Version 3.0 Last reviewed: March 2025
Contents
- Introduction
- Strategic framework
- The policy
- Legislation and regulation
- Related documents
- Equality and diversity
- Complaints
- Review
1 - Introduction
1.1 Sovereign Network Group is a registered provider of social housing in England managing homes across a range of local authorities. It owns and manages a range of general needs stock, sheltered schemes, temporary accommodation and intermediate rent.
1.2 The policy covers the activities and processes for internal transfers, under occupation, older persons, management moves decants, assignments and successions and garages.
2 - Strategic framework
The purpose of the policy is to provide clear information about how we support existing customers who may need to move.
3 - The policy
3.01 Internal Transfers
This is where a Sovereign Network Group customer moves directly into another Sovereign Network Group property through a direct let from Sovereign Network Group
Sovereign Network Group operates the following waiting lists across its service. Transfers - from April 2022 our Transfer lists were be removed. We will only offer new internal transfers in the following circumstances:
Under occupation
General needs customers wishing to downsize (sometimes known as under occupancy). The resulting property is offered to the relevant local authority.
Downsizing is where a customer has at least one spare bedroom and wishes to move to a smaller “right size” property. To support customers who wish to downsize the customer may be eligible for our downsizing (under occupancy) package:
- A £1,000 payment for moving to a new smaller home by downsizing one bedroom
- An extra payment of £500 for every additional room that’s spare
- Support finding a Sovereign Network Group property
- All moving costs covered
- Free carpets, curtains and decorating vouchers in their new home
- Should the rent on the property the customer is downsizing to have a larger rent, they will not be charged the increased rent. They will continue to pay the same rent level as their previous address.
Older Persons
An older person who wishes to move into one of our older persons accommodation schemes. We have a number of older persons schemes which are managed by the Older Persons Team. More information on these schemes can be found under section 3.09. The resulting empty property is offered back to the Local Authority.
Management Transfer
A Management Transfer is offered only in exceptional and agreed circumstances and examples of the reasons for a management transfer are detailed in table 3.03, again the resulting empty property will be offered to the relevant local authority.
Decants
Decants - see table in Section 3.03 and further information is contained in Section 3.09.
All transfer applications, irrespective of how long they have been on the list will receive 1 direct offer before being removed from the transfer list.
3.02 Under Occupancy, Older Persons and Management Transfers
Customers wishing to transfer are subject to an assessment process, only those customers looking to downsize, needing to decant, or to move to older persons or requiring a management transfer will be eligible for a transfer in London.
In London, new Management Transfer Applicants who refuse 1 reasonable direct offer , (an explanation of what a reasonable offer is covered under 3.05 and in our Applications Procedure), will be removed from the list. We will ensure this one offer rule is explained clearly to the tenant during the process.
In East Hertfordshire, direct offers will not be made as a Common Housing Register operates.
A weekly review of the transfer list will be completed by the Voids and Lettings Team. The purpose of the review is to match void properties to transfer applicants based on housing need.
The Management Transfer Panel or Hertford Safeguarding Panel will note the progress made in arranging management transfers for those new to the list post April 01st 2022 on a monthly basis to ensure that, in accordance with our Management Transfer Terms of Reference management transfers are being appropriately referred for consideration and to ensure that applicants are being removed from the list when they have refused 1 direct offer.
3.03
Reasons for internal transfers are summarised in the table below.
| Reason | Activity covered |
|---|---|
| Older person wishing to move from general needs property to one of our older persons accommodation schemes | Where a customer wishes to move to an older person’s scheme and is 60 years or older and living within the London Area, we can arrange for them to move to one of our Older Persons Schemes In Hertford, all lets are completed through the Local Authority Housing Register as per our Lettings Procedure. |
| Management Transfer | A Management Transfer occurs very rarely and is where the customer needs to move due an exceptional circumstance. Qualifying agreed circumstances are:
If the tenant is not statutorily overcrowded then Sovereign Network Group will offer a tenant who meets the qualifying criteria the same bedroom sized property to the one they currently occupy. Further information on our Management Transfer process is contained in Section 3.04 of this policy and we have a separate Applications Procedure. |
| Decants | Sovereign Network Group tenants who have to leave their homes to enable the organisation to carry out required major repair, improvement or redevelopment work, or because the property is to be demolished or sold. The home may also be uninhabitable because of fire, flood or structural damage. Otherwise the Panel may give consideration to a permanent decant. See 3.10 for further information on how these matters will be managed/determined |
| Under occupation | See 3.02 If the household has one/more bedroom(s) surplus to their requirements. Further information on under occupation can be found in our SNG Lettings Policy |
3.04 Management Transfer
For more information please see information in sections 3.03 and in our Applications Procedure.
