Tenancy Management Policy

The policy is intended to support new and existing customers of Your Housing Group and is applicable to all Group stock. This policy details the principles which govern the following:  

• Allocation of tenancies
• The types of tenancies offered and when used
• Joint tenancies
• Tenancies granted to minors
• Tenancy Changes (assignment, mutual exchange and transfers)
• Termination of a tenancy
• Succession, left in possession and death of a tenant Abandoned properties
• Tenancy Fraud. (A separate Counter Fraud Policy also references tenancy fraud) 
• Subletting.

YHG will:

• Meet all applicable statutory and regulatory requirements for the form and use of tenancy agreements or terms of occupation. We will also meet requirements set out in local authority nominations agreements, planning consents, deed titles, loan covenants, or stock transfer agreements
• Ensure tenancies are granted in a fair and transparent way consistent with the purpose of the accommodation, local sustainability and best use of stock
• Provide clear pre-tenancy information on rights/responsibilities, how to end tenancies and access to complaints. 

YHG consulted:  

• Key Internal stakeholders (Housing Management, Income, Money Advice, Assets, Governance, Risk & Assurance)
• Customer Focus Group and Customer Connect Panel
• Customer Services Committee.

This approach aligns with the RSH Transparency, Influence & Accountability Standard 

The key aims and objectives of this policy are aligned to underpin our approach for new and existing customers to access housing across YHG.  

YHG is committed to meeting housing need and works in partnership with local authorities to participate in relevant nominations arrangements and choice-based lettings schemes to meet housing need as defined in Part 6 of the Housing Act 1996.  
In addition to setting out the types of tenancies we grant to new and existing customer/s (tenants), this policy also details our approach to managing changes to and ending of tenancies such as Succession/Left in Occupation, Assignment, and Mutual Exchange.

This policy also details YHG’s approach to tenancy management and ensuring tenancies are sustainable, and that we are proactive in dealing with abandoned homes and tenancy fraud.

The types of tenancies we can offer, and the circumstances in which we can offer them, are determined by law and regulation.  
This policy meets the legal requirements set out in the Housing Act 1988, which established Assured Tenancies, our main tenancy offer for social and affordable rented homes. It also meets subsequent changes in legislation and supports meeting the requirements set out in Regulator of Social Housing’s Tenancy Standard.

Tenure

• Registered Providers shall offer tenancies or terms of occupation which are compatible with the purposes of the accommodation, the needs of individual households, the sustainability of the community, and the efficient use of their housing stock
• They shall meet all applicable statutory and legal requirements in relation to the form and use of tenancy agreements or terms of occupation. This policy should be read in conjunction with the Access to Housing Policy.

YHG offer a range of types of tenancies and licences in different circumstances which are detailed below.  

These are explained to prospective customers before sign-up, including the type of tenancy, rights/responsibilities, safety access requirements, how to end and how to complain.

Types of tenancies offered

Assured Shorthold Tenancy (converting)

We will offer a Periodic Assured Shorthold Starter Tenancy (AST) to customers who do not currently hold a Social Housing Assured or Secure Tenancy. Starter Tenancies will be in place for a 12-month probationary period. 

The tenancy will be reviewed and will convert to a Periodic Assured Tenancy after the 12 months has expired, unless there are unresolved tenancy issues concerning antisocial behaviour or other serious tenancy breaches. Should this be the case; YHG may seek during the first 12 months to serve a Notice Requiring Possession (NRP) or may extend the starter tenancy period by a further 6 months.

Further extensions past the 6 months may be put in place in exceptional circumstances, however, Starter Tenancies will not usually last for any longer than 18 months in total. 

The Renters Rights Act 2025 will abolish Section 21 and ASTs in the private rented sector from 1 May 2026, and current guidance indicates this will be extended to PRP’s (Social Landlords) from 2027. YHG will monitor this and update our starter tenancy guidance at that point the new legislation take effect.

Customers have the right to appeal against the decision to serve the above-mentioned notice and must request an appeal within 21 calendar days of receiving the letter advising them of our decision. The officer conducting the review will not have been involved with making the original decision and will be more senior than the officer making the original decision.  

The outcome of the appeal is final, and no further appeals are allowed if we decide not to issue a Periodic Assured Tenancy. We will provide customers with advice on their housing options in that case.

