Tenancy Consents policy
Policy Owner - Executive Director of Customer Services
Accountable Lead - Director of Tenancy Compliance & Management
Policy Level - Operational
Policy Reference - CS/HM(NS)/014/2016
Link to Strategy - Asset and Neighbourhood strategies
Version Control:
V1 – Jan 2013: New Policy
V2 – June 2018 – Reviewed and updated
Effective from - June 2021 to June 2024
Approved by - Exec Director Customer Experience July 21
Equality analysis - To be completed
Next review date - June 2024
Policy Statement
Where we have the discretion to agree changes to the terms of a tenancy or lease Curo will do so in a way that is fair, transparent and consistent with the good management of the property.
1. Scope
1.1 The policy covers all circumstances where tenants or leaseholders request our consent to make a change to their agreement or home.
2 Responsibilities
2.1 The Director of Tenancy Compliance & Management has overall responsibility for the policy and its implementation
2.2 The Tenancy Manager is responsible for delivering procedures which ensure the delivery of the policy and its objectives, and for ensuring that these are implemented consistently by the Tenancy Compliance team. The latter will make decisions in response to requests, subject to procedures and Curo’s scheme of delegation.
2.3 Tenancy Advisors will implement the procedures and make decisions in response to requests, subject to procedures and Curo’s scheme of delegations.
3. Definitions
3.1 The terms used in this policy have the following meanings:
Assignment means the transfer of the rights and obligations of a tenancy by the tenant to another person. Usually this can be done without a new agreement; where this is not the case we will achieve the same objective through a new agreement. An exchange, when two or more tenants exchange properties, is usually carried out by assignment.
Lodger means someone who is allowed to use part or parts of a property but does not have exclusive use of those parts. Determining whether someone is a lodger or a sub-tenant will depend on the extent to which they have control over the rooms or facilities they occupy.
Sub-letting means giving exclusive use of part, or all, of a property to someone else, usually in return for a rent. Sub-letting the whole of the property means parting with exclusive possession of the whole property.
Succession means the transfer of the rights and obligations of a tenancy to another person (usually a family member) following the death of the original tenant. Succession occurs only following a death.
4. Principles
4.1 Where our discretion to approve is referred to in a tenancy or lease then we will give approval, unless we can demonstrate that to do so would be detrimental to the property, the neighbourhood or our ability to manage, or that the proposal is unfair or unsafe.
4.2 Where the discretion is not referred to then we will approve only where there is a positive reason for doing so.
4.3 If a resident has rent arrears and is asking for our consent to do something that will cost them money we may refuse their request until they have a clear account.
4.4 It is often appropriate to adopt different responses for different tenures
4.5 Where the request relates to the occupation of a rented property we will approve requests which result in under-occupation by one bedroom but no more. We will give appropriate advice about the implications in relation to benefit assessment.
4.6 Where we do not approve a request we will explain why.
4.7 We may charge a fee for providing consent where there is a significant cost involved and where this is appropriate.
5. Application
5.1 Succession
5.1.1 We will approve requests for succession:
a) in accordance with statutory rights
b) in accordance with contractual rights for family members as set out in tenancy agreements.
5.1.2 We will ensure that colleagues have clear guidance which enables delivery of these principles.
5.1.3 Where the circumstances for succession exist, but the legal/contractual rights do not because of a previous succession, we may grant a further succession if failure to do so would cause significant harm.
5.1.4 If a succession request is refused we will look to respond sympathetically to the applicant’s situation and give them reasonable time to find themselves a new home.
5.1.5 We will not grant succession in other circumstances.
5.2 Assignment/exchange
5.2.1 We will encourage tenancy exchanges as a means of enabling mobility for tenants.
5.2.2 We will refuse approval only where:
- either party is in breach of a condition of tenancy, or is unwilling to accept the terms of the tenancy to be assigned to them;
- where the property requires works/repairs for which the tenant is responsible or;
- there are demonstrable management reasons for doing so.
5.2.3 We will provide colleagues with clear guidance on statutory and non statutory rights, on reasonable grounds for refusal, and and on the appropriate processes for assignment.
5.2.4 We will not normally approve assignments of tenancies other than exchanges: however, where such an assignment will prevent homelessness we will consider individual circumstances sympathetically
5.2.5 Where leases require our consent this is either a formality, or protects our rights to recover funds or nominate occupiers. We will not withhold consent unreasonably.
