Tenancy and estate management policy

The policy outlines Ashfield District Council’s approach and responsibilities to Tenancy and Estate Management for its Council owned housing stock and estates, along with the responsibilities of our tenants. The Council believes that everyone should be able to live in a well maintained, safe and clean environment which they can be proud of.

Tenancy and Estate management is a vital part of the Council’s role of delivering and promoting safe, secure, sustainable, and desirable communities and goes beyond looking after buildings and physical environment. It is also about good quality services, provision of advice and support to tenants, tackling anti-social behaviour, ensuring a safe environment, managing our properties and tenancies, and working in partnership with stakeholders to enhance the local neighbourhood, along with the economic prospects of the residents. This document excludes Anti-Social Behaviour as the Council has a separate Anti-Social Behaviour Policy.

Our aims and objectives are broadly as follows:

• Ensure that tenants are meeting their tenancy conditions and to enforce them when they are not.
• Ensure that customers are aware that we can provide support and advice about how they can comply with their obligations, to maximise tenancy sustainment.
• To take appropriate action where tenancy conditions are not being met and which impacts on neighbourhoods.
• Ensure tenants and their households can live in a secure, clean, and safe environment.
• Maintain, in conjunction with our customers, clean, safe, and secure external and internal communal areas in our neighbourhoods.
• Ensure that the Council delivers tenancy and estate management services within the context of the Regulator of Social Housing’s Regulatory Standards.
• Encourage tenants to participate in the delivery and development of tenancy and estate management services.
• To work with our partners and contractors in delivering services to the agreed standards through monitoring and audit to ensure value for money for tenants.
• To effectively work in partnership with other key agencies to provide services that will benefit all members of the community and improve the future social, environmental, and economic prospects for our tenants in compliance with the neighbourhood and community standard.
• Ensure that our tenants are not directly or indirectly discriminated against because of our approach to Tenancy and Estate Management.

Customers can report any issues of concern in relation to their neighbourhood via the following methods:

• Our website at www.ashfield.gov.uk
• Tenant portal – details available upon request
• By email to: tenancy@ashfield.gov.uk
• By telephone: on 01623 450000
• In writing to:

Ashfield District Council
Council Offices
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG18 8DA

• In person at the address given or with a member of staff conducting their duties on the district

This policy applies to all Council tenancies and estates where the Council has a responsibility (either exclusively or in part) for the condition of the neighbourhood. The policy also applies to any communal areas associated with the Council’s housing stock.

The policy outlines the Council’s responsibilities and our approach to neighbourhood management. It also covers the commitment to a partnership approach to area inspections, involving tenants where possible.

The policy is to be read in conjunction with the Council’s Tenancy Agreement and leasehold agreements, which further define these responsibilities.

The Transparency, Influence and Accountability Standard issued by the Regulator of Social Housing, requires all social housing landlords to provide tenants with accessible information which sets out ‘what they can expect from their landlord and hold them to account’. This includes landlords undertaking periodic in person contact with their tenants and ensuring mechanisms are in place for tenants to influence and shape standards for neighbourhoods and service delivery. The standard also sets out that policies relating to neighbourhood management must be fair, reasonable, accessible, and transparent. Where relevant, policies should also set out decision-making criteria and appeals processes.

Social housing landlords are also expected to provide responsive neighbourhood management services within the regulatory regime.

Ashfield District Council has a housing stock of around 6500 properties, across the Ashfield District. Most of the stock are houses with the remainder consisting of bungalows and flats.

The Tenancy and estate management policy complies with the following legislation:

• Social Housing (Regulation) Act 2023 including the Consumer Standards
• Homes (Fitness for Human Habitation) Act 2018
• Data Protection Act 2018
• Anti-Social Behaviour, Crime and Policing Act 2014
• Care Act 2014
• Prevention of Social Housing Fraud 2013
• Localism Act 2011
• Equality Act 2010
• Housing and Regeneration Act 2008
• Mental Capacity Act 2005
• Human Rights Act 1998
• Dangerous Dogs Act 1991 (amended 1997)
• Housing Act 1985 and Housing Act 1996
• Environmental Protection Act 1990
• Right to Buy Housing Act 1985
• Local Government (Miscellaneous Provisions) Act 1982

This policy is linked to several policies, procedures and documents including: 

