What happens when the term of the flexible tenancy has elapsed?
10.1 There are three possible outcomes at the end of the tenancy term:
- The tenant will be allowed to stay in their home – where this is the case they will be granted a new flexible tenancy Or
- The tenant will be asked to move to a smaller home – where this is the case, they will be offered a flexible tenancy at a new property Or
- The tenant will be asked to move out of their home and find alternative accommodation via low cost home ownership, intermediate/market rent properties from a social landlord, or private rented properties.
10.2 During the last year of a flexible tenancy, the sequence of events is:
Nine months before the end of the term
We will advise tenants in writing that we are going to review the tenant’s household circumstances to identify whether or not their home still meets their needs, we will work with the tenant to identify the best possible housing solution for the tenant and their household.
No later than six months before the end of the term
We will advise tenants in writing of our decision in ALL cases no matter what the decision we will serve a Notice. This is the six-month notice.
No later than 10 weeks before the end of the term for those tenants who are required to move to smaller accommodation OR where the decision is to end the tenancy.
We will write to the tenant, giving formal notice that the tenancy will end and the date that the fixed term will end. This is the two-month notice.
At the end of the tenancy term, where the decision is to end the tenancy
We will begin court proceedings to regain possession of the property. We will have to apply to the court to end the tenancy. We can only start this process when the five year term ends. The court can only refuse to give possession back to us where we have not followed the correct procedure regarding the service of the six-month notice and the two-month notice as set out above, or where the court is of the view that our decision is not lawful.
10.3 Two year flexible tenancies
Where the tenant is required to move to smaller accommodation but has been unable to find a suitable new home, the council may offer a further flexible tenancy for a term of two years at the same property during which time the tenant would be expected to move. This tenancy will be subject to a review in the last year of the term following this policy. At the end of the two year term, if the tenant has not moved to suitable alternative accommodation, the tenancy will be ended.