Tenure policy

Introduction

Our vision is to create great homes together. We know that the type of tenancy we offer can affect how easy it is for a customer to settle into their home, feel stable and secure, access services and keep their tenancy.

Our tenure decisions are fair, transparent and customer focused. This helps make sure our homes are given to those who need them, are used well and support customers to stay in their homes.
We comply with all relevant legislation and regulatory requirements. We also consider equality diversity and customer vulnerability when making tenancy decisions.

Who this policy applies to and what it covers

This policy applies to:

All rented homes that we own or manage. It doesn’t apply to commercial properties, shared ownership homes, or leasehold properties.

This policy:

Sets out the occupation agreement we offer and the reasons for them.
Supports the fair, transparent, and consistent application of tenancy decisions at Magna.
Provides a framework for ensuring that occupation agreements are granted in line with the legislative requirements, regulatory standards, and our commitment to meeting housing need and supporting sustainable tenancies.

Our Tenure Policy

Tenancy holders

We grant tenancies fairly, transparently, and consistently. We consider the circumstances of the household, the needs of the customer and any relevant legal and regulatory requirements.

A tenancy may be granted to a sole applicant or jointly to two applicants where they intend to live there together as their main home and meet the eligibility criteria for the tenancy.

In all cases, tenancy applicants must be aged 18 years or over unless legislation permits otherwise.

We will normally grant a joint tenancy where:

Two applicants have made a joint housing application and wish to share responsibility for the tenancy.
Applicants are married, civil partners or living together as partners, and
intend to live there as their only or main home.
Granting a joint tenancy is considered appropriate due to the circumstances of the household.

Joint tenants have equal rights and responsibilities under the tenancy agreement and are jointly and individually liable for complying with all tenancy obligations including payment of rent and charges.

We may refuse a request for a joint tenancy where:

There is insufficient evidence that the applicants intend to live together as their main home.
There are concerns about tenancy conduct, fraud, safeguarding, or other housing management issues.
Granting a joint tenancy would be contrary to legislation, regulatory requirements, or effective management of housing stock.

Each request will be assessed on its individual merits, consider the household circumstances and the interests of everyone involved.

When considering requests relating to sole or joint tenancies, we will consider individual circumstances, including vulnerability, safeguarding concerns, care responsibilities, and any duties under the Equality Act 2010.

Tenancy types

Starter tenancies

We may offer a starter tenancy to new customers.

A starter tenancy is a tenancy that usually lasts for the first 12 months after you move into your home.

During this time, we will work with you to help you settle into your tenancy and make sure the tenancy agreement is being followed. This includes things
like:

Paying your rent on time.
Looking after your home.
Being a good neighbour.
Not causing nuisance or anti-social behaviour.

If there are no significant issues during the starter tenancy period, your tenancy will normally become a more secure long-term tenancy.

A starter tenancy gives both you and us the opportunity to make sure the tenancy is working well.

Towards the end of your starter tenancy, we will review how the tenancy has been managed.

If the tenancy has been managed successfully, and there have been no significant breaches of the tenancy agreement, your starter tenancy will normally convert to a long-term tenancy.

If there are concerns, we may decide to extend the starter tenancy for a further period. This gives you additional time to demonstrate that the tenancy can be managed successfully. We will explain the reasons for the extension, what improvements are needed and what support may be available to help you.

In serious cases, where there have been significant breaches of the tenancy agreement, such as rent arrears, anti-social behaviour, property damage or other tenancy-related issues, we may take action to end the starter tenancy. If this happens, we will explain the reasons for our decision and provide information about your rights and any review or appeal process available.

Assured tenancies

An assured tenancy provides customers with the security of tenure and will normally be granted after customers have successfully completed a starter
tenancy.

An assured tenancy is a long-term tenancy that gives you the right to live in your home if you keep to the terms of your tenancy agreement.

We will normally grant assured tenancies to:

Existing Magna customers moving to another Magna home.
Secure or assured tenants transferring from another registered provider or local authority.
Customers who have successfully completed a starter tenancy.
Customers occupying long-term supported housing.
Other customers where we have decided that an assured tenancy is appropriate.