• Tenancy Policy
• Tenants Handbook 
• CCTV Policy
• Complaints Policy
• Mobility Scooter Policy
• Rechargeable Works Policy 
• Responsive Repairs Policy 
• Goodwill Hedge and Tree Policy 
• Anti-Social Behaviour Policy
• Domestic Abuse Policy
• Hate Crime Policy
• Pest Control and Management Policy
• Safeguarding Policy
• Fire Safety Policy
• Vulnerable Tenants Policy  
• Decant Policy 
• Tenancy Agreement 

The Council regularly conducts inspections of the neighbourhoods and communal areas to ensure they are clean, tidy, and safe places to live, that our services standards are being met and services are being delivered to agreed specifications by our contractors and partners. 

These inspections (where applicable) will also include a range of checks for health and safety reasons including but not limited to:

• fire alarm testing
• emergency lighting
• asbestos management
• passenger lift safety 
• Legionella testing (water hygiene)
• management of internal communal and external areas
• abandoned property including fire/evacuation hazards.

Housing Officers may undertake scheduled inspections with tenants and partner agencies in some areas, on occasion, to proactively identify and action neighbourhood issues such as graffiti, fly tipping, dog fouling and nuisance parking. Housing Officers will note any issues and ensure these are followed up. This will include contacting tenants to remind them of their responsibilities under the tenancy agreement, referring issues with non-council owned properties to the relevant internal department and contacting other agencies and organisations, where issues lie outside the responsibility of the Council.

The planned estate inspection schedules will be posted on the Council’s website and on social media annually, sent to relevant internal departments, shared with elected members and Nottinghamshire Police. This will encourage tenants, colleagues, and partner agencies to attend and be able to feedback on any issues to their designated Housing Officer.

The Council owns and manages flats contained within blocks and sheltered housing courts. These types of accommodation have shared common parts which are maintained by the Council.

Any potentially dangerous or hazardous materials i.e., bodily fluids or discarded needles must be reported to the Council, as soon as reasonably possible, so that removal can be arranged by suitability trained individuals and the area made safe.

Communal entrance doors should not be jammed/propped open or interfered with in any way as this is a safety and security risk for the residents. Where there is evidence that a tenant has wilfully caused damage to a communal entranceway, the repair is considered a rechargeable repair and will be dealt with under the Rechargeable Repairs Policy.

The Council has a Fire Safety Policy and Procedure which sets down clear and consistent guidelines for managing the storage of belongings in communal areas. This also sets out the Council’s approach to fire safety including undertaking fire risk assessments, maintaining fire safety equipment (where applicable), and ensuring tenants are fire aware. In line with the provisions of the (Regulatory Reform [Fire Safety] Order 2005), no items will be left in communal area that could prevent access to or from a property in the event of an emergency.

The Council will remove items from communal areas, giving notice to tenants where possible. In line with the Fire Safety (England) Regulations 2022, the Council provides appropriate fire safety information and instructions to residents of our sheltered schemes and general needs blocks of flats. This information is displayed within the actual premises, is sent to tenants on an annual basis and is also provided to new tenants upon sign-up.

In buildings where there are shared internal communal areas and where tenants pay a service charge, the Council will be responsible for the cleaning of these areas.

In-house teams and contractors will conduct communal cleaning, to a standard specification that details what tasks are required and at an agreed frequency to keep the areas in a clean state.

Cleaning contractors are supervised by the Repairs and Maintenance team. We may also use tenants/leaseholders and Council employees to provide feedback to the Repairs and Maintenance team about cleaning standards.

Further information regarding service charges, can be found online:

• link: Service charges

In some buildings, we provide a window cleaning service for the communal windows that is paid for through a service charge paid for by tenants. The frequency of this may vary by area.

Cleaning contractors are supervised by the Assets Team. We may also use tenants/leaseholders and Council employees to provide feedback to the Assets Team about cleaning standards.

Communal bin stores are for the sole use of our tenants/leaseholders (and authorised occupants of leasehold properties) and must be used in accordance with the guidelines prescribed by the Council. The Council will ensure that the communal bin store areas are clean and maintained.

Where there is an issue with the bin store area, tenants can inform their Housing Officer who will then inform the relevant section of the issue. Where the bin area has been subject to fly tipping or inconsiderate use the Housing Officer will ensure the offending items are removed. At the same time, the Housing Officer will make enquiries, and where the individual is identified, will work the relevant team to take appropriate action against them.