Once a tenancy has converted to an assured tenancy it 
can only be ended by YHG obtaining a possession order through the County Court.  

Affordable Rent Assured Shorthold Tenancy (converting)  
Affordable rents are social rented homes that are let at up to 80% of the market rent.

The tenancy agreement operates the same as the Assured Shorthold Tenancy (converting) as detailed above.

Tenancies offered to existing social housing tenants  

Assured Tenancy  

We will offer Periodic Assured Tenancies (“Lifetime Tenancies”) to existing YHG customers who already hold an Assured Tenancy when they move to another YHG home. This includes new tenancies created by a Mutual Exchange.

In the circumstances where a customer moves into a YHG home from another landlord and previously held a Secure Tenancy with their previous landlord, they will lose the Secure Tenancy when entering a contract with YHG and will be offered an Assured 
Tenancy.  

Preserved Right to Buy (PRTB) is only granted to previous council tenants of local authorities’ councils who were part of a stock transfer to YHG as their new landlord.  

PRTB is indefinite and a personal right of the tenant, it does not matter how many times a customer moves if they remain with the same landlord and there is no gap in the tenancy. There is an exception to this if a move is pursuant to a court order. In most 
circumstances should the tenant move to another landlord they will lose the PRTB. 

Secure (Lifetime) tenancies

We will only offer a new Secure Tenancy to customers who already held a Secure Tenancy with YHG immediately before they enter the new contract. The exception to this is where the customer moves to a property that attracts an Affordable Rent. In 
those circumstances, a Periodic Assured Tenancy will be offered.

Tenure offered in different circumstances.  

Periodic Assured Shorthold Tenancies (non-converting) 

YHG has several schemes whereby we do not own the building but rent them on a long term lease arrangement. Customers offered a home at these schemes are granted an Assured Shorthold Tenancy (AST) which remains the tenure for the duration of the 
rental period and will not convert to an Assured Tenancy. This is based on the ownership of the building, and not the customers individual circumstances.  

YHG would not seek to end the tenancy unnecessarily, and we would only seek to bring the tenancy to an end if the lease agreement were terminating and we were returning the building to the owners, or if the customer (tenant) breaches the tenancy agreement. This list is not exhaustive and there may be other reasons not envisaged in the tenancy agreement which means it may come to an end.  

For YHG’s market rent properties, ASTs cease from 1 May 2026 and become Assured Periodic tenancies under the Renters Rights Act 2025. YHG will update documents and processes, including notice/rent-increase processes in accordance with this 
legislation.

There are other circumstances when we are unable, or we have decided that it is not appropriate, to grant Periodic Assured Tenancies, Starter Tenancies or Secure Tenancies.  

This is usually for legal reasons or because awarding such tenancies would be incompatible with the purpose of the accommodation being offered.

For example, customers who (non- exhaustive):

• Are living in supported accommodation
• Have limited leave to remain in the UK. A separate legal duty exists for us to check this eligibility
• Are asylum seekers and we have been asked to provide housing by the local authority
• Are living in temporary accommodation for more than 6 months, such as ‘move on’ accommodation; or
• Are offered time limited temporary housing as part of a regeneration programme. 

In these circumstances we will offer a Periodic Assured Shorthold Tenancy (a less secure form of tenancy), or a Licence agreement in supported accommodation schemes 

Assured Shorthold Tenancy – Non-Social

For YHG’s non-social housing properties we currently offer new customers Assured Shorthold Tenancies. These are granted across YHG’s market rent, keyworker and student accommodation portfolio. Customers renting this type of home retain the tenure of Assured Shorthold for the duration of the rental period.

The tenancy agreement converts to a Periodic Tenancy after the first 6 months but remains, an Assured Shorthold Tenancy and does not acquire the rights of an Assured Periodic Tenancy.  

From 1 May 2026, all such ASTs (new and existing) will be replaced by open-ended Assured Periodic Tenancies and rent increases will be limited to once per 12 months via Section 13 notice with a minimum two months’ notice; tenants can challenge above market increases at Tribunal. 

Equitable Tenancies  

Tenancies for Minors

We will offer minors an Equitable Tenancy which will be held in trust by a Trustee until the customer is 18 years old. YHG will not function as Trustee.

