Decant policy

Scope

This Policy sets out Welwyn Hatfield Borough Council (WHBC) approach should a tenant or leaseholder be required to vacate a property either temporarily or permanently.
 
It provides guidance on our obligations in these areas to ensure decants are managed efficiently and equitably, in accordance with relevant legislation, and with the least possible disturbance to affected customers. 

Effective Date:

March 2025

Review Date:

March 2027

Author:

Assistant Director (Homes & Neighbourhood)

Policy Owned by:

Neighbourhoods Service Manager

Statute:

Land Compensation Act 1973 
Planning and Compensation Act 1991 
Housing Act 1985 
Housing Act 1996 
Town and Country Planning Act 1990 
Human Rights Act 1998 
Homelessness Act 2002 
Homelessness Reduction Act 2017 
Housing Act 2004 
Housing and Regeneration Act 2008 
Home Loss Payments (Prescribed Amounts) (England) Regulations 2019; these are revised annually. 
General Data Protection Regulation 2016 and Data Protection Act 2018 
Regulator of Social Housing

National Standards and Guidance

Best Value Standards and Intervention
Regulator of Social Housing Safety and Quality Standard
Regulator of Social Housing Tenancy Standard
Regulator of Social Housing Transparency, Influence and Accountability Standard

Related Policies

Aids & Adaptation Policy 
Complaints policy 
Repairs and maintenance Policy
Tenancy policy
Vulnerable person and reasonable adjustments policy

Introduction

This Policy details the approach Welwyn Hatfield Borough Council (WHBC) takes should a tenant or leaseholder be required to vacate a property either temporarily or permanently. It provides guidance on our obligations in these areas to ensure decants are managed efficiently and equitably, in accordance with relevant legislation, and with the least possible disturbance to affected customers.

The Policy also covers temporary decants where tenants will need to temporarily decant from their properties because of necessary works. See Section 15. This policy does not apply to commercial or industrial property, whether the action is due to planned work or an emergency situation.

Leaseholders should refer to their lease and building insurance if a temporary decant is necessary. It will be for insurers to consider the need for alternative accommodation and offer advice and guidance under the relevant buildings insurance cover. WHBC will revert back to the terms of the Lease to clarify our obligations.

Where a residential leaseholder has, with the WHBC’s consent, granted a sub-lease to a third party, the residential leaseholder will be responsible for the sub-lessee.

This policy does not apply to unauthorised occupants or lodgers or households who are occupying temporary accommodation provided by WHBC.

This policy does not cover general compensation claims and if a resident wishes to make a claim for compensation against WHBC they should refer to WHBC’s compensation redress policy or WHBC insurance team.

Objective

1.1 This Policy recognises the considerable impact that moving home can have on people’s lives; we aim to ensure that decants are carried out sensitively, recognising the significant impact a home move can have on people’s lives. We aim to ensure that all decants are, wherever possible, achieved with the agreement of affected customers.

1.2 WHBC is committed to providing safe and satisfactory homes; all repairs are carried out in the most effective way that minimises the disruption to residents.

Scope

The Decant Policy applies to situations where it is necessary and unavoidable to move customers temporarily or permanently from their property in the following situations:

A temporary decant is when a resident is moved out to enable work or redevelopment of the property to be carried out with the intention of returning them to it as soon as possible.

Examples of temporary move:

  • Serious housing management issues
  • Major repairs 

A permanent decant is when a resident is moved out of their home and there is no intention to return them to it.

In unplanned events for example a fire, flood, storm damage or major leak that results in a WHBC tenant having to be moved straight away because the property is unsafe or uninhabitable, emergency temporary accommodation will be arranged until the situation can be fully assessed and/or fully resolved.

The following options may be considered and will depend on the availability and suitability of accommodation and the relative costs. Whilst we will seek to provide temporary accommodation as near to a tenant’s home as possible, this may not always be feasible and sometimes accommodations may be located outside the local area.

Examples of permanent move:

  • Demolition
  • Redevelopment
  • Sale of the property
  • Serious housing management issues

The type of accommodation considered will depend on the situation, i.e. whether it is planned or unplanned.

Options include:

  • Tenant staying with family or friends
  • WHBC’s temporary accommodation
  • Guest rooms in WHBC’s sheltered housing schemes
  • Bed and breakfast or hotel accommodation
  • WHBC’s own housing stock (depending on availability)
  • Temporary accommodation made available for this purpose by a partner agency or private sector landlord
  • Accommodation sought from a neighbouring local authority

The daily rate for subsistence payments is set out in Appendix A. No additional payments will be made except those in the decant policy.

Where subsistence payments do not cover a situation, for example, if the family or friends are not in the local area but within the neighbouring local authority, the Service Manager for Neighbourhoods will consider whether to reimburse for the additional travel costs. The maximum that will be paid will be based on the costs of public transportation or car mileage and will be paid upon the production of receipts.

WHBC must ensure that public funds are used effectively; in deciding, the Service Manager will consider whether the offer of temporary accommodation is more cost-effective.

The sum for subsistence is payable per night and is intended to cover food and drink while works are carried out to their rented home or alternative accommodation is secured. The payments are not meant to cover full costs, as some of these costs would still have to be met if the tenant lived at home.

If payments are made in arrears, WHBC will not pay any interest accrued.

The tenants can choose to stay with family or a friend for the duration of the work. While away from the property, the tenant retains rent and council tax responsibility. During a temporary decant, tenants will continue to pay rent, services charges and Council Tax to WHBC for their permanent home.

If the situation occurs outside of office hours, and the tenant cannot go to family or friends, we will arrange emergency temporary accommodation until a full assessment can be made on the next working day.

Subsistence and Temporary Accommodation Summary

  • Subsistence Rate: Set out in Appendix A; no extra payments unless covered by the decant policy.
  • Additional Travel Costs: If staying with family/friends outside the local area, the Service Manager may approve reimbursement for public transport or mileage, with receipts.
  • Cost-Effectiveness: WHBC will consider if temporary accommodation is more economical before approving extra costs.
  • Purpose of Subsistence: Paid per night to cover food and drink during works; not intended to cover all living costs.
  • Payment Terms: No interest will be paid on arrears.
  • Tenant Responsibilities: Rent, service charges, and Council Tax remain payable during temporary decant, even if staying with family/friends.
  • Out-of-Hours Support: Emergency accommodation will be arranged if needed, with a full assessment the next working day