Where non tenants are causing the problem through fly-tipping, the Council will thoroughly investigate, working in partnership with the Environment Team to identify and prosecute the perpetrator(s); making sure the full cost of this service is recovered.

The responsibility for the timely emptying of the refuse bins is the responsibility of the Council’s Environment Team and does not fall under the remit of a landlord function.

If a door fob to a communal entrance door has been misplaced or lost, any additional fobs requested will be charged for and must be paid for in advance before being supplied. The exception to this is, those tenants that may be in this position, due to their vulnerabilities, which can also apply to lost property keys. The Council will assess their circumstances on a case by case basis and may not be charged for the lock change.

Tenants are responsible for replacing lost property keys.

The Council will ensure that work is undertaken on a routine basis to ensure that communal grounds on housing estates (including sheltered housing schemes) are maintained to a good standard. Grounds maintenance will take place between April and September, weather permitting with the inclusion of strimming, shrub pruning, weed control, litter picking and footpath clearance.

Tenants are responsible for maintaining any external space allocated to them or within the curtilage of their home such as gardens.

The Tenancy Agreement sets out that the tenant is responsible for the garden that is allocated with the property. Gardens are to be maintained to a reasonable standard which is outlined at the point of sign up.

The Council is responsible for the demarcation of gardens allocated to tenants. Those allocated flats where a garden does not form part of the tenancy are required not to self-demarcate, by erecting a fence to create a boundary. The Council will remove all such structures to return the land to be communal.

Officers will monitor the condition of gardens as part of inspection visits and whilst conducting their normal duties on the district. If Officers or contractors become aware of an unkempt garden, hoarding or concerns around property condition, they will report this to the Housing Management Team.

The Council will act in the best interest of the tenant and neighbourhood and will use the Untidy Garden Procedure to protect and manage its estates.

In extreme circumstances, any failure to maintain garden areas may be seen as a breach of the tenancy agreement and the tenancy may be at risk.

Where the garden is unkept and overgrown the Council will expect the resident to pay for any costs associated with clearance. The exception to this would be those tenants that may be in this position, due to their vulnerabilities. Requests are assessed on a case-by-case basis and where eligible, the Council will facilitate support and assistance from agencies or charities.

In cases where tenants are unable to maintain their garden due to age, disability, or poor health, help and assistance will be given to find appropriate gardening services. However, this does not alter the fact that maintenance of the garden is the tenant’s responsibility.

Tenants will be responsible for the payment of any gardening services.

Trees and hedges which are located within the Council’s communal areas (external shared areas) will be maintained in line with the Council’s Tree and Hedge Management Procedure and are inspected on a regular basis, to manage the risk to tenants and members of the public.

Trees that are positioned within the boundary of a tenant’s garden are the responsibility of the tenant to maintain and keep to a manageable size; however, we encourage tenants to contact us if they have trouble maintaining a tree that poses a health and safety concern.

Tenants who have hedges that denote boundaries with a neighbouring property are required to trim their half of the hedge.

Support in the form of the Goodwill Scheme may be provided in exceptional circumstances, subject to tenant’s meeting the assessment criteria as set out in the Council’s Tree and Hedge Management Procedure/Policy. This service can only be accessed once per year and is subject to budget availability.

The Council will investigate and where possible, seek to resolve disputes in relation to boundaries such as fencing and walls, by offering guidance, mediation and signposting as appropriate. The Council will clarify with boundary maps the demarcation of property.

The Council will be responsible for the repair and maintenance of any fence and/or wall that has been erected on or on behalf of the Council. Responsibility for the repair, maintenance and replacement of any fence and/or wall that has been erected by the tenant following permission granted by the Council to do so (or if accepted as a non-standard former tenant improvement at the time of the tenancy commencing) will be that of the tenant(s).

On some estates, garages and garage plots may be available for rent. Additional charges will apply, and garage terms and conditions will apply. Garages should be used in accordance with the conditions of the licence agreement and should not be sub-let or used inappropriately.

The Council will manage garages on housing land in such a manner as to maximise income whilst ensuring an efficient and effective service for garage tenants.

Regular inspections will take place to ensure these areas are maintained to a sufficient standard, preventing a hazard to health.

