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Lettings policy

We want to make finding a home as simple, fair and open as possible and this is done through the our Lettings Policy and Tyne & Wear Homes' "Choice Based Lettings" scheme.

The majority of homes for rent will be advertised under the Tyne & Wear Homes scheme. For more information email the Tyne & Wear Homes Team on tyneandwearhomes@gateshead.gov.uk

The policy for dealing with applications for rehousing is set out in our Lettings Policy. Under our Lettings Policy, homes are allocated to one of four categories of housing need. These categories are critical, urgent, substantial or general.

Also included in the Lettings Policy is:

  • Registration for Tyne & Wear Homes
  • Lettings criteria
  • Exclusion and demotion of registrations and how to appeal
  • Category of needs and the housing need criteria

The Lettings Policy is subject to periodic review which is currently being undertaken. Part of the review of the Lettings Policy involves the procedure for requesting a review of 'exclusions of applications' for rehousing due to tenancy related debt.

Section 8 of the Lettings Policy sets out the 'exclusion appeals' process and states that once the review process has been exhausted applicants are entitled to request a members appeal. This right is only available to applicants who submit their request for a review within 21 days of the date of their exclusion notification letter. Any reviews received outside of the 21 day period will be classed as an out of time review and the applicant will not have the right to request a members appeal.

Statement of Flexibility

Icon for pdf The statement of flexibility [159.63KB] is intended to support the Lettings Policy and identify those areas of the Lettings Policy which are subject to regular review. The relevant sections of the Lettings Policy are specified to simplify cross reference.

Lodgers and subletting

What is a Lodger?

A lodger is someone who lives with a tenant, but who isn't part of their own household.  They don't have exclusive rights to any one part of the home.

A lodger is someone who pays money to the tenant or another member of the household to live within the house.

Secure and Assured tenants

The tenancy agreement states for secure tenants - "You may be entitled to take in lodgers and sub let your home.  You must get our written permission before doing so.  This permission will not be unreasonably withheld."

Assured tenants may be entitled to take in lodgers and sub-let part of their home as long as this does not cause overcrowding of the property. Tenants must get our written permission before doing so.

Introductory and Assured shorthold (starter tenancy)

The tenancy agreement states that as an introductory tenant or Assured shorthold (starter tenancy)  tenants are not allowed to take in a lodger.

What is subletting?

Sub-letting means that a tenant has a commercial agreement with someone who pays them rent to have exclusive rights to live in part of their home. (Please note - You can not sub let the whole of the property) .

The person is not usually part of the household or "one of the family".  The sub tenant will usually do their own cooking and cleaning.

Secured and Assured tenants

Secure tenants have the right to sub-let part of their home provided they have written consent from Gateshead Council.

Assured tenants may be entitled to take in lodgers and sub-let part of their home, but must get our written permission before doing so.

Tenants cannot sublet the whole of the property.

Gateshead Council must not reasonably withhold consent to sub-let, if we do, consent is deemed to have been given.

Gateshead Council must not apply conditions to the consent and must give the tenant a statement of reason for refusal.

If Gateshead Council does not respond to a tenant's request then consent is deemed to have been unreasonably withheld, this can be challenged by the tenant in the county court.

Introductory and Assured shorthold (starter tenancies)

Introductory tenants and Assured Shorthold (Starter tenancies) do not have the right to sub - let their home.

 

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