TENANCY POLICY
1. Policy Statement and Aims
1.1 This policy sets out the types of tenancies that Castles & Coasts Housing Association (CCHA) will offer to residents, and the circumstances in which each type of tenancy will be issued.
1.2 A Tenancy Agreement is a contract between a resident and a landlord. This includes certain rights and responsibilities, e.g. a resident’s right to occupy a property and the landlord’s right to receive rent for letting the property to the resident. Different tenancy types offer varying degrees of security. Therefore, it is important that staff and resident understand the key differences.
1.3 CCHA will offer tenancies or terms of occupation, which are compatible with the purpose of the accommodation, the needs of individual households, the sustainability of the community and the efficient use of its housing stock.
1.4 This policy sets out how:
• CCHA will implement and apply their Tenancy Agreements.
• CCHA’s approach to tenancy management, including interventions to sustain tenancies and prevent unnecessary evictions and tenancy fraud.
• CCHA will meet all applicable statutory and legal requirements in relation to the form and use of tenancy agreements or terms of occupation
2. Relevant Legislative and Policy Framework
2.1 This Tenancy Policy is aligned to the following legislation:
• Housing Acts 1985, 1996 and 2004
• Human Rights Act 1998
• Mental Capacity Act 2005
• Equality Act 2010
• Regulator of Social Housing’s Social Housing’s Tenancy Standard
3. Tenancy Types and the Application of Each Tenancy Type
3.1 Starter Tenancies
3.1.1 This is a periodic Assured Shorthold Tenancy that acts a probationary tenancy. The Starter Tenancy lasts for 12 months, which can be extended to 18 months, and will be used for all new residents.
3.1.2 This tenancy allows us to monitor the resident’s behaviour for the period of the Starter Tenancy. On successful completion of the Starter Tenancy period, the tenancy will convert to an Assured Tenancy, if action has not been taken to end or extend the probationary tenancy.
3.1.3 Starter Tenancy Agreements will be offered to all new residents, except in certain circumstances, as outlined below:
• Wherean existing CCHAresident, withan AssuredTenancy, transfers toanother CCHA property.
• Where an existing CCHA resident is required to move to alternative accommodation, due to a decant, the resident will retain their existing security of tenure, on the alternative accommodation.
• Residents with a Secure Tenancy, who exchangetheir tenancy with aresident of another housing
Castles & Coasts Housing Association
Tenancy Policy - Version 1
Legal advice obtained from Devonshires on 16.06.21
Date approved by Board: 27.07.21
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association.
• Residents who succeed to a tenancy, under the terms of an Assured Tenancy Agreement, as set out in Section 4.
• Where a Section 106 (S106) dictates that an alternative tenancy type is required.
3.1.4 The Starter Tenancy will automatically convert to an Assured Tenancy after 12 months if the tenancy terms and conditions have been adhered to.
3.1.5 However, if there are any breaches of the tenancy terms and conditions, within the first 12 months, the Starter Tenancy will be reviewed and extended to a maximum of 18 months, to enable any tenancy breaches to be addressed. Support measures and interventions will be provided to attempt to attain tenancy sustainability, with the aim of supporting the most vulnerable residents in line with the Equality Act 2010 and to prevent unnecessary evictions.
3.1.6 We evict residents as a last resort, only when we have exhausted all options to tackle breaches of the tenancy unless the breach is so significant that other options are not viable. We will work with our residents to help them find solutions and avoid eviction.
3.2 Monitoring of Starter Tenancies
3.2.1 It is essential that Starter Tenancies are monitored, to ensure that they are used correctly, to achieve CCHA’s aims of reducing and controlling anti-social behaviour/serious tenancy breaches.
3.2.2 During Starter Tenancies, CCHA will follow a robust procedure to monitor and support Starter Tenancies. Each resident will receive at least 2 contacts. The first contact will be made after the first month of the tenancy. This will monitor the following:
• Any problems with the rent account
• Any problems with outstanding repairs
• The conduct of the tenancy, i.e. any Anti-Social Behaviour
• Any damage caused to the property.
