Tenancy Reinstatement Policy
This policy relates to Housing Pathways’ Transfer Policy.
The purpose of this policy is to provide for tenancy reinstatement in circumstances where a former tenant was justified in vacating their property.
A Former Tenant is a tenant previously occupying social housing property managed by SCH.
This policy applies to all social housing properties managed by SCH.
A former tenant is eligible to apply for tenancy reinstatement if they vacated their property because:
- They were under duress (ie, resulting from a critical incident or risk of harm),
- They had to move due to the inability of SCH being able to replace a property
- They had to move into a residential care facility, either voluntarily or under a court order (ie, a psychiatric hospital, rehabilitation centre, hostel, or nursing home),
- They were hospitalised for an extended period, or
- Of the care needs of the tenant, a member of their household or a family member.
To be considered for tenancy reinstatement, former tenants must prove that:
- They meet the eligibility criteria for social housing, and
- They meet the criteria for priority transfer, and
- They vacated their former property for an eligible reason with agreement of SCH, and
- They made an application for social housing within six months of vacating the former property.
The decision on whether to approve a recommendation for tenancy reinstatement is at the discretion of the relevant Tenancy Team Manager.
Housing Officers are responsible for assessing eligibility for tenancy reinstatement and making a recommendation to the Tenancy Team Manager, for approval.
1. Assessing applications
Applicants must be eligible for social housing in accordance with the SCH Eligibility and Application policy.
The Tenancy Team Manager should consider the following factors in deciding on reinstatement:
- Whether it was reasonable for the tenant to vacate with the amount of notice provided,
- Whether the circumstances of the incident were sufficient to force the tenant to vacate,
- Whether the tenant considered options other than vacating,
- Whether the tenant informed SCH of the circumstances before vacating,
- Whether the tenant was forced to vacate under the SCH Absence from Property policy,
- Could the decision to vacate have been delayed,
- Was the decision reasonable under the circumstances,
- Whether sufficient evidence of the reason for vacating is provided, and
- The tenancy history of the former tenant (ie, was there property damage or a history of antisocial behaviour).
Tenants who have an outstanding debt to SCH but would otherwise be approved for tenancy reinstatement will have a repayment plan negotiated and must be paying back their debt for a minimum of 6 months continuously, or have fully repaid their debt, before having their tenancy reinstated (If approved).
The Tenancy Team Manager will decide on the reinstatement within 10 working days of receiving a recommendation from a Housing Officer. The approved recommendation will be forwarded to the Access and Demand Team Manager for completion.
2. Evidence Requirements
The tenant must substantiate their reason to vacate the property.
Examples of evidence include admission and discharge documentation for a residential care facility or hospital, police reports supporting that there was a critical incident or risk of harm or a doctor or specialist medical report supporting the care needs of the tenant or family member.
3. Applying for tenancy reinstatement
Applications must be made in writing to the Local Office and accompanied by appropriate evidence.
All applications for reinstatement must be entered onto HOMES.