The DCLG has issued their Equality Impact Assessment of the policy to
require councils to grant future tenancies on a fixed-term basis
and carry out a review of the tenants' circumstances at the end of
the fixed-term.
The Housing and Planning Bill contains provisions to deliver on
the government's commitment, in the summer Budget, to review the
use of lifetime tenancies with a view to limiting their use. The
DCLG carried out an review to assess the impact of this policy.
The government has made a number of amendments to their
proposals as the Housing and Planning Bill has passed through
Parliament. The legislative changes as they now stand will:
- Require councils to grant future tenants fixed-term tenancies
and carry out a review of the tenant's circumstances at the end of
the fixed-term
- Guarantee that existing lifetime tenants who are moved by the
council (at the councils behest) into a new council home are
granted a further lifetime tenancy
- Require councils to grant existing tenants who choose to
transfer to another council home a fixed-term tenancy except in
limited circumstances such as where they're having to move for work
or downsizing to a smaller home
- Where councils decide to terminate a tenancy at the end of the
fixed-term, they must offer advice on buying a property or other
housing options as appropriate so that tenants have sufficient time
to consider their options and plan accordingly
- Tenants will have a right to require the council to reconsider
any decision taken as a result of the review.
Fixed-term tenancies will have:
- A minimum fixed term of two years
- A maximum permitted term of ten years or longer to cover the
period that a child is in school education (up to the time the
child turns 19 years old)
Five year fixed-term tenancies will be the maximum (for
households without children of school age). However, the government
intend to issue statutory guidance to set out the circumstances in
which council landlords will be expected to grant tenancies of
different lengths, with up to ten years applicable for those with
longer term needs, such as the elderly or people with disabilities
and their carers.
The Equalities Impact Assessment suggests there is no evidence
that the proposed changes would have a substantial adverse equality
impact on any of the protected groups, but recognises that: "there
could be adverse impacts on individuals where a council landlord
decides not to renew a fixed term tenancy or where the individuals
are concerned that this may not be the case".
The Assessment makes it clear that the government anticipate
that over time: "tenants who no longer need social housing will
move out at the end of the fixed term and those who are
under-occupying their homes will be assisted to move into more
appropriately sized accommodation".