3.2.3 The second contact is in the ninth month of the tenancy. This contact will form part of the formal tenancy review and will monitor the following:
• How the tenancy has been conducted, in line with the TenancyAgreement
• How any problems or issues identified, to date, are being managed and resolved
• How the rent account has been managed.
3.2.4 If any concerns are identified, an Action Plan, will be agreed with the resident and monitored.
3.3 Termination of Starter Tenancies
3.3.1 In the event where it is necessary to terminate a Starter Tenancy, CCHA will commence court possession action to bring a Starter Tenancy to an end, by serving a notice under S21 of the Housing Act 1988.
3.3.2 The following circumstances may apply to the termination of starter tenancies:
• Non-occupation - A Starter Tenancy can be terminated at any time by service of a four week Notice to Quit if the resident has ceased to occupy the property.
• Breach of conditions during starter period - If the resident, members of thehousehold or visitors to the property have committed a breach, or breaches of the conditions of the Starter Tenancy Agreement, we may serve a Notice requiring possession.
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Legal advice obtained from Devonshires on 16.06.21
Date approved by Board: 27.07.21
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• Rent Arrears - CCHA may also terminate the tenancy in the event of non-payment of rent arrears, where arrears have built up to the same level where action would be taken on an Assured Tenancy, in line with CCHA’s Income Collection procedures.
3.3.3 At the end of the 12 month period, or the extended period up to 18 months, the tenancy will automatically convert to an Assured Tenancy, unless CCHA has started possession proceedings for one, or more of the reasons set out in Section 3.3.2.
3.3.4 CCHA operates an appeal process for residents who wish to challenge a decision, to either extend or terminate a Starter Tenancy. At the point of notification of extension or termination, residents will be provided with details on the process for appeal.
3.4 Assured Tenancy
3.4.1 An Assured Tenancy is a life-long tenancy, which only ends if the resident leaves or is evicted by their landlord. An Assured Tenancy will be offered when:
• A Starter Tenancy has been successfully completed.
• Wherean existing CCHAresident, withan AssuredTenancy, transfers toanother CCHA property.
• Where an existing CCHA resident is required to move to alternative accommodation, due to a decant, the resident will retain their existing security of tenure, on the alternative accommodation.
• Residents with a SecureTenancy, who exchangetheir tenancy with a resident of another housing association.
• Residents who succeed to a tenancy, under the terms of an Assured Tenancy Agreement, as set out in Section 4.
• Where a S106 dictates that an Assured Tenancy is required.
3.5 Secure Tenancy
3.5.1 These are older lifetime tenancies, most commonly used by Councils, before the introduction of flexible tenancies in 2012, but also relate to housing association lettings before 15th January 1989. The tenancy can only be terminated on the grounds specified in Section 2 of the Housing Act 1985 (as amended), after serving a valid Notice of Seeking Possession and securing a valid Outright Possession Order from a court. The mandatory Ground 8 (where the landlord wishes to regain possession of the property, during the term of an Assured Shorthold Tenancy) cannot be used on Secure Tenancies.
3.6
Joint Tenancies
3.6.1 Joint Tenancies have the unique characteristic of making all of the joint tenants fully responsible for the obligations of the tenancy. Joint Tenancies may be granted in relation to all tenancytypes.
3.6.2 CCHA support adult applicants wishing to sign as joint tenants, should they choose to do so, as long as both are eligible and qualify under CCHA’s Allocations Policy.
3.6.3 CCHA will grant Joint Tenancies to a maximum of two tenants.
3.6.4 As the law stands, Joint Tenancies may be terminated by any individual resident without the consent of the other. In such circumstances, CCHA will advise the remaining resident of the termination and invite reasons from them to consider whether it is appropriate to grant a new tenancy to the remaining resident or require possession of the property through court proceedings, if necessary.
