This policy outlines what types of tenancies we offer, what they mean for our customers, and other information relating to our tenancies.
We use a variety of occupation agreements when letting our homes. We aim to make best use of available homes, ensuring that they're occupied in accordance with our charitable objectives and that customers are in the right home, in the right place at the right time to support their needs.
Scope of this policy
This policy covers Magna's rental homes. It excludes commercial properties, shared ownership homes and flats acquired through the right to buy / preserved right to buy or right to acquire schemes or otherwise sold leasehold by Magna.
This policy and the attached 'What Tenancy Guide' sets out the types of tenancy we offer and the circumstances in which we will grant each type of agreement.
Starter (periodic assured shorthold) tenancies will be used for most new customers in general needs, sheltered, supported and extra care housing.
Starter tenancies will not be used for:
- Magna customers who are transferring to another home, unless they're already on a starter tenancy in which case they will be granted a new starter tenancy.
- Customers of another registered provider or local authority who transfer to a Magna home, unless they're already on a starter or introductory tenancy in which case they will be granted a new starter tenancy.
- Customers of submarket or intermediate rent homes and customers of homes leased to us from another landlord, who will all be granted a standard assured shorthold tenancy.
- Customers in supported housing, who will be granted a periodic assured or assured shorthold tenancy or licence depending on the nature of the accommodation.
Following a successful 12 month starter period, a starter tenancy will convert:
- To a periodic assured tenancy for tenants in general needs, sheltered, supported and extra care housing.
Assured and Assured Shorthold Periodic tenancies
We'll grant fully assured periodic tenancies to:
- Secure or assured tenants who are transferring from another of our homes or from another social landlord.
- Customers moving from temporary accommodation provided by us or the local authority due to an urgent reason through no fault of their own and who immediately prior to moving into temporary accommodation held a secure or assured tenancy with us or another social landlord. For example, where a former secure or assured customer is fleeing violence or their home is uninhabitable as a result of fire, flood, subsidence or natural disaster or they're accepted as statutorily homeless by the local authority.
- Existing Magna customers, excluding those on a starter tenancy, who transfer to sheltered or extra care housing.
- Customers in supported housing where the accommodation is intended to be long term.
We'll grant periodic assured shorthold tenancies to:
- Customers of intermediate and other submarket rent homes.
- Customers of homes leased to us from another landlord.
- Customers in accommodation intended to be temporary or short term. Examples include some supported housing and tenancies granted in homes which are due to be demolished or redeveloped or temporary moves, known as 'decants', to allow major works to be completed.
Where appropriate we may seek demotion orders against customers with periodic assured shorthold tenancies, as part of our approach to dealing with anti-social behaviour.
If a court grants a demotion order, a periodic assured tenancy will be replaced with a demoted assured shorthold tenancy for one year (or longer if possession proceedings have been commenced during that year).
After the demotion period, a former periodic assured tenancy will revert to being a periodic assured tenancy.
We will use licences in some supported housing schemes where, due to the nature of the accommodation, this is more appropriate as:
- Customers don't have the exclusive use of any part of the accommodation.
- We require unrestricted access to customers' rooms to provide high levels of support or protect the customers' welfare.
- For the efficient management of the accommodation, customers are moved between rooms.
When we assist a local authority with its duty to provide interim accommodation for an applicant following a homelessness application, we'll use a licence agreement excluded from the requirement to issue four weeks’ notice under the Protection from Eviction Act 1977.
We'll use licences when letting garages and, where we rent spaces for example, for the storage of cars and other vehicles, caravans, mobility scooters etc.
Mutual exchanges between two periodic assured customers or a periodic assured and a secure customer will be by way of assignment, whereby each tenant takes over the tenancy of the tenant with whom they exchange.
Mutual exchanges between a fixed term and a periodic assured or secure customer will be by way of surrender and granting of a new periodic assured tenancy for both.
Mutual exchanges between two fixed term customers will be by way of surrender and granting of a new periodic assured tenancy for both.
From 1 April 2020, all new tenancies will be monthly. Existing customers on weekly tenancy agreements will be offered the chance to convert to a monthly tenancy.
The Director of Customer Operations is the accountable person in relation to all aspects of tenure.
The Head of Customer and Community Support is responsible for operational delivery of the tenure policy.
The Operations Manager responsible for lettings, is responsible for ensuring occupancy agreements are let and recorded accurately in line with this policy.
The Head of Customer Experience and Home Services is responsible for ensuring tenancies are managed in accordance with the relevant occupancy agreements in accordance with Magna's operating procedures.