Social Tenancies

Housing Executive Tenancies. The Housing NI Order 2003 allowed for a provision of an introductory tenancy for Executive and social landlord tenants. The purpose is to assess their suitability to hold a secured tenancy.

After 12 months, the tenancy becomes secured unless possession proceedings are taken. In the case of joint tenants, 12 months are fulfilled after either tenant completes the 12-month period.

A tenancy agreement is entered with the district office of the Executive. The tenancy may be granted to an individual or jointly to two or more individuals. Joint applicants who live in the same household are only eligible.

Joint tenancy may be permitted where the applicants are civil partners or spouses. The joint tenant is a person who would be entitled to succeed if the applicant died; the proposed joint tenant has been living as part of the same household for at least a year prior to the application.

The tenants’ handbook sets out the terms and conditions of the tenancy. The tenants’ broad obligations are to pay rent, keep the property in good condition, repair anything that the agreement requires them to repair, replace damaged items due to neglect or carelessness, report repairs to the Executive, not engage in anti-social behavior, and surrender the property in good condition at the end of the tenancy.

The Executive must carry out repairs to the structure and the outside and decorate the accommodation at least every seven years. Secure tenants enjoy certain statutory rights.

A direct tenancy may not be ended without a court order unless the property has been abandoned. The court may only evict on one of a number of statutory grounds.

Secured tenants may pass the tenancy to a spouse or civil partner provided they occupy the property as their principal residence at the time of the tenant’s death. A close relative may also succeed if they resided with the tenant for a period of at least 12 months prior to death.

In the event of a dispute, the Executive may nominate a successor provided that a spouse or civil partner takes precedence.

A person may also be eligible under the selection scheme where:

• The applicant must be a personal partner of the deceased, and they have been living together for a year.
• The applicant is a carer who has given up a tenancy or license or sold a home to come and live with the tenant and care for them.
• The applicant has accepted responsibility for the deceased’s dependent children.
• The Director of Housing has decided that due to particular circumstances, the application should be approved.

Housing Executive tenants have a right to one succession. Where children have been living in the house for a long period, typically 20 years, the Executive may use its discretion to allow the child to succeed.

In the case of introductory tenancies, the initial trial tenancy is for 12 months. A secured tenancy is granted after that period unless the Executive takes possession proceedings against the tenant. The grounds for eviction of an introductory tenant are much broader.

When an introductory tenant dies, a person may qualify to succeed if they occupy the property as their principal home at the time of the death and either the person is the tenant’s spouse or civil partner or members of the family who have resided for more than 12 months. In the case of joint tenants, the joint tenant is treated as the sole tenant and succeeds automatically.

A tenancy may be assigned under a number of circumstances subject to conditions. An assignment may arise in pursuance of a Matrimonial Causes Order. An assignment will be to a person on whom the tenancy would vest if the tenant died, and the tenancy may be assigned by way of an approved exchange subject to the consent of the landlord.

An assignment may take place under the policy rules of the scheme. This may arise where it is no longer practicable for the tenant to continue to act as such due to circumstances beyond their control.

The tenant leaves the property and undertakes the responsibility for dependent children, or the existing tenant goes into a residential home on a long-term basis, and other family members remain and wish to become tenants, or the tenant is rehoused in sheltered accommodation or special needs accommodation, and remaining members wish to become tenants.

Secured tenants may take in lodgers. Introductory tenants do not have this right, and this right may impact housing benefit entitlement.

Secured tenants have a right to be consulted regarding proposed changes in their tenancy or proposals affecting the tenancy, such as redevelopment works. Introductory tenants have a more limited right of consultation.

Secured tenants have a right to information regarding the terms of a tenancy and allocation. Information comprises the tenant’s handbook and booklets are provided.

Secured tenants may be entitled to sublet to a limited extent. They may sublet part only with the consent of the Executive, and they must continue to occupy the house as their principal residence.

The Executive cannot reasonably refuse consent to sublet a part. However, it may be reasonably repelled where there are objective criteria.

Secure tenants have the right to carry out improvements with the prior written consent of the Executive. The Executive may not unreasonably withhold its consent, but it may do so if it would affect the saleability of the house safety, cause expense for the landlord, or affect the value of the property.

There is a statutory scheme to reimburse secure tenants for improvements that add value to the property. The previous scheme was voluntary only.

Housing executive and social landlord tenants may be permitted to transfer or exchange properties. Tenants may be eligible for transfer if they meet the following criteria.

They must have been a secure tenant of the executive or housing association for at least two years. They must have a clear rent account, the property must be in good repair, they must not owe money for any previous damages, and they must not be in serious breach of the agreement.

The access criteria may be waived where the tenant is a full-duty applicant. The tenant is eligible for points across a range of health and social well-being factors. The applicant is living in shared accommodation or wishes to transfer to self-contained accommodation. The applicant is being awarded points under certain grants. The transfer is recommended for good house management reasons, such as major works, a change in family size, a change in accommodation needs, the tenant is unable to meet the combined cost of current rates and heating charges, or the current tenant is seeking to move to an area where housing need has been met, and the tenant’s landlord agrees to the move.

The tenant makes an application in the same format as a housing application. Applicants are assessed and placed on a waiting list, which is used by participating landlords.

Transfer applicants are generally assessed in points under the housing selection scheme and are put on a waiting list. There are exemptions where officers may use their own discretion.

This may arise in the context of a neighboring dispute, transfer necessary for ongoing relevant purposes necessary to facilitate the demolishing of purpose-built stock, necessary to prevent housing increasing transferring sheltered tenants in a sheltered unit for another unit in the same development, with the vacancy being offered to a person on the waiting list, transferred to an adopted or purpose-built accommodation for the applicant.

Secured tenants may exchange their accommodation with another secure tenant. The consent of the housing executive or registered housing association is required.

The following grounds of refusal apply:

• the tenant or person with whom the exchange is proposed must give up possession of their accommodation because of a court order. Possession proceedings have already begun, a relevant order or suspended possession order or possession for nuisance or antisocial behavior is enforced or is pending.
• The tenant or personal tender want to exchange has been convicted of an offense involving using the dwelling house for immoral or illegal purposes.
• The accommodation is bigger than required for the assignee.
• The accommodation is not reasonably suitable for the needs of the proposed assignee.
• The accommodation is designed and adapted to accommodate a person with physical disabilities.
• The accommodation belongs to a housing association that provides housing for people with special difficulties, secured accommodation, and exchanging the resident will not be in that category.
• The accommodation is part of a group of dwellings that provides housing for those with special needs with secured services.

The public charter indicates the housing executive will advise on the decision within four weeks. Where it decides to withhold the consent, the decision must be given within 42 days, giving reasons.

The Housing Executive makes properties available for exchange monthly to those who wish to exchange to other districts. There is a UK-wide scheme called “Direct Line” that provides for the exchange of houses by social housing tenants.