Under the Localism Act 2011 local authorities were given discretion to offer fixed-term ‘flexible’ tenancies to social housing tenants in England. Fixed-term Flexible tenancies are secure fixed-term tenancies with a minimum term of two years.
For the duration of this policy and procedure, these types of tenancies will be known as “Flexible Secure Rent to Buy 5-year Fixed Term Tenancy”.
This is the policy and procedure for how Your Homes Newcastle (YHN), on behalf of the City Council, will issue and manage Flexible Secure Rent to Buy 5-year Fixed Term Tenancy throughout the City of Newcastle Upon Tyne, only in respect of premises built for the “Rent to Buy” Scheme.
Rent to Buy properties which have been built with Homes England grant will be allocated by offering a Flexible Secure Rent to Buy 5-year Fixed Term Tenancy, with an expectation that the tenant will purchase within 5 years. This requirement to purchase is also a term of the tenancy. This will be made clear on sign up.
The Homes England Capital Funding Guide makes clear that “after the initial letting period the provider may continue offering the property as Rent to Buy, they may sell the home (the tenant should be given the right of first refusal) or convert the home to market or another form of affordable rent.”
Tenants with a Flexible Secure Rent to Buy 5-year Fixed Term Tenancy will have the same protection from eviction as tenants with a secure or assured tenancy until the fixed term ends. YHN will still be able to rely on one of the grounds for possession during the duration of the fixed term, and in most cases will need to prove they acted reasonably when deciding to seek possession.
The Localism Act states tenants with a “flexible fixed term tenancy” will have the right to:
Newcastle through its Tenancy Strategy (approved by Cabinet 24th October 2012) titled, ‘Our Pledge to Tenants: Defending social housing as a choice for single people and families”, set out our position on the uses of flexible fixed term tenancies. This document states, “While we support lifetime tenancies as a preferred tenure for general needs social housing, we accept that in some situations flexible fixed term tenancies can be appropriate”.
The Tenancy Strategy in accordance with guidance was amended in May 2020 to include the use of flexible fixed term tenancies for properties allocated under Rent to Buy.
Upon request, the latest copy of the Tenancy Strategy (as amended 2023) can be obtained from the Fairer Housing Unit at Newcastle City Council. fairerhousingunit@newcastle.gov.uk
To read the full rent to buy policy see: