Sustaining Tenancies Guidance May 2013 Martyn Burn, Head of Support & Care
At the end of this session you will…. Understand the aims of the ‘Sustaining tenancies guidance’ Understand the definition of vulnerability Understand how to apply the guidance to your role
Background Sustaining tenancy guidance replaces ‘preventing eviction protocol’ Retains ‘spirit’ of protocol / partnership working Sets out what is considered to be good practice Rewritten in conjunction with Legal – aimed to reduce frivolous challenges when enforcing the tenancy agreement We must still follow the guidance at the start of the tenancy and during the tenancy The Courts expect social landlords to work in partnership with social care providers & other relevant organisations
Aims of the guidance A guide to preventing homelessness: What to do before a tenancy starts to identify whether someone is vulnerable What to do during a tenancy to deal with any problems which arise due to a tenant being vulnerable Overall aim – to reduce likelihood of tenancies failing Some may still be evicted for non payment of rent and ASB
Partners to the guidance Newcastle City Council expects all social landlords in the City to support the principles of the guidance Your Homes Newcastle Adult & Culture Services Children’s Services (Children’s Social Care, Initial Response Service) Youth Offending Team Northumbria Probation Service Voluntary Sector
What to do before a tenancy starts to identify whether someone is vulnerable At the housing application / verification / offer stage, ask yourself……..? Do they receive support from another agency, such as a Social Worker or Probation Officer? Have they been identified as needing support to manage a tenancy Are they vulnerable for another reason?
Definition of vulnerability Homeless in last 2 years (unless re-housed) Have support worker or social worker Have a CPN or mental health support Have a YOT worker or Probation Officer Leaving supported accommodation All under 18 year olds Subject to MAPPA / MARAC Leaving hospital, prison, care, refugee Learning disability, physical disability, sensory impairment Anyone housed under priority for urgent/immediate need Families including children if concerned about well being
What should I do? Place vulnerability flag on IT / house file Contact support worker, obtain details of support plan / arrange to meet If no support, but meets definition – make referral to ASW Advice & Support Worker Assess support needs Prepare support plan (if required) Meet / discuss with tenant needs with HSO Housing Service Officer
What should I do? Young Peoples Services Inform the Housing Service officer you are supporting the tenant Engage with the HSO to discuss support plan Other support Worker Encourage tenant to include your details on housing application Inform the Housing Service officer you are supporting the tenant Engage with the HSO to discuss support plan
What to do during a tenancy to deal with any problems which arise? If support already in place – HSO contact ‘Support Worker’ to discuss / review plan – what changes can stop the problem/tenancy failing? Calling a meeting may help? If no previous support – does tenant meet criteria for vulnerability? If yes – HSO make referral to the ASW ASW – assess needs / develop support plan to help prevent tenancy from failing – arrange to meet and discuss
What if the support is in place but tenancy is breached again? If things do not improve, do not review support plan endlessly If absolute possession / eviction is being considered the HSO (rent arrears) HASBET Officer (ASB) should always contact the support agency Always consider direct payments / benefit checks for rent arrears – ASW can help here Proceed to end tenancy where all reasonable action has been taken to support tenant, but situation has not improved HSO complete impending eviction pro-forma
Remember, the guidance does not apply…… If support cannot be secured, the guidance is not applicable Where reasonable steps have been taken to follow the guidance, however the tenancy agreement has been breached / situation hasn’t improved Where ASB is serious and having an adverse impact on others (case will be with HASBET)
Questions?