Tenancy Management Policy

1. Purpose

1.1 This policy sets out mhs homes approach to managing our tenancies, whilst seeking to provide support to sustain tenancies and communities.

1.2 We will have regard to this policy statement when making decisions, to ensure fair and consistent decision making

1.3 We are committed to making the best use of our properties, ensuring that they are occupied in accordance with contracts/tenancy agreement, the law and regulatory frameworks.

1.4 mhs homes are committed to taking effective action and using the powers available to us, where we consider they can provide effective remedy for a breach of our tenancies.

2. Who does this affect?

2.1 This policy applies to customers in a home owned or managed by mhs homes, including; foyer, social and sheltered housing

2.2 Our market rent, leasehold and shared ownership customers are governed by their own tenancies and leases. However, mhs will have regard to this policy when making decisions to ensure where possible a fair and consistent approach to managing issues in the areas it operates

2.3 The term ‘we’ and ‘our’ relates to all concerned unless otherwise stated.

2.4 Properties managed by mhs homes on behalf of Clarion Housing Association and Heart of Medway Housing Association, are covered by this policy.

3. Legislation and Regulation

3.1 The legislation governing this policy is:

a) Housing Act 1988

b) Housing Act 1996

c) Anti-Social Crime & Policing Act 2014

4. Access

4.1 We expect customers to give our colleagues and contractors acting on our behalf access to their property so they can inspect and carry out repairs or other works to the property or adjoining property.

4.2 We aim to give customers advance notice if we need access to their property and work with them to agree a convenient time. But in an emergency, we’ll need to have immediate access and may not be able to give the customer notice. In this rare instance we may have to force entry.

4.3 If access is repeatedly refused, we’ll take legal action to gain access.

5. Pets

We recognise pets are an important member of a family and are also seen as beneficial to people’s mental and physical health. However, we must make sure they’re only kept in places that are suitable for them.

5.2 All pets must be cared for appropriately and kept in a way that doesn’t impact the condition of the property or disrupt the neighbour.

5.3 Customers can have pets except those living in our Foyers and those where the contract/lease expressly prohibits.

5.4 Customers in our sheltered schemes will be required to have their applications individually risk assessed by one of our Supported Living Advisors. Customers may be required to nominated alternative future care provision. 

5.5 In addition, there are certain properties where pets are prohibited by the superior landlord, in covenants or in the lease and we will not be able to have pets in these properties.

5.6 If there are any fee’s payable to the freeholder or managing agent to secure permission, this will be payable by the customer.

5.7 Pets, except caged birds or fish, must be registered with us so we know you have it.

5.8 Where we receive request for more than 2 pets, we will consider the suitability of the property before granting further permissions.

5.9 Permission will be refused or retracted for any dog that is listed in, or fits the description of any dog in, the Dangerous Dogs Act 1991, unless the dog is exempted under the Index of Exempt Dogs and a Certificate of Exemption can be shown. The following types of dog are prohibited under the Act: 7 

• Pit Bull Terriers
• Japanese Tosas 
• Dogo Argentinos 
• Fila Brazilieros 
• XL Bully dog (prohibited under the Dangerous Dogs Act 1991 from 1 February 2024)

5.10  Customers and leaseholders are responsible for the welfare of any pet at their home whether they belong to them, their household or are visiting their home. They must comply with any legislation relating to the care and control of any pets. This includes a duty under the Animal Welfare Act 2006 to make sure that any pet has a suitable environment and diet; is allowed to exhibit normal behaviour patterns; is housed with or apart from other animals; and is protected from pain, suffering, injury and disease.

5.11 When keeping pets, tenants and leaseholders must ensure they do not: 

• Allow any pet kept at the property to cause a nuisance to anyone in the local area, including mhs employees, agents or contractors 
• Allow any pet to damage anybody’s property or their own property 
• Allow the property to become unhygienic or a nuisance as a result of keeping a pet 
• Run pet-related businesses (including cattery, kennels, other boarding, breeding or selling pets) from the property and other mhs owned areas in the vicinity, including garages, outbuildings, gardens and shared areas 
• Keep any pet on balconies or in communal areas 
• Allow a pet to foul the inside of the property or any balconies or communal areas 
• Leave a pet alone in a property for long periods of time without adequate care and supervision

6. Subletting/Lodgers

6.1 We will not allow customers to sublet their home, ether in whole or part. If they do, they’ll be breaching their tenancy and risk facing eviction.

6.2 Customers can take in a lodger but must get our permission in writing first. If they’re in receipt of any welfare benefits or Universal Credit this may affect their entitlement and the amount they receive.

6.3 Any agreement between with the lodger must be approved by mhs before being entered, to ensure that our rights are not affected

7. Vehicles

7.1 We won’t allow customers or visitors to park a caravan, motor home, boat or trailer in the garden, driveway or paved areas around our homes or on any communal parking or garage area without our written consent from us.

7.2 We won’t allow customers or visitors to do any of the following at our property or on the estate:

a) Carry out motor vehicle repairs which in the opinion of mhs are or may become a nuisance, annoyance or cause offence to other people.

b) Run a business that involves the sale of motor vehicles.

c) Allow motor vehicles to be parked anywhere other than in designated parking areas. All vehicles that are parked must be taxed and in a roadworthy condition.

d) Park commercial vehicles without written permission from us. We won’t give permission we think it’ll become a nuisance or annoyance to other people. Ordinarily we will not allow a vehicle larger than a transit van (approx. 30cwt) to be parked

e) Park a vehicle on any grassed areas or communal land.

7.3 Customers will be expected to comply with any restrictions imposed on us by covenants or managing agents.

7.4 In the event any vehicle is found untaxed or causing a hazard by parking in a dangerous location, i.e., blocking fore escapes action will be taken to remove it and possibly dispose of it.

8. Making improvements

8.1 We will not unreasonably refuse customers permission to make improvements to their home. However, this must be done by a professional and qualified person

8.2 Customer must seek written permission from us before starting work 

8.3 Customers must comply with any restrictions placed on our permission 

8.4 Customers must promptly provide copies of permissions and certifications 

8.5 All costs if the improvement and correcting any damage to mhs homes structure/fixture or fitting must be paid by the customer 

8.6 We will not permit customers in blocks of flats to make alterations to the external structure of the building or internal communal spaces, this includes but is not limited to the installation of CCTV, TV aerial and satellite dishes 

8.7 Customers living in properties where we are not the freeholder, maybe required to abide by additional restrictions and pay any charges for seeking the freeholder’s permission

9. Communal Areas

9.1 Communal areas are for the use of all customers, we will not normally provide permission for customers to manage the communal are, unless expressly indicated in the lease/contract.

9.2 Communal areas are usually found around blocks of flats, but can also include grassed verges, playgrounds and green space throughout an estate.

9.3 Customers are prohibited from using communal spaces or balconies for barbeque, large family sized pools or trampolines. Family size pools includes framed and inflatable versions. Paddling pools are be permitted provided they are drained and removed by sun set.

9.4 Garden toys must be stored in individual homes or store sheds and must be removed by sun set.

9.5 The communal areas and gardens of the flats are for the enjoyment of all residents, and we will not allow any activities in them which will cause damage to the grounds area.

9.6 It’s not mhs homes current policy to sub-divide communal gardens into private space. Historically where this has happened, we will continue to allow private gardens to be maintained by individual residents. However, we will review the suitability when it becomes vacant and will work to return gardens to communal space where possible and practical.

9.7 Where communal gardens are already sub-divided, the way that gardens are defined has a big impact on the feel and security of our estates. When reviewing requests to replace or install fencing, it must not exceed 4ft if closed board fencing. Fencing must not create fenced in alleyways which block light and create hidden pockets or restrict the free movement of any resident or visitor over the public paths.

