Agenda item

To receive a report from the Head of Housing and Health on the Variation of Tenancy Agreement 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 presents the results of the consultation and the final draft Tenancy Agreement for approval.

The Cabinet had before it a report * from the Head of Housing and Health on the Variation of the Tenancy Agreement.

RESOLVED that:

1. The Tenancy Agreement attached in Annex A be approved subject to any responses from new tenants signed up after the preliminary consultation ended.
2. 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 considered necessary in the light of any late consultation responses.
3. 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 were  on the terms and conditions of the new Tenancy Agreement

As recommended by the Homes Policy Development Group.

The Cabinet had before it a report * from the Head of Housing and Health on the Variation of the Tenancy Agreement.

The Cabinet Member for Housing, Assets and Property outlined the contents of the report with particular reference to the following:

• The Council had been undertaking a thorough process over the last 12months to update the Council’s standard Tenancy Agreement for all it’s secure and introductory tenants. To update such an agreement was a major exercise as it impacted most of the Council’s residents living in a Council home both current and new.
• The current Tenancy Agreement was last updated in 2016, since then there had been significant changes in legislation and the wider regulatory landscape in addition to major events such as the fire at Grenfell Tower and the Covid pandemic. These had impacted on the Council’s operating environment as a social landlord whereby the Tenancy Agreement needed to be updated to reflect the change and numerous recent policy updates.
• Following on from Cabinet approval on 1 April 2025 to commence statutory consultations with tenants under the Housing Act to vary the terms of the Council’s Tenancy Agreement, the report presented the results of the consultation and the final draft Tenancy Agreement for approval.
• The consultation and the draft agreement were produced in close partnership with the Council’s Legal Services and Mid Devon Housing (MDH) team to ensure it was fit for purpose and fully compliant with the legal requirements. This was important as the Tenancy Agreement was the formal agreement between the Council and each of their residential Council tenants. As such, it underpinned the core relationship with them and was the key basis for the Council’s ongoing tenancy management.
• More information on the extensive tenant consultation exercise and the responses were set out in more detail in sections 2 and 3 of the report respectively.
• Subject to Cabinet approval, MDH would plan and implement the introduction of the new terms & conditions set out in the new Tenancy Agreement. This process would vary for a small number of new tenants who had signed up with MDH after the consultation closed in August this year compared to the existing tenants who were able to be involved in the consultation. Once the new agreement was live, then existing tenants would transfer to the new agreement and relevant future tenants would be automatically signed up under the new document until such time as the agreement may need to be reviewed and updated again.

Discussion took place with regards to:

• How was the Council managing the overgrown gardens that also included gardens with rubbish and rodents?   It was explained that it was the tenant’s responsibility to maintain their own gardens. Housing Officers would check properties and report appropriately to ensure actions were taken.

RESOLVED that:

1. The Tenancy Agreement attached in Annex A be approved subject to any responses from new tenants signed up after the preliminary consultation ended.
2. 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 considered necessary in the light of any late consultation responses.
3. 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 were  on the terms and conditions of the new Tenancy Agreement

As recommended by the Homes Policy Development Group.

(Proposed by Cllr J Lock and seconded by Cllr S Keable)

Reason for Decision:

As a registered provider (RP) of social housing, the Council is obliged to comply with the requirements of the Housing Act 1985.

It is good practice to review tenancy agreements on a regular basis to take account of changes to legislation, regulatory requirements, policy and good practice.  RPs also need to ensure that those responsible for housing management can rely on a robust tenancy agreement which can be used in support of efficient and effective management of tenancies and the housing stock. 

Note: * Report previously circulated.