Tenure Policy

1.1 Stonewater Group will ensure that all customers receive the correct occupancy agreement (tenancy agreement, licence or lease).

1.2 Stonewater aims to give customers the greatest security of tenure appropriate to their circumstances. We will grant tenancies which comply with legislative and regulatory requirements and with our duties under the Equality Act 2010. We will provide clear and full information to customers about the occupancy agreement before they sign.

2.1 The policy applies to every development and home owned (outright or leased) by Stonewater unless a lease states otherwise. The choice of which occupancy agreement to use is left to the discretion of Stonewater. However, any decisions should wherever possible be made within the context of this policy, which reflects housing law and best practice. Where Stonewater is restricted on which occupancy agreement to grant by the head lease or covenants on the property, this will be explained to the customer, so they understand the implications on their security of tenure.

2.2 This policy does not apply to properties owned by another landlord but managed by Stonewater.

2.3 We will offer joint tenancies to all customers who are nominated jointly for a home by the local authority or where a joint application is made through an alternative advertising source.

2.4 Customers will be advised to seek legal advice around the implications of sole and joint tenancies. If a customer is already a sole tenant and is seeking a joint tenancy, we will limit those that are permitted to become a joint tenant to only those who are the Tenant’s spouse or partner. Please refer to our Tenancy Changes Policy.

2.5 We will not grant a joint tenancy to any more than 2 adults, unless in exceptional circumstances. We will not grant a tenancy to more than 4 adults. Occasionally, we may grant a joint tenancy to an adult and a minor, provided the adult joint tenant acts as trustee for the minor.

2.6 We will be mindful of any relevant provisions of the Domestic Abuse Act 2021, in particular to any indication of coercion or control when discussing occupancy agreements with customers and reserve the right to suspend a decision until further investigation has taken place.

• Housing Act 1980

• Housing Act 1985

• Housing Act 1988

• Housing Act 1996

• Localism Act 2011

• Schedule 1 (6) of the Law of Property Act 1925

• HCA Regulatory Framework 2012

• Equality Act 2010

• Coronavirus Act 2020

• Domestic Abuse Act 2021

• Supported Accommodation (England) Regulations 2023

4.1 Definition

4.1.1 The tenancy agreement is the written legal contract we have with our tenants which sets out the respective rights and obligations concerning the occupation of the property.

4.2 We will use the following tenancy types under the circumstances described:

4.2.1 New Social Housing Tenants – excluding Rent to Buy

All new social housing customers will be offered an assured tenancy, irrelevant of whether they are currently or have previously held an assured social housing tenancy with another registered provider, local authority or landlord.

4.2.2 Tenants transferring (non-assignment) - excluding Rent to Buy

All customers, applying to rent a home, including those of other social landlords, will be offered no less security of tenure than their previous tenancy for example an incoming tenant from another housing association who held an assured tenancy will be granted an assured tenancy, unless we have expressly agreed a reduction in security of tenure as a consequence of actual or contemplated legal proceedings. Those existing customers with a protected assured periodic tenancy (transferring from local authority) will be granted a tenancy with the same rights if they transfer within our housing stock. All customers will be offered a minimum of an assured tenancy.

Where a customer is shown to be transferring due to being a victim of domestic abuse, we will look to offer no less security of tenure than their previous tenancy.

Where a tenant transfers to Stonewater as part of a stock acquisition they will retain their existing tenancy, type and rights on transfer. Where customers have been issued a fixed term tenancy by their previous landlord, we will look to move them to an assured tenancy on its expiration or sooner (whichever is appropriate). This does not apply to customers where Stonewater act on behalf of the landlord.

4.2.3 Tenants permanently displaced:

If a tenant is permanently displaced as a consequence of redevelopment/major works, we will ensure that the tenant is provided with no less security of tenure to the alternative property.

4.2.4 Mutual exchange:

In accordance with Section 158 of the Localism Act 2011 where a tenancy started prior to 1 April 2012 and there is a mutual exchange with a flexible or fixed term tenant, the tenancy status will be retained. Please see our Mutual Exchange Policy for further detail.

4.2.5 Assured shorthold tenancy agreements

Where properties fall outside of our usual social lettings arrangements, for example they are designated for market rent, the property is available for a time limited period, key worker designated homes, or the Rent to Buy scheme, we will generally offer assured shorthold tenancy agreements.

We may also offer an assured shorthold tenancy agreement to any customer applying within our social lettings arrangements that is not able to demonstrate Indefinite leave to remain. In these circumstances the customer will be offered a fixed term assured shorthold agreement for a length that is no greater than their current limited leave to remain. Prior to the expiry of this, should the customer be able to demonstrate they now have Indefinite Leave they will be offered an assured starter tenancy.

4.2.6 Shared Owners

We will grant a Shared Ownership lease in accordance with legislation, regulation and good practice.

4.2.7 Licences

We will issue licences to occupy houses in multiple occupation (HMOs) and/or properties that have shared communal facilities such as kitchens and bathrooms.

Licences to occupy will also be offered to existing tenants, who are required to move out of their home for a temporary period only and may be offered to new occupiers where accommodation is being provided for a temporary period.

