Flexible Tenancy Review

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The consultation period for this project has now closed - flexible tenancies have no been abolished at MDH and any tenants with a flexible tenancy will move onto a secure tenancy at the end of their term. Thank you to all those that gave us their feedback and helped us make this decision.


What is this?

In line with our service vision, at Mid Devon Housing (MDH) we are committed to putting our tenants at the heart of everything we do. We are also keen to support and grow active tenancy engagement and aim to deliver high levels of customer satisfaction.

For many years now, we have used flexible tenancies. These are fixed term tenancies, lasting either two or five years. In the run up to the end of the tenancy term, the circumstances of the householder are reviewed and, if these have changed, MDH may decide not to issue a new tenancy.

We are considering the continued use of this tenancy type and, in support of the ambitions set out above, we want to give you an opportunity to give us feedback about the use of these tenancies, and other potential changes to our standard conditions of tenancy. We are reviewing our tenancy policy and our agreement and, as part of this, we want to understand what you, the people who live in the homes that we manage, think about the use of fixed term tenancies. We know that many of you will also have a view on the terms and conditions of tenancy and we would like to hear about any particular issues.


Why were flexible tenancies introduced?

The original aim was to ensure that, as a landlord, MDH made the best use of the properties we own and manage. MDH only has a limited stock of larger homes, suitable for families. The new policy was designed to address issues of under-occupation in these properties and to increase the turnover leading to an increase in the supply of available homes. Several years after we introduced our policy, the Government introduced welfare reform including the spare bedroom deduction for those on housing benefits living in a home larger than required, and the Devon Home Choice policy was amended to give more priority to those wishing to downsize.

Another key influence on the decision to adopt the use of flexible tenancies in Mid Devon was a desire to give those in housing need a “helping hand” until such time as they could move into a privately rented home, or buy one. Since then, the current challenges around the rising cost of living are making it hard for some people to pay rents in the private housing sector meaning that this type of accommodation is unaffordable for them.


Why are tenants being asked for their views on the continued use of flexible tenancies?

MDH has decided to review the effectiveness of these tenancies as a tool to make best use of the housing stock. We are keen to find out what tenants actually think about them. Does the fact that the tenancy only last 5 years impact your emotional attachment to your home, for example? We will also look at other factors including rent arrears, the incidence of anti-social behaviour and the cost of bringing a home let on a flexible tenancy back up to our lettable standard once the tenancy has come to an end.

There are other reasons as to why MDH is considering the future use of this type of tenancy. The use of these tenancies can be complicated and require additional resources associated with the lettings process and also the review of each one at the end of each term. The administrative tasks associated with each procedure can be lengthy and time-consuming. Any decisions relating to the renewal of a flexible tenancy must account for the long term health needs and disabilities found in each household. Some tenants may find the process of review intrusive and stressful, with the end result being that their tenancy is renewed anyway due to only a very limited change in their circumstances since they first moved into their home. In addition, people with flexible tenancies may find it more difficult to arrange a mutual exchange and resolve their own housing needs due to the legal requirements and technicalities which need to be taken into account when finding a suitable exchange partner. This is on the basis that when you undertake a mutual exchange, both parties will take on the other’s tenancy as well as their home. What this means, in practice, is that if someone has a secure tenancy, they may not wish to swap that for a flexible tenancy over a fixed term.

It should be noted that there are also some unintended consequences arising from the use of flexible tenancies mostly relating to the procedures used by MDH when seeking to enforce conditions of tenancies in cases where there has been anti-social behaviour or high levels of rent arrears.


How do I get Involved?

We are looking to set up a tenant led focus group so we can hear your thoughts on flexible tenancies. To get involved in this group you can click on the link on the top right hand side of this page, email us directly on tenantinvolvement@middevon.gov.uk or call us on 01884 255255. We understand not everyone wants to join a focus group so if you want to provide your feedback you still can! You can get in touch with us on any of the previously listed contact details, you can take part in the poll on the right hand side or you can add a post to the forum below.


What are the alternatives and other options for consideration?

Potentially, these could include:

  • Stopping the use of flexible tenancies altogether
  • Maintaining the status quo (do nothing?)
  • Adopting a blended approach – for example, retaining the use of flexible tenancies for larger homes including three bedroom and larger properties.

Councillors will be making the final decision on the continued use of these tenancies but we are gathering the views of tenants because we want to understand what you think. We will feedback your thoughts on this to Councillors who will take it into account when they come to consider the options.


The terms and conditions of our standard tenancy agreement

Did you know that the standard tenancy agreement is available to view online? See Tenancy Agreements - MIDDEVON.GOV.UK You can also download this as well as our 2 year and 5 year flexible tenancy agreements on the right hand side. If you are unable to access this online, we can provide you with a paper copy for consideration.

We would like to know what tenants think of the existing terms and conditions. We have identified some changes which we think are needed to bring the existing agreement up to date with changes to relevant laws, policies and good practice and we will be sharing more information about this with tenants as we move forward with our project to review the tenancy agreement. However, at this stage, we are simply keen to find out whether you have any views as to whether or not the existing agreement covers everything of importance to you, your household, your neighbours and your community.