This is because minors are not allowed to hold a tenancy in law so they must have a trustee or guarantor. The relevant wrap around support would be expected to be place for as long as required to work towards a successful and sustainable tenancy. We will 
ensure appropriate liaison and support with trustees and support agencies.

New tenancies granted to minors will be an equitable version of the same type that would have been offered to an adult applicant (Assured Periodic Tenancy).  

The Trustee will be required to:  

Sign a Deed of Trust agreeing to:  

• Hold the tenancy until the minor becomes 18 years old
•  Be liable for rent and hold responsibility for the tenancy
• Accept service of notices on behalf of the minor
• Act in the best interest of the minor; and arrange a litigation friend to represent the minor in court if necessary

The Trust will end, and the Equitable Tenancy will automatically convert to a standard tenancy when the minor reaches the age of eighteen. If it is a joint tenancy the Equitable Tenancy will end once the youngest joint equitable tenant reaches the age of eighteen. The only exception to this would be in cases of succession (where a family member contractually succeeds). 

Licence Agreements including Excluded Licences

Licence Agreements including Excluded Licences, are used across our Supported Housing portfolio and/or with certain employee accommodation. 

An Excluded Licence gives no protection from eviction and would be used in some of our Agency Managed Schemes and some Supported Homeless Hostel Type Accommodation Schemes.

A Licence Agreement is not a tenancy but a Licence to Occupy and is used where the accommodation is let on a temporary basis and there is no intention to create a tenancy.  

A licence is commonly used where the resident does not have exclusive occupation (e.g. shared rooms) or if support staff must access the room.

In circumstances such as succession, a licence may be offered temporarily where the property is not suitable for them to remain, and an alternative suitable property is being sought. 

Where we temporary rehouse someone when their main and principal home is in a state of repair deeming the home unhabitable, or when letting a garage, the customer will 
sign a specific temporary tenancy agreement.

In Staffordshire Moorlands we also provide a small amount of accommodation under Section 188 Housing Act 1996 Part VII (temporary excluded licence agreements) where SMDC has an interim duty, and Section 193(2) (temporary licence agreements) where SMDC owes the main housing duty. 

This is not supported housing, it assists SMDC with their homeless duties.

Assignment of tenancy

Assignment is where an existing tenancy is transferred to another customer (tenant). Assignment will only be permitted where the tenancy agreement specifically allows for this as defined by legislation.

Any proposed assignment must be requested in writing and can only proceed with YHG consent. YHG will not unreasonably refuse to consent to an assignment. The only exception to this would be assignment due to a Court Order, in these cases YHG must 
accept the assignment.  

YHG will review all applications for an Assignment of Tenancy to ensure the requested assignment is permitted by law, the tenancy agreement, and that there have been no previous assignments of the tenancy.  

If it is deemed that the assignment is permitted, we will arrange for a home visit to understand if there are any reasons regarding the customer (tenant) or the property that may result in consent being refused. 

Requests could be refused for the following reasons (non-exhaustive):

• The property has an age criterion of which the proposed assignee does not qualify
• The property has been specifically adapted for the existing customer or household member, and as such the assignment would result in the new tenant not being able to live in the home
• The proposed assignment would result in statutory overcrowding
• The proposed assignment is deemed unaffordable by the assignee following an affordability assessment
• There are outstanding rent arrears
• The assignee is not deemed to be eligible for assignment in accordance with our Access to Housing Policy or Charitable Status
• The property is in poor condition. 

Approved assignments of tenancy will be confirmed in writing. A new tenancy agreement will not be provided, and no new tenancy is entered into as the tenancy is transferred and the assignment completed through a deed of assignment.  

Mutual Exchange

Mutual Exchange is where two or more customers within social housing transfer their tenancies through assignment. Customers wanting to Mutual Exchange must identify the customer they wish to exchange with and apply online.  

YHG is a committed member of the national Mutual Exchange scheme, Homeswapper, that facilitates searching for exchanges for customers across England.

Access is available to all YHG customers free of charge where they can register and search for an exchange. Our mutual exchange application process is managed online via Swaptracker up to the point of the exchange taking place.  

YHG will review the request for mutual exchange and will decide if customer/s are eligible to apply. Customers must hold an Assured Tenancy (i.e., any assured shorthold starter period must have elapsed) and they must have resided at their current property for 12 months or more.  

Mutual Exchanges can only be refused subject to specific grounds. These grounds are contained in Schedule 3 of the Housing Act 1985.  

The decision to either approve, refuse, or approve conditionally will be provided to the customers in writing. Examples of when an exchange may be approved subject to conditions would commonly be when there are existing rent arrears or alterations to the 
property which would require resolution prior to approval being given.  

Tenancy transfer  

YHG are developing a non-urgent transfer waiting list where we have current or existing stock. Currently, YHG will only arrange a transfer internally if there is an urgent housing need that is posing a serious and detrimental risk to the customer or someone living in 
the household. Existing customers who wish to transfer on a non-urgent basis should apply to the local authority housing scheme or choice-based lettings scheme in the area in the first instance.  

Ending of Tenancies - Death of a Tenant

Succession/Left in Occupation

Succession is when a tenancy is transferred on the death of a tenant to a qualifying person. The right of succession is a legal right as defined in the Housing Act 1988 and can depend on the type of tenancy and the terms within the tenancy agreement that 
apply.  

It is important to understand if there have been any previous successions, whether the proposed successor is living in the property, how long they have lived there for and their relationship to the tenant. In the case of Secure/Protected Tenancies the Housing Act 1985 will apply and there may be further Statutory Rights of Succession.

The proposed successor will be required to provide evidence in support of their request, and we will ensure that information is available about this. Once all information has been received YHG will seek to decide at the earliest opportunity. There is no new 
tenancy created with a succession and the tenancy effectively passes to the successor.  

In certain circumstances where the succession of tenancy has been conditionally approved it could be deemed that the current home is not suitable for the successor and/or a member of the household. In these circumstances alternative accommodation 
will be considered and offered, and the customer will be issued a temporary License to Occupy in the existing home until an alternative and more suitable offer of accommodation is found.

Examples of when this may occur are as follows (this list is not exhaustive):  

• The home has been specifically adapted and the new customer or anyone in the household would not require these adaptations
• The home is in an age restricted scheme, and the new customer does not meet the age criteria
• The home would be under occupied.  

If the request to succeed the tenancy is not approved and YHG does not consent to the continued occupation of the applicant, we will seek to provide advice and assistance to the applicant to obtain alternative rehousing, however, the applicant may be required to 
vacate the property and return the keys. The tenancy may be ended through the appropriate legal route. 

Joint tenancies  

If the deceased customer was a joint tenant and there have been no previous successions, the remaining joint tenant will succeed the tenancy. This is known as survivorship and qualifies as the first Succession. The surviving tenant shall be treated as a successor. 

Sole tenancies

If we are made aware of the death of a tenant, we will make every effort to contact the personal representatives/next of kin. If the deceased customer was a sole tenant, we will request a copy of the death certificate from the personal representatives of the 
deceased. Rent liabilities remain payable from the estate of the deceased until the tenancy is ended.  

There are circumstances where the Next of Kin (“NOK”) can provide evidence of the death certificate immediately and statutory acknowledgement that they are or will be acting as the Personal Representative of the deceased (sole tenant) and request that 
we end the tenancy, and they will clear the property of personal possessions.  

On receipt of such requests and ensuring there is no risk of future legal challenge to YHG, we may agree with the NOK on receipt of the legal evidence, a date for the tenancy to end at the property and keys to be returned. 

Where we are serving a Notice to Quit this will be issued concurrently to the Public Trustee and to the Personal Representative delivered to the property. Once the notice expires the tenancy ends and YHG will take steps to regain possession of the property (this could include issuing legal proceedings).  

YHG will not relet the home until such time the Public Trustee has advised their investigations are closed and we can legally let the home to a new customer.  

There are times when a resident moves into a care home and may lack capacity and there is no likelihood of them returning home. In this instance, we take a risk-based approach to consider next steps in bringing the tenancy to an end. This will consider whether the local authority adult services team makes a ‘best-interest’ decision and if the next of kin agree with this.

Abandonment

YHG will proactively investigate where we believe a home to be abandoned and/or is not being used by a customer as their main and principal home. Abandoned homes have a detrimental environmental impact on the neighbourhood and existing customers. Therefore, it is important that in these circumstances appropriate action is taken to end the tenancy and re-let the home to a customer in housing need.  