3.6.5 We are not obligated to grant a joint tenancy from a sole tenancy. We will only normally convert from sole to joint tenancies on the basis of a legal partnership (such as marriage or civil partnership), or when required to by a court order.
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Date approved by Board: 27.07.21
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3.6.6 We will not grant a joint tenancy where the resident is in rent arrears (except for where there us a delay with housing benefit) and the resident has not maintained a payment plan for at least 12 weeks.
4. Succession and Assignment
4.1 There may be a right to pass on a tenancy to, for example, a spouse or family member, followingthe death of the tenant. This is known as a Succession. Therefore, depending on the nature of the Tenancy Agreement and the terms contained in the Tenancy Agreement, another occupier may benefit from the right to succeed.
4.2 In some circumstances, no right of Succession to the tenancy may exist, but CCHA may be able to grant a discretionary tenancy in some circumstances.
4.3 A Tenancy Agreement may also allow for a living resident to passtheir Tenancy Agreement to another person. This will typically require consent from CCHA. This is known as an Assignment. Further information can be found in the appropriate Tenancy Agreement.
5. Tenancy Fraud
5.1 CCHA is committed to making the best use of our assets. We treat tenancy fraud seriously andhave a zero-tolerance approach. We are committed to ensuring our homes are occupied by the people they were lawfully let to and protected for use by people with genuine housing need.
5.2 To prevent fraud, we will carry out a full assessment of housing need and eligibility at application stage.
5.3 Tenancy fraud is a crime. If we find any evidence of tenancy fraud, during the lifetime of a tenancy, we will fully investigate and may take the necessary steps to end a tenancy. CCHA will also report this to the Police, as necessary.
6. Cross References and Future Policy Review
6.1 This policy will be applied in conjunction with the following CCHA policies:
• Allocations Policy
• Anti-Social Behaviour Policy
• Decant Policy
• Safeguarding Policy
• Domestic Abuse Policy
• Empty Property Management Policy
• Equality & Diversity Strategy
• Mutual Exchange Policy
6.2 The Tenancy Policy will be reviewed in light of any new legislation or Regulatory Standards, or every 3 years, whichever comes first.
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Date approved by Board: 27.07.21
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Procedures for CCHA Staff
1. Aims/Purpose
1.1 The aim of this procedure is to outline the means by which Starter Tenancies (Assured Shorthold Tenancies) (AST) will be created, monitored, reviewed, extended, terminated, and/or converted into Assured Tenancies following a satisfactory probationary period.
1.2 The procedure also refers to the circumstances when Assured Tenancies would be granted rather than AST.
With regards to this, this procedural document is a working document and as such it will be used for both operational and monitoring purposes by all CCHA staff.
1.3 It will identify the circumstances under which tenancies will not be renewed and the advice and assistance offered when that occurs. It also sets out, how a resident may appeal a decision not to grant another tenancy on the expiry of the Starter AST, and how CCHA will take into account, the needs of those households who are vulnerable.
Cross References (relevant legislation and regulation that governs this procedure)
• RSH Tenancy Standard
• Housing Act 1988
• Housing Act 1996
• Localism Act 2011
• Anti Social Behaviour (ASB) Crime & Policing Act 2014
2. CCHA Framework for Starter AST and Assured Tenancies
2.1 AST are a tool to assist in tackling ASB and serious breaches of tenancy and assist turning around difficult to let areas/schemes.
2.2 What is a Starter AST?
2.2.1 This is a periodic AST (see below) which acts as a Probationary Tenancy. The Starter AST lasts for 12 months (which can be extended to 18 months), and will be used for all new residents who are not immediately moving from an Assured or Secure Tenancy with another Social Housing Provider, in order to allow us to monitor the resident’s behaviour for the period of the Starter AST, i.e. the 12-18 month period. On successful completion of the Starter AST period, the tenancy will convert to an Assured Tenancy if action has not been taken to end or extend the Probationary Tenancy
2.2.2 AST is a type of Assured Tenancy with limited security of tenure.
2.2 3 AST has an additional mandatory ground for possession, called “the shorthold ground”, available under Section 21 (S21) of the Housing Act 1988.