If an application is approved by the London Panel then a suitable reasonable property will be identified, and a direct offer may be made. In Hertford the Safeguarding Panel work with the Local Authority to add points and facilitate a move
3.05
The following principles apply in the determination of a Management Transfer Application
- Sovereign Network Group will approve a management transfer to a larger size property than the customer currently occupies, where the customer meets the management transfer qualifying criteria, please see Section 3.03, and is statutorily overcrowded.
- If the tenant is not statutorily overcrowded then Sovereign Network Group will offer a tenant who meets the qualifying criteria the same bedroom sized property to the one they currently occupy.
- Sovereign Network Group will only rehouse the household members named on our housing management system.
- Area consideration will be factored in if there is a likelihood of the perpetrator finding the survivor and where possible we will be guided by Police advice.
- Where there is a real and immediate threat and Sovereign Network Group does not have a property available we will work with the Local Authority to find suitable alternative accommodation.
- Applicants will receive 1 reasonable direct offer only in London and in Hertford they will be removed from the list if they are not actively bidding with the Local Authority.
- Both panels will write to the customer, communicating the reasons for their decision as per our Applications Procedure
- The customer can supply written information relating to their application to the Management Transfer Panel but as Panel meetings are closed meetings, third parties are not able to attend either virtually or in person.
- Applicants will be given notice of the Panel and opportunity to submit evidence.
- Further information on the application, approval and review process is covered under our Applications Procedure.
3.06 Older Person Waiting List
Sovereign Network Group receives a percentage of its referrals to older person units via the local authority. Sovereign Network Group also operates a waiting list.
Specialist agencies will nominate to the list.
Please see section 3.08 for further information on our older persons schemes.
3.07 Move On and Referral Agencies
This category of applications is to be used to provide permanent housing to customers within supported housing accommodation who are ready and able to cope with a greater degree of independent living, and who will successfully be able to establish and maintain a tenancy. These are managed by the Agency Team.
Key criteria:
(a) Agents referring under this scheme will undertake a detailed assessment of care and support needs prior to a referral to see if the application meets the eligibility criteria and will submit the application to Sovereign Network Group clearly setting out that the criteria has been met and how it is met.
(b) Where applicable, agents must be responsible for the provision of a level of resettlement and post-housing support to meet any assessed needs. Sovereign Network Group will not be responsible for any support identified as needed.
(c) Sovereign Network Group has the discretion to refuse an applicant where the agent is unable to demonstrate their ability to provide the resettlement and support needs. The agent has recourse to make a complaint.
(d) Applicants will bid through the usual local authority channels; their priority is band B. Failure to bid during a 6-month period or 3 refusals will result in them being removed from the scheme and the agent will be asked to provide a replacement. Bids are restricted to bedsits and 1-bedroom units.
3.08 Older Persons Schemes
The below criteria must be adhered to in considering any older person’s application for transfer.
| Type | Eligibility | Exclusion Reasons |
|---|---|---|
| Older Persons |
or
and
and
or
| Subject to a detailed risk assessment, the prospective tenant or household member has:
Where the applicant is dissatisfied with our service or with our decision then they can make a complaint by using our Complaints Policy |
| Extra Care | As above plus the nomination comes from Adult Social Care and they are subject to the standards set by their Panel which is 14 hours of care required. This can vary. An affordability check is completed, and the findings used to identify what support the new customer will require | As above and do not need the care package |
| Flexi Care |
or
| Anything outside of the eligibility criteria |
3.09 Decants
There are occasions when a tenant may have to be relocated from their homes during major works or redevelopment. Reasons:
(a) Major repairs or improvements that cannot be carried out with the tenant in occupation
(b) Modernisation programmes.
(c) Sale or demolition
(d) Emergency (e.g. fire, flood) rendering the property uninhabitable
(e) Long lease end
Further information can be found in our Decants Procedure.
