Management of tenancies - legal aspects

1. Statement of intent

1.1 Woking Borough Council aims to deal with all aspects of management of tenancies in accordance with current legislation.

1.2 The Council will therefore ensure that procedures are in place to deal with all aspects detailed below in a fair, appropriate and timely manner.

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2. Detail

Illegal occupation

2.1 The Council is committed to ensuring that housing stock is used effectively to meet housing need in the Borough and that any properties becoming vacant are re-let to new tenants as soon as possible in accordance with the Council's allocations criteria.

2.2 The presence of illegal occupants undermines this commitment, so the Council will take steps to prevent unauthorised occupation and to evict illegal occupants at the earliest opportunity.

2.3 The Council will carry out its responsibilities under this policy in a fair manner, in accordance with the law, and ensuring illegal occupants have access to advice about their rights and about the opportunities for re-housing.

Assignment

2.4 Assignment is where a tenant, during his or her lifetime, transfers rights and duties under a tenancy to another person. Assignments are permitted in law by mutual exchange, by assignment to a potential successor and by assignment following a court order.

Succession

2.5 A succession may occur after a tenant has died and where another individual may have the right to take over the tenancy.

2.6 Rights of succession are contained in detail in the Housing Act 1985 and within the procedures for dealing with applications to succeed to a tenancy.

2.7 The Council's policy number 35: Non-statutory succession, allows for consideration of a new tenancy being granted in certain circumstances where there has already been the statutory number of successions/ assignments to a tenancy.

Joint Tenancies

2.8 Where a joint tenant wishes to transfer the tenancy to the partner in the joint tenancy this is an assignment to a person who is qualified to succeed to the tenancy. Appropriate administrative and legal checks will be made before agreeing to such a request for instance to ensure there have been no previous successions or assignments. A deed of assignment will be required, signed by both parties.

2.9 Where a sole tenant asks for a joint tenancy with a partner, this effectively creates a new tenancy. Appropriate procedural and administrative checks will be made before this is agreed for instance to ensure there has been no previous succession or assignment as new succession rights would be created.

2.10 Only in exceptional circumstances will joint tenancies be allowed between more than two applicants and between family members rather than partners.

Mutual Exchanges

2.11 Tenants of the Council have the right to exchange tenancies with other tenants of councils or registered social landlords.

2.12 The Council is committed to promoting mutual exchanges and will assist tenants seeking alternative accommodation in this way, maintaining a register of tenants wishing to exchange, ensuring there is access to the register and including a section on the Hometrak registration form completed by applicants for transfer to Housing Services IT systems.

2.13 There is detailed legislation within the Housing Act 1985, updated by the Housing Act 2004, relating to mutual exchanges. This is reflected in the Council's procedures.

Right To Buy

2.14 The Council aims to meet all statutory guidelines in processing Right to Buy applications and will provide detailed advice and information for those tenants wishing to purchase their home.

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3. Key targets / standards

3.1 To respond to all requests relating to the above aspects of tenancy management within the statutory time limits stated in Housing Acts.

3.2 To effect any changes to tenancy records within five working days of agreement to the changes.

3.3 To periodically update procedures to reflect current standing orders, financial regulations, legal and good practice.

Date Approved: 23 March 2005
                                     February 2008

The above policy includes a new policy statement on successions and amalgamates the following policies:

No 55: Unauthorised Occupation and Squatting (re-named Illegal occupation)
No 63: Assignment
No 82: Granting of Tenancies (re-named Joint Tenancies)
No 61: Mutual Exchanges
No 65: Right to Buy
No 69: Rent to Mortgage