Summary of Westminster City Council’s Tenancy Policy

Summary of Westminster City Council’s Tenancy Policy

Introduction
The City Council’s Tenancy Policy sets out when secure tenancies and new flexible
tenancies will be offered. Flexible tenancies are for a fixed term and secure tenancies
have no end date. The City Council supports the use of flexible tenancies to make the
best use of the housing stock for those in need and to encourage tenants to keep to the
conditions of the tenancy agreement.

Existing tenants
Existing tenants will retain their secure tenancies – flexible tenancies are for most new
tenants.

The types of Council tenancy available to new tenants from September 2013
Most new council tenants will firstly have an introductory tenancy. This is a trial
tenancy which normally lasts for 12 months. After this a flexible tenancy will be offered
which will normally last for 5 years.

Secure tenancies will only be offered occasionally such as where:
o An older person (60 or over) is moving into community supportive housing (also
known as sheltered/supported accommodation)
o An existing secure tenant of a local authority, or assured tenant of a Housing
Association, is transferring or moving due to redevelopment works. This includes
secure tenants of the City Council who need to move as their estate or area is
being regenerated.

Renewing flexible tenancies
It is expected that most flexible tenancies will be renewed at the same address or
another tenancy offered at a different property. There will be review meeting around
eight months before the tenancy ends to decide this. The meeting will consider how the
needs of the tenant have changed since the tenancy started, such as if the property is
now too large for them and their family and how the tenancy has been conducted.

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If the property is the correct size and there have been no changes in circumstances, or
breaches of the tenancy agreement, another 5 year flexible tenancy will be offered at
the same property.

Where the property has become too large for the tenant and their family, or it has
disabled adaptations which are no longer needed, a flexible tenancy at will be offered at
a property which better meets their needs. The tenant will then have priority to bid for an
alternative property of their choice and support to move where it is needed.

If there have been breaches of the tenancy agreement, and the tenant is not keeping to
an arrangement to address them, another flexible tenancy of only 2 years may be
offered.

In some cases no further tenancy may be offered at any property such as where:
o There has been a very serious or persistent breach of the tenancy agreement
during the flexible tenancy
o The tenant has not participated in the review meeting and provided the
necessary information. This will only be in cases where it would have been
reasonable for them to participate and if they are vulnerable in any way this will
taken into account.

Requesting reviews or appeals about flexible tenancies
Tenants have the right in law to request a review or appeal about the length of their
flexible tenancy, but only where they consider the length of the tenancy offered is not in
line with the City Council’s policy. Tenants also have the right in law to request a review
or appeal about the decision not to offer another flexible tenancy at the same or another
property. In both circumstances requests must be made in writing and within 21 days of
being offered a flexible tenancy. Late requests will only be considered in exceptional
circumstances.

Rent increases for flexible tenants
Flexible tenants will pay social rents for the first five years of their tenancy. Their
income and interest on savings/investments (and that of their spouse, civil partner or
partner) will be calculated at the review meeting and the rent will be increased where it
is more than:
o £66,000 for households living in properties of up to 2 bedrooms
o £80,000 for households living in properties of 3 bedrooms or more.

(These are limits set down by the London Mayor and may be subject to change)

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Where rent increases apply, the rent will go up to a market rent or to 40% of the net
income, whichever is lower.

The government is planning to introduce a similar Pay to Stay Scheme where all social
housing tenants pay a higher rent if their income is above a certain level. If this national
scheme is introduced this part of the Tenancy Policy (on rent increases) may be
reviewed.

Succession to flexible tenancies
In some circumstances a flexible tenancy can be passed on to another family member
when the tenant dies and this is known as succession. The law only allows flexible
tenancies to be passed on once to the tenant’s spouse, civil partner or partner. One
further or discretionary succession may be agreed where the person applying to
succeed is:

The spouse or civil partner of the deceased tenant and had lived with them at the
time of their death, as their only or principal home, for a minimum of one year,
or
o The adult child, brother or sister, or partner of the deceased tenant and had lived
with them at the time of their death, as their only or principal home for a
minimum of five years,
o AND for both the above circumstances
o The person applying has priority to be rehoused under the City Council’s Housing
Allocation Scheme.

Reviewing the Tenancy Policy and more information
The Tenancy Policy will be regularly reviewed and updated.
The full policy is available at http://www.westminster.gov.uk/services/housing/housingstrategy/

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