Vacant property management policy

The Vacant Property Management Policy sets out the Council's commitment to the effective management of empty homes within its housing stock. The policy aims to minimise the time properties remain vacant, ensure value for money, and make the best use of available housing by returning homes to occupation as quickly and efficiently as possible.

The purpose of this policy is to:

• Set out the principles and service standards of the vacant property management service
• Help to meet local housing need by maximising availability of social housing

The aims of the Policy are to:

• Minimise the length of time that a property is empty, the amount of rental income lost, and costs incurred 
• Ensure that properties are let in a clean and safe condition that meets the Lettable standard 
• Meet customers’ needs and maximises their satisfaction. 
• Provide a value for money service 
• Make best use of the vacant property period to meet the council’s investment requirements in line with the HRA Asset Management Strategy 2022 to 2027 
• Meet the council’s statutory, regulatory and compliance requirements

Vacant property management includes the following activities:

• Tenancy termination
• Inspections
• Viewings and offers
• Work to vacant properties
• Creating tenancies
• Management of long term vacant properties
• Management of low demand properties

This policy aims to ensure that a property is properly managed when it becomes vacant, that it is brought up to the council’s “lettable” standard before a new tenant moves in, and that the rent loss is minimised within the whole process. This policy is aligned with the council’s Homefinder Lettings Policy to ensure the most effective use of the housing stock and to meet housing need in Ashfield. 

The policy will ensure that a forward thinking and strategic approach is adopted to vacant property management by: 

• Ensuring that outgoing tenants are aware of their responsibilities prior to leaving the property in order to keep repair costs to a minimum 
• Ensuring that tenants who are found to have wilfully damaged or neglected the property (including the garden) are recharged for repairs and work 
• Reducing rent loss by minimising the length of time during which properties are being repaired 
• Ensuring properties are available as quickly as possible for people in housing need 
• Undertaking works to vacant properties which are appropriate to the customer needs  Preserving existing adaptations where possible for future tenants 
• Minimising any costs associated with tenant transfers (where possible) 
• Ensuring tenants understand their rights and responsibilities. 
• Ensuring that statutory duties are complied with  
• Ensuring that the requirements of the Regulator of Social Housing are met.

This Policy, and the way in which the council’s vacant property management service is delivered is underpinned by the Council’s Tenancy Agreement complies with the requirements of the following standards and legislation: 

• Localism Act 2011 
• The Housing Act 1985 
• Local Government (Miscellaneous Provisions) Act 1982 
• Housing Act 1996 (Part 6) 
• Gas Safety (Installation and Use) Regulations 1998 (GSIUR) as amended 2018. Approved Code of Practice and guidance 
• Health and Safety Legislation including Health and Safety at Work Act 1974 
• Housing Health and Safety Rating System (England) Regulations 2005 
• Control of Substances Hazardous to Health Regulations 2002 (COSHH)   
• Environmental Protection Act 1990  
• Building Safety Act 2022 
• Smoke and Carbon Monoxide Regulations 2015 and Smoke and Carbon Monoxide Alarm (Amendments) Regulations 2022 
• Homes (Fitness for Human Habitation) Act 2018  
• Gas Safety (Installation and Use) Regulations 2018 
• Electrical Safety, Quality and Continuity Regulations 2002/2665 
• Control of Asbestos Regulations 2012 
• Regulatory Reform (Fire Safety) Order 2005 
• Data Protection Act 2018 and 8 and the UK General Data Protection Regulation (UK GDPR)
• Equalities Act 2010 
• Disability Discrimination Act 1995 
• Social Housing (Regulation) Act 2023 
• The Hazards in Social Housing (Prescribed Requirements) (England) 
  Regulations 2025

Following best practice, the policy is aligned with the existing Regulatory Framework for Social Housing in England, and relevant themes within the Social Housing Regulation Act 2023, by:

• Minimising the time that a property is empty between lettings – taking account of the circumstances of the new tenant 
• Meeting all applicable statutory requirements that provide for the health and safety of new occupants 
• Demonstrating an appropriate balance of planned and responsive repairs, and value for money. The approach should include responsive and cyclical repairs, planned and capital work, work on empty properties, and adaptations 
• Ensuring that tenants’ homes meet the standard set out in the Government’s Decent Homes Guidance and continue to maintain their homes to at least this standard

This policy is in line with the council’s HRA Business Plan and has links with the council’s Tenancy Strategy, Repairs and Maintenance Policy, Damp and Mould Policy and Lettings Policy. It should also be considered in conjunction with the council’s other relevant policies and policy framework, referenced in section 9.

