The Chair introduced the Agenda Item and proposed giving the Cabinet a steer towards a ten year tenancy and that the Committee might amend the recommendations to reflect this.

The Corporate Director of Adults, Housing and Health advised Members that a version of the report would be presented to Cabinet in November and that the report had been prompted by a change in legislation, with much of the guidance to follow hence a level of uncertainty surrounding some issues.  The Housing Strategy & Quality Manager presented the report which outlined that lifetime tenancies could no longer be issued under the new Act.  This change would not be enforced retrospectively but all new tenants would be issued with tenancies for a fixed period of time. 

The Chair asked Officers to clarify whether if someone were to transfer it would result in a new tenancy being created.  It was confirmed that this would be the case.  The Housing Strategy & Quality Manager continued to inform the Committee that Councils would have some discretion as to the duration of this fixed term, though it must be no less than two and no more than ten years with the exception of households with children under the age of 19. Criteria used to determine the initial length and outcomes of a fixed term tenancy would need to be included within the Council’s Policy, and so it would need to be rewritten. 

The Chair asked whether Travellers’ sites would be included.  Members heard that such sites did not have a tenancy but a licence and as such would not be affected. 

Councillor Pothecary asked for clarity surrounding tenancies running until a child reached 19 when the tenancy would be reassessed and what impact children at university would have, as she did not want families to feel their children could not attend university for fear of losing their tenancy.  The Housing Strategy & Quality Manager assured Members that children at university would be counted as part of the household.

The Housing Tenant Representative asked whether those elderly tenants being moved as part of the decommissioning programme would be affected and if there was a risk they might lose their lifetime tenancy.  The Committee was reminded that this change would not apply retrospectively.  If individuals chose to move they would receive a new tenancy however at the point of review, it would be unlikely that there would be changes to an elderly tenant within sheltered accommodation’s circumstances so it would be quite possible that a further ten year tenancy would be issued.  The Corporate Director of Adults, Housing and Health felt it was important to reiterate that it would not be the case that the end of a tenancy period was final, circumstances would be reassessed and then a further tenancy may be issued.  The Housing Tenant Representative highlighted the difficulty faced by elderly residents given the decommissioning programme, that they would lose lifetime tenancies if they changed property.  It would bring a lot of uncertainty, which was very unfair.  The Committee was reminded that there had been a change in legislation, not Council Policy, with a maximum term to be given of ten years and Officers reiterated that it would be unlikely for circumstances to change and thus repeat tenancies would be issued.  The Chair asked whether, as the Council would be decanting tenants, it would be possible to re-issue their lifetime tenancy.  Members heard that the outcome would depend upon the regulations which had not yet been issued by the Government.  If the Council were given the discretion to do so that would definitely be considered, however the discretionary powers were as yet unclear.

Councillor Redsell insisted there had to be something in place for the elderly, but agreed it should be the case that rather than worrying tenants at this point in time it should be reviewed once all the information had been made available.  She echoed the Chair that it should be a ten year tenancy, as this was the only hope Thurrock had of reducing the housing waiting list, it would be the only way to move people on who no longer required their property while another family was desperate, but at the same time it would be long enough to give people a chance to save and feel secure.  There was a need to free up properties with only one tenant to prevent the overcrowded situations that were arising.

The Chair agreed that the Committee would recommend a tenancy period of ten years to Cabinet and stated that the Council would have to make more of Gloriana so that there would be more projects as a way to be a responsible Council and move people along.  He added that it would need to be looked at when the remaining details were issued in November, as the 7000 waiting list was not isolated to Thurrock but was replicated nationwide.

Councillor Pothecary asked Officers to confirm that the Council had to provide a figure for fixed term tenancies.  It was confirmed that this was the case and if the Overview and Scrutiny Committee did not make suggestions it would fall to the Officers to make recommendations to Cabinet. Councillor Pothecary gave her support for the recommendation of a figure of ten years, to offer residents some form of stability as one of the biggest problems faced by individuals renting within the private sector, as previously mentioned, was the complete lack of stability.

The Corporate Director of Adults, Housing and Health emphasised the point that this would require a change to the Council’s existing Policy with clear criteria and justification to prevent challenges to decisions. Councillor Pothecary confirmed that her recommendation would be a fixed term tenancy of ten years for all cases within the matrix at 3.3.2 bar those with special circumstances.  The Chair clarified that in all other cases the Committee’s recommendation for a fixed term tenancy was ten years.

RESOLVED:

1)    The Committee provided recommendations to Cabinet on the issue of fixed term tenancies for the groups outlined within the matrix at 3.3.4 and supported a ten year tenancy option.