To receive the draft Tenancy Strategy for Central Bedfordshire in light of public consultation.

The Assistant Director for Housing Services introduced a report and delivered a presentation, which proposed the adoption of a Tenancy Strategy in order to fulfil the Council’s legal requirements conferred on it by the Localism Act 2011. The Committee was informed that the Tenancy Strategy has been developed following a Member’s seminar held in August 2012 and through work undertaken by a Member’s Task & Finish Group, which had worked on associated Housing issues, to make use of the freedoms and opportunities created by the Localism Act, and in response to the National Housing Strategy. The Strategy has been subject to a significant amount of consultation over a 12 week period. The presentation specifically covered the following issues:-

·                    The new freedoms under the Localism Act, the National Housing Strategy and strategic alignment.

·                    The key tenets of the Tenancy Strategy covering the best use of stock, under-occupation and the “hand up” approach.

·                    Introductory Tenancies.

·                    The principles behind tenancy renewal

·                    Consideration of the presumption of tenancy renewal for older people at or above state retirement age.

·                    Consideration of under-occupation of 2 bedroom dwellings by 1 bedroom.

The Committee also received a verbal report from Councillor Charles Gomm, as a member of the Task & Finish Group, which informed the Committee’s discussion on the final two bullet points in particular.

With regard to under-occupation, the Committee recognised that welfare reform will precipitate significant change in the social housing sector (and wanted this issue captured in the Strategy) and also that there is a limited supply of both one bedroom and two bedroom accommodation, that will constrain the opportunities for people to downsize. However, there was also recognition that one bedroom accommodation was less than ideal, and in particular may not suit older and vulnerable people, who may have a carer who stays with them on a regular basis. Mention was also made of the potential adverse impact on children of separated parents who shared residency on an informal basis.

On balance, the Committee recommended to the Executive that the Tenancy Strategy does not allow under-occupation of two bedroom accommodation; but that the position be reviewed in approximately 3 years time, to consider the impact of welfare reform. The material consideration was that during the next two years, people will choose to downsize from three bedroom accommodation and there will need to be a supply of two bedroom accommodation for people to move to. On balance, therefore, the Committee believed that it was unreasonable to allow under-occupation of two bedroom accommodation, whilst people were seeking to downsize and the demand for 2 bed properties was likely to be high.

The Committee also considered whether older people should be subject to tenancy review and at what age reviews should cease to take place. It was recognised that contact should be maintained with older people and that the increased emphasis on Tenancy Audit and regular visits to tenants’ homes was a potential benefit to older people. The Committee considered the specific question of an age after which reviews should no longer take place and recommended to the Executive that the state retirement age, whatever that would be in future, should be the prescribed age at which tenancy reviews should stop and the presumption thereafter was that an older person should enjoy their home for the remainder of their life, if they so chose.

From a more general perspective, the Committee discussed the need for discretion to be established within detailed operational procedures, to consider each and every case on their individual merits, taking account of relevant circumstances to achieve the appropriate outcome, in each case. The Committee was concerned that the Tenancy Strategy, when implemented, could be applied in a way that was too stringent and potentially insensitive to considerations that are unforeseeable at this time; or fall outside of the Policy boundaries. The Committee recommended that appropriate discretion is established within the Review procedures and that the Appeals Process, when developed, be used and embraced as an opportunity to test the intent and outcomes of the Policy so that,  if necessary, the policy could be refined.

RECOMMENDED TO EXECUTIVE

1. That the Tenancy Strategy 2013-2018 be approved, subject to:

(a)   a presumption of tenancy renewal for older people at or above state retirement age; and

(b)  no allowance for under-occupation of two bedroom accommodation (but that the position be reviewed in approximately 3 years time, to consider the impact of welfare reform).