The purposes of the Code of Practice on Tenure are:

• to advise Registered Social Landlords (RSLs) of the Housing Corporation's understanding of the legal position in relation to tenure at the time of publication;
• to provide regulatory guidance on the Housing Corporation's requirements of RSLs issuing occupancy agreements for supported housing.
• to remind RSLs that they should grant occupancy agreements for supported housing in accordance with the law and with the Corporation's requirements.

The Code applies to all housing falling within the Corporation's definition of supported housing. The Code does not apply to residents living in general needs housing where care services are provided directly to a resident by another agency.

If in doubt about the type of occupancy agreement which should be issued in any given circumstance, RSLs should obtain legal advice from a source on which it is reasonable to rely. The Corporation recognises that RSLs may legitimately place reliance on that guidance.

The Housing Corporation requires RSLs to give residents in supported housing the most secure form of tenure compatible with the purpose of the housing. RSLs should normally grant assured periodic tenancies, unless there are specific circumstances where assured shorthold tenancies or licences are appropriate. RSLs should not grant licences to applicants to supported housing where tenancies should be offered.

The Code of Practice

The Code of Practice on Tenure was first introduced in October 1996. The Code gave RSLs a general dispensation for the use of assured shorthold tenancies in a number of circumstances. This revision of the Code reflects current practice, changes in legislation and The Housing Corporation's Performance Standards for Registered Social Landlords(1).

What is the status of the Code?

Implementation of the Code of Practice will be assessed as compliance with the Performance Standards for supported housing.

RSLs are required to review their own policies on tenure for supported housing in light of this Code. RSLs are expected to have complied with the Code by the year 2000 or have developed plans for compliance.

To read the rest of this document, please download the attached Acrobat PDF file