Flexible tenancy consultation outcome
Following a consultation with our tenants and a decision by the Council’s Cabinet, we ceased issuing five-year flexible tenancies from 1 April 2020. All new Council tenants are now offered a secure tenancy.
If you already have a Dacorum Borough Council flexible tenancy, we wrote to you with more information about how this affects you. The most important change is that tenants are not now asked to move at the end of a five-year flexible tenancy unless there is a separate reason that we are seeking possession of their home.
Frequently asked questions
Some of the most frequently-asked questions about flexible tenancies and the change from five-year flexible tenancies to secure tenancies are answered below:-
What is a flexible tenancy?
All our tenants (excepted those in Supported Housing) who signed up for a new tenancy between 1 April 2013 and 31 March 2020 will currently have a flexible tenancy, because this was the type of tenancy being offered between those dates. The terms of the tenancy are very similar to that of a secure tenancy, but we would review your situation every five years and some tenants would be asked to move if their circumstances had changed. Both flexible and secure tenants can complete a mutual exchange, have the Right to Buy the home and carry out alterations with our permission.
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I have a flexible tenancy, when will I get a secure tenancy?
Your flexible tenancy will continue to the end of the five-year period when it will automatically 'roll over' into a secure tenancy.
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Will my income be checked at the end of my flexible tenancy?
No. Your eligibility for housing was assessed when we offered you your first tenancy, and once your tenancy becomes a secure tenancy we no longer assess your housing need - so long as you abide by the tenancy conditions, the tenancy is yours for as long as you need it.
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I have a flexible tenancy now, what happens if I transfer or mutually exchange?
If you move to another Dacorum Borough Council property after 1 April 2020, the offer will be of a secure tenancy.
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I have had my review and was told my flexible tenancy will not be renewed. What happens now?
If your tenancy was due to end by 31 March 2020 then you will still have to downsize or vacate your property as the conditions of the flexible tenancy are still valid. However, if your flexible tenancy is due to expire on or after 1 April 2020 then we will not be asking you to move.
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Can I still downsize if I want to?
Yes. If you have a housing need to move to a smaller or larger property you can register for a transfer and points will be awarded according to the Allocations Policy.
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Will I still get a visit from my Tenancy Officer?
Yes. The intention is to visit all our tenants at least once every five years. This will be called a Tenancy Health Check, and we will look at how you are conducting your tenancy and will be able to offer you advice on moving or other tenancy-related matters.
This is in addition to any other visit we may make to you - for example, Right to Buy visits, Mutual Exchange visits, general audit visits or anti-social behaviour-related visits. Tenants in sheltered properties already have regular visits, so this will not apply to them.
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Do I have to have a Tenancy Health Check visit?
Yes. This will be a mandatory visit and will form part of the secure tenancy agreement.
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Will my tenancy be continuous?
Yes. It will roll over at anniversary into a secure tenancy with no break.
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If I want to buy my home in the future, will all my years as a tenant be taken into account?
Yes. From the date you originally signed your first flexible tenancy agreement.
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Will I have the same rights as a secure tenant?
You will retain the rights of a flexible tenant until your tenancy becomes secure, but we will not be requesting that you move if your flexible tenancy expires after 1 April 2020. This is the main difference between a secure and flexible tenancy.
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Will I need to sign a new tenancy agreement?
All flexible tenants will need to sign a new agreement and this will be arranged once a new secure tenancy agreement is finalised, but likely to be no earlier than spring 2021. We will contact you nearer the time to make arrangements to do this.
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Will the secure tenancy I receive be the same as Dacorum Borough Council's current secure tenants?
Yes. Once we have updated the new tenancy agreement and rolled it out across the borough, all our council tenants will have the same tenancy.
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I am an Introductory Tenant, will I get a secure tenancy after I finish my introductory period?
Providing you have conducted your introductory period satisfactorily then the tenancy will continue into a flexible tenancy on the anniversary as per your original agreement. We will be inviting you to sign a new secure agreement when we visit you to carry out your nine-month review.
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If I have a joint tenancy and the joint tenant no longer lives with me, will I be able to have a sole tenancy when my flexible tenancy ends?
We always recommend that joint tenants who experience a relationship breakdown seek their own independent legal advice, because we are unable to remove a joint tenant from the tenancy without you obtaining a Property Transfer Order through the court. Please contact your Housing Officer or email housing@dacorum.gov.uk for more advice if you are in this situation.
Page Last Updated: Monday, 12 September 2022 at 02:12 PM