2.2.4 If the AST is terminated properly, the court must make an immediate Possession Order, subject to any human rights/public law defences that are upheld by the court. The court does not have to be satisfied that it is reasonable to make a Possession Order, as the shorthold ground is a mandatory ground and the court cannot suspend the Possession Order.
2.2.5 The court can postpone the date for possession by up to 42 days where “exceptional hardship” would be caused, under Section 89 of the Housing Act 1988. The only restrictions are that:
(a) a notice under S21 of the Housing Act 1988 cannot be served during the first 4 months of the tenancy,
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Date approved by Board: 27.07.21
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(b) a Possession Order cannot come into effect during the first 6 months of the tenancy.
However, the usual grounds for possession, that are applicable to Assured Tenancies, under S21 of the Housing Act 1988, are also available during the Starter AST period.
2.2 6 AST Tenancies are aimed specifically at reducing ASB
2.2.7 Residents will be advised, at sign up, what the significance of a Starter AST is and will have the grounds upon which their tenancy may be terminated explained to them.
2.2 8 CCHA should not use the “shorthold ground” to evict residents for reasons other than ASB and serious breaches of tenancy, simply because it is a quicker method than using the usual grounds for possession. Residents should only be evicted using the “shorthold ground” for ASB or other serious breach of tenancy.
Examples of serious breaches of tenancy include:
• Serious property damage, including deterioration or behaviour that creates a risk of serious property damage
• Behaviour, including use of the property, which creates a significant risk to the resident or others, including where the wellbeing, health or safety of other residents, members of the public, contractors or our staff is endangered.
• Significant rent arrears
2.3 Starter AST considerations
2.3.1 Starter AST need to be monitored, to ensure that they are achieving their aims of reducing ASB/serious tenancy breaches. CCHA officers will use a set form to ensure that each tenancy is properly monitored (see Appendix 1 for Sole Tenancy and Appendix 2 for Joint Tenancy). Additionally, the Lettings & Neighbourhoods/ Independent Living (L&N/IL) Team Leaders will check that this monitoring is being carried out.
2.3.2 An appeals procedure must be available for all Starter AST residents in the event of their tenancy being terminated on the “shorthold ground” basis. CCHA’s appeals procedure is attached (see Appendix 3) and referred to in Section 8.
3. Sign up arrangements for starter AST
3.1 For sign ups, where Starter AST are issued, the resident must be advised that they are being offered an AST.
3.1.1 Starter AST must not be given to existing CCHA residents who are currently on an Assured Tenancy.
3.1.2 L&N Officers/Property Agents/Independent Living Officers (L&NO/PA/ILO) must explain to the resident at signup:
• How Starter AST work
• How the tenancy will be monitored and when contacts will take place
• What will happen if certain conditions of the tenancy are not adhered to
• What will happen if the tenancy is conducted satisfactorily over the initial 12months
• What the appeals procedure is, and how and when CCHA can decide to extend the Starter AST period
3.1.3 It is vital that the above points are communicated to residents at sign up, because one of the main benefits of Starter AST is their value as deterrents to ASB/serious tenancy breaches.
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Date approved by Board: 27.07.21
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3.1.4 Residents will be advised in writing the date and time of their first contact.
4. Monitoring of Starter AST
4.1 It is essential that Starter AST are monitored in order to ensure they are used correctly as housing management tools and to ensure that they are achieving CCHA’s aims of reducing and controlling ASB/serious tenancy breaches.
4.1.1 In addition to this, these contacts help to identify cases where residents have failed to move in, or the property has been abandoned.
