T E M P L A T E. Tenancy Management Requirements. 1. General. a. Compliance obligations

Transcription

1 age 1 enancy anagement s 1. General a. Cmpliance bligatins b. SD Husing Client System c. enant placement he rvider is t cmply with all aws, each enancy greement and the plicies and prcedures applicable t the peratin and management f the Services as apprved by the Regulatry uthrity (the licies). ny ntice r request made thrugh the SD Husing Client System will be taken t be received when the ntice r request is lgged as received. he rvider will, when selecting each Husing Client in respect f a rperty, act in accrdance with this greement, the Operatinal anual and any directin frm SD (including in accrdance with the rder f SD s assigned pririty rating). If the rvider wishes t depart frm SD s directin, it must have SD s cnsent t d s. 2. enanting vacant rperties prcess and ntificatins a. enanting Vacant rperties b. enant placement principle he rvider is t fllw the prcess set ut in the Operatinal anual and the SD Husing Client System when a rperty is ready t be let t a Husing Client. he rvider acknwledges that rperties must be allcated fairly, transparently and n the basis f need, balanced with achieving a sustainable match (taking int accunt specific characteristics f the Husing Client and the neighburhd) (the enant lacement rinciple). he rvider is t ensure its licies give effect t the enant lacement rinciple, and must be able t demnstrate cmpliance with the enant lacement rinciple (including thrugh written recrds demnstrating why a Husing Client was selected by the rvider). c. N reliance n risk ratings r ther infrmatin d. Ntificatin requirements he rvider acknwledges that infrmatin abut risk ratings assigned t Husing Clients is nt definitive. the extent permitted by law, the rvider releases SD frm all liability and sses suffered by the rvider, and is t ensure that n claim is brught against SD by any sub-cntractr r rvider persnnel in relatin t such infrmatin. he rvider is t cmply with the ntificatin requirements set ut in the Operatinal anual and the SD Husing Client System regarding enant and enant-related changes. 3. enancy management services a. Bnd munt he rvider is t cllect the bnd (as defined in the Residential enancies ct) (the Bnd munt) (r the relevant part f the Bnd munt) frm the enant, except where SD has cnfirmed that it will be prviding financial assistance t the enant in respect f the Bnd munt (in which case the rvider will cllect the Bnd munt, r part f the Bnd munt, frm SD). he rvider is t cmply with its bligatins under the Residential enancies ct regarding the Bnd munt (including receipt and ldging requirements). emplate enancy anagement s

2 age 2 b. Rent cllectin and ntificatins c. enancy greement d. 24/7 Cntact int he rvider is respnsible fr: cllecting the IRR r any amunt that is less than the IRR where sectin 92(5) f the HR ct applies (the Rent munt) (and any Rent munt that is payable in advance f the start f the enancy ) payable by the enant (r SD if SD has cnfirmed that it will be prviding financial assistance r if SD is redirecting sme f the enant s SD benefit payments); ntifying the enant if there is t be any change t his r her Rent munt; ntifying SD f Rent munt arrears wing by the enant as sn as reasnably practicable fllwing receipt f a request frm SD fr that infrmatin; assisting SD in relatin t any queries relating t Rent munts that may be in arrears by a enant r any matter relating t a ptential refund t be made t a enant; ntifying SD thrugh the SD Husing Client System f any change t a enant s Rent munt n less than five Business Days prir t the effective date f that change; and taking necessary debt recvery steps in accrdance with its licies and the Operatinal anual, with terminatin f the enancy greement being a last resrt. he rvider may nt request any ther payment frm a enant ther than as expressly permitted under this greement. he rvider is t ensure that a written enancy greement is in place between the rvider and the enant which prvides fr a peridic term (unless SD has apprved therwise) and therwise cmplies with the requirements f this greement. he rvider is t maintain the 24/7 Cntact int as further described in the rperty anagement s. e. Inspectins he rvider is t inspect each rperty and each enancy at least nce every 12 mnths (an Inspectin). Fr an Inspectin t be cnsidered as cnducted, bth the rperty elements and enancy elements need t be cmpleted, hwever the rperty elements and enancy elements f the Inspectin may be cnducted tgether r at separate times. f. enancy elements g. enant meetings and engagement h. Cmplaints and incidents he Inspectins must, in relatin t a enancy, undertake the enant-related checks as specified in the licies. he rvider is t cmply with its licies in relatin t meeting with enants and handling enant cmplaints r incidents. he licies must prvide fr the handling f any request frm a enant where the enant wishes t meet with the rvider t discuss any issues that have arisen in relatin t the enancy greement. he rvider is t cmply with its licies in relatin t respnding t and addressing any cmplaints r incidents ntified t the rvider r SD (including abut the behaviur f any enant r visitr t a rperty). emplate enancy anagement s