The consultation period for this project has now closed - flexible tenancies have no been abolished at MDH and any tenants with a flexible tenancy will move onto a secure tenancy at the end of their term. Thank you to all those that gave us their feedback and helped us make this decision.


What is this?

In line with our service vision, at Mid Devon Housing (MDH) we are committed to putting our tenants at the heart of everything we do. We are also keen to support and grow active tenancy engagement and aim to deliver high levels of customer satisfaction.

For many years now, we have used flexible tenancies. These are fixed term tenancies, lasting either two or five years. In the run up to the end of the tenancy term, the circumstances of the householder are reviewed and, if these have changed, MDH may decide not to issue a new tenancy.

We are considering the continued use of this tenancy type and, in support of the ambitions set out above, we want to give you an opportunity to give us feedback about the use of these tenancies, and other potential changes to our standard conditions of tenancy. We are reviewing our tenancy policy and our agreement and, as part of this, we want to understand what you, the people who live in the homes that we manage, think about the use of fixed term tenancies. We know that many of you will also have a view on the terms and conditions of tenancy and we would like to hear about any particular issues.


Why were flexible tenancies introduced?

The original aim was to ensure that, as a landlord, MDH made the best use of the properties we own and manage. MDH only has a limited stock of larger homes, suitable for families. The new policy was designed to address issues of under-occupation in these properties and to increase the turnover leading to an increase in the supply of available homes. Several years after we introduced our policy, the Government introduced welfare reform including the spare bedroom deduction for those on housing benefits living in a home larger than required, and the Devon Home Choice policy was amended to give more priority to those wishing to downsize.

Another key influence on the decision to adopt the use of flexible tenancies in Mid Devon was a desire to give those in housing need a “helping hand” until such time as they could move into a privately rented home, or buy one. Since then, the current challenges around the rising cost of living are making it hard for some people to pay rents in the private housing sector meaning that this type of accommodation is unaffordable for them.


Why are tenants being asked for their views on the continued use of flexible tenancies?

MDH has decided to review the effectiveness of these tenancies as a tool to make best use of the housing stock. We are keen to find out what tenants actually think about them. Does the fact that the tenancy only last 5 years impact your emotional attachment to your home, for example? We will also look at other factors including rent arrears, the incidence of anti-social behaviour and the cost of bringing a home let on a flexible tenancy back up to our lettable standard once the tenancy has come to an end.

There are other reasons as to why MDH is considering the future use of this type of tenancy. The use of these tenancies can be complicated and require additional resources associated with the lettings process and also the review of each one at the end of each term. The administrative tasks associated with each procedure can be lengthy and time-consuming. Any decisions relating to the renewal of a flexible tenancy must account for the long term health needs and disabilities found in each household. Some tenants may find the process of review intrusive and stressful, with the end result being that their tenancy is renewed anyway due to only a very limited change in their circumstances since they first moved into their home. In addition, people with flexible tenancies may find it more difficult to arrange a mutual exchange and resolve their own housing needs due to the legal requirements and technicalities which need to be taken into account when finding a suitable exchange partner. This is on the basis that when you undertake a mutual exchange, both parties will take on the other’s tenancy as well as their home. What this means, in practice, is that if someone has a secure tenancy, they may not wish to swap that for a flexible tenancy over a fixed term.

It should be noted that there are also some unintended consequences arising from the use of flexible tenancies mostly relating to the procedures used by MDH when seeking to enforce conditions of tenancies in cases where there has been anti-social behaviour or high levels of rent arrears.


How do I get Involved?

We are looking to set up a tenant led focus group so we can hear your thoughts on flexible tenancies. To get involved in this group you can click on the link on the top right hand side of this page, email us directly on tenantinvolvement@middevon.gov.uk or call us on 01884 255255. We understand not everyone wants to join a focus group so if you want to provide your feedback you still can! You can get in touch with us on any of the previously listed contact details, you can take part in the poll on the right hand side or you can add a post to the forum below.


What are the alternatives and other options for consideration?

Potentially, these could include:

  • Stopping the use of flexible tenancies altogether
  • Maintaining the status quo (do nothing?)
  • Adopting a blended approach – for example, retaining the use of flexible tenancies for larger homes including three bedroom and larger properties.

Councillors will be making the final decision on the continued use of these tenancies but we are gathering the views of tenants because we want to understand what you think. We will feedback your thoughts on this to Councillors who will take it into account when they come to consider the options.


The terms and conditions of our standard tenancy agreement

Did you know that the standard tenancy agreement is available to view online? See Tenancy Agreements - MIDDEVON.GOV.UK You can also download this as well as our 2 year and 5 year flexible tenancy agreements on the right hand side. If you are unable to access this online, we can provide you with a paper copy for consideration.

We would like to know what tenants think of the existing terms and conditions. We have identified some changes which we think are needed to bring the existing agreement up to date with changes to relevant laws, policies and good practice and we will be sharing more information about this with tenants as we move forward with our project to review the tenancy agreement. However, at this stage, we are simply keen to find out whether you have any views as to whether or not the existing agreement covers everything of importance to you, your household, your neighbours and your community.

Page last updated: 25 Sep 2024, 10:03 AM