Issue - meetings

To receive a report from the Head of Housing & Health. Following on from Cabinet approval on 1^st April 2025 to commence statutory consultations with tenants under the Housing Act 1985 section 103 to vary the terms of our tenancy agreement this report presents the results of the consultation and the final draft Tenancy Agreement for approval.

The Group had before it a report * from the Head of Housing & Health setting out the steps needed to meet the legal requirements for varying the terms and conditions of tenancy for existing tenants.

The contents of the report were outlined with particular reference to the following:

·       This document set out the rights and responsibilities of tenants.

·       3000 consultation packs had been sent out regarding the Variation to the Tenancy Agreement (TA).

·       All references to Flexible Tenancies had been removed and a new clause added for CCTV.

·       More detail had been added regarding Anti-Social Behaviour (ASB) and keeping people safe.

·       Multiple ways for tenants to respond to the consultation had been offered. The consultation had ended on 30 June 2025.

·       214 responses had been received which equated to approximately 7%.

·       The majority of the responses had said that the new TA was clear and sensible. There were some concerns regarding the use of communal spaces.

·       The aim was to issue the new Tenancy Agreement by the end of October 2025 following approval.

·       This was a vital step towards modernising the housing service.

Discussion took place regarding:

·       Whether or not powers around ASB would be strengthened as a result of this new document. It was confirmed that they would be re-emphasised.

·       A response rate of 7% was typical following a consultation.

·       It was felt that for many ‘not responding’ was probably a sign that they were ‘happy’.

RECOMMENDED to that Cabinet that:

a)    The Tenancy Agreement is approved subject to any responses from new tenants signed up after the preliminary consultation ended.

b)    Delegated authority be given to Head of Housing and Health (in  consultation with the Cabinet Member for Housing, Assets and Property Services)  to review the consultation responses from the new tenants and authorise such changes to the new tenancy agreement as he considers necessary in the light of any late consultation responses.

c)     Delegated authority be given to Head of Housing and Health (in consultation with the Cabinet Member for Housing, Assets and Property Services) to draft and serve the notice of variation to existing secure/introductory tenants under section 103 of the Housing Act 1985 to vary the terms and condition of their tenancies so that they are on the terms and conditions of the new tenancy agreement.

(Proposed by the Chair)

Reason for the decision

As a registered provider (RP) of social housing, the Council was obliged to comply with the requirements of the Housing Act 1985. The specific requirements within the Act with regard to the legal requirements for introducing a new Tenancy Agreement were set out within the report.

The Council’s legal team had been closely engaged through this process with regard the updated Tenancy Agreement itself and the notice/adoption process to ensure legal compliance.

Note: * Report previously circulated.