3 age 3 i. nfrcing maximum ccupancy requirements he rvider is t cmply with its licies and the Operatinal anual t ensure that the maximum ccupancy level fr a rperty is nt exceeded. If it is exceeded, the rvider is t take apprpriate actin t ensure that the number f persns residing in the rperty is brught back t the maximum ccupancy level fr the rperty as sn as pssible. j. Subletting he rvider is t take all reasnable steps t ensure a enant des nt sublet a rperty and, if subletting des ccur, take all reasnable steps t rectify any subletting that may ccur. k. Suspected Husing fraud l. Child abuse and family vilence he rvider is t give written ntice t SD as sn as pssible upn the rvider becming aware f any suspected Husing fraud (as explained in the Operatinal anual). he rvider is t prvide all reasnable assistance t SD in relatin t any investigatin int suspected Husing fraud and keep recrds in relatin t any fraud reprts, r actins taken in relatin t fraud reprts. he rvider is t, where it is prviding children s services, cmply with the Vulnerable Children ct his includes: adpting and implementing a child prtectin plicy that cmplies with sectin 19 f the Vulnerable Children ct 2014; keeping its child prtectin plicy under review (including updating as applicable) thrughut the erm in accrdance with sectin 16(a)(iii) f the Vulnerable Children ct 2014; make a cpy f its child prtectin plicy (including as updated) available t SD; infrming the apprpriate authrities immediately upn the rvider becming aware f the ccurrence r pssible ccurrence f family vilence (n matter hw serius) either: at a rperty, r that has r may have been inflicted by r n, a enant r any ther persn residing at, r visiting, a rperty; r therwise ntified t the rvider by any persn; and prviding all reasnable assistance and cperatin t the relevant authrity investigating any ptential r actual child abuse r family vilence that may have ccurred. m. enant absences he rvider is t take reasnable steps t ensure that it will receive written ntice frm the enant where the enant is planning t be absent frm the rperty fr mre than eight weeks. he rvider is t give a cpy f such ntice t SD thrugh the SD Husing Client System as sn as pssible fllwing the rvider receiving such ntice. n. enant disputes he rvider is t act in accrdance with its licies t reslve any enant dispute that arises with the enant.. enant-initiated transfers Where a enant requests t transfer t a different rperty fr any reasn the rvider is t: take all reasnable steps t manage the enant s expectatins abut the prspect f relcatin; emplate enancy anagement s

4 age 4 p. rviderinitiated transfer (ther than due t a change in enant circumstances) explre all ther reasnably viable slutins that culd address the enant s underlying reasn fr the enant s request t transfer; dcument, in a written frm, the enant s request t transfer; and ensure that it explains the requirements and rules fr the tenant transfer prcess t the enant in a way that reasnably enables the enant t understand such requirements, and, fllwing undertaking the abve steps: ntify the enant f hw the enant can cntact SD t request a needs assessment (and the assciated prcess in relatin t such assessment); apprpriately recrd the steps the rvider has taken; and therwise cmply with the relevant parts f its licies. Where the rvider wishes t transfer a enant t anther rperty and the reasn fr the prpsed transfer is nt cnnected t a enant s change in circumstances (e.g., fr maintenance, redevelpment r imprvement wrks in relatin t the rperty), the rvider is t ntify SD in advance f undertaking the transfer, and: the transfer must be necessary and desirable; the rvider is t identify a suitable alternative rperty that is apprpriate t the enant s husing needs (in respect f lcatin and, if apprpriate, cnfiguratin). n alternative rperty will nly be suitable if, in the case f maintenance, redevelpment r imprvement wrks: the alternative rperty is available t the enant n a shrt, fixedterm basis r n a permanent basis; and which cannt be undertaken within 120 days (r such lnger perid as agreed by SD), the alternative rperty is available t the enant n a permanent basis. Where a transfer is t ccur, the rvider is required t: facilitate the transfer, including by acting in accrdance with its licies and these enancy anagement s; apply the prcess in the Operatinal anual and the SD Husing Client System; utline the ptins available t the enant in the circumstances (including by making the enant aware f any circumstances relating t the alternative rperty (e.g., wrks that are pending)); make an ffer f a new rperty t the enant, in writing (specifying whether n a permanent r shrt-term basis, as applicable); arrange (at the rvider s cst) fr the enant t view the new rperty prir t the enant s decisin being required; arrange and pay fr all reasnable csts assciated with the enant being relcated t the new rperty; if applicable, arrange and pay fr all reasnable csts assciated with the enant being relcated back t the riginal rperty; and ntify SD f the transfer having ccurred thrugh the SD Husing Client System. emplate enancy anagement s

