Content

8.1

Work is being undertaken to
consider the Council’s Tenancy Conditions, as set out in You
and Your Home. This is to ensure they are clear, precise, and allow
the Council to carry out its statutory duties
effectively.
 
This report presents the
proposed changes to the Tenancy Conditions to Committee (Appendix
1) for awareness and comment, outlines the reasons for change, and
updates Committee on the steps required to enact this
change.
 
Additionally, the report
contains interim analysis of the Section 103 Preliminary Notice of
Variation consultation. A verbal update was given by the Director
of Housing summarising further responses (received after the
publication of this report, to the closing date (20th March) of the
consultation period).

 

 

8.2

RESOLVED
UNANIMOUSLY: That the Housing Policy
Committee:-
 

1.    
notes the proposed changes to the Tenancy Conditions
(Appendix 1);
 

2.    
notes the interim analysis of the consultation
responses returned to date (13th March) contained within the
report, together with the supplementary update to the consultation
to be provided at committee following the closing date of 20th
March given at Committee by the Director of Housing;
 

3.    
notes that the Director of Housing is delegated to
make the decision to approve the issue of the final notice of
variation of conditions, in line with those set out in this report;
and
 

4.    
requests that the Director of Housing, prior to the
issuing of the final notice of variation, reviews:
 
a.    
condition 27 (using your home) and condition 29
(access) to be satisfied that they accommodate the obligations
arising from considerations under the Equality Act 2010 (needs and
expectations of diverse communities), and

 
b.    
condition 36a (maximum height of hedges, bushes and
shrubbery) to be satisfied that it reasonably provides for
discretion as to higher heights where specific contexts of
garden/neighbour agreement allow.

 

 

8.3

Reasons for Decision

 

 

8.3.1

As noted above, it is vital
that the Council complies with gas and fire safety requirements.
The proposed changes to the existing tenancy agreement will assist
with this. Primarily, this relates to Condition 29 (access). While
we will always work with tenants to arrange for access with them,
in cases where the tenant does not respond to our attempts to
contact them, we must take steps to gain entry to the property.
This is for the safety of tenants, neighbours, and
officers.

 

 

8.3.2

Alongside this, the other
changes either respond to policy developments, or to make useful
clarifications where the current language used could be improved.
This will ensure tenants, and the Council as landlord, are clear on
respective responsibilities.

 

 

8.3.3

Finally, the consultation so
far demonstrates a clear tenant voice in favour of implementing
these changes, with a large majority of survey
respondents in agreement. It
is, however, important to note that this point will be updated
following the publication of this paper, when the
consultation has finished.
Members will be given an overview of the final consultation at
Committee, before a final consultation report is
produced.

 

 

8.3.4

Following the completion,
analysis and consideration of the consultation, the necessary steps
to reach a formal decision will be taken in order to issue a Final
Notice of Variation and bring the changes to the Tenancy Conditions
into effect.

 

 

8.4

Alternatives Considered and Rejected

 

 

8.4.1

Do
not alter the Tenancy Conditions:
Urgent changes are required to
ensure the Council is fully compliant with regulator consumer
standards, across all compliance areas, such as gas and fire
safety. For this reason, it was not considered viable to leave the
tenancy conditions un-altered.