The council recognises that it provides housing for diverse communities and is committed to providing equal access to services. 

This policy supports the Council’s aim to treat all customers fairly, with respect and professionalism. In line with the duty placed on the local authority under the Equalities Act 2010, specific consideration of the impact of this policy has been given to people with protected characteristics, including gender, race, age, disability, religion, sexual orientation and marital status. The approach adopted within this policy focuses on understanding individual circumstances in order to provide appropriate advice and support; this includes understanding the needs of tenants who have protected characteristics. Consideration will therefore be given to language barriers, accessibility and cultural issues which may affect a tenant’s ability to manage their tenancy or seek advice on problems, and resolutions which take account of the individual’s beliefs and abilities.  

The council will enable all applicants to have clear information and equal access to available services and information in a range of appropriate languages and formats will be provided when requested. This policy has been designed to be fully inclusive regardless of the ethnicity, gender, sexuality, religious belief, or disability of service users or residents.

The council may ask applicants to provide details of their gender, age, religion, disability, ethnicity and sexual orientation in line with the protected characteristics identified within the Equalities Act 2010.This is to help the council to deliver more effective, appropriate and inclusive policies and practices.  All data collected is kept securely, used only for monitoring purposes and is depersonalised at the point of analysis to protect individual’s privacy.  

The completed Equality Impact Assessment is available on request. 

Full details about ending a tenancy can be found in the Tenancy Agreement, including the requirement for a tenant to provide 4 weeks written notice. Tenants who are transferring to another social tenancy (either council or another Registered Provider) may be permitted to give a reduced notice period. All decisions in this respect will need to be agreed with the council in advance.  

Where the outgoing tenant has given notice and fails to leave the property after the end of the notice period, legal action may be taken to remove them from the property.  

The council will, wherever possible, inspect properties becoming vacant, both prior to and following the termination of a tenancy.

Once written notice ending the tenancy has been received, where resources allow, a pre-termination visit will be undertaken. This visit will determine the condition of the property and highlight any repairs that the tenant will be required to undertake before leaving the property, and where applicable, explain that the council reserves the right (and ordinarily will act) to recharge the outgoing tenant for any damages to the property caused by the tenant’s wilful neglect of the property or arising out of unauthorised alterations to the property. This visit will seek to establish the reason why the tenant/s is/are leaving and identify whether any support/solutions are available to help them to remain (if applicable).  
At this stage if the tenant has undertaken their own improvements, where permission has not been obtained, the inspecting officer will assess the property for damage or rectification associated with the unauthorised improvement. If damage is observed to the property or the property is in need of rectification the outgoing tenant will be charged and/or required to rectify the damage/specification.

If the Council requires the outgoing tenant to remove the unauthorised improvement works, the outgoing tenant will be responsible for any expenses incurred in returning the property to the original state.  

A post-termination inspection will be undertaken on all vacant properties as soon as possible after the tenant leaves.  

The purpose of this inspection will be to:

• Ensure the property is empty, and to remove any items that pose a risk to the health and safety of prospective tenant(s) or contractors. 
• Ensure the property is secure and change the front and back door locks. 
• Identify any outstanding disrepair which may be the responsibility of the previous tenant. 
• Arrange for electrical appliances and installations to be checked. 
• Identify if the property requires a pre-clean or other works before the prospective tenants can view. 
• Identify works needed to comply with health and safety requirements.  
• Identify necessary repairs which are required to enable a property to be relet as soon as possible. 
• Apply a risk-based approach to determining the appropriate level of security (if required).

 Vacant properties will be categorised according to the complexity of the work required and in accordance with the Void Property Procedure. 

Where the tenant dies, the tenancy still needs to be terminated by the giving of 4 weeks written notice. A rent liability will exist for those 4 weeks. The council may however, agree to accept a shorter notice period. If the property is not cleared during this time any additional weeks’ rent will be charged to the estate until the tenancy is legally terminated and the keys returned.  

In the instances where the tenancy has been ended due to the death of the sole tenant the person who has been properly authorised to deal with the late tenant’s estate is responsible for the removal of all goods from the property. Where there is no person properly authorised to deal with the deceased tenant’s estate, then the council will commence the formal legal process to end the tenancy by the service of a Notice to Quit on the Public Trustee. Once this Notice has expired, any goods remaining in the property will be disposed of following the procedure set out in Section 41 of the Local Government (Miscellaneous Provisions) Act 1982.  