4.1.2 There is a set form for completing the contacts to assist LNO/PA/ILO, and the form should be filed on Sharepoint once completed– see Appendix 4 & 5 for a sole tenancy or Appendix 6 & 7 for a joint tenancy.
4.1.3 Each resident should receive at least 2 contacts; the first contact to be made after the first month of the tenancy; this contact should cover the following points:
• Any problems with the rent account
• Any problems with outstanding repairs
• The conduct of the tenancy
• Any damage to the property
4.1.4 The second contact is in the ninth month of the tenancy. This contact will form part of the formal tenancy review.
4.1.5 Points covered during this contact will include:
• How the tenancy has been conducted
• How any problems or issues have been resolved
• How the rent account has been managed
4.1.6 If the LNO/PA/ILO has concerns regarding the conduct of the tenancy, further contact within this period should be carried out.
5. Extending a Starter AST
5.1 CCHA may extend the Starter AST by up to 6 months. During any extension period the tenancy remains an AST.
5.1.1 An extension may be appropriate in several situations, for example:
• There have been incidents of ASB or rent arrears, but these are not considered serious enough to justify termination
5.1.2 This is to allow the resident the opportunity to show that they can conduct the tenancy in a satisfactory manner or to monitor ASB
• Where the resident has appealed service of a S21 and there is a risk that the appeals procedure will not be concluded before the end of the starter period
5.1.3 Where the LNO/PA/ILO in conjunction with the L&N/IL Team Leader, decides that a Starter AST should be extended, the Extension Justification Assessment (see Appendix 8) must be retained to record the reasons why the decision has been made including any ASB and/or rent arrears and any action taken by the Officer to resolve the problems.
5.1.4 Before a Starter AST can be extended, the resident has the right to ask for a formal review of the
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Date approved by Board: 27.07.21
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decision, by the L&N/IL Manager.
5 1.5 A S21 6 month extension letter should be sent to the resident, confirming any decision to extend and the reasons why (see Appendix 9), together with the appeals process – Right of Appeal S21 information sheet (see Appendix 10)
6. Conversion of Starter AST to Assured Tenancies
6.1 At the nine month contact, if there have been no incidents of ASB or serious breach of tenancy, the resident should be advised that the tenancy will be converted to an Assured Tenancy after 12 months, unless issues of this type occur in the last 3 months of the tenancy.
6.1.1 On the 12 month anniversary date of the start of tenancy, Open Housing needs to be updated to convert the tenancy to an Assured Tenancy and the standard letter within Open Housing should be sent to the resident once this has been completed.
6.1.2 Even if you do not do this, this tenancy will automatically convert to an Assured Tenancy
6.1.3 If the Starter AST is not ended by the issue of a S21 Notice and the tenancy is converted into an Assured Tenancy then there is no need to issue a new Tenancy Agreement.
6.2 Serious problems during the starter period.
6.2.1 In an arrears case, CCHA may decide to serve a Notice to Seek Possession and start proceedings for a Suspended Possession Order, or an outright order if appropriate.
6.2.2 In a serious ASB case, CCHA may decide to apply to the court for possession under Ground 14, which will be necessary as an alternative to the S21 process if the ASB occurs during the first 4 months, when the S21 cannot be used.
6.2.3 Serious ASB could be caused by:
• the resident, members of the resident’s household
• visitors to the resident’s property
• serious breaches oftenancy, including significant rent arrears
7. Terminating a Tenancy
7.1 If the CCHA LNO/PA/ILO believes that a Starter AST should not be allowed to default to assured status, they must have the decision approved by the L&N/IL Manager.
7.1.2 A Starter AST is terminated by the service of a S21 of the Housing Act 1988 (see Appendix 11).
7.1.3 A S21 Notice cannot be served during the first 4 months of the tenancy. Currently, from 1 June 2021, during the COVID Pandemic, the S21 Notice must be for a minimum of 4 months from the date of service.