3.10 There are two types of decant with further information in the table below.
| Type | Description |
|---|---|
| Permanent | The household moves permanently and is rehoused. A transfer application will be processed, and the highest priority given. The applicant can then bid or be given a direct offer from Sovereign Network Group stock or with arrangement with another social landlord. Key issues:
|
| Temporary | The household moves out temporarily whilst the work is done. On completion they return to their home. They remain a tenant in their current home and pay the rent as normal. A void property will be identified within Sovereign Network Group stock or with arrangement with another social landlord. If the move is only up to one month a cash incentive may be offered to stay with friends/relatives, in hotel accommodation or respite care. Cost effectiveness and needs of the tenant will be considered. Key issues:
We have a decant procedure which covers the detailed process and also how to manage refusals to move out of their home or refusals to return to their home. |
3.11 Supporting the decanting Tenant
Sovereign Network Group understands the need to move can cause disruption and anxiety. It is committed to ensuring that this process runs as smoothly and sympathetically as possible. Tenants are prepared at length in order to assist this process. Financial and practical assistance will be offered, and a support package agreed in advance where appropriate.
The customer can challenge our decision, or the reasons given for our decision in relation to any support package by using our Complaints Policy and Procedure.
3.12 Homeless and Disturbance Payments
(a) Homeless payments are governed by the Land Compensation Act 1973 and the amount payable is fixed by statute. The payments are intended to compensate for the upheaval and personal upset involved in an involuntary move. Money owed to Sovereign Network Group will be deducted from the payment.
(b) Disturbance payments will be made to meet any reasonable moving expenses. These will be agreed in advance and either Sovereign Network Group contractors used, or the tenant paid direct on the production of receipts.
3.13 Assignments & Successions
A tenancy must exist in law in order for a change request to be reviewed. Secure and Assured Tenancies have the right to assign and succeed in statute. Assured Shorthold Tenancies and Licences do not have this right; neither do starter tenancies.
Each Assignment and Succession can only complete if the customer has the right to rent. Further details can be found in our Right to Rent Procedure and our Assignments Procedure.
If an applicant is unhappy with the decision we have made about an Assignment or Succession, then they can challenge our decision using our Complaints Policy and Procedure
3.14
It is important that Sovereign Network Group maintains meticulous records in all of the cases, and we have an Assignments and Successions Procedure to support the process.
| Type | Description |
|---|---|
| Assignment by Mutual Exchange | We support customers to mutual exchange by: 1 - Providing access to Homeswapper which is an internet-based mutual exchange service, this can help to match tenants to suitable properties. This service is advertised on our Website. 2 - Our Neighbourhood Team offer help and support for those tenants who do not have access to the internet. Where the tenant wishes to exchange their property with that of another social landlord this is called an Assignment by Mutual Exchange. Permission cannot be withheld unreasonably, but law does allow for a set of conditions: (a) The landlord must inform their tenant of their decision within 42 days of receipt of an application. (b) The property has not been funded for special use and exempt from exchanges. (c) The incoming tenant must comply with the landlord’s allocation policy on household size. (d) The incoming tenant must have the right to rent (e) The outgoing tenant must have a clear rent account. (f) The outgoing tenant has not damaged the property to the extent where an insurance claim has been made. (g) Alterations and improvements made by the outgoing tenant become the responsibility of the incoming tenant. (h) The property is inspected and certified for gas and electricity. (i) The landlord suffers no financial loss either through rent, void, or repair. (j) The incoming tenant has the same right to report repairs, like other tenants from the day of assignment. (k) The exchange takes effect by Deed of Assignment no less than 4 weeks once permission has been given in accordance with the notice period of the tenancy agreement. (l) The tenant must not be under a Notice. (m)The property is not deemed a sheltered or older person’s unit and the incoming tenant does not meet the need of such property. (n) The property has not been adapted and the incoming tenant does not meet the need of such property. |
| Judicial Assignment | Where a Court Order is obtained transferring the tenancy this is a Judicial Assignment. If the transfer is due to divorce proceedings a deed of assignment supplied by the remaining party’s solicitor is required in addition to the court order. |
| Assignment to a Potential Successor | If a tenant wishes to pass their tenancy onto someone while they are alive this is called a living succession or assignment to a potential successor. The same statutory requirements must be met as if the tenant had died. Sovereign Network Group is obliged to provide the tenant with their change of rights should they assign their tenancy. A deed of assignment must be signed. |
| Succession | Where someone wishes to inherit the tenancy because the tenant has died this is a succession. No new tenancy is issued they inherit the existing tenancy which includes arrears and notices. (Credits must be passed to the dead tenant's estate). Except for a husband, wife, civil partner or joint tenant, there will be a requirement that all other potential successors to have been living with the deceased at the property, as their main residence, for at least 12 months prior to their death. |
| Sole to Joint | Sovereign Network Group does not permit a sole tenancy to become a joint one. This is to prevent the creation of a new tenancy with further succession rights. A tenant may add a partner to their household. |
| Joint to Sole | Where someone wishes to delete someone from their tenancy i.e. joint to sole. There are legal implications here and the landlord cannot be seen to collude in a breach of rights. Therefore, one of the following are required: 1 - The exiting tenant assigns the tenancy to the other joint tenant. 2 - A court order is obtained, and this becomes a judicial assignment. 3 - A NTQ is served ending the tenancy and a new tenancy is issued to the remaining party. This confers new succession rights but may be an option in cases of Domestic Abuse where the survivor wishes to remain at the property. Issuing a new tenancy is at the discretion of the landlord. |
3.16 Secure Tenancy Statutory Rights
- The legal right is contained in Section 87-90 of the Housing Act 1985.
