Your tenancy agreement
We will provide you with a written agreement that sets out your rights and obligations and our rights and obligations. We will explain the agreement to you when you move into your new home.
The majority of our residents have a “tenancy agreement”. A few residents in supported housing have a “licence agreement”.
Your tenancy may be an assured tenancy, an assured shorthold tenancy or a starter tenancy. Our tenure policy and our starter tenancy policy set out which form of tenancy or licence is used in different circumstances, and both are set out below. Our eviction policy sets out our approach to evictions and is also set out below.
Tenure policy
1 Introduction
1.1 We will grant residents the most appropriate and/or secure form of tenure possible when letting our property.
2 Policy
2.1 We will grant starter tenancies to most residents in general needs and sheltered housing, in accordance with the Starter Tenancy Policy.
2.2 However, we will grant fully assured tenancies:
2.2.1 to residents in general needs and sheltered housing who are transferring from another property within Magna or from another social landlord.
2.2.2 to residents in supported housing where the accommodation is intended to be long term.
2.3 We will grant assured shorthold tenancies:
2.3.1 to residents who are occupying property which is leased by MHA from another landlord.
2.3.2 in supported housing schemes where the accommodation is intended to be temporary or short term.
2.3.3 where accommodation is otherwise intended to be temporary or short term. Examples include tenancies granted to make temporary use of vacant properties which are due to be demolished or redeveloped.
2.4 Where appropriate, we may seek demotion orders against fully assured tenants, as part of our approach to dealing with anti-social behaviour. If a Court grants a demotion order, the fully assured tenancy will be replaced with a Demoted Assured Shorthold Tenancy for one year (or longer if possession proceedings have been commenced during that year).
2.5 We will use licences as appropriate in some supported housing schemes, where due to the nature of the accommodation:
2.5.1 residents do not have the exclusive use of part of the accommodation; and/or
2.5.2 we require access to residents’ rooms to provide high levels of support; and/or
2.5.3 for the efficient management of the accommodation, residents are moved between rooms.
Starter tenancy policy
1 Starter tenancies will be used for all new tenants in general needs and sheltered housing and we will inform Starter Tenants about the Starter Tenancy Agreement when they sign up for the tenancy.
2 Starter tenancies will not be used for:
2.1 Supported housing residents
2.2 Existing MHA tenants who are transferring to another property, unless they are already on a Starter Tenancy
2.3 Tenants of another registered social landlord or local authority who transfer to an MHA property, unless they are already on a Starter Tenancy
2.4 Tenants of properties leased from another landlord, who will be signed-up on our standard Assured Shorthold Tenancy.
3 We will use Starter Tenancies as part of our wide variety of approaches to tackle the range of anti-social behaviour issues.
4 In accordance with our Eviction Policy, Starter Tenants will be evicted only as a last resort, for persistent and/or severe anti-social behaviour or other serious breaches of tenancy conditions.
Eviction policy
1. Magna Housing Association will seek possession only after all reasonable methods of ensuring compliance with the tenancy or licence agreement have failed. Eviction is used as a last resort and can only be authorised by senior members of staff.
2. Our overall approach is to act to support and sustain tenancies. To this end, when we become aware of breaches or possible breaches of occupancy agreements, we will intervene at an early stage and fully investigate and consider the individual circumstances of each resident.
3. We will ensure that residents understand the terms of their tenancy or licence agreement and the consequences of failing to keep to these terms.
4. We will seek to ensure that residents receive appropriate support to help them keep their home. Residents in supported and sheltered housing will have a support plan identifying the type of support needed and these will be reviewed regularly. We will refer vulnerable residents in general needs housing to floating support services or other support services where applicable.
5. Where residents have rent arrears, we will seek possession only where all preventative methods, liaison with housing benefit departments, financial counselling, guidance and advice have failed to resolve the problem. We will not normally seek possession if a resident is maintaining an agreement to repay arrears, unless there are other breaches of tenancy in addition to rent arrears.
6. In the case of anti-social behaviour or harassment by the resident or any other person living in our property, or acts of waste or neglect of the accommodation, we will seek possession only when we have enlisted the advice and assistance of relevant agencies and, where appropriate, the police, but this has failed to improve the situation.
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