The Council are responsible for the repair and maintenance of the garages owned by them and will consider the cost implications associated with such repairs before progressing any works. However, tenants are expected to report garage repairs to the Council for assessment and possible Council repair.

Vehicle repairs should not be carried out on garage sites, where this is likely to result in nuisance or annoyance to neighbours or pollution to the locality.

Offensive, racially abusive or obscene graffiti will be removed from Council property or land under Council control within 24 working hours of it being identified/reported to us, subject to contractor.

Non-offensive graffiti will be removed within 28 calendar days.

Damage to Council property or land caused by acts of vandalism will be repaired as quickly as possible. If tenants are reporting damage to their home, they may be asked to report the matter to the Police and provide a crime reference number before a full repair is made, following the issue being made safe.

We will take a positive approach to working with other agencies to discourage acts of vandalism and encourage that all incidents are reported to Police. In relation to racially abusive graffiti where the perpetrator is known, this will be considered a hate crime and addressed through the Hate Crime policy. This includes taking necessary steps to identify and act against those responsible. Appropriate enforcement action will be taken against all known perpetrators of vandalism to property, and where possible the Council will recover the costs of any work necessary to make good the damage.

Where we receive reports or identify issues with needles, syringes, or other sharp hazardous materials in communal areas we will arrange removal by a specialist team or contractor within 24 working hours. We encourage tenants to report this to us as soon as possible and avoid removing the item themselves to prevent risk of harm, and so they can be disposed of appropriately.

Tenants should ensure that their bins are put out for their bin collection day and taken back in on the day of collection and that rubbish is disposed of in the appropriate manner using the facilities provided.

Any issues over the collection of waste should be reported to the Council’s Environment Team immediately.

Arrangements for the removal of bulky items and any associated costs are the responsibility of the tenant.

Where we identify problems through proactive neighbourhood walkabouts or receive reports about rubbish disposal, fly tipping or bulk waste, we will take steps to investigate the matter and where necessary pursue perpetrators.

The Council will act to remove litter from housing land as soon as possible, to ensure that our estates provide a high-quality living environment.

Tenants should refrain from dropping litter and take any rubbish home or use the public bins in the estate or neighbourhood. Where the perpetrator is identified they will be issued with a fixed penalty notice (FPN).

Where a person is witnessed by a Council officer committing an offence, the Council will issue an FPN. This also applies to dog fouling, and both incidences are covered under the Councils Anti-Social Behaviour Policy.

As a landlord the Council does not provide dedicated parking for all properties. We will advise tenants if there is any parking attached to their tenancy.

In some instances, the only parking available is on the public highway.

Where there is dedicated parking within the boundary of the property, the car or other vehicles must be parked on a properly constructed and appropriately sized hard-standing, driveway, paved parking area or in a garage. Tenants must have a dropped kerb to allow them to drive across the public highway.

Tenants wishing to build a garage, or have a parking space, drive or dropped kerb installed must only do so with written permission from the Council.

All vehicles parking within the Council’s car parks must have a current valid road tax and be roadworthy.

Caravans, motor homes and trailers should not be parked in Council owned car parks.

As landlord the Council cannot resolve local parking issues through the Tenancy Agreement, however dangerous or illegal parking may be reported to the Highways Department or the Police.

Tenants are reminded of the need to park with consideration in line with highway restrictions and ensure there is safe access to the street for emergency vehicles to access the area. Tenants must not park on grassed areas in or around properties managed by the Council.

Vehicle repairs should not be undertaken at the property or on resident car park areas as this is likely to result in nuisance or annoyance to neighbours, pollution to the locality or damage to the interior or exterior of the property. The undertaking of repairs for which you are being paid is strictly prohibited.

Tenants must not keep any vehicle, for example motorbikes, road scooters, quadbikes or any similar fuel powered motorised devices, inside the property or inside any communal areas within a block of flats.

We will work with relevant agencies and partners to identify the owner and remove untaxed/abandoned motor vehicles on Council land. If the registered owner refuses to remove the vehicle, the Council will do so, and the owner will be recharged for any costs incurred. This is referenced in the Councils Anti-Social Behaviour Policy.

The Council recognises that the use of electric mobility scooters can have a significant impact on an individual’s ability to maintain an independent life. The increase in the number of mobility scooters has presented several specific issues in relation to storage and charging of scooters in communal areas and/or properties and potential damage caused by inappropriate use of scooters in properties. The Council recognises the need to support tenants to maintaining their independence but will not allow this to impact on the safety or security of other tenants.

