When a tenant informs us that they are planning to be away from their property for a prolonged period, we will ask them to provide us with further information, including:
- reasons for absence
- duration of absence
- certainty of return and date
- forwarding address and contact information
- arrangements for paying rent.
We will advise the tenant that any absence longer than the agreed time may result in us taking action to repossess the property and that they must continue to pay rent whilst away from the property.
Any requests to take in a lodger or subtenant will be dealt with in accordance with the tenancy agreement or lease and our LBHF absent tenants and abandonment policy.
Tenancies
Tenants are entitled to be absent from their property for a substantial period, if the property remains their only and principal home.
The following are generally accepted as valid reasons for temporary absence:
- being in prison on remand or for a short sentence
- staying in hospital
- living in student accommodation in term time
- living in alternative accommodation because of domestic abuse
- staying with relatives to receive or provide support and care
- having fixed term employment elsewhere
- going on an extended holiday
- to spend a trial period in residential care before deciding whether to move permanently
Prison
We are sympathetic to individual circumstances of tenants who may have received a prison sentence. Stability and security are important factors for ex-prisoners and reduces the risk of re-offending. We consider the following before deciding how to proceed:
- the nature of the crime
- expected duration of absence
- ability to pay the rent for the duration
We will advise the tenant to seek independent legal, housing and welfare advice from either a prison welfare officer, probation officer or organisations such as NACRO and Resettlement Plus Helpline.
We will signpost tenants to ex-offender programmes that will support them in sustaining their tenancy and will work with probation officers to ensure the tenant has support in place on their return.
Any serious offence committed, as listed in the Anti-social Behaviour, Crime and Policing Act, schedule 2a, will be deemed a serious breach of the tenancy and we will seek a court order for possession if the tenant does not first terminate their tenancy. We will handle this in accordance with our antisocial behaviour policy and will advise the tenant to seek independent advice.
Licensees
Licensees are not permitted to be absent from their properties for a substantial period, as stipulated in the license agreement. However, temporary absence may be accepted in certain circumstances. The following can be accepted as valid reasons for temporary absence:
- having a short prison sentence
- staying in hospital
- staying with relatives to receive or provide support and care.
In all cases, a management decision will be made considering the best possible use of the accommodation.
Leaseholders
Leaseholders do not require our permission to be absent from their property. Leaseholders can be absent for a prolonged period, provided they keep to all the conditions of their lease. Shared owners should consult their lease agreement.
Exceptions
If the length of absence means that arrangements for paying the rent and other charges cannot be made, the tenant will be encouraged to end the tenancy. This may involve liaising, as appropriate, with the tenant's probation officer, social worker or health worker.
If the tenant asks for an extension to the period of absence previously agreed, we will review the request and may agree this in writing. If the extra time requested is excessive or we have sufficient reason to believe they have no intention of returning, we may decline the request and advise them to give up their tenancy.
If the tenant refuses to give up their property and arrears accrue, possession action will be taken in line with our LBHF rent income management policy. Where there are no rent arrears, we encourage the tenant to give up their tenancy and where they refuse, we will consider taking possession action, as explained in the section titled Taking possession of the property.