5 age 5 q. rviderinitiated transfer (due t a change in enant circumstances) r. anaging jin-ins s. enancy releases If a change in enant circumstances ccurs, the rvider is t ntify SD in accrdance with the requirements f this greement s that SD can reassess the enant s needs, and, fllwing reassessment if the rvider wishes t transfer the enant t a different rperty, the rvider is t: facilitate the transfer; and assess that enant s suitability against the needs f ther Husing Clients (including by fllwing the prcess in the Operatinal anual and the SD Husing Client System). When an existing enant makes a request t the rvider that anther persn r husehld member be added as a named tenant in the enancy greement (a Jin-in Request), the rvider is t assess such request, including whether such jin-in wuld: pse any safety risk t SD, the rvider r the lcal cmmunity; r give rise t any vercrwding issues. If the rvider is willing t agree t the Jin-in Request, the rvider is t refer the Jin-in Request t SD thrugh the SD Husing Client System fr assessment. If SD: apprves the Jin-in Request, the rvider may (by agreement with the existing enant): vary the existing enancy greement t include the new tenant as a enant; r terminate the existing enancy greement and arrange fr a new enancy greement t be entered int with the existing enant and the new tenant; r des nt apprve the Jin-in Request, the rvider will ntify the enant f this decisin. If either the rvider r SD d nt apprve the Jin-in Request, the rvider may cnsider utilising the enant transfer prcess. he rvider is t make any SD plicy n jin-ins freely and easily available t all enants (prvided that SD prvides such plicy t the rvider). enant may nly be released frm a enancy where there are tw r mre individuals named as jint tenants in a enancy greement (a Jint enancy) if such enant receives the cnsent f the rvider. he rvider must nt withhld its cnsent unless there are genuine reasns that warrant refusing cnsent (e.g., suspected Husing fraud (e.g., the enant that is requesting t be released frm the Jint enancy intends t remain living in the rperty as an additinal ccupant)). If a persn is released frm being a enant under a Jint enancy, the rvider is t: advise that persn that they will n lnger enjy the rights that cme with being a enant; and ntify SD f the release thrugh the SD Husing Client System within three Business Days. emplate enancy anagement s

6 age 6 t. Death f enant in a Jint enancy Where a Jint enancy is in place and ne enant passes away, the rvider is t fllw the prcess set ut in the Operatinal anual, including allwing ne week t pass frm the date f ntificatin t the rvider f the death befre cntacting the remaining enant(s), except in cases f emergency r as therwise agreed by SD where the rvider requests that a lnger perid apply having regard t the particular circumstances. u. Death f enant - Sle enant Where a sle tenancy is in place and the enant passes away, the rvider is t: if there are n ther ccupants residing in the rperty, issue a 21 day ntice t vacate the rperty t the apprpriate persn e.g., next f kin, executr f estate r slicitr; r if there are ccupants still residing in the rperty, fllw the prcess utlined in the Operatinal anual. v. Barders he rvider is t ntify SD befre agreeing t any enant request fr a barder t ccupy a rperty with the enant. w. Hme detentin and bail x. erminating enancy greement If SD becmes aware f any enant request made t SD fr a barder t ccupy a rperty with a enant, it will ntify the rvider. he rvider is t ntify SD befre agreeing t any enant request fr use f a rperty as an address fr hme detentin r bail. If SD becmes aware f any enant request made t SD t use a rperty as an address fr hme detentin r bail, it will ntify the rvider. he rvider is t, when a enancy greement is terminating: if apprpriate, infrm the enant(s) f the pssibility that SD may n lnger cnsider it r them eligible t be a Husing Client; if apprpriate, prvide the enant with a psitive letter f referral; undertake an inspectin f the rperty; and give reasnable ntice t SD specifying the details fr the terminating tenancy. y. Family Services Directry he rvider is t ensure that it is listed in SD s Family Services Directry and that its Necessary Infrmatin is updated as required. z. enancy reviews he rvider will reasnably assist SD if SD is seeking t cnfirm whether a enant has had a change in circumstances that warrants a change t the enant s eligibility fr Husing. 4. Systems a. General respnsibilities he rvider is t: ensure that its infrmatin technlgy systems and its persnnel can access the SD Husing Client System; use all reasnable endeavurs t ensure the integrity and security f its infrmatin technlgy system and netwrk cmmunicatins; exercise all due care in the access t and use f the SD Husing Client System; emplate enancy anagement s

7 age 7 b. aintenance and supprt access and use the SD Husing Client System nly fr lawful purpses; ensure that rvider persnnel that use the SD Husing Client System are sufficiently trained and nly have access t the SD Husing Client System t the extent required t perfrm their duties; cmply with any instructins with respect t accessing and using the SD Husing Client System ntified t the rvider frm time t time; immediately ntify SD f any prblems r issues that arise in relatin t the SD Husing Client System; and de-prvisin an individual s SD Husing Client System user accunt lgin when that individual ceases t be rvider persnnel. he rvider acknwledges that the primary part f the SD Husing Client System may be unavailable frm time t time in rder t cnduct system related maintenance, upgrades r ther wrks and that the rvider may be required t utilise SD s secndary back-up system during perids f unavailability. c. raining SD will make training available t the rvider in relatin t the SD Husing Client System. he rvider will ensure its relevant persnnel attend any training prvided by SD, and is respnsible fr prviding all ther required training t rvider persnnel in respect f the SD Husing Client System. d. SD Husing Client System issues If the rvider encunters any issue r has a query in relatin t the SD Husing Client System, the rvider shuld cntact the apprpriate SD cntact as ntified t the rvider frm time t time. emplate enancy anagement s