7.1.4 The S21 Notice must also expire on the last day of a rental period.
7.1.5 It is essential that before issuing a S21 Notice, you complete the S21 Notice checklist (see Appendix 12) to ensure that you have adhered to all the procedural guidelines. This should be signed by a L&/IL Team Leader or the L&N/IL Manager.
7.1.6 If the decision to terminate a Starter AST is approved, then the S21 Notice can be served at any time before the end of the tenancy.
7.1.7 The S21 Notice should be accompanied by a letter (see Appendix 13) explaining:
• Why the S21 Notice is being served
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• Right of Appeals information
• The deadline by which they can appeal
7.1.8 A copy of the Landlord Gas Safety Record (LGSR), Energy Performance Certificate (EPC) and the How to Rent document should also be included.
7.1.9 The resident must be provided with a summary of the reasons for their tenancy being terminated. The S21 Notice and accompanying letter should be hand delivered to the property.
7.1.10 Should the resident appeal, then the Review Procedure at Section 8 (see Appendix 10) should be used in conjunction with the Starter AST case summary, Notification of Hearing Date and the Starter AST Termination checklist (see Appendix 14, 15 and 16)
7.1.11 If the resident does not appeal, or appeals unsuccessfully and refuses to leave the property on the specified date CCHA can use the Accelerated Possession Procedure through which, a Court Order can be obtained. CCHA’s solicitors and/or the Legal Coordinator/ASB Case Manager should be contacted.
7.1.12 As stated in 7.1.3 above, a S21 Notice cannot be served during the first 4 months of the tenancy and a Possession Order pursuant to S21, cannot come into effect during the first 6 months of the tenancy.
7.1.13 If the CCHA officer believes that a Starter AST should be terminated, then the Justification Form (see Appendix 17) should be completed and approved by the relevant L&N/IL Manager, in line with the ASB and Rent Arrears Policy.
8. Review/Appeals Procedure
8.1 Appeals against decisions to terminate Starter AST
8.1.1 This procedure applies to appeals against decisions to terminate Starter AST
8.1.2 It may also be used when there is a right of appeal, in respect of Assured Tenancies, that have been terminated because of ASB and Demoted Tenancies.
8.1.3 This procedure is to be used only where decisions are being challenged.
8.1.4 Where a complaint is being made about the way in which a case has been handled or in respect of CCHA’s administrative procedures, then CCHA’s complaints procedure should be used.
8.1.5 The purpose of this document is to provide a procedure for appeals to be dealt with fairly.
8.1.6 This includes dealing with cases quickly and giving anyone appealing against a decision the opportunity to put their case forward.
8.2 Notice to resident of right to appeal;
8.2.1 Residents should be notified of their right to appeal at the same time as they are served with a Notice Requiring Possession (NRP).
8.2.2 This information will be contained in the letter enclosing the NRP and in the information sheet attached to that letter. An information sheet and standard letter are attached (see Appendix 10 and Appendix 13)
8.2.3 A resident must notify CCHA in writing if they want to appeal, within 14 days of the date of service of the NRP. If the resident fails to comply with this time limit, their right of appeal will be lost.
8.2.4 A checklist for ensuring that the NRP is valid appears at Appendix 12.
8.2.5 L&NO/PA/ILO must also remember that a AST should only be terminated, by service of an NRP,
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where there has been ASB by:
• the resident
• members of the resident’s household
• visitors to the resident’s property
• serious breaches oftenancy, including significant rent arrears
8.3 Appeals against a Notice of Seeking Possession (NOSP) on an Assured Tenancy
8.3.1 If a resident wishes to appeal a NOSP on an Assured Tenancy, this would be dealt with through the court procedure.
8.4 Timetable for appeal on Starter AST
8.4.1 Where possible, CCHA will deal with the appeal and notify the resident of the outcome of the appeal, before the expiry of the NRP.