5.3 Changes from joint tenancy to sole tenancy and vice versa
5.3.1 We recognise that both tenancies and leases are contracts which require the consent of all parties to amend. When considering a change to or from a joint tenancy, the consent of both parties is required. In exceptional circumstances we may consider that consent to be implied.
5.3.2 Wherever possible we will effect tenancy changes by assignment: where this is not possible a new tenancy will be granted, subject to local lettings or CBL requirements
5.3.3 With the agreement of both parties, or in accordance with a Court order, we will change joint tenancies into a sole tenancy. If arrears are outstanding then we may make approval of the assignment subject to an arrangement to clear the debt.
5.3.4 If one party to a joint tenancy gives notice – which terminates the joint tenancy – where arrears are outstanding then we may decline to grant a new sole tenancy.
5.3.5 Following marriage or civil partnership we will add a spouse or civil partner to an existing agreement. At our discretion we may add partners in a long term relationship with the sole tenant. We will not add other family members to a tenancy agreement.
5.4 Pets
5.4.1 We recognise the benefits that pet ownership brings to many people and we will allow tenants and leaseholders to keep pets unless there are compelling reasons otherwise (e.g. our own lease prohibits pets)
5.4.2 We will not approve the keeping of non-domestic animals (except where there are statutory rights to do so) or dog breeds defined by legislation as dangerous.
5.4.3 We will limit approval in flats and maisonettes without gardens to one pet.
5.4.4 Any approval may be withdrawn if the owner fails to reasonably control the pet and a nuisance is caused as a result. Where approval has been withdrawn we may withhold consent for pets in the future.
5.5 Improvements and alterations
5.5.1 We will approve improvements or alterations that occupiers wish to make, provided that the proposed alterations:
a) are safe, legal, and receive any necessary external consents;
b) do not adversely affect the value of Curo’s interest in the property;
c) will not adversely affect Curo’s ability to fulfil its repairing or other responsibilities;
d) do not have a negative impact on neighbouring properties.
5.5.2 We will provide a scheme to compensate tenants for improvements which significantly benefit Curo when the tenant leaves.
5.5.3 We will consider making a contribution to an improvement where it can be demonstrated this will reduce our overall asset management costs.
5.6 Subletting
5.6.1 We will give consent to lodgers when asked, subject only to ensuring that this will not cause overcrowding. We will ask for details, but recognise that there is sometimes no requirement to provide this.
5.6.2 We will usually approve the sub-letting of part of a property, provided that the extent of the sub-letting is clear and properly managed and that details of the tenant are provided. We recognise that in some circumstances we are unable to withhold consent.
5.6.3 The only circumstances in which we will approve the sub-letting of the whole of a property are;
a) a leasehold property where the owner owns 100% of the equity;
b) a leasehold property where the owner owns less than 100% and we are satisfied that to refuse would cause hardship or result in the repossession of the home. Where we give approval, it will be for a specific, limited, period of time and subject to any reasonable provisions to protect public investment and its status as affordable housing (e.g. the amount of rent that can be charged may be specified).
We will consider sympathetically requests from tenants who have a short term (up to six months) need to be away from home for employment or other urgent reasons. We will not approve formal sub-letting (except for homes without public subsidy) because this would breach the conditions for the letting of publicly funded homes. However, we will seek to agree an appropriate alternative with the tenant.
5.6.4 Where our consent is required, and given, it will be subject to reasonable conditions relating to the management of the sub-tenancy, including the behaviour of the sub- tenant.
5.7 Running a business
5.7.1 We will grant consent to run a business from a property only where:
a) any necessary planning consents have been obtained;
b) we are satisfied that the business will not cause a nuisance to neighbours or adversely affect the neighbourhood.
5.8 Home owners: in addition to the above, the following consent requests relate solely to home owners:
5.8.1 Charges: we will not grant consent for registered charges to take precedence over any charges in Curo’s name, unless it is clear that withholding consent will result in homelessness.
6 Procedures
6.1 The following procedures support the delivery of this policy:
• Succession procedure
• Mutual exchange and assignment procedure
• Relationship breakdown procedures
• Pet procedures
• Asset management consent procedures
7 Consultation and monitoring
7.1 We will involve customers through our emerging engagement forums in the delivery and review of this policy.