Decant Policy
Appendix 3 - Temporary decant agreement
Tenant(s) Name: __________________________________________________________
Temporary Address: __________________________________________________________
This agreement is to confirm the offer of temporary accommodation whilst Gateshead Council carry out works to your home at:
Permanent Address: __________________________________________________________
Your tenancy will remain at your permanent address and your liability for rent and service charge will remain unchanged at £_______ per week. Any Housing Benefit entitlements will continue at the permanent address.
You must return to your permanent address when you are notified that the work has been completed to the satisfaction of Gateshead Council.
Gateshead Council have the right to take legal action to enforce this agreement under Ground 8 of Schedule 2 of the Housing Act 1985:
Ground 8
"The dwelling-house was made available for occupation by the tenant (or a predecessor in title of his) while works were carried out on the dwelling-house which he occupied as his only permanent home and -
a) The tenant (or predecessor) was a secure tenant of the other dwelling-house at the time when he ceased to occupy it as his home.
b) The tenant (or predecessor) accepted the tenancy of the dwelling-house of which possession is sought on the understanding that he would give up occupation when, on completion of the work, the other dwelling-house was again available for occupation by him under a secure tenancy and
c) The works have been completed and the other dwelling-house is so available".
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I acknowledge that this is an offer of temporary accommodation and confirm that I will move back to my permanent address at: ___________________________________ when works have been completed.
Agreement has been reached with Housing Management in respect of financial and physical assistance to enable the decant to proceed.
Signed: ___________________________ Date: ____________________
Tenant Name: ___________________________
Signed: ___________________________ Date: ____________________
Gateshead Council Housing Management Officer Name: ____________________