9.8 Communal washing lines must remain accessible to all customers, customers are not permitted to adopt a line as their own. In addition, they must not be removed or enclosed within private gardens, without mhs homes express permission in writing.

10. Balconies

10.1 Balconies are supplied for the enjoyment of our customers. In line with our tenancy terms, we set conditions on their use, which are:

a) We will not allow the storage of any items on our balconies which might function as an acceleration during a fire. The determination of whether an item is likely to function as an accelerant will be made by us, in doing so we will consider the most recent guidance and product safety standards.

b) The use of drying lines is allowed however, items must not be hung over the balcony.

c) Urban gardens are encouraged.

d) Whatever the use, drain holes must not be blocked or covered over.

The below is supplied for guidance on what is allowed on our balconies:

Permitted

• Tables and chairs
• Planters
• Decorative lighting (rated for external use and the power connection is inside, away from the effects of weather)
• Low level clothes airer (as long as its lower than the balcony)
• Solar or battery powered lights

Not permitted

• Hot tubs or swimming pools
• Barbeques
• Privacy screening (e.g., bamboo, timber)
• Floor coverings fixed to the floor or covering the whole balcony e.g., artificial grass
• Fluids such as petrol, paint or gas canisters
• Motorbikes or scooters – petrol or electric
• Fireworks
• Fake grass
• White Goods (e.g., Fridges, Freezers, Tumble Dryers)
• Patio Heaters

11. Managing reports of a breach

11.1 We will make reporting a breach as easy as possible and provide a variety of options for customers and non-customers alike

11.2 We will offer complainants the option of remaining anonymous and explain the implications of doing so

11.3 When a possible breach of contract is identified, we will investigate and provide feedback to the complainant

11.4 If it is not possible for us to proceed with the complaint, we will advise the complainant why this is

11.5 We will agree timescales with complainants to keep them updated, as our investigation continues

12. Supporting complaints

12.1 We will support complaints through the process and not disclose details of the complainant unless we have express consent. It may not be possible to progress cases, without disclose details to solicitors and the courts.

12.2 We will support customers through any court action

13. Supporting perpetrators

13.1 Customers may have ‘protected characteristics’ under the Equality Act 2010. Having a ‘protected characteristics’ isn’t an acceptable reason for breaching the tenancy agreement

13.2 We will provide support to customers, who may need help to sustain their tenancy. This might include signposting to support

13.3 We will review the support offered at intervals

13.4 Before commencing court action, we will complete a ‘proportionality assessment’

13.5 Any court action will have regard to the impact on the wider community as well as the individual(s)

14. Partnership working

14.1 We won’t always be the organisation with the responsibility or powers to deal with the allegation(s) made, or our powers may be disproportionate compared to other professional organisations. When this happens, we’ll work with other professional organisations such as the Police or Local Authority and share information with them following our Privacy Policy

14.2 We may refer complainants or witnesses to other organisations if appropriate whilst always being clear about our responsibilities and capabilities

14.3 Where we’re involved but another organisation is leading, we may decide not to act until the outcome of their investigation is known

14.4 We’re legally obliged to pass some information to other agencies. This is normally to prevent or stop fraud or breaches of our tenancy or other legal agreement which have a wider affect. When we must do this, we’ll follow our Data Protection Policy and Data Protection legislation

15. Legal Action

15.1 A proportionality assessment and case review by a manager will be completed before legal action is authorisation

15.2 In instances where a starter tenancy is ended by service of a notice, the customer will have a right of appeal within 28 days of the notice being served

16. Equality Statement

This policy applies to customers of all the tenures listed in section 2 of this policy. mhs homes wants to make sure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation. 

This policy will be reviewed in three years’ time or earlier if required by legislation, new significant guidance or in response to specific incidents.

Policy details

Date approved: 5 December 2023

Approved by: Leadership Team

Review date: 31 December 2024

Author: Business Partner (Tenancy Management)