A secure tenancy type offered by councils or Registered Providers which is granted for a fixed term.
The flexible tenancies that we offer are for a fixed term of up to five years and will be issued to most new tenants, however some tenants will continue to be granted a secure council tenancy. The exceptions of where we will still grant secure tenancies is outlined in our Tenancy Policy.
Review of your Flexible Tenancy
We will review your flexible tenancy approximately 10 months before the end of the five year term. The purpose of the review is to determine your current and future housing needs.
One of the following outcomes will be decided upon at the end of your flexible tenancy period:
- To grant a further flexible tenancy for five years in your current home.
- To grant a further flexible tenancy for five years BUT require you to move to an alternative property which is more suitable for your housing needs. In this case we will support you in making an application for re-housing to accommodation that meets your housing need. You will be granted a high priority for re-housing in this situation.
- To end your tenancy without offering you another council tenancy. We will provide housing options advice only in order that you may secure alternative accommodation in the private sector, or purchase your own home - including shared ownership.
In exceptional cases where it is not possible to re-house you by the end of your flexible tenancy, the council will permit you to remain in your current property for up to 2 years to help enable suitable alternative accommodation to be found.
To carry out the review we will contact you, usually in writing, as we will need to get up to date information about you and your household. This will include:
- Who now lives in your home, including children and any other adults, so we can see if the size of the property meets your needs. If any of your children are aged 18 or over, they will need to show that this is their principal home by being on the electoral register or other similar proof.
- Whether the property has any special features or adaptations which your household needs, for example disabled adaptations.
- We will need to check your financial circumstances as you may now be in a position to find accommodation privately, or even buy your own home. We will need to see documentary proof of income, e.g. pay slips, etc. and proof of savings.
- We will also check any breaches of tenancy where we have taken or are considering taking formal legal action.
We will write to you to confirm the council's decision and this will be sent to you as soon as possible after the review. We must send this notice to you no later than six months before your tenancy is due to end to comply with the law.
If we decide to ask you to move or end your tenancy completely we will send a further notice, a Section 21 notice, and this will be two months before the end of the tenancy term.
Offering a new tenancy
We will not make a formal offer of a new tenancy until approximately one month before the end of your current tenancy. We are required by law to carry out Right-to-Rent checks in the last 28 days of your tenancy. We cannot make any offers until this is completed.
If you don't agree with the decision we make
If you do not agree with the decision we make, you can appeal, asking for a review of the decision. The request for a review must be requested at least 21 days before the end of the tenancy. Please provide as much information as possible about why you are asking for a review.
You will be asked to complete a 'Review Form' and return it completed within 14 days of receiving the form, setting out the reasons for requesting the review. You may make your own written representation or can ask someone else to do it on your behalf. You will be asked to provide the name and address of the person who is requesting the review on your behalf.
Your Neighbourhood Housing Officer will refer the case to their line manager (the Reviewing Officer) within 24 hours of being informed that you wish to seek a review. In the absence of the line manager the matter will be referred to the Head of Housing Operations.
The Reviewing Officer will normally complete their review within 56 days from when you first requested the review. When the review has been completed the Reviewing Officer will send you a conclusion letter, setting out the outcome of the review and the reason/s why the review is/is not resulting in a change to the original decision.
There are no further stages to the review process and where you disagree with the outcome of the review we advise you to seek independent legal advice if you wish to pursue the matter further.