Decant Policy

Decant criteria

7.1         A property will be defined as uninhabitable if any one or more of the following is present (this is not an exhaustive list):

• major internal disruption, for example loss of sanitation
• the electrics are in an unsafe condition
• a significant damp or mould problem likely to cause an immediate health risk to the tenants
• asbestos that would cause a direct and immediate health and safety risk
• any significant subsidence, significant structural movement or structural instability (as demonstrated by a structural engineer's report)
• a major health and safety issue(s) or environmental factor(s) that would cause a direct and immediate risk to the tenants

7.2         When deciding whether decanting will be required, the following will be considered:

• Does the tenant prefer to remain in the property, if works required pose no health and safety risk?
• Has the property been assessed against the Housing Health and Safety Rating System (HHSRS) (opens new window) as to whether the risks identified can be reduced to as low as reasonably practicable?
• Will the property be uninhabitable whilst the work is being carried out?
• Is the tenant vulnerable or do they have a mobility issue that would make it difficult or impossible for them to remain in their home whilst the work is being carried out?
• Can they stay at a friend's or family member's home?

Planned decant process

7.3         A planned decant is where essential repairs and maintenance works have been identified that require vacant possession of the property to be completed. In this instance, tenants will be required to move on a temporary basis to suitable alternative accommodation to enable the required works to take place.

7.4         The council will consider a planned decant in the following circumstances:

• the property requires extensive repairs which cannot reasonably be carried out with the tenant in occupation
• the property requires repairs and the impact of which would mean the tenant and their household would be without use of essential facilities, including the kitchen and bathroom
• the tenant or a member of the household has significant health issues, and they would be adversely affected by the works if they were still occupying the property, for example, due to dust. The decant request must be recommended by the appropriate manager, who will confirm the reasons for the decant in the Decant Assessment Form

7.5         The Customer Care Team will liaise with the tenants to confirm:

• we are aware of the tenants' needs, including any vulnerabilities
• tenants are fully informed of the decant process
• the duration of the repairs and maintenance works required
• the tenants' right to return to the property when the works are complete
• how much rent the tenant will be required to pay during the process
• what support is available, for example, additional expenses
• the options for suitable alternative accommodation

Emergency decant process

7.6         An emergency decant is one that is required when the property has been affected by an unforeseen circumstance, such as fire or flooding, and the effects of which dictate that the tenant cannot remain living there, most likely with immediate effect.

7.7         As with planned decants, some tenants may be less able to cope due to vulnerabilities and may need to be decanted when we would not otherwise do so. Generally, emergency decants will be approved and follow the same process as for planned decants. In exceptional circumstances this type of decant may be agreed by another senior manager. Any decision on decanting for this reason may also be subject to other council policies, for example on responding to major incidents. Damage to properties should also be reported to the council's Insurance Team.

7.8         Emergency decants will inevitably require a degree of flexibility, at a potentially very disruptive time for the tenant.

Suitable alternative accommodation (planned or emergency)

7.9         The tenant will receive two reasonable offers, which may be a council property, temporary accommodation, or a hotel room, depending on the anticipated duration of the works and any other relevant considerations; this will be on a case-by-case basis, depending on availability of council housing stock, which will be the preferred option as a default (if the tenant is unable to self-resolve). An offer will be deemed suitable if it is reasonably suited to the needs of the tenant and their household, as per Ground 9, Schedule 2 of the Housing Act 1988 (opens new window).

7.10      Suitable alternative accommodation will include reasonable floor coverings and the installation and moving of essential goods which are needed to function appropriately in the decant property, for example, white goods.

7.11      Generally, hotel accommodation will only be used where the decant is for up to 7 days (14 days in exceptional circumstances as agreed with senior management), and if the tenant is rehoused to temporary accommodation, they will sign a non-secure licence to last for the duration of the works.

