5.1. Introductory Tenancies
5.1. Introductory Tenancies
Introductory Tenancies will be offered to all new social tenants and are 12 months by statute. Introductory tenants have less security and fewer rights than secure tenants. Their home is at much higher risk of repossession. After 12 months introductory tenancies become secure tenancies by default unless GYBC as landlord has taken steps to end or extend the tenancy.
Introductory tenants enjoy the majority of rights held by secure tenants. However, the Housing Act 1996 denies Introductory Tenants a number of rights given to secure tenants and they do not have the right to:
- exchange their property with any other Tenant
- buy their home (however, the period of Introductory Tenancy may count towards the qualification period of the Right to Buy)
- provide tenancy support for new tenants who experience difficulty in complying with their obligations as a tenant in order to turn failing tenancies into sustainable ones
- deter new tenants from behaving anti-socially or criminally
- reduce Anti-Social Behaviour (ASB) and nuisance behaviour among new tenants
- encourage community stability and cohesion
- reduce the impact of residents who behave anti-socially
- enable early action for any serious breach of the tenanc agreement
- encourage regular payment of rent.
- 5.1.1. Extending an Introductory Tenancy
- If there have been minor tenancy breaches during the trial period and the tenant, with or without a package of support, has made a commitment to improving their behaviour and has demonstrated early signs of improvement, the Council may decide to extend the introductory tenancy so it may be assured that the improvements are sustained.
- Extending an introductory tenancy is a decision that should be made no later than the 6 month tenancy review check, unless a further period is required to establish whether the tenant can satisfactorily manage their tenancy in which a decision will be made no later than 9 months after the start of the tenancy.
- An introductory tenancy can only be extended for six months and only once. The trial period will be monitored very carefully so that a decision can be taken whether to terminate the tenancy or allow it to convert to a full secure tenancy at the end of the extended period.
- 5.1.2. Terminating an Introductory Tenancy
- Action to terminate a tenancy can be taken at any time.
- Termination should be considered if it is clear that the tenancy conditions are being breached and that termination is proportionate to that breach. An example of the types of breaches that could lead to termination are:
- Proven non-occupation - with significant belief that the tenant does not intend to return to the property or has failed to return.
- Rent arrears - where the tenant has failed to pay rent regularly or failed to maintain repayment agreements; and/ or failed to co-operate with the appropriate benefits department in making claims for any relevant benefits.
- Anti-Social Behaviour - where the tenant has engaged in serious anti-social behaviour that threatens the safety and security of the property and neighbours, or persistent minor breaches of tenancy.
- Failing to engage - where the tenant has been identified as committing minor breaches of tenancy but has failed to engage with Housing Services staff, or other support networks to improve their behaviour.
- The above list is not exhaustive, but the general principles should be that extension is preferred to termination if there are real prospects of improvement so that the tenancy will be conducted in a satisfactory manner and subject to taking account of the safety and comfort of the wider community.
- A decision to terminate rather than extend can be taken if there have been substantial tenancy breaches at any time during the trial period, or as part of the 6 month review there is evidence of poor conduct throughout the trial period that has been raised with the tenant and there has not been a satisfactory improvement in their behaviour.