8.4.2 When dealing with appeals, CCHA will try to comply with the following timetable (the time limits running from the date of service of the NRP):
• Days 1-14: Resident gives Notice of Appeal
• Days 14-21: CCHA notifies resident of date of hearing and provides resident with a summary of the information which it will provide to the appeal panel
• Days 21-42: Appeal heard
• 7 days from hearing of appeal: resident notified, in writing, of appeal decision
8.5 The resident’s rights
8.5.1 The resident can choose to have the appeal dealt with at a hearing, or on the basis of written submissions.
8.5.2 At the hearing, the resident can be accompanied by a person of their choice or represented, including legal representation.
8.5.3 The resident can question the CCHA Officer presenting CCHA’s case at the appeal hearing.
8.5.4 The resident can also ask the panel to put questions to any witness. However, the resident does not have the right to cross examine witnesses.
8.5.5 The resident can produce their own evidence, which can include written statements or oral evidence from their witnesses.
8.6 The Appeal Panel
8.6.1 The appeal will be heard by at least two, or more people making up the Appeal Panel. The Appeal Panel will consist of CCHA Senior Officers and/or any person from outside CCHA who has relevant expertise such as, a lawyer or local authority officer. Subject to 8.8.2 below, no member of the panel will have had any previous involvement with the case.
8.6.2 One member of the panel will be appointed as Chair. The panel’s decision will be by a majority vote. If there is a tie, the chair will have the casting vote.
8.6.3 Panel members must disclose any perceived conflict of interest, e.g. if they have previously dealt with the resident in any capacity, to the other members of the panel. Where there is a conflict of interest, the panel member will step down.
8.6.4 The panel can obtain legal advice at any time, before, during and after the hearing. The Legal Advisor
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can attend the hearing to advise the panel on legal or procedural issues that arise but will not become a member of the panel. This may be appropriate if the resident has indicated that they are going to be legally represented at the hearing. It may be necessary to adjourn the hearing to arrange for the Legal Advisor’s attendance (see 8.8.4 below).
8.6.5 If the panel invites a lawyer to attend the hearing, it is important that the chair makes it clear to the resident and their representative, if they have one, whether the lawyer is a member of the panel (see 8.8.1 below) or is an advisor to the panel (see 8.8.3 below).
8.6.6 If the appeal is successful, any future appeals by the resident can be heard by the same panel.
8.7 Procedure before the hearing
8.7.1 A CCHA Officer will present the case for terminating the tenancy to the Appeal Panel.
8.7.2 The CCHA Officer is responsible for preparing a case summary, which will summarise the information that will be presented to the Appeal Panel. This will usually be in the form attached at Appendix 14.
8.7.3 Wherever possible, the resident should be given at least 7 days’ notice of the hearing. This will be done by letter, which will enclose the case summary and copies of any written evidence that will be used at the hearing. A standard letter is attached at Appendix 15.
8.7.4 Hearsay evidence can be used. When it is used, the identity of the witness does not have to be disclosed. If the identity of the witness is not disclosed to the resident, then it must not be disclosed to the panel.
8.7.5 Any evidence or information that is given to the panel must also be given to the resident. For example, evidence of a confidential nature can only be provided to the panel if it is also disclosed to the resident.
8.7.6 Residents will be asked to provide any written evidence to be used at the hearing, to CCHA at least 48 hours before the hearing.
8.7.7 If the resident is going to be represented at the hearing, they will be asked to provide the name and capacity of their representative, at least 48 hours before the hearing.
8.7.8 If the resident does not do so, the panel can refuse to hear the resident’s representative and/or refuse to consider the written evidence not disclosed in this way.
8.7.9 If the resident decides that they do not want the appeal to be dealt with at a hearing, the Appeal Panel will meet and make its decision based on the written submissions it has received from the LNO/PA/ILO conducting the appeal, on behalf of CCHA and from the resident.
8.8 The appeal hearing
8.8.1 The hearing will not be conducted like a court hearing and formal rules of evidence will not apply. The Appeal Panel will use the Civil Standard of proof, the balance of probabilities or “more likely than not”, rather than the criminal standard of proof, beyond reasonable doubt.