- There is only one statutory right to succeed to a tenancy.
- If the deceased was a joint tenant the tenancy will automatically vest in the surviving joint tenant and counts as one statutory succession.
- Family members who are entitled to succeed are listed in s113 of the Housing Act 1985. They must prove they lived with the deceased during the 12 months immediately before their death.
(i) A spouse living with the deceased tenant at the time of death has an overriding priority above all other family members. They do not have to show how long they lived at the property.
(ii) A spouse separated or divorced from the deceased tenant may only succeed if so ordered by the court during matrimonial proceedings.
(iii) Other family members who can succeed are:
- parent or grandparent
- child or grandchild (over 18)
- or uncle
- brother/sister
- nephew or niece (not cousins)
- cohabitees (those living together as man and wife)
(iv) Where there is more than one spouse living with the tenant at the time of death, they should agree amongst themselves who will succeed to the tenancy. The courts must decide if they cannot agree.
(v) If there is no spouse and there is more than one qualifying family member, they should decide amongst themselves who will formally succeed. They are not entitled a joint tenancy. The landlord may determine who should succeed to the tenancy if the family members are unable to do so.
3.17 Assured Tenants Statutory Rights
- The legal right for Assured tenants is contained in Section 17 of the Housing Act 1988 (As Amended).
- There is reference to Succession in the Tenancy Agreement.
- There is only one right to statutory succession.
- If the deceased was a joint tenant, the tenancy automatically vests in the surviving joint tenant and will count as one succession.
- A spouse occupying the property, as his/her main or principal home, immediately before the death of a sole tenant, will automatically succeed to the tenancy.
- A cohabitee living with the deceased tenant at the time of death will be treated as a spouse and automatically succeed to the tenancy without having to prove additional length of residency.
- If there is more than one person living with the tenant at the time of death, they should decide between themselves who will succeed. The courts must decide if they are unable to agree.
- The tenant is entitled to pass the tenancy on in their will. If no will is made, it will go to the next of kin in accordance with the legal provisions.
3.18 Discretionary Rights
- Sovereign Network Group confers the same rights to assured tenants as it does secure tenants in line with the tenant’s charter.
- Sovereign Network Group confers the same rights to same sex partners and cohabitees as it does to married couples in secure and assured tenancies provided they meet the criteria.
- Where a licensee, AST or fixed term tenant dies statutory succession rights will be preserved for the remainder of the term provided they meet the criteria. There is however no right of assignment.
3.19 Succession & Under occupation
Where the tenancy is Secure and the accommodation is larger than is reasonably required by a successor who did not previous hold the tenancy, the landlord can seek possession of the property under Schedule 2 of the 1985 Housing Act. The landlord must give the tenant notice seeking possession no earlier than six months, and no later than twelve months, after the tenant's death. The court may only order possession if suitable alternative accommodation is available for the tenant and it is reasonable to require him or her to give up the property. Relevant factors are:
- The successor’s age
- The period of time for which the successor lived in the property as their only or principal home
- Any financial or other support the successor gave to their predecessor.
