Local housing authority tenancy strategies
Local authorities publish the matters for all social landlords to consider when framing their policies on the types of tenancies they grant.
Local housing authority tenancy strategies
Each local housing authority in England had to prepare and publish its first tenancy strategy by 15 January 2013.[1] It must then keep it under review and it can periodically modify or replace it.
Content of strategy
The strategy must set out matters which all registered providers of social housing in its area must consider when framing their own tenancy policies on:[2]
types of tenancies they will grant
circumstances under which different types of tenancies will be granted
where they elect to grant fixed-term tenancies, the length of the fixed term
circumstances in which they will grant a further tenancy when the fixed-term expires
Registered providers of social housing include the local housing authority itself and all private registered providers of social housing (PRPSHs) that are landlords in the area.
Matters to be taken into account
The regulator of social housing must set a tenancy standard requiring all registered providers to publish their own tenancy policies.
Once developed, tenancy policies govern which types and lengths of tenancy are granted to new tenants and, where applicable, how they are reviewed at the end of a fixed term.
From 1 April 2012, the tenure outcome of the tenancy standard requires that local authorities and PRPSHs must, when deciding the types of tenancies to grant, consider the:[3]
purpose of the accommodation
needs of individual households
sustainability of the community
efficient use of housing stock
If fixed-term tenancies are to be granted they ought to be for a minimum term of five years, except in 'exceptional circumstances' when they can be granted for a minimum term of two years.[4] Equally, if registered providers use probationary tenancies (introductory tenancies or starter tenancies), these must be for a maximum term of 12 months, or a maximum term of 18 months where reasons for extending the probationary period have been given and the tenant has had the opportunity to request a review.[5]
After the coming into force of section 154 of the Localism Act 2011 on 1 April 2012,[6] local authorities are able to grant flexible tenancies, a new type of fixed-term secure tenancy,[7] after they have adopted a tenancy strategy or interim policies that allow for it.
The Chartered Institute of Housing guidance How to develop your tenancy policy explains to social housing providers the legal and regulatory expectations for their tenancy policies and the matters to consider when determining their approaches.
Preparation or modification of the strategy
When preparing, or modifying, its tenancy strategy the local authority must:[8]
consult with all PRPSHs in its area
have regard to its allocation and homelessness strategies
(London boroughs only) have regard to the London housing strategy
The local authority must also have regard to its tenancy strategy when formulating or modifying its homelessness strategy.[9]
Last updated: 22 March 2021