The Council aims to ensure that it supports the individual needs of those tenants who use a mobility scooter to maintain independence whilst at the same time, adhering to the requirements of Nottinghamshire Fire and Rescue Service and other relevant legislation and guidance, particularly those associated with the risk to buildings and tenants, by continuing to maintain high standards in health and safety.

If a tenant experiences permanent mobility issues, appropriate support will be offered, including signposting/referring to appropriate agencies and assisting with options to move to more suitable housing options.

All tenants must obtain written permission from the Council before they, or a member of their household, acquires a mobility scooter. The Council will respond to mobility scooter requests within 28 calendar days of receiving the form.

Permission will be subject to the property type. Storage and charging of mobility scooters within the communal areas of buildings is not permitted, unless this is in a designated area specifically provided for this purpose.

Prospective tenants who already have a mobility scooter will be advised of the Mobility Scooter policy before signing for a tenancy. They will not automatically be given permission to keep a mobility scooter and will be subject to the same assessment criteria as existing tenants.

A copy of the Council’s Mobility Scooter Policy, which sets out the approach, is available upon request.

We will ensure that lifts are maintained and inspected regularly to ensure safe and efficient travel, in line with our legal requirements.

Customers who would struggle to use the stairs in the event of a lift being out of service or in an emergency should notify the Council immediately and any new tenancy should declare this on start of tenancy.

Tenants must not attempt to use lifts in the event of a fire, or the lift being marked as out of service.

If a tenant has any concerns about the operation of the lifts within a block of flats managed by the Council, they should report this to us as soon as reasonably possible.

Secure tenants have the right to undertake improvements to the property, subject to permission from the Council.

Introductory tenants are only able to carry out limited improvements or alterations.

Tenants must have written permission from the Council prior to undertaking any alterations or additions to their home. This includes (but is not limited to) satellite dishes, aerials, and external decorations.

In all cases, tenant improvements must comply with the following conditions:

• All works shall be carried out without cost to the Council.
• All work must be carried out in accordance with the manufacturer’s specification by a competent or qualified tradesperson.
• All works must comply with the relevant Building and Planning Regulations.
• When ending the tenancy, the tenant must remove any of the improvements and return the property to its original condition. The exception is where the Council grants permission for the improvements to remain.
• If the improvement directly or indirectly causes damage to the property which is not corrected the tenant is liable for all costs incurred by the Council in rectifying the damage.

All requests will be dealt with within 28 calendar days of receipt.

The Council will carry out improvement works to its properties, and this will be done on a scheduled basis.

The Council will undertake a stock condition survey on each of the properties within our housing stock at least once every 5 years. The information obtained through this survey, along with other information held by the Council, will be used to determine our major works programmes.

When improvement works are going to be undertaken at our properties, the Council will give the tenant advance notice by writing to them explaining what works are to be carried out, how they will be carried out, and when they are due to start and end.

In some circumstances, tenants may need to move from a property whilst alterations or major repairs works are carried out. In such cases the Council will find suitable temporary or permanent accommodation whilst the work is being carried out.

Decanting of tenants  will be in line with the Council’s Decant Policy.

Repairs which are not considered fair, wear and tear, caused through mistreatment by a tenant, household member, visitor or pets will be categorised as a recharge and remain the responsibility of the tenant. In exceptional circumstances the Council will take into consideration vulnerabilities that the tenant may be experiencing such as victim of domestic abuse. This is considered on a case-by-case basis.

The tenant can opt for the Council’s Repairs and Maintenance Team to carry out the repair, however, payment for this must be made in advance before the works commence. Alternatively, the repair can be carried out by an approved qualified tradesperson of the tenant’s choosing, in which case a post inspection will be undertaken by the Council.

Council Officers will never enter any tenanted property by any means without the tenant’s knowledge or permission, or without a court order.The exception is in cases of genuine emergency, for example in situations of fire and flood, insecure properties and/or where partner agencies believe that there is a serious and imminent risk to life or welfare.

In case of an emergency, it may not be possible to provide reasonable notice to access the property to prevent damage or harm to people and property. In cases where access must be gained in an emergency and the tenant or nominated other person is able to be contacted, the property will be left secure and the tenant left with information on how to regain access to their property, or other suitable accommodation if their home has or will become uninhabitable.