The property may still be subject to a pre and post termination visit. In the event that damage to the property has occurred owing to the wilful neglect of the deceased tenant or the carrying out of unauthorised alterations by the deceased tenant, then the council may consider pursuing the estate for the costs of making good any damages/alterations caused by the deceased tenant during the tenancy.  Costs may also be pursued for property clearance.  

The outgoing tenant is responsible for removing all personal possessions from the property by the end of the written notice period. However, there may be some instances where the tenant fails to give notice (either as a result of eviction or abandonment) and belongings are left in the property or where notice has been given but belongings are still left within the property. Once the notice period has expired and the tenant has left the property, the council accepts no responsibility for any items left within the property or the land forming part of the tenancy. In such circumstances the council reserves the right to issue a formal Notice in accordance with section 41 of the Local Government (Miscellaneous Provisions) Act 1982 advising there are personal belongings within the property and that upon expiry of the notice any belongings remaining will become the property of the council and will be dealt with in accordance with section 41.  

For details relating to the storage and removal of personal belongings which have been left in a property are contained in the Tenancy Management Policy and the Section 41 procedure. 

The Council will seek to recover from the outgoing tenant any costs incurred as a result of wilful neglect, damage, or unauthorised alterations to the property. Such costs may include those associated with returning the property to the required lettable standard.

In default of the outgoing tenant complying with his/her tenancy obligations to vacate the property and leave it in a satisfactory condition  with vacant possession and/or in default of the outgoing tenant returning all keys and fobs  the council will re-charge the outgoing tenant the cost of cleaning the property, and/or any costs in removing items left at the property and/or the cost of any replacement keys. This also applies to the garden and outbuildings.  

At the end of the tenancy, the council reserves the right to recover from the outgoing tenant any costs that have occurred during the period of the tenancy as a result of the tenant being in breach of the tenancy agreement. 
When considering former tenant recharges, the council will take into account an individual circumstances and vulnerabilities as per the Former Tenant Recharge Procedure.

The council will make reasonable efforts to contact the outgoing tenant to inform them of any issues with the property and notify them of any costs associated with rectifying these issues. The tenant will be provided the opportunity to settle the matter directly with the council thereby avoiding the need for legal proceedings and further costs. Any monies reclaimed will be done by the raising of a recharge notification sent to the outgoing tenant.  Any recharge notifications will be noted on the debtors’ system and may affect any future applications for re-housing if they are not cleared. 

The assessment, recovery, dispute and appeal process for former tenant recharges will be undertaken in accordance with the Former Tenant Recharge Procedure. 

The council aims to ensure that allocations are made giving full consideration of the customer needs, the property and any issues in the local area.  

To ensure that void rent loss is kept to a minimum, the process of selecting a new tenant for a property will begin as soon as possible after notice is received from the outgoing tenant or the council is made aware that the property will be available for re-letting. Prospective tenants will be selected in accordance with the council’s Homefinder Lettings Policy and full checks will be conducted in keeping with the Policy.  

If the prospective tenant is an existing council tenant any offer of accommodation will be subject to a satisfactory property inspection. An offer of accommodation may be withdrawn if there is damage or neglect to the property. An applicant will normally be given 24 hours from the time of the initial inspection to put right any minor issues. 

Where there is an exceptionally urgent need for rehousing, a move may be approved if there is damage or neglect if a repayment agreement has been agreed. 

Once a suitable applicant has been identified they will be invited to attend an accompanied viewing at the property. The viewing is intended to ensure that the property is suitable and meets the applicant’s needs.  

The applicant will have up to 48 hours to decide on whether to accept the offer. If they fail to confirm their interest within the time period it will be assumed they are not interested in the property and the offer will be withdrawn. 

Where window coverings or floor coverings have been left in the property and are considered to be in good condition, prospective tenants may be given the option to retain them or request their removal prior to the commencement of the tenancy. Where a tenant chooses to retain such items, they will be deemed to have accepted them in their existing condition. The Council will not be responsible for the maintenance, repair, replacement or future removal of any retained window coverings or floor coverings during the tenancy. Any subsequent removal will be the responsibility of the tenant.

Prospective tenants will be advised of the date the property is likely to be ready to let, it is important to note this date can change according to circumstances, for example if additional works are identified during the course of completing the repairs.  

