Moving tenants - Decant Policy

Ashfield District Council (ADC) as a landlord is obliged under the terms of its tenancy agreement to keep the structure and outside of its tenanted properties, including communal areas in good repair.

Improvement works including major repairs will normally be carried out whilst the tenant remains in their home. There may be situations, such as those when the health and safety of the tenant would be at risk or the works are extensive, when works cannot be carried out with the tenant at the property. Where this is the case, ADC will arrange to move the tenant and their household. This process is referred to as decanting and this will be done on either a temporary or permanent basis, depending on the nature of the works.

The purpose of this policy is to set out the approach that ADC will take when moving tenants from their home to enable work to be carried out.

The aims of this policy are to:

• Ensure decants operate in fair, equitable and reasonable manner.
• Provide tenants with a clear process for decant and rehousing, to ensure their options are clearly explained and that they are aware of their rights and responsibilities and those of ADC.
• Enable decants to be carried out with the minimal disturbance to tenants.
• Outline the support, both financial and practical, provided to tenants who are required to decant.
• Minimise rent loss to ADC and to ensure that the best use is made of ADC’s resources.
• Ensure statutory compliance with relevant legislation, including the requirement for tenants to be compensated when home loss applies.
• Ensure that protected characteristics and vulnerabilities are considered.

ADC will offer assistance and rehousing, where appropriate, to existing ADC tenants, their family members, partners, spouses and children.

ADC will not normally rehouse unauthorised occupants, sub-tenants, lodgers and others who do not reside with the tenant on a long term (minimum 12 months) basis.

The key legislation that relates to decants is as follows:

• Housing Act 1985

If a decant is necessary, ADC has a legal obligation under Section 105 of the Housing Act 1985 to consult with tenants when they are substantially affected. Consultation must be at a time when proposals are still at an early stage and ADC will consult with all affected persons. 

ADC retains the legal right under Ground 10 or 10A of Part II of Schedule 2 of the Housing Act 1985 to commence possession proceedings as a last resort to obtain possession of a property in order to carry out major works or refurbishments. This action will only be taken once all other alternatives have been explored and reasonable offers of rehousing rejected. Possession would only be granted by a Court with the provision of suitable alternative accommodation, as defined by Part V of Schedule 2 of the Housing Act 1985. 

• Housing Act 1988

Schedule 2, Part III of the Housing Act 1988 provides a definition of suitable alternative accommodation. This should provide the tenant with equivalent security of tenure and be similar in regards to rent, size and situation.

• Land Compensation Act 1973

Section 30 of the Land Compensation Act 1973 sets out the provisions for the statutory Home Loss Payments to be made to compensate tenants for having to permanently move out of their home, subject to certain eligibility criteria. This mandatory lump sum payment is reviewed annually and confirmed in the Home Loss Payments (Prescribed Amounts) England Regulations. 

Section 37 of the  Land Compensation Act 1973 also sets out guidance relating to the payment of Disturbance Allowances aimed at compensating tenants for the actual cost of moving from their home. 

In respect of all decants (except out of hours emergencies), a Decant Form will be completed. Where the decant is due to property condition, including fire and flood, it will normally be signed off by a Senior Manager from within the Operations (Repairs) Team. If the move is because of a housing management related reason, it will be completed by the Housing Management Team and authorised by a Senior Manager.

The Decant Form will capture findings from the property inspection, works that are required, the reasons why a decant is considered necessary and any anticipated timescale for completing the works (A health and safety risk assessment will be conducted to ensure resident’s safety and well-being).

When considering whether a decant is necessary for major planned works, at least one of the following will be applicable:

• One or more of the following services cannot be restored at the end of the normal working day – water supply, toilet facilities, electricity
• Works involve use of hazardous substances or those controlled by Control of Substances Hazardous to Health (two or more rooms affected)
• Works will involve tenants losing significant proportion of habitable living space and works cannot be sequenced to avoid this
• Work needed means that the property is likely to be insecure during all or part of the works
• Work needed is likely to pose a health and safety risk to the tenants or members of their family.

Tenants or members of their household have medical needs or conditions which suggest that the works could have a detrimental impact on their wellbeing. This should be supported by medical evidence where possible.

Any request for a decant will need to be authorised by an appropriate Senior Manager and then passed to the Assistant Director – Strategic Housing or Housing Options Service Manager for progressing. Where health and safety risks are identified, ADC will act quickly to start the decant process.

Decants will generally fall into one of the following categories:

• Emergency (Temporary)
• Planned (Temporary)
• Planned (Permanent)

A temporary decant is when a resident is moved out of their home to enable work or redevelopment of the property to be carried out with the intention of returning them to it at the earliest opportunity.

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

Emergency Decant

An emergency decant is usually required when an unexpected event has caused the property to be uninhabitable such as a fire or flood and arrangements need to be made quickly to provide alternative accommodation. In these situations, ADC will assist the tenant in finding alternative accommodation. This may include but is not limited to:

• Encouraging them to stay with friends or family
• Sourcing bed and breakfast / hotel type accommodation (board only)
• Sourcing alternative ADC accommodation
• Sourcing private rental accommodation

In any emergency the priority will be to secure alternative accommodation for the tenant affected. Once this has been resolved, a full assessment of the work required at the property and the future housing requirements of the tenant will be conducted.

Cases will be reviewed on an individual basis, to ensure appropriate steps have been taken to address the tenant’s needs and that suitable alternative accommodation has been found. Whilst ADC will consider factors such as schools, place of employment etc, there can be no guarantee that the emergency accommodation provided will meet all requirements. Similarly, ADC will do as much as possible to meet the needs of disabled tenants and those in need of an adapted home but compromise may be required on the grounds of urgency.

Rent and service charges on the permanent tenanted home needs to continue to be paid as ADC is still providing accommodation. If the tenant does not pay the rent and service charges, ADC may take tenancy action on the grounds of non-payment of rent. Rent will not be due on the decant property whilst there is an intention for the tenant to return to their tenanted home.

Similarly, the tenant will continue to be liable for other charges, such as water, gas, electricity, broadband, etc, at their permanent tenanted home. ADC will cover reasonable additional costs in the decant property.

Depending on the level of disturbance, ADC will arrange for furniture and possessions in the tenanted home to be stored. If items can be left, ADC will move them as required to unaffected rooms. ADC will be responsible for any damage caused to furniture and possessions left in the tenanted home.

An inventory of all possessions remaining at the property must be completed and signed by both the tenant and an ADC representative prior to the commencement of works. This inventory will serve as a record of the condition and quantity of items.

In exceptional circumstances, such as when repairs are likely to take a longer time to complete than anticipated and the property is an appropriate accommodation match, consideration may be given to allowing the tenant to remain in the decant property on a permanent basis. This would be a voluntary arrangement, at the request of the tenant and with the approval of the appropriate ADC Executive Director.

Planned (Temporary) Decant

It may be necessary to move tenants temporarily whilst works are being carried out. Examples of works include:

• Extensive works to multiple rooms
• Severe flood damage
• Repairs to structurally unsafe property or unable to live in the property safely whilst works are being carried out.

Where planned repair work is required that cannot be carried out with the tenant in situ, but does not require them to leave immediately, temporary alternative accommodation will be arranged prior to the work being undertaken. In determining the type of accommodation to be used, consideration will be given to the likely time to complete the repair, the availability of suitable accommodation and the relative cost of each option.

Consideration will be given to the tenant’s needs and factors such as such as schools, places of employment etc will be taken into account. Whilst ADC will be better placed to meet needs compared to an emergency decant, ADC cannot guarantee that the accommodation provided will meet all requirements.

Options that will be considered for temporary accommodation will include:

• Encouraging them to stay with friends or family
• Sourcing bed and breakfast / hotel type accommodation (board only)
• Sourcing alternative ADC accommodation
• Sourcing private rental accommodation

The move will only last as long as it takes to complete the repair works back to a habitable standard.

Where required, ADC will assist in respect of the relocation, including helping to move essential items and making minor adaptations to make the decant property suitable, such as installing grab rails or a temporary ramp.

Rent and service charges on the permanent tenanted home needs to continue to be paid as ADC is still providing accommodation. If the tenant does not pay the rent and service charges, ADC may take tenancy action on the grounds of non-payment of rent. Rent will not be due on the decant property whilst there is an intention for the tenant to return to their tenanted home.

Similarly, the tenant will continue to be liable for other charges, such as water, gas, electricity, broadband, etc, at their permanent tenanted home. ADC will cover reasonable additional costs in the decant property.

Depending on the level of disturbance, ADC will arrange for furniture and possessions in the tenanted home to be stored. If items can be left, ADC will move them as required to unaffected rooms. ADC will be responsible for any damage caused to furniture and possessions left in the tenanted home.

An inventory of all possessions remaining at the property must be completed and signed by both the tenant and an ADC representative prior to the commencement of works. This inventory will serve as a record of the condition and quantity of items.