8.8.2 The procedure at the hearing will be decided by the panel, but will normallybe:
• Presentation (including evidence) from CCHA officer
• Resident (or representative) can question the officer
• Presentation (including evidence) from Resident (or representative)
• CCHA officer can question the Resident
• Closing remarks by CCHA officer – limited to commenting on the resident’s presentation
• Closing remarks by resident (or representative)
• Decision (see 10. below)
8.9.1 At the start of the hearing, the chair of the panel will describe the procedure that the panel intends to
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follow, to the resident.
8.9.2 The panel should try to ensure that the questioning, presentations, evidence and closing remarks are not intimidating or repetitive.
8.9.3 The panel can question the LNO/PA/ILO, the resident and any witnesses. The LNO/PA/ILO can only question the resident. The resident, or their representative can only question theLNO/PA/ILO
8.9.4 In reaching its decision, the Appeal Panel must establish which facts are not in dispute and resolve those facts that are in dispute. When this has been done, the Appeal Panel will apply those facts to the case to decide:
• Is the NRP valid
• Has there been ASB by the resident, members of the resident’s household or visitors to the resident’s property
• If so, was the ASB sufficiently serious to justify serving the NRP and evicting the resident? When deciding this question, the panel must consider whether eviction is proportionate to the seriousness of the ASB/tenancy breaches, including any information provided concerning the personal circumstances of the resident and members of their household
8.10 If the answer to any of the questions set out in 8.9.4 above, is “yes”, then the appeal will fail, and the resident will be evicted. In appropriate cases, the Appeal Panel may require or recommend future action by the resident or by CCHA and can impose conditions.
8.10.1 This may include:
• Extending the Starter AST period
• Entering an Acceptable Behaviour Contract or Parental Control Agreement
• Withdrawing the NRP
• That any future appeals by the resident are to be heard by the samepanel
8.11 The panel can make the outcome of the appeal dependent on the resident complying with its requirements and recommendations. If the resident does not do so, then they may beevicted.
8.12 If the answer to all of the questions in 8.9.4 above are “yes”, then the appeal willfail.
8.13 If the Appeal Panel decide that the NRP is not valid, then it will be withdrawn. If the Appeal Panel also considers that it was not appropriate to serve the NRP, on the basis of the information that was presented at the hearing, then it can make a recommendation to this effect.
9. Adjournments
9.1 The Appeal Panel can, if it considers appropriate, adjourn the hearing. It may do so if, e.g. new evidence has been presented at the hearing which requires further investigation or if the resident presents convincing medical evidence that they are unfit to attend the hearing.
9.2 The rearranged hearing should take place as soon as possible. If, as a result of the adjournment it is possible that the resident’s Starter AST period may end, with the tenancy converting into afull Assured Tenancy before the appeal is dealt with, or CCHA can start possession proceedings, then the panel can recommend that the AST period isextended.
10. The Decision
10.1 The Appeal Panel may reach a decision at the hearing and notify the resident immediately. If it does so, its decision and the reasons for its decision will be confirmed to the resident in writing within 7 days of the hearing.
10.1.2 Alternatively, the Appeal Panel may give its decision after further consideration. If it decides to do
Castles & Coasts Housing Association
Tenancy Policy - Version 1
Legal advice obtained from Devonshires on 16.06.21
Date approved by Board: 27.07.21
Page 12 of 13
this, it will inform the resident that they will be told when the decision has been made. The decision will be made and confirmed in writing together with the reasons for the decision, within 7 days of the hearing if reasonably practicable.
10.1.3 There is no further right of appeal to CCHA against the decision of the Appeal Panel.
Castles & Coasts Housing Association
Tenancy Policy - Version 1
Legal advice obtained from Devonshires on 16.06.21
Date approved by Board: 27.07.21
Page 13 of 13