Investigations will be undertaken to understand if the property has been abandoned of whether, for example, a resident is simply in hospital, short-term care or away for other good reasons. If it is determined that there is evidence to suggest the property has been abandoned, this will be approved by a manager and a Notice to Quit will be issued. Once the notice expires and the tenancy ends, YHG will take appropriate action to regain possession of the home of which could include ending the tenancy or may include formal legal possession proceedings. 

Identity and Tenancy Fraud  

In tackling tenancy fraud, YHG will respond appropriately to ensure we understand who we are letting our properties to and who occupies our homes.

Measures will include confirming the identification of new customer/s including everyone in the household moving group, completing the viewing with the prospective customer, and completing two home visits within the first 12 months in accordance with our Starter Tenancy process. We will ensure we are proactive, initiative-taking and take appropriate enforcement action in any established case of tenancy fraud under Prevention of Social Housing Fraud Act 2013. Our Counter Fraud Policy provides further detail on this. 

Subletting  

Our homes are provided for the use as a customer’s main and principal home and subletting is not permitted, for the whole or part of the property. There are some exemptions to this with older tenancy agreements of which permission must be granted 
by YHG.  

Where exemptions do not apply YHG will proactively investigate any allegations of subletting and will take appropriate enforcement action where this is identified.

All YHG colleagues responsible for tenancy management and allocation of YHG properties are required to adhere to this policy. Any request to deviate from the principles of this policy 

Requires escalation for review and approval consideration to the Service Manager and Head of Housing.  

The Head of Housing is responsible for the overseeing the implementation of this policy. 

The headline risks associated with this policy are: 

YHG understands that confidentiality is important to customers and will treat all information relevant to each customer in the strictest confidence. 

We approach the protection of personal data in a comprehensive manner in line with the Data Protection Principles of the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 (DPA) (collectively referred to as the Data Protection Legislation).  

YHG’s Data Protection Policy will also be adhered to in following this policy during our allocations and lettings and tenancy management activities. We will collect, store and process personal information of our existing and potential new customers, (applicant/s) and recognise that the correct and lawful treatment of this data is necessary to provide for the continuance of successful business operations and maintain confidence in YHG.  

Any personal information relating to applicants and customers is stored on YHG systems which are compliant with the principles of GDPR and YHG’s Document Retention Policy. 

This policy meets the requirements of the equality impact assessment and is compliant with the requirements of the Equality Act 2010 and RSH’s Transparency, Influence and Accountability Standard.

This means that we will not discriminate against customers on the grounds of their age, disability, gender reassignment, marriage or civil partnership status, pregnancy or maternity status, race, religion or belief, sex, or sexual orientation.  

Neurodivergence, whilst not a separate protected characteristic, is nevertheless, embedded throughout practice. As such, many conditions qualify as disabilities and are therefore fully protected.

Your Housing Group will only participate in allocations schemes that are compliant with the Equality Act 2010, and which offer fair access to housing for all applicants. We assess our policies and provision of services to make sure all decisions are in accordance with  the requirements of the Equality Act 2010.

We will on request, provide translations of any documents, policies and procedures in different languages and other formats to suit requirements and support reasonable adjustments for easy access to our service. 

This policy will be stored on YHG’s intranet and will be communicated to all staff involved in the allocations and lettings and tenancy management processes. The policy will also be made available on YHG’s website to provide easy access for customers and our partners. Other formats/languages can be made available as appropriate. 

YHG is committed to targeted training of all staff.  

This policy and the procedures that support it will be the subject of a mixed platform of training across YHG and include all stakeholders. This training will be bespoken to the individual stakeholders and include:  

• Team Briefings, for those who need to be aware of it but not actively involved in the delivery
• On the job training, for those who need to adhere to this policy and use the accompanying procedures in their daily roles
• Regular Toolbox refreshers, for those using the procedures. 

We will use the following non-exhaustive list to measure and monitor our performance with a continued focus on service improvement:

• Provision of KPI measures linked to operational performance
• Monitoring our performance and compliance with our allocation of vacant homes, Mutual Exchanges, and tenancy management activities
• Number of complaints relating to our service offer and applying any learning or service improvements from customer feedback
• Customer satisfaction measures with our service and service style
• Monitoring of compliance through operations management controls such as compliance check list and audit samples of allocations and tenancy changes made.