In exceptional circumstances, such as when repairs are likely to take a longer time to complete than anticipated and the property is an appropriate accommodation match, consideration may be given to allowing the tenant to remain in the decant property on a permanent basis. This would be a voluntary arrangement, at the request of the tenant and with the approval of appropriate ADC Director

Permanent Decant

A permanent decant may be necessary where it is planned to dispose of, demolish, remodel or redevelop the property. In these circumstances, ADC will carry out consultation and work closely with affected tenants and residents at all stages to support them through the process and help find suitable alternative accommodation.

For these decants, the following principles apply:

• Tenants will be given urgent priority through the lettings process
• Existing tenants will normally be offered a new tenancy on a like for like basis. If the tenant is under occupying their current home, consideration will be given to offering them a property suitable for their needs. ADC will match tenants to void properties that become available and will make up to two offers of suitable alternative accommodation
• If the decant is for the purpose of enabling a new housing development on the site, ADC will discuss with the tenant the option of being rehoused in the new scheme, if the planned accommodation is suitable for their needs
• ADC will provide a package of support tailored to meet each households needs.

Where ADC has already started possession proceedings against a tenant, prior to the decant, legal action to end the tenancy will be considered.

The tenant will be responsible for maintaining rent and service charge payments on their permanent tenanted property until the move is finalised and the tenant formally terminates their tenancy, when they will become responsible for rent and service charge payments on their new home.

Where required, ADC will assist in respect of the relocation, including helping to move essential items and making minor adaptations to make the decant property suitable, such as installing grab rails or a temporary ramp.

Other costs/assistance are as outlined in the Financial Support Section.

ADC will use their best endeavours to find alternative accommodation that is suitable for the tenant. In view of the limited number of ADC properties, it may not be able to find a property that meets all the tenant’s requirements.

Tenants have the right to refuse offers of accommodation. However, after two reasonable offers of accommodation have been made, ADC will make a final offer and this will be the first available property that meets the household’s bedroom and disability needs and is as close to their areas of preference as possible.

Where a tenant refuses to move or has refused the offers of other suitable alternative accommodation and other options are not feasible, ADC has the legal right to seek possession of the property for decanting purposes.

Liaison with tenants affected will take place at the earliest opportunity, to explain the the reason for the decant, the expected duration, the decant process, including the support and options available and when they can return to their permanent residence.

ADC will identify a dedicated officer who will be the tenant’s single point of contact in relation to the decant and who will be responsible for making sure that the moves go as smoothly as possible. This could be from Lettings, Repairs or the Housing Management Department, depending on the nature and length of the decant. This may include an out of hours contact that will have access to the resident’s records and has the authority to act on urgent or immediate issues.

The officer will discuss the level of practical support required and will agree an action/support plan following an assessment, considering any protected characteristics and vulnerabilities. This is to ensure all needs are met where reasonably possible. Support could include the following:

• General advice regarding ADC services, including housing allocations and benefit claims
• General advice and assistance on how to move home
• Assistance to view the property offered to them
• Assistance to move furniture and possessions
• Clearance of unwanted items
• Additional support for vulnerable residents including signposting to external agencies/organisations
• Money Management Advice

During the decant period the officer will keep in contact with the tenant, on a weekly basis as a minimum, to advise them of progress with the work and confirm that there are no issues with their current home.

ADC will take receipt of the house keys from the tenant and will coordinate all repairs, arranging access to the property and ensuring its security. ADC will also keep clear and accurate records of contact notes, calls or meetings (on the Capita CRM system so that all departments are aware of contact and agreed actions) with the resident concerning the decant and any queries which arise about the process.

Where a tenant has chosen to stay with friends and family, the officer will reassess the circumstances regularly, particularly if there has been a delay or expected completion of works will take longer than expected.

How much can be planned and agreed in advance of a move will depend on whether it is an emergency or planned move.

Wherever possible, tenants will not incur any additional expense if they are decanted to alternative accommodation on a temporary or permanent basis.

Some of the costs ADC will pay are listed below. This is not an exhaustive list and costs will be considered on a case by case basis.

ADC does need to ensure value for money and where appropriate will ask for copies of quotations or receipts before making payments.