Details of access requirements are set out in the Tenancy Agreement.

The Council will undertake regular inspections which will include the exterior and interior of Council properties. The frequency of the checks will be at the discretion of the Council.

There may be occasions where the Council will visit unannounced. Where this is not convenient to the tenant, the tenant retains the right to request a future visit to be made at a time suitable for both the tenant and the Council.

Where the Council needs to gain access to the property, the tenant will be given prior notice with a minimum of 24 hours unless this is to carry out necessary emergency work.

A new tenancy visit will normally be undertaken within 6 weeks of a tenant signing for a tenancy. The visit will be undertaken by the Officer for the local area. The purpose of this visit is to introduce the tenant to their Housing Officer and to ensure that the tenant is settling in the property, and to identify any issues that may impact on the tenant sustaining their tenancy. A further visit may be completed within the first 7 months of the tenancy as part of the review of the Introductory Tenancy.

Pre-transfer visits will be undertaken prior to a tenant being allowed to transfer to a new property through the Council’s housing waiting list. At this visit, an inspection will take place to determine the condition of the property. If the property fails the property inspection (as it does not meet the expected standard to transfer), the tenant will be given a short period of time to bring the property up to a required standard. Transfers will not be approved unless an inspection has taken place. In exceptional circumstances the Council will take into consideration vulnerabilities that the tenant may be experiencing such as a disability which is the reason for moving. This is considered on a case-by-case basis.

Pre-termination inspections may be undertaken prior to a tenant ending their tenancy. This inspection will determine the condition of the property and highlight any repairs which are required to be undertaken before the tenant leaves the property or before the property can be re-let. If these works identified as the tenant’s responsibility are not completed as requested and specified, the tenant may be charged for any outstanding works. If the tenant fails to pay for these works, they will be pursued for the costs. This may affect future housing applications if the charges are not paid.

Other visits will also be undertaken as and when required. These include:

• Inspections
• Surveys
• To carry out repairs, major works, servicing and safety inspections
• Gas and electrical checks
• To check compliance with the tenancy conditions

It is a requirement of the tenancy that the tenant provides access to the property. Repeated failure to allow access will be deemed as a serious breach of tenancy and legal action may be taken to access or gain possession of the property.

Where the property is in a poor condition, tenants will be asked to bring their property to an acceptable standard as set out by the Council. Support may be offered by the Council to assist the tenant in making improvements with the condition of their home or we may signpost/refer to external agencies, where this is more appropriate.

Failure to bring the property up to an acceptable standard will result in enforcement action being taken and places the tenant’s home at risk.

The Tenancy Agreement terms and conditions states tenants are required to obtain the

Council’s written permission if they want to keep a pet. The only exception is where you live in a house or bungalow, and you keep the following without the Council’s permission:

• One domestic dog; and/or
• One domestic cat; and/or
• One domestic caged bird; and/or
• Fish; and/or
• Two small, caged pets for example gerbil, hamster, or rabbit

Retrospective permission to keep a pet will not be given, as it is clearly stated within the Tenancy Agreement that written permission needs to be obtained first, and conversations are held with the customer prior to sign up.

Tenants are not permitted to keep livestock or any animal which has been classed as dangerous under the Dangerous Wild Animals Act 1976, the Dangerous Dogs Act 1991 at any property owned by the Council (Consideration will be given to existing dogs where the government allows persons to keep these with a certificate of exemption and other conditions).

Tenants will not be given permission to use the property for the purposes of breeding or selling animals, operating a pet setting or a grooming service.

Pets must be always kept under proper control, in a safe and hygienic manner that must not cause a nuisance, annoyance or harm to anyone in the community.

Pets should not cause damage to any parts of the property owned by the Council.

Fouling or mess created by a pet(s) must be cleared up immediately and in a hygienic manner.

Tenants’ who own a dog which strays and is then collected by the dog warden are responsible for the payment to reclaim the animal.

If there is an alleged breach of tenancy, the Housing Officer will contact the pet owner asking that the breach be remedied. Where the Council is satisfied that pets are causing a nuisance to neighbours or damaging the property, the Council has the right to withdraw at any time permission implied by the tenancy agreement or expressly given. Permission can be withdrawn for any reason, and the Council may enforce its decision by taking appropriate legal action or by instructing the tenant (s) to rehome the pet.

