Tenancy policy

5.4. Secure Tenancies

• rent out rooms (though not sub-let the whole property)
• buy their property through the Right to Buy scheme (subject to eligibility)
• exchange their home with another council tenant (with the formal permission of the Council)
• pass on their tenancy to someone else in some circumstances (see Succession below)
• make improvements to their home (with permission from the Council)

1. 5.4.1. Secure Tenancy - Fixed Term (Flexible Tenancy)
   
   In some limited cases, a fixed term secure tenancy will be offered; these tenancies will be used for the following properties:For properties with four or more bedrooms the initial fixed term period will be the time needed for the youngest child to reach the age of 16 years of age or at least 5 years whichever period is the longest. For adapted or wheelchair accessible homes, a 5-year, fixed term period will be offered.
   
   At the end of the 5-year, fixed term period, a review of the tenancy will be carried out and the Council will either:orFixed Term tenancies will not be granted in cases where the Council grants a new tenancy to a victim of domestic abuse and the Council is satisfied that:andWhere the person has or has had a lifetime tenancy (whether with a local authority or housing association) the new tenancy must also be a lifetime tenancy.
   • properties with 4 or more bedrooms
   • properties which have been built to be wheelchair accessible or which have been specifically adapted to meet the needs of a wheelchair user
   • renew the fixed term tenancy for a further 5 years
   • end the fixed term tenancy and move the tenant to a property which meets the tenant's needs. In this latter case, the Council will either issue a new fixed term tenancy or a secure, lifetime tenancy in accordance with this Policy.
   • the person is or was a victim of domestic abuse
   • the person is granted a new tenancy for reasons connected with that abuse.
   1. 5.4.1.1. Review of Fixed Term Tenancies
      • Tenants will be contacted by GYBC six months before their fixed term tenancy is due to end so that the Council can carry out the review
      • where there has been no significant change in circumstances the Council will grant another secure tenancy, either fixed term or lifetime
      • GYBC will renew the tenancy, or offer a suitable alternative, where not doing so would result in the tenant falling into a reasonable preference category for rehousing
      • GYBC will not renew the fixed term tenancy in the following circumstances and the tenant will be provided with a suitable alternative:
        • the property is permanently under-occupied
        • the property is no longer suitable for the tenant's needs or member of the household it was allocated to meet
        • disposal or refurbishment of the property is required.
      • GYBC will still carry out the Review in situations where possession proceedings have commenced or obligations have been broken, for example, in cases of anti-social behaviour or rent arrears
      • the Council will notify the tenant in writing of the outcome of the review
2. 5.4.2. Secure Tenancy - Lifetime
   
   A lifetime secure tenancy is for the rest of a tenant's life as long as the tenant does not break the conditions of the tenancy.
   
   Introductory tenancies will default automatically to secure tenancies after 12 months unless GYBC has ended or extended the tenancy or the tenancy will be a Fixed Term Tenancy in accordance with this policy.
   
   In cases where the Council grants a new tenancy to a victim of domestic abuse and the Council is satisfied that:
   • the person is or was a victim of domestic abuse
   and
   • the person is granted a new tenancy for reasons connected with that abuse
   where the person has or has had a lifetime tenancy (whether with a local authority or housing association) the new tenancy must also be a lifetime tenancy.
3. 5.4.3. Demotion of Secure Tenancies
   
   A secure tenancy, whether lifetime or fixed term, may be ended by a court order for some kinds of Anti-Social Behaviour and replaced with a demoted tenancy for a year. A demoted tenancy has less security and fewer rights. It is broadly like an introductory tenancy.
   
   A demoted tenancy will automatically revert to a secure tenancy (lifetime or fixed term) at the end of the 12 months, unless action is taken to end the tenancy due to ongoing minor breaches or a major breach.