As soon as all essential repairs are completed satisfactorily, the prospective tenant will be invited to sign the Tenancy Agreement. The terms of the Tenancy Agreement will be explained to ensure that the tenant(s) is fully aware of the landlord and tenant responsibilities, and the consequences if conditions are breached.  

The new tenant will also be provided with appropriate advice about:

• Paying their rent
• Applying for benefits (if required)  
• Setting up utilities
• Reporting any repairs and permission requests  
• Fire safety
• Solar panels (where applicable) 
• How to contact their Housing Officer 

All new tenants will be given the opportunity to provide feedback relating to the vacant management and allocations process by completing a New Occupier Survey. Feedback and satisfaction will be monitored and reported to further improve services.

All properties when let will meet the lettable standard, as shown in Appendix 2 and the Decent Homes Standard.  

Prospective tenants will not be given access to the property once works have begun, due to health and safety reasons.  

In some instances, minor works to the property may be undertaken after the tenant has signed up and/or moved in, specifically where the works can be completed without significant disruption for the tenant, the works will not pose a significant health and safety risk to the tenant or member of their household and the tenant agrees to the works being undertaken. External works to the property may be undertaken after the new tenancy has started.   

The council may also delay the completion of some works if the property is known to be included on a planned programme in the near future.  

Where a property requires an element of decoration, a decorating voucher will be issued to the new tenant. The voucher will contribute towards the cost of decorating materials. The tenant will be responsible for completing the decorating.

Internal decorating may be undertaken by the council in exceptional circumstances. Exceptional circumstances may include an elderly or vulnerable tenant moving into the property and/ or the property being in a particularly poor state of decoration.  

Some properties may require adaptations and these will be dependent on individual needs. For more information refer to the Major Adaptations Policy.   

All properties will be inspected and be issued with both electrical and gas safety certification ensuring that the property is compliant with the current gas and electrical regulations. All properties will have a valid Energy Performance Certificate (EPC) in place prior to the letting with a minimum rating of between A to E to mirror the council’s commitment to sustainability and compliance with minimum energy efficiency standards (MEES). 

When a property has become vacant the council will cap both the electric and gas supplies in order to reduce any health and safety risks. 

During the health and safety checks the electric and gas meters at the property will be checked. Any evidence of tampering will be recorded. Tampering with meters is a criminal offence and the council will provide tenancy details to utilities companies and the Police if there is evidence that a meter has been damaged 

The electric supply will be uncapped as part of the final works to the property before the sign up is arranged. Incoming tenants will therefore have a working supply at the point of sign up – subject to appropriate levels of payment on the meter.  

The gas supply will not be uncapped until the tenant confirms that they have moved into the property, to ensure that any risks of gas build up are minimised. The council aims to ensure that the gas is uncapped as soon as possible following the request of the customer. When the gas is uncapped the tenant will also be provided with the annual Gas Safety Certificate.  

The council will ensure the water supply/system within each property is maintained in accordance with the Legionella and Water Safety Control Management Plan.Smoke and Carbon Monoxide alarms will be installed where required and will be tested in line with the council’s Fire Management Plan and the Smoke and Carbon Monoxide Alarm Regulations 2022. 

Where a vacant property requires major works, such as a full kitchen and bathroom replacement, replacement roof or significant structural works, it will be placed ‘Out of Management’ to enable works to be completed.

There is an extended period of time to complete works, albeit all attempts will be made to complete all works as quickly as possible.

If a prospective tenant has been identified, they will have the option of waiting for the property or continue to bid for other properties.  

It is important the council makes the best use of vacant properties that contain pre-existing adaptations, such as a stairlift and level access shower.

Such properties may be advertised with restrictions, so that those applicants with specific needs for the adaptations are prioritised. 

In some instances, where a property has major adaptations, the council may choose to leave the property vacant for a longer period until a suitable tenant, who requires the adaptations, can be identified. Decisions to remove major adaptions from properties will be made by a senior manager based on all available information on the demand for the property.  

In exceptional circumstances, minor non-safety related repairs may be completed following sign-up where:

• the property meets the Lettable Standard
• the works do not present a health and safety risk
• the tenant has been informed of the outstanding works
• the target completion date has been provided

The costs of undertaking and managing the vacant property management activities of the council are accounted for within the Housing Revenue Account (HRA). As part of the financial regulations in relation to HRA, the council is obliged to ensure that there are sufficient funds available to cover the costs of repairs and maintenance to all properties. The costs of the vacant property repairs will be considered as part of the annual rent review. The annual budget for vacant property management repairs has been accounted for within the Housing Revenue Account Business Plan.  

The council will review and amend its HRA Business Plan from time to time to take into account any significant changes to the policy and/or operating environment. These amendments may impact on the funding available for the council’s vacant property management activities.  

The council actively encourages all customer feedback about its services, and uses complaints and comments to review and improve our services. 
 
A complaint is an expression of dissatisfaction however made, about the standard of service, actions or lack of action by the council, its own staff, those acting on its behalf, affecting an individual resident or group of residents.

If a customer is dissatisfied with a service that has been provided, they can make contact via:

• the Council's online complaints process
  • link: Complaints and compliments
• telephone: 01623 450000
• In person at the Council Offices

Complaints will be acknowledged and responded to in accordance with the Complaints and Compliments policy.

• link: Complaints and compliments policy

This policy should be considered in conjunction with the Homefinder Lettings Policy to ensure that the stock is managed in a way that meets local demand in a fair and equitable way.  As the main provider of affordable homes, the council is committed to reducing homelessness and meeting housing need through maximising the use and occupation of its homes and the effective turnaround of vacant properties.  

This policy should also be read in conjunction with the following:  

• Tenancy Agreement
• download: Tenant handbook
• link: Aids and adaptations policy 
• link: Tenancy policy
• link: Damp and mould control policy
• Former Tenancy Recharge Procedure
• link: Vacant property re-let standard
• Void Property Procedure
• link: Tenancy and estate management policy
• website: Homefinder lettings policy
• link: Vulnerable tenants policy

The council is committed to ensuring that its repairs and maintenance services are delivered to a high standard and provide high levels of customer satisfaction. In order to help it do this, it will monitor and manage performance through a range of methods.  

The council will measure and evaluate performance against a range of appropriate and relevant performance indicators and will benchmark itself against other social housing providers. The council may audit the quality of repair works and investigate complaints in relation to the standard of works and will actively collect and analyse tenants’ views on the repairs service provided, with feedback collected by staff acting independently of the delivery of the service. 

Performance information and benchmarking data will be reported to the council and customers through a variety of reports and forums.

The council is committed to ensuring its Vacant Property Management Services offer excellent value for money and will therefore ensure that a range of mechanisms are in place to demonstrate value.

The mechanisms used will include:

• Benchmarking against peers
• Market testing against other providers
• Reviewing internal cost and performance data

Performance in relation to the vacant property management service will be monitored through the Performance Framework. Key measures in relation to vacant property management are:

• Number of vacant properties
• Average re-let time for a standard vacant property
• Average re-let time for a non-standard vacant property
• Amount of lost rental income
• Average vacant property costs

Throughout this policy document, it is inevitable that words or phrases are used that are readily understood by some readers, but which are new to other readers and their meaning is not immediately apparent. The meanings of some words/phrases used in this document are given in this section:  

Decent Homes Standard - a standard set nationally that a Decent Home is one which meets all statutory requirements in relation to the Housing Health and Safety Rating System, is in a reasonable state of repair, has reasonably modern facilities and provides reasonable thermal comfort.

Major adaptations - refer to changes to the property or equipment provided in order to assist a disabled person to live more independently.

Equality Statement - sets out the Council's commitment to ensure everyone is treated equally.

Fair wear and tear - the law defines fair wear and tear as "reasonable use of the premises by the tenant and the ordinary operation of natural forces". 'Natural forces' relates to time and normal daily activities.

Major void - a major void is one which requires over £10,000 worth of work to be put right.

Planned improvement works - include the replacement or renewal of building elements or components due to them reaching the end of their life, for example, windows, kitchens and bathrooms.

Post-termination - refers to the period immediately after the tenant has left the property.

Pre-termination - refers to the period after the tenant has given notice to leave but has not yet left the property.

Recharges - is the cost of repairing or putting right damage or neglect to properties. The costs are charged to the tenant and reclaimed.

Sign-up - is where the new tenant(s) are asked to sign the tenancy agreement and given the keys to the property.

Statutory standards - are standards laid down by the law which must be adhered to.

Tenant improvements - is the term used for works carried out on the property by the tenant (usually with permission from the Council)

Value for money - is the overall value based on cost, efficiency and effectiveness.

Void / void property / vacant property  - is the term used to describe a property that has no legal tenant and is generally empty.

Void management / vacant property management - is the process of bringing an untenanted property up to standard to enable a new tenant to move in.