Where staff or contractors visit the property, tenants are expected to secure their pets in another room of the property.

Where a dog is abandoned in a property, the Council does not have a duty to care for the dog as it does not meet the definition of a stray. The tenant must make arrangements for rehoming the dog via a charity e.g. RSPCA or via family members.

If a dog is abandoned and the RSPCA and/or a family member do not take the dog(s) in, and the Council must make arrangements to kennel the dog(s), the Council will seek to recover costs incurred.

Infestation or pests in a tenant’s home and garden are the responsibility of the tenant and treatment should be arranged and paid for by the tenant as per the Tenancy Agreement.

Tenants reporting infestations including rats, mice, bees, wasps, ants, squirrels etc should be advised to contact the Council’s pest control service who will be able to advise about the appropriate services and cost to tackle the infestation.

The Council will treat infestations or pests found in communal areas e.g., in blocks of flats to prevent the spread of the infestation to neighbouring properties.

In all cases of pest infestation, the Council will seal any access routes into the structure of the property, for example which may be allowing rodent infestations.

In some instances, infestations can be caused because of the actions of the tenant.

Tenants must ensure their property is kept free from pests and vermin and not do anything which will encourage their presence including feeding wild pigeons, squirrels etc or failing to dispose of household waste. Enforcement action may be taken if this is the reason for the infestation.

A copy of the Council’s Pest Control and Management Policy is available upon request.

Where tenants wish to use CCTV or other surveillance equipment e.g., ring doorbells, they must apply for permission prior to installing. If images are captured within the boundary of the property including the garden, then the data protection laws will not apply.

If their system captures images of people outside the boundary of the property, then the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 will apply.

A copy of the Council’s CCTV Policy is available upon request.

Once the Council becomes aware of any hoarding, it will make every effort to work with the tenant, however, this cannot take precedence over the Council’s Health and Safety responsibilities.

Support will be offered to tenants, but if they choose not to engage with the Council or any external agencies, then legal action will be sought to bring the matter to its rightful conclusion.

Tenants wishing to run a business from their home will require permission from the Council.

Whilst permission will not be unreasonably refused, an application may be rejected if it is deemed that the business is likely to cause a nuisance to neighbours or the local community.

Examples of businesses which may be unreasonable include those businesses which may lead to a significant level of noise and any business requiring a significant number of visitors to the property or business which requires work to be undertaken or stock to be stored outside.

If permission is granted to run a business, then the tenant must have the necessary insurance, legal permissions e.g. planning permission and an appropriate level of public liability insurance.

The Council does not provide home contents insurance; however, it does expect tenants to take out appropriate home contents insurance to protect their belongings in the event of a fire, flood, theft, accidental damage, or natural disaster etc.

It is a requirement within the tenancy conditions that the property is occupied as the main home and nowhere else. We recognise that tenants may not be at home for a period of time, for a variety of reasons.

The Tenancy Agreement states that tenants must notify the Council if they intend to be away from home for a period of longer than 28 days, because of holiday, admission into hospital, custodial sentence, or employment. Tenants are advised to leave a key to the property with a relative or another trusted person and provide the Council with the contact details to ensure that access can be gained to the property in an event of an emergency.

Where we believe that the tenant (s) may have abandoned the property, we will take enforcement action in line with legislative requirements and follow our procedures to regain possession of the property.

We will ensure that all appropriate checks have been made to establish, as far as reasonable that the property has been abandoned, before issuing a Notice to Quit and making an application to the Court to recover possession of the property.

The Council will act in accordance with legislation and within the General Data Protection Regulations in relation to the handling and disposal of possessions and information which is sensitive and/or personal data remaining in a property at the end of a tenancy.

We will periodically undertake a program of tenancy audits to verify the identify, circumstances and details of tenants. This will also enable our records to be kept up to date.

Tenancy audits may be carried out by Officers in person.

The Council will take the appropriate action against any tenant found to be committing a tenancy fraud and will always consider taking legal action against this activity.

The Council is committed to utilising the full range of tools and powers at its disposal and working with partner agencies wherever possible to deal robustly and proportionately with all forms of nuisance and Anti-Social Behaviour (ASB).

