Fixed Term Tenants

Tamar offers most new applicants a Fixed Term Tenancy.  The purpose of the tenancy is to ensure that housing goes to those who genuinely need it.

Fixed Term Tenancies are let at either an Affordable Rent or a Social Rent.  These tenancies are usually fixed for 6 years.  This type of tenancy allows you to stay for the period of the Fixed Term.  At the end of the term Tamar will decide whether to offer you a new Fixed Term Tenancy.  Tamar expects to offer a new tenancy to the majority of residents.

Rentplus Tenancies

Rentplus applicants are also offered Fixed Term Tenancies as part of the Rentplus scheme.  Rentplus tenancies are usually fixed for 5 years and let at an affordable rent.

Each Rentplus home will have an Agreed Period, set at the beginning of the tenancy.  This Agreed Period will normally be 5, 10, 15 or 20 years from the date the home was included on the Rentplus scheme.  At the end of the Agreed Period the home will be sold to the existing tenant, Tamar or on the open market.

When a home reaches the end of the Agreed Period the tenant will be given the opportunity to purchase their home.  If the tenant is unable to purchase their home at the end of the Agreed Period it may be extended, although there is no guarantee of this.

Reviewing a Fixed Term Tenancy

One year before the end of a Fixed Term Tenancy, Tamar staff will visit you at home.  We will discuss with you your circumstances and advise you whether it is likely that you will be offered a new Fixed Term Tenancy.

Notice

Following this meeting, Tamar will send you a Notice, setting out our decision.  Whilst each case is judged on its own merits, Tamar will consider the following criterion when deciding whether to offer a new Fixed Term Tenancy or not.

a) Under Occupation

(This criteria does not apply to Rentplus homes)

Whether you are under occupying your home.  If you have a spare bedroom Tamar may ask you to move to a smaller property.

It is expected that two siblings of the same sex can share a bedroom, so long as the room is designed for two people.  Siblings of opposite sexes will not be expected to share a room whatever their age.  Allowance will be made residents who need to have separate rooms for medical reasons.

If you are living in a home which has been significantly adapted for a disabled person and there is no longer a disabled person in your household you may also be asked to find alternative accommodation.

b) Income

(This criteria does not apply to Rentplus homes)

Where your income has increased to such a level which would make the full market rent affordable you may be asked to find alternative accommodation.

Tamar will consider the market rent in your area to be affordable if the Local Housing Allowance for your home is less than 25% of your net income. For this calculation Tamar will include income derived from all sources, including any benefits except for Attendance Allowance, Disability Living Allowance, Personal Independance Payments or any other disability related benefit.

Tamar will compare your net income with the full market rent for the property you currently occupy.  Tamar will also take account of any special circumstances to you such as;

  • A disability which means that the resident requires a type of housing that is at a premium in the market
  • Childcare costs (for children under 5 years old) or payments made via the CSA that significantly affect  your income
  • The level of any saving, investments or capital (in excess of £16,000) that you have that would allow you to purchase a home

If, having considered the above, the Local Housing Allowance is less than 25% of your net income your tenancy may not be renewed.

c) Rent Arrears

Where you are in rent arrears and you are not making payments to clear the arrears. You will be given an opportunity to make payments to clear the arrears and only if this does not happen would the tenancy not be renewed.

d) Anti-Social behaviour

Where there is ongoing anti-social behaviour .  In this case you will be given to opportunity to alter your behaviour and only if this does not happen would the tenancy not be renewed. 

e) Condition of the property

Where on inspection the condition of the property is such that it could not easily be relet without   Tamar having to carry out remedial work.  This may be because of poor decorative standard or because you have caused damage to the property.  Repairs that are Tamar’s responsibility will be excluded from this decision.

In this case you will be given the opportunity to bring your property back to a reasonably lettable standard and only if this does not happen would the tenancy not be renewed.  If appropriate Tamar will refer you to agencies who can help with decorating or minor repairs.

f) Rentplus Homes at the end of the Agreed Period

Whether the Rentplus home has reached the and of its Agreed period on the scheme and the property is to be sold.

Formal decision

Six months before the end of your Fixed Term Tenancy, Tamar will write to you giving a formal decision as to whether your tenancy will be renewed or not.  This may follow a further visit or inspection if that is appropriate.

Can I appeal against the decision?

Yes, you can appeal against any decision not to offer you a new tenancy.  The appeal should be submitted in writing and within 21 days of receiving the formal decision letter.  You will need to produce any documentary evidence you have to support your case.  You may either ask for a face to face hearing or a written hearing.  The appeal will be heard by someone who has not been part of the original decision.

There is no right of appeal for Rentplus residnets whose homes reach the end of the Agreed Period.

What support of help can Tamar give if the tenancy is to be ended?

Tamar can provide help to find alternative accommodation by supporting you to find

  • A mutual exchange
  • A private rented home
  • A Shared Ownership home
  • A home to buy

We can also help by providing welfare benefits advice, support in maintaining your property or help to deal with any issues with your behaviour.  We often do this by linking you to other agencies who can provide specialist support.