Supported housing tenancies

Customers in supported housing may be offered a starter tenancy, an assured tenancy, or a licence agreement depending on:

the nature of the accommodation.
the level of support provided.
whether the accommodation is intended to be temporary or long term.
the legal status of the occupation arrangement.

A licence agreement is a type of housing agreement that gives you permission to live in a property, but it does not give you the same rights as a tenancy.

Demoted tenancies

Where appropriate and in accordance with relevant legislation, we may seek a demotion order in response to serious or persistent breaches of tenancy conditions, including anti-social behaviour. The use of demoted tenancies will be proportionate and will be considered alongside any support needs, vulnerabilities, and customer circumstances.

Licence agreements

We may use licence agreements where exclusive possession is not appropriate, or where the nature of the accommodation requires greater management flexibility.

Licence agreements may be used where:

Customers don’t have exclusive possession of a particular room or area.
Customers may be required to move between rooms within a scheme.
High levels of support require unrestricted access by our colleagues.
Temporary accommodation is provided under arrangements with a local
authority.
Garages, parking spaces or storage facilities are separately from the home.

Mutual exchanges

A mutual exchange is when two social housing customers agree to swap homes with each other.

When two customers exchange homes, they will usually take over each other’s tenancy. This is called an assignment. The customer moving in will take on the tenancy terms for that home, including how often rent is charged and how long the tenancy lasts.

If a customer with a fixed term tenancy exchanges homes with a customer who has a periodic assured or secure tenancy, both customers will give up their current tenancy and will each be given a new periodic assured tenancy.

If two customers with fixed term tenancies exchange homes, both customers will give up their current tenancy and will each be given a new periodic
assured tenancy.

Where a new tenancy is granted following a mutual exchange, the tenancy granted will be a monthly periodic assured tenancy.

Tenancy periods

All new tenancies will be issued as monthly tenancy agreements. Customers who currently hold a weekly tenancy agreement may request to transfer to a monthly tenancy agreement. This applies only to tenancy agreements and does not extend to licence agreements.

Tenancy support and sustainment

We are committed to helping our customers keep successful tenancies. We know that a safe and stable home provides the foundation for health and wellbeing, independence and being part of a community.

We'll work with our customers to make sure they understand their tenancy, their rights, and responsibilities, and how they can get appropriate support and sustain their tenancy wherever possible.

Equality, diversity, and inclusion

We are committed to promoting equality, valuing diversity, and fostering inclusion in the delivery of our services. We will ensure that tenancy-related decisions are fair, transparent, and free from unlawful discrimination.

When applying this policy, we will comply with our duties under the Equality Act 2010 and any other relevant legislation.

Tenancy decisions will be based on individual circumstances housing need eligibility and the effective management of housing stock.

We will take reasonable steps to ensure that information relating to tenancy agreements and tenancy decisions is accessible and understandable to customers.

Where appropriate, we’ll make reasonable adjustments for customers with disabilities, health conditions, communications, or other vulnerabilities, to ensure they can access our services and understand their rights and responsibilities.

We will monitor how this policy is working and carry out equality impact assessments, where appropriate, to make sure that it doesn’t adversely affect any individual or group and continues to support fair and equitable outcomes for our customers.

Reviews and appeals

Customers who are dissatisfied with a decision made under this policy may request a review in line with our Appeals Procedure.

Responsibilities

The Director of Customer Operations is accountable for the strategic oversight and governance of all matters relating to tenure and occupancy agreements.

The Head of Customer and Community Support is responsible for the implementation and operational delivery of this policy and for ensuring that tenancy and occupancy decisions are made consistently and in line with relevant legislation, regulatory requirements and organisational procedures.

The Operations Manager responsible for lettings is responsible for ensuring that all tenancy and occupancy agreements are allocated, issued and accurately recorded in line with this policy and associated procedures.

The Head of Building Safety, Compliance and Home Services is responsible for ensuring that tenancies are managed in accordance with the terms of the relevant occupancy agreement and our operating procedures, and that appropriate tenancy management practices are applied throughout the lifecycle of the tenancy.