Each individual complaint of ASB will be handled in accordance with the ASB Policy and relevant procedures, ensuring that risk and vulnerability is continuously and dynamically assessed throughout the management of the case. The Vulnerable Tenants Policy is used for guidance throughout the assessment. Where enforcement becomes necessary, this will always follow a consistent approach and proportionate process of escalation with all parties to the case treated with dignity and respect and with due regard in line with the duty placed by Equality Act.

Introductory tenants do not have the Right to Buy their home.

Secure tenants do have a Right to Buy, and this right is governed by the Government legislation in operation at that time.

In general tenants are not able to buy sheltered flats, bungalows or properties that have been specifically adapted to suit the requirements of the existing disabled tenant, as this is provision particularly suitable for older people or the disabled tenant and is therefore exempt from Right to Buy provision.

Tenants do not qualify to buy their home if they have a court order against them, such as for rent arrears or other breaches of tenancy. To find out more about who is eligible to buy their Council home and the Right to Buy process visit the Council’s website.

We are open and transparent and will communicate effectively with our tenants with the right information in the way that meets their needs. We will actively consult and involve tenants in services that have an impact on their homes and estates. The Council takes into consideration a range of vulnerabilities that tenants may be experiencing, as defined in the Vulnerable Tenants Policy to ensure that consultation is accessible to all.

We work with our tenants to agree the standards of the services provided and assist in the Council in monitoring compliance There are a range of mechanisms used to engage with tenants such as estate inspections, surveys and complaints which are all published on our website. The Council has established a formal mechanism for involvement in shaping and influencing service delivery called the Tenants Gateway. This group is fully representative of the whole District. We also publish the results of our estate inspections.

We have consulted with our tenants in the development and review of this policy.

The Council welcomes tenants to express their views on services. Tenants who make a complaint will not be subject to any detriment or receive less favourable services. We welcome feedback from tenants and will seek to fully resolve any complaints about the service provided as they a valuable source of information to help us improve how we deliver services.

When tenants are dissatisfied with the service, they have received they can make a complaint to the Council and are encouraged to discuss this with relevant service area, in the first instance. Complaints can be submitted in the following ways:

• By completing our online form at www.ashfield.gov.uk
• By emailing us at info@ashfield.gov.uk
• By telephoning us on 01623 450000
• By writing to us at:

Ashfield District Council
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA

• In person at our Council offices (at the address given)
• In person to a Council Officer conducting Council business on the district

Due to the nature and volume of contact received via the Council’s social media channels it is not always possible to review and action all comments/posts, therefore, the Council will not accept complaints received via social media.

If a tenant wants to make a complaint about our services, it is extremely helpful if they can explain what they are concerned about and how they would like it resolved, as this may mean we can rectify the issue for them in a much quicker timescale and to their satisfaction.

Further information regarding the Council’s Complaints and Compliments Policy can be found online:

• link: Complaints and compliments policy

Complainants can seek advice from the relevant Ombudsman (Housing or Local Government) at any stage of the complaints process. Both Ombudsman services are independent of all government bodies, they can provide complainants with advice, information, and support around making a complaint / the complaints process of the council and can also independently investigate their complaint.

They will usually only consider investigating a complaint after it has been through our complaints procedure as they expect complainants to bring their concerns to our attention first and give us a chance to put things right, but complainants can contact them at any time to seek advice on the complaint process or if they are unhappy with how we are handling the complaint.

Their details are for the Housing Ombudsman Service (complaints from tenants and leaseholders about services provided by their landlord):

• address:
  Housing Ombudsman Service
  PO Box 1484
  Unit D
  Preston
  PR2 0ET
• telephone - 0300 111 3000
• email: info@housingombudsman.org.uk
• website: Housing Ombudsman

The Council recognises that it provides housing for communities which include wide social diversity and is committed to providing equal access to services. Discrimination and harassment of any kind is not tolerated.

This policy aims 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.

From time to time the Council may ask tenants 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 to help the Council to deliver more effective, appropriate, and inclusive policies and practices. All data collected is used only for monitoring purposes and kept securely.

An equality impact assessment has been undertaken when developing the policy with consideration applied to the areas described above. The completed equality impact assessment can be provided upon request.

Tenancy and Estate Management processes are reviewed and monitored on a regular basis.

We will monitor customer satisfaction of service delivery through periodic surveys and by analysing trends in complaints, comments, and compliments.

This policy will be reviewed every 2 years unless there are legislative changes or policy/procedural changes which require an earlier review.