4.2.8 Use and Occupation

Upon the death of a tenant, where a household member is left in the property without right to succeed, we may, on occasion, tolerate occupation for a short period provided the occupier pays damages for their use and occupation of the property. This will be for a period of no more than 6 months to provide them with time to source an alternative property. During this time, we will seek use and occupation damages in full. Details as to why use and occupation may be granted are detailed in the Tenancy Changes policy.

4.2.9 Leases

We may offer Leases for non-residential units such as garages or commercial buildings. These will be negotiated and agreed on an individual basis with the customer involved.

4.3 Tenancy termination

4.3.1 Our tenancy agreements will set out the relevant notice periods required to end an occupancy agreement/tenancy.

4.3.2 The grounds on which we are able to rely on in order to end a tenancy are set out within the tenancy agreement. This includes whether we are able to utilise Ground 8 to apply for a mandatory possession order (where a customer owes 8 weeks rent or more). We will always consider full circumstances when relying on this ground striking a balance between supporting our customers to sustain rent payment and protecting the business.

4.3.3 Where a customer holds an assured shorthold tenancy we may serve a section 21 notice and apply for a mandatory possession order where there have been tenancy conduct issues, and we do not believe the tenancy to be sustainable in the longer term, the customer no longer meet the requirement of the key worker home, the customer can no longer demonstrate leave to remain or the customer has reached the end of the occupancy term (Rent to Buy). Where we serve a section 21 notice we will provide the customer with a right of appeal.

4.3.4 Stonewater may rely on other mandatory or discretionary grounds as set out under Schedule 2 of the Housing Act 1988 to end a tenancy. This includes but not exclusively the following.

4.3.5 Ground 6 where Stonewater intends to demolish, reconstruct or carry out substantial works to the whole or a considerable part of the property, and cannot reasonably carry out the work while the tenant remains in residence.

4.3.6 Ground 7 where the tenancy has passed on by will or intestacy rules after the death of the tenant, and Stonewater started possession proceedings no later than 12 months after the death of the tenant or, if the court directs, the date Stonewater became aware of the death.

4.3.7 Ground 7A where the tenant, or anyone living in or visiting the property, is in breach of one of five anti-social behaviour conditions.

4.3.8 Ground 7B where the home office has notified Stonewater that one or more, but not all, of the tenants or occupiers do not have a right to rent.

4.3.9 Grounds for possession used are subject to changes in legislation which may supersede contractual terms.

4.4 Tenancy Fraud

4.4.1 We will hold and process tenants’ personal information (including sensitive personal data) to assess tenancy applications, confirm a customer’s Right to Rent in the UK, mitigate against tenancy fraud and assist the on-going management of any tenancy. Information will be shared with third parties such as local authority partners, other registered providers, credit reference agencies (e.g. Experian) and checks will be undertaken in partnership with them to enable us to:

• assess the suitability of housing applications

• manage tenancies

• verify identity and undertake checks to prevent or detect crime

• recover former debt.

4.4.2 Housing fraud is a criminal offence, and anyone found to have deliberately provided false information, or withheld information as part of an application or tenancy may be prosecuted.

4.4.3 We will take action against tenancy fraud, including working with our partners to ensure all tenancies are obtained without deception or misleading information provided to Stonewater or partner in order to join the relevant housing register. In certain cases, asking our external commercial partners to investigate the allegations of tenancy fraud for us.

4.4.4 We will proactively investigate any reports received during tenancy of potential tenancy fraud working with our partners as appropriate.

4.4.5 Where we identify tenancy fraud, we will work with partners to take robust action and a tenancy obtained by deception will be repossessed. If we believe the perpetrator of tenancy fraud has gained financially from their deception, we may seek to recover financial costs and damages from them.

4.4.6 Where we become aware of occupants of a home who have been victims of tenancy fraud, for example, unauthorised subletting, we will support them to source alternative accommodation and may consider an application for direct let under the procedure outlined in this policy. We will only consider this type of application if the person is has lived in the property on a permanent basis as their only home for 12 months and they are eligible for social housing and in priority need.

4.4.7 Where we become aware of potential benefit fraud, for example where a customer is claiming financial support for housing costs but is believed to not be residing at the address we will report this to the relevant authorities. Any subsequent action taken by the relevant authorities will be done at their sole discretion. Stonewater is not responsible for the actions to the relevant authorities.

5.1 Stonewater will select the most appropriate form of occupancy agreement for our homes that:

• ensures that tenancies granted are consistent, transparent and fair

• assist the mobility of our customers

• respond to the changing needs of our customers

• support the development of balanced and sustainable communities across the areas within which we work

• ensure Stonewater complies with all legal and regulatory requirements

• make the best use of our housing stock

• ensure we co-operate with local authority partners in meeting local housing need.

5.2 This policy will be reviewed every 3 years or when there are changes to legislation, government guidance or learning following a serious incident.

5.3 In the event of a pandemic or other emergencies our procedures will be reviewed to reflect government guidance.

5.4 All references to Stonewater within this policy refer to the Stonewater Group.

6.1 We will apply this policy consistently and fairly and will not discriminate against any person on grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, pregnancy and maternity or any other matter that may cause a person to be treated with injustice. We offer tenancy agreement in different formats and languages to increase accessibility for all customers.

7.1 This policy should be read in conjunction with the following policies:

• Tenancy Changes Policy

• Access to Housing Policy

• Mutual Exchange Policy