Issue - meetings

that (1) the commencement of a public consultation on the revised Council Housing Tenancy Agreement be approved,

(2) the Assistant Director of Housing Management and Enforcement be given delegated powers to adopt the Tenancy Agreement, in consultation with the Leader, Deputy Leader and Portfolio Holder for Housing, subject to any changes following a public consultation.

Executive’s approval was sought to commence a public consultation on a revised Council Housing Tenancy Agreement, and to also grant the Assistant Director of Housing Management and Enforcement delegated powers to adopt the Tenancy Agreement, in consultation with the Leader, Deputy Leader and Portfolio Holder for Housing, subject to any changes following the public consultation.

The Council’s existing tenancy agreement was over 10 years old and it was considered good practice for landlords to revise their tenancy agreements on a regular basis.  Changes in legislation, regulation and accepted good practice were also reasons why tenancy agreements should be revised.

The proposed changes to the tenancy agreement were summarised in the report and further in an attached document appended to the report.

Section 103 of the Housing Act 1985, set out very clear rules that had to be complied with when Local Authority landlords wished to vary the terms of tenancy for existing tenants, including asking tenants to comment on the proposed variation within such time specified in the notice as the Council considered reasonable.  The Council must then consider any comments made by tenants within the specified time.

The Council must then serve a notice of variation on a tenant which must contain the actual variations being proposed, incorporating additional changes (if any), brought about by comments received through the preliminary notice process and the date on which the variation would take effect, that date being no less than four weeks of the date of the notice.  The Council must include any information that it considered necessary to inform a tenant of the nature and effect of the variation.

A suggested timetable was provided in the report and illustrated the actions required.

Moved by Councillor Sandra Peake and seconded by Councillor Duncan McGregor

RESOLVED that (1) the commencement of a public consultation on the revised Council Housing Tenancy Agreement be approved,

(2) the Assistant Director of Housing Management and Enforcement be given delegated powers to adopt the Tenancy Agreement, in consultation with the Leader, Deputy Leader and Portfolio Holder for Housing, subject to any changes following a public consultation.

(Assistant Director of Housing Management & Enforcement)

REASONS FOR RECOMMENDATION(S)

The revised tenancy agreement set out the required information more clearly and logically for tenants.  It protects the tenant’s right to quiet enjoyment of their homes.

It addresses deficiencies in the existing agreement as a result of a number of legislative changes and updates both Council rights and obligations as a landlord, as well as tenants’ rights.

The agreement strengthens the Council’s ability to enforce conditions of tenancy against those who wilfully and/or persistently fail to abide by them.

ALTERNATIVE OPTIONS AND REASONS FOR REJECTION

To do nothing and to continue to operate using the existing, outdated tenancy agreement would mean that the Council will not have a modern, easily understandable, fit for purpose, tenancy agreement in place.