Ground 9 Housing Act 1988 can be used where it is an Assured tenancy and the property is larger than needed, this is where Sovereign Network Group can provide ‘suitable alternative accommodation’
3.20 Successions in Older Persons accommodation
A spouse, civil partner or a co-habiting partner who was occupying Sheltered Accommodation as his or her only or principal home immediately before the tenant’s death may succeed to the tenancy, providing there has been no previous succession, and provided Sovereign Network Group considers the individual suitable for the scheme.
Sovereign Network Group will judge the individual's suitability for the scheme by considering whether the individual has a verified support need that would best fit the nature of the scheme, whether the individual meets the age criteria for the scheme, whether allowing the succession would result in under-occupation, or any other relevant criteria.
If the individual is not considered suitable for the scheme, Sovereign Network Group may make an alternative offer of suitably sized accommodation.
No right of succession will be granted to other family members. Sovereign Network Group will endeavour to provide advice and guidance to occupants that do not qualify to succeed and will refer them to the local authority.
3.21 Garage Lettings
Sovereign Network Group has a range of garages, garage plots and parking space.
The Garage lettings Procedure provides the framework for application and allocation of such spaces. Sovereign Network Group does not let garages to tenants and leaseholders who are in arrears on their homes.
4 - Legislation and regulation
The legislation listed in this policy is not intended to cover all legislation applicable to this policy. To comply with clause 1.1 of the Regulator of Social Housing’s Governance and Financial Viability Standard, which requires adherence to all relevant law. Sovereign Network Group will take reasonable measures to ensure compliance with all applicable legislation by reviewing policies and procedures and amending them as appropriate.
The legislation listed within this policy was considered at the time of the development of this policy, but subsequent primary and secondary legislation, case law and regulatory or other requirements will be considered, and the policy reviewed and adopted in accordance with the requirements set out therein, even should such subsequent legislation not be explicitly listed within this policy. Any queries relating to the applicable legislation should be directed to the policy owner.
4.1 Current Legislation
Sovereign Network Group will meet its legal obligations under the following legislation:
- Equality Act 2010
- Housing Act 1985, 1988 and 1996
- Regulator of Social Housing Framework
- Home Loss Payments (Prescribed Amounts) (England) Regulations 2008
- Land Compensation Act 1973
- Landlord and Tenant Act 1985 and 1987
- Human Rights Act 1998
- The Civil Partnerships Act 2004
- Rehabilitation of Offenders Act 1974
4.2 New regulations
Sovereign Network Group will need to be vigilant to new regulations and assess the impact on their business. The result may have an impact on any of the following areas:
(a) Strategy
(b) Policy
(c) Process
(d) Information Systems.
5 - Related documents
This policy should be read in conjunction with the following documents:
- Policies relevant to Housing Management, Voids and Lettings and Income Recovery
- Policies relevant to Domestic Abuse and Anti-Social Behaviour
- Complaints Policy
- Data Protection and Compliance Policy
- Confidentiality and Compliance Policy
- Tenancy Agreements
- Right to rent procedure
- Assignments and Successions Procedure
- Applications Procedure for Transfers and Management Transfer
- Decant Procedure
- Garage Lettings Procedure
- End of Tenancy Procedure
6 - Equality and diversity
We will apply this policy consistently and fairly and will not discriminate against anyone based on any relevant characteristics, including those set out in the Equality Act 2010.
- At SNG, our commitment is to make sure that no individual or group experiences unfair, discriminatory, or prejudicial treatment in recruitment, pay or promotions, housing, or any other service we provide, such as lettings, tenancy advice, repairs or rent collection.
- SNG strives to be an open, inclusive, and diverse organisation where everyone has a right to be treated with dignity, fairness, and respect. As an organisation we value the diversity and talents of all individuals and the richness that brings to our culture.
- We understand the varying needs of our residents and communities and promote equality of opportunity in employment and service provision.
- We deliver appropriate, accessible, and flexible services, being tolerant, understanding and not judging others or their lifestyle choices. We stand up to and challenge prejudice, discrimination, and harassment in all its forms.
7 - Complaints
Any tenant who is dissatisfied with how we have managed our Voids and Lettings Service or is dissatisfied with the service provided under another service covered by this policy is able to submit a complaint using our Complaints process. Once our Complaints policy is complete and if they remain dissatisfied then they can contact the Housing Ombudsman.
8 - Review
All policies should be reviewed every 3 years, or sooner if there is a specificlegislative, regulatory or service requirement or change in guidance, law or practice.