to them through the Localism Act 2011, to offer secure flexible tenancies for new social housing tenants rather than secure lifetime tenancies. This was because they each viewed this as an opportunity to meet their housing needs in a more flexible way.
4.5 Richmondshire on the other hand, and in keeping with other registered providers operating across North Yorkshire, took the opposite view. They, together with their tenants, determined that the use of flexible tenancies was inconsistent with their aspirations to develop and support sustainable communities.
4.6 Within the consultation document we are proposing that NYC consider adopting the approach taken by Richmondshire and other registered providers (Broadacres, Beyond Housing and Yorkshire Housing in particular) and look to offer the most secure form of tenure to its tenants. This would mean that we would cease to offer flexible tenancies save potentially for very limited circumstances and that all current flexible tenants would convert to fully secure tenants through the operation of time.
4.7 The Localism Act 2011 also reduced the statutory rights of succession to spouses and civil partners and which in effect removed the ability for the tenants grown up children or long-term carers who may have lived in the property as their principal home to succeed to the tenancy. Local authorities could however choose to grant such rights contractually through the tenancy agreement if they so wished.
4.8 Again, as was the case with the use of flexible tenancies, both Selby and Harrogate opted not to grant such rights meaning that all new tenants from 1st April 2012 onwards had less statutory rights than those who were already tenants at this point. Richmondshire however chose not to limit the rights of succession in this way on the basis that the numbers were not that high and that successions often took place at a difficult time emotionally for those families affected.
4.9 However, such an approach can have unintended legal consequences and therefore we have sought the opinion of specialist Counsel generally and on this particular aspect of the policy specifically.
4.10 There are no other key changes proposed within the draft tenancy policy.
5.0 CONSULTATION
5.1 It is in accordance with North Yorkshire Councils consultation principles that a public consultation be carried out before either this strategy or policy are adopted. The consultation began in October and will run for 8 weeks and end on 20 December 2024.
5.2 The draft policy has been published on the consultation area of the NYC website and is being promoted to tenants and stakeholders through targeted communications. The results of our consultation activity will be analysed and taken into consideration in the review of the policy and the outcomes will accompany the subsequent decision report.
6.0 CONTRIBUTION TO COUNCIL PRIORITIES
6.1 The Tenancy policy contributes principally to the following Council priorities:
· Place and Environment: Communities are supported and work together to improve their local area.
· People: People are free from harm and feel safe and protected.
7.0 ALTERNATIVE OPTIONS CONSIDERED
7.1 As a local authority, it is a legal requirement to comply with all relevant legislation and which in this case means the requirements set out within the Localism Act 2011.
7.2 As a registered provider of social housing, it is a legal requirement to comply with the Regulator of Social Housing’s consumer standards (Tenancy Standard).
7.3 Specifically, this particular standard states that, ‘Registered providers shall publish clear and accessible policies which outline their approach to tenancy management, including interventions to sustain tenancies and prevent unnecessary evictions and tackling tenancy fraud.’
7.4 North Yorkshire Council has already self-referred to the Regulator indicating that it is non-compliant with a number of requirements across the consumer standards. Failing to harmonise this policy could create a risk of additional non-compliance and further undermine the organisations’ credibility.
8.0 FINANCIAL IMPLICATIONS
8.1 The main financial implications arising from this report relate to changes in working practices as the proposal to adopt fewer tenancies and make the policy clearer to understand and to implement will reduce the associated bureaucracy. It is however difficult at this stage to pinpoint the exact cost savings that would be achieved as a result.
9.0 LEGAL IMPLICATIONS
9.1 As stated above, it is a legal requirement for the Council to have an up-to-date Tenancy policy. Due to the significant complexity of bringing together three quite distinct and highly prescriptive policies, specialist Counsel opinion has had to be sought. This opinion will help us to understand how we can achieve our aims and minimise the risk of any subsequent legal challenge.
9.2 It is a requirement of the Regulator of Social Housing Transparency, Influence and Accountability standard for a Registered provider, ‘to take tenant’s views into account in their decision making about how landlord services are delivered and communicate how tenant’s views have been considered.’
9.3 It is also good practice and in line with North Yorkshire Councils own consultation principles to consult on a policy which concerns a significant number of its residents (tenants).
10.0 EQUALITIES IMPLICATIONS
10.1 An Equalities Impact Assessment form has been completed and reviewed internally. This was a combined approach alongside the revised Tenancy Strategy. (Appendix C)
11.0 CLIMATE CHANGE IMPLICATIONS
11.1 A climate change impact assessment form has been completed acknowledging that there are no significant impacts. (Appendix D)
12.0 POLICY IMPLICATIONS
12.1 The draft Tenancy policy, or a revised version of it, would replace the three existing Tenancy policies if approved.
12.2 The landlord service would adopt a new, combined policy, following approval, no later than from 1 April 2025 onwards.
13.0 RISK MANAGEMENT IMPLICATIONS
13.1 The Council (in its role as Social Housing Landlord) risks a further breach of the Regulator of Social Housings’ consumer standards and which in turn would undermine their confidence in the improvement plan we have already submitted following the issuing of their regulatory judgement earlier this year.
14.0 REASONS FOR RECOMMENDATIONS
14.1 It is a requirement of the Regulator of Social Housing Transparency, Influence and Accountability standard for a Registered provider, ‘to take tenant’s views into account in their decision making about how landlord services are delivered and communicate how tenant’s views have been considered.’
14.2 It is in accordance with North Yorkshire Councils consultation principles that a public consultation be carried out before this strategy and policy are adopted.
15.0 RECOMMENDATIONS
15.1 The Committee are asked to note the report and provide:
i) Feedback on the content of the draft Tenancy policy.
ii) Questions as required for discussion with the Executive Member for Housing.
Nic Harne
Corporate Director – Community Development
County Hall
Northallerton
13 November 2024
Report Authors – Carl Doolan, Head of Housing Management & Landlord Services
Presenter of Report – Andrew Rowe, Assistant Director for Housing
APPENDICES:
Appendix A – Draft NYC Tenancy policy
Appendix B – Points for consultation
Appendix C – Equalities Impact Assessment form
Appendix D – Climate Change Impact Assessment form
BACKGROUND DOCUMENTS: none
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.