Staying with family or friends

7.12      Staying with family and friends is the preferred option for short-term decants (less than two weeks). During this time the council may provide a one-off discretionary payment to cover reasonable costs. An allowance of up to £100 per household per week will be paid to the tenant to compensate their relative or friend for the inconvenience and additional costs. The £100 payment is intended to cover food, drink and accommodation.

7.13      Where a decant is required for longer than four weeks, the payment will reduce to £0 (zero) per day, where we have been able to make a reasonable alternative offer of temporary or permanent accommodation. Where we are unable to find suitable alternative accommodation, the Service Director can authorise a further period of payment of £15 per day, per household, for as long as they determine to be reasonable.

Refusal to vacate substantive property and move to alternative accommodation

7.14      If the tenant refuses two offers of suitable alternative accommodation, without corroborating evidence to support the refusal, they will be required to make their own accommodation arrangements for the period of the decant.

7.15      If a tenant refuses an offer of decant accommodation and refuses to vacate to allow the works to proceed, a Notice of Seeking Possession (NOSP) will be served under ground 10 of the Housing Act 1985 (opens new window) within one week of refusal, or sooner where the circumstances require. Should the legal action reach the stage of a court hearing, a suitable offer of decant accommodation must be prepared in advance of the hearing date and communicated to the tenant. A NOSP will be used in cases that do not constitute an emergency.

Decant licence agreement and rent charges

7.16      Where the decant is to another council property, the tenant will be required to sign a nonsecure licence for the duration that they are occupying the property. They remain a tenant at their main home and continue to pay rent and Council Tax at this property. If the tenant was receiving Housing Benefit at the time of the decant, they will be assisted to submit a new claim if required. The tenant will be charged rent for their substantive property for the decant period. The council will take responsibility for the rent charges at the decant property or hotel.

Scheduling works and returning home

7.17      Once an offer of suitable accommodation is made and the move date is confirmed, the Repairs and Maintenance Service will arrange for the works to be programmed. The works will start as soon as possible after the property has been vacated by the tenant after arranging the clearing of their possessions and crediting meters as required.

7.18      For health and safety reasons the tenant may not return to their substantive property until all works are completed.

7.19      Following completion of the works and post-inspection, the tenant will be expected to move back into their substantive home within five working days of the property being ready. Should the tenant avoidably delay moving back to the substantive property, they will be subject to a series of warning letters and potential court action.

7.20      If the tenant avoidably delays moving from a hotel to their substantive property, then the council reserves the right to cease payment of hotel charges beyond the period agreed with the tenant.

Disturbance allowance

7.21      Tenants who are to be temporarily moved may be entitled to a discretionary disturbance allowance payment. This is intended to compensate the tenant for the costs they have incurred by their displacement and the amount shall be equal to the reasonable expenses associated with the move.

7.22      Disturbance payments will only be paid when evidenced by receipts or bills if the tenant chooses to pay for them on their own behalf rather than using council suppliers where applicable.

7.23      Where applicable, and depending on the circumstances leading to, and length of, displacement, the council will arrange and / or pay for items such as, but not limited to (where reasonable):

• the removal and / or storage of furniture
• the removal and refitting of fixtures and fittings in the decant property, such as grab rails, curtain rails or specialist bathroom equipment (case-by-case basis)

7.24      Should the tenant return to their original home, the property will have been brought back into a habitable state. Should there be a need for redecoration of the property, the council has the discretion to provide decoration vouchers. This will be on a case-by-case basis, and this will be discussed with the tenant.

7.25      The council may choose to meet some, or all of, the costs of any of the following:

• floor coverings for the decant property
• essential adaptations if an already adapted property is not located
• loan of an electric cooker or combination microwave for the duration of the decant
• loan of a suitable fridge for the duration of the decant
• loan of other essential items as identified

7.26      It is acknowledged that the needs of each household will vary according to their own unique circumstances, and there may be other items that the tenant requires assistance with or remuneration for. The tenant will be expected to provide receipts or invoices to prove the expenditure, where possible.