• Transport costs
  • The cost of attending the tenanted property as requested by ADC officers and additional costs associated with using public transport for work and school.
• Removal and storage costs
  • ADC will normally arrange the removal or storage with a company directly and will, where required, arrange for boxes to be provided to help with packing. Where the tenant wishes to make these arrangements themselves and a request is made to reimburse costs, ADC will pay reasonable costs upon receipt of the invoice.
• Food and subsistence
  • Where required, ADC will pay food and other subsistence costs. The amount will depend on individual circumstances, such as household size and the decant arrangements and will be agreed with the tenant.
• Deposits
  • ADC will provide any necessary deposit, if required, for any temporary accommodation ADC have agreed to until permanent accommodation is available. However, the tenant will incur the cost if the deposit is not returned in full due to a fault of their own.
• Disconnection and reconnection of washing machines and other plumbing
  • Where applicable ADC will arrange for the disconnection and reconnection cost of a washing machine and other plumbing e.g. dishwasher.
• Telephone, Satellite/Cable TV and internet connections
  • ADC will reimburse any costs for reconnections at the decant property.
• Disconnection and reconnection of cooker
  • Where required, ADC will arrange for this to be done by their contractors or will cover the cost of disconnection and reconnection work carried out by a registered Gas Safe fitter.
  • Where the decant is from a property with a gas supply to a property with an electric-only supply or vice versa, ADC will provide a new cooker up to an agreed maximum value.
• Redirection of mail
  • If the tenant arranges re-direction of mail, ADC will reimburse the cost for all household members for up to 6 months.
• New school uniforms
  • Where decanting results in the need for a child to change schools, ADC will assist with the cost of one new uniform per child where the school requires a uniform to be worn. ADC will require confirmation from the school of the uniform requirements.
• Replacement of security locks and alarms
  • ADC will remove and refit security locks and alarms or reimburse any costs incurred if the tenant has to employ a contractor. Installations must be by an approved locksmith and compliant with current building regulations.
• Rehoming for pets
  • In the event of a tenant being unable to take a pet to their new home due to restrictions placed on the property, ADC will reimburse reasonable rehoming costs. Only households that have requested permission to keep a pet as per ADC’s tenancy agreement and are keeping the pet in line with the tenant obligations will be eligible.
• Adaptations within the home
  • ADC will cover the cost of the removal and refitting of adaptations approved by an
    Occupational Therapist (OT) and undertaken by an approved contractor.
• Carpets and floor coverings
  • Where possible, households are expected to reuse the floor covering in their homes. ADC will arrange for the uplift and refitting of carpets, underlay and/or laminate flooring. If this is not possible or partially not possible, ADC will arrange for a replacement floor covering to be fitted in the decant property.
• Curtains and window covering
  • Households are expected to re-use their current window covering and make any alterations to the length and width. ADC will arrange for curtain rails to be removed, altered and refitted.
  • Where this is not possible, ADC will cover reasonable costs of replacement window coverings, up to a maximum value per window.
• Light fittings
  • Existing light fittings will be transferred and refitted. Where additional fittings are required in the new home ADC will only cover the cost of basic lampshades.
• Compensation for improvements
  • Any improvements the tenant has made to the property, such as a new bathroom, will be compensated for if the tenant had received ADC’s prior written permission and the improvement will not be able to remain in situ for a temporary decant. This will be in line with the Right to Compensation for Tenants Improvements Scheme and criteria.
• Decorating costs
  • Where there is evidence of disrepair e.g. damp, filling holes or covering uneven surfaces ADC will redecorate the affected area. If ADC is not able to redecorate ADC will cover any reasonable costs to do the work.
• Loss of wages
  • ADC will reimburse the tenant for loss of wages or income where time off is unavoidable due to displacement. ADC will require written confirmation from the tenant’s employer/and or proof of any loss of wages/income where the tenant is self-employed.
• Home contents insurance
  • ADC will consider meeting any reasonable additional home insurance costs that the tenant is subject to and is associated with a decant.
  • Payment will not be made where items are covered by a tenant’s own home contents insurance and ADC will only consider covering the costs for the time a tenant is in the decant property.
  • However, ADC may not make discretionary payments where the need for a ‘decant’ has arisen due to wilful or negligent actions of the tenant or a member of their household, such as where they have caused a fire or failed to deal appropriately with a pest or rodent infestation. 
• Home Loss Payments
  • Where ADC requires a tenant to move permanently due to demolition, improvement (which includes alteration or enlargement) or redevelopment (which includes a change of use), the tenant may be entitled to claim a statutory Home Loss Payment, to compensate them for the personal upset and distress of losing their home. Home Loss Payments are not available for temporary decants, nor decants arising as a result of an intended sale of the property.

Section 30 of the Land Compensation Act 1973 sets out the provisions for the statutory Home Loss Payments to be made to compensate tenants for having to permanently move out of their home, subject to certain eligibility criteria. This mandatory lump sum payment is reviewed annually and confirmed in the Home Loss Payments (Prescribed Amounts) England Regulations (The Home Loss Payments (Prescribed Amounts) (England) Regulations 2023)

To qualify for the Home Loss Payment the recipient must:

• be the tenant (but see below regarding spouses and civil partners)
• have occupied the property as their sole or main home for a minimum of 12 months at the date of displacement (irrespective of whether they were the tenant throughout e.g. where they are a successor); and
• be moving as a result of the proposed works.

A spouse or civil partner of a tenant may claim a Home Loss Payment if it can be shown that there is a matrimonial home right. The spouse/civil partner who remains in occupation is treated as occupying by virtue of his or her spouse’s interest under the tenancy. A spouse who has moved out of the property will not be able to claim as he or she will not be able to satisfy the occupation condition.

Tenants who have not occupied their property for 12 months will not be eligible for a Home Loss Payment.

Tenants who have been given formal notice of the need to be permanently decanted and take their own steps to find new accommodation, rather than waiting for the formal decant offer, will remain eligible for a Home Loss Payment. This includes those tenants who transfer or move into the market rented, shared ownership or private sale sectors.

More than one person cannot be entitled to a Home Loss Payment. In these circumstances the payment is shared equally between those entitled, meaning that there will only be one Home Loss Payment per household.

If a household has to move to temporary accommodation before moving into new permanent accommodation, the household will still receive one Home Loss Payment unless all the conditions for the payment are again met.

Where a tenant is decanted temporarily but requests to remain permanently in the decant property, they are not entitled to the statutory Home Loss Payment, although disturbance costs will have been met as part of the decant process.

If tenants are evicted prior to being decanted, they will not receive a Home Loss Payment.

While the tenant is decanted, they will pay the rent and service charges due for their permanent home. If the tenant receives benefits, this will be paid at their permanent home. The tenant will not pay rent and service charges on the decant property.

If a temporary decant occurs at the time of an annual rent review, the rent on the permanent home will still be reviewed and changed and the relevant rent change notices served.

Unless the decant is needed for health and safety reasons or a prolonged delay might result in a deterioration to the condition of the property, the tenant will be expected to clear any rent arrears on their rent account prior to being decanted.

If the decant cannot be delayed for health and safety reasons, an arrangement will be made for the tenant to repay the arrears as part of the decant process. If there is already a repayment arrangement in place, this will continue.

For permanent decants, the tenant will continue to pay rent until their tenancy ends at their permanent home.

If the tenant has arrears of rent or service charges, or other debt owed to ADC, these will be deducted from any Home Loss Payments due, with the repayment of any remaining arrears being subject to a former tenant arrears agreement.

During the decant period, tenants are to continue to pay their normal council tax charge for their permanent home. Tenants are not liable for council tax in their temporary home.

Tenants will be expected to continue to pay all utilities and bills for their permanent home. Tenants not liable for any bills in their temporary decant accommodation.

If ADC uses the power supply, for example electricity for de-humidifiers following a flood, the tenant will be compensated for the additional power used. A comparison of bills will be required for this purpose.

Before a tenant returns to the former property, a thorough full property inspection and health and safety check will be completed to ensure the property is fit for habitation. Any snagging issues will be communicated to the tenant, along with a plan of action and timelines for resolution.

When ADC makes the original home available, the tenant will be expected to return unless it has otherwise been agreed for them to remain.

If there is no agreement and the tenant refuses to vacate, ADC may take legal action to enforce a return to the original accommodation. This action will be taken under Ground 8 of Schedule 2 of the 1985 Housing Act which states that:

“The dwelling-house was made available for occupation by the tenant (or a predecessor in title of his) while works were carried out on the dwelling-house which he previously occupied as his only or principal home and –

1. The tenant (or predecessor) was a secure tenant of the other dwelling-house at the time when he ceased to occupy it as his home,
2. The tenant (or predecessor) accepted the tenancy of the dwelling-house of which possession is sought on the understanding that he would give up occupation when, on completion of the works, the other dwelling-house was again available for occupation by him under a secure tenancy; and
3. The works have been completed and the other dwelling-house is so available.

The tenant will retain security of tenure of their permanent home. In respect of the temporary decant property, the tenant may be asked to sign a licence to occupy agreement regarding their stay and will be afforded most of the same rights as they hold in their permanent home.

The Assistant Director – Strategic Housing is responsible for monitoring the implementation of this policy.

The policy will be reviewed every 3 years in consultation with tenant representatives, staff and other stakeholders unless there are any reasons, such as legislative changes, requiring that it be reviewed earlier.