Agenda item

This report will follow in supplementary papers after it has been published for the meeting of the Executive Committee (due for publication on Friday 28 August 2026).

The Committee considered a report on the Housing Decant Policy which set out how the Council would support tenants and leaseholders where it was necessary to move them into temporary accommodation. The Policy outlined the arrangements that would apply in different circumstances, including the Council’s financial and legal obligations. It also detailed the compensation available to tenants who were permanently displaced as a result of demolition or major refurbishment works, referred to under home loss and disturbance payments.

The Committee was informed that decants were currently most commonly required on a short-term basis, for example following damp and mould issues, fire or flood incidents. The Policy had been developed to provide greater detail than was previously contained within the Housing Management Policy and reflected the increased requirements arising from Awaab’s Law. The updates to legislation placed stricter expectations on landlords to address hazards within properties and, where necessary, to move tenants to alternative accommodation while works were undertaken.

The Housing Decant Policy brought together the relevant housing law and sector good practice, clarified responsibilities for staff and tenants, which enabled clarification on many important details and reduced the risk of inconsistency or legal challenge. Members requested that the existing provisions on decant within the Tenancy Management Policy should be presented alongside this new Housing Decant Policy to enable Members to make comparisons between the Policies. It was agreed that this would be provided as part of the updated report going to full Council.

Members asked where households would be placed when larger family accommodation was already in high demand. Officers advised that the Council held approximately 40 dispersed temporary accommodation units, generally with one or two bedrooms. Where necessary, a suitable void property could be prioritised temporarily before reallocation, although it was highlighted that there was a large waiting list for council housing which meant this option was not always possible. For short urgent periods, hotel or bed-and-breakfast accommodation, or more than one dispersed unit where appropriate, could be used. However, every effort was made to ensure that families, especially with young children, were not split into separate accommodation units.

Communication and notice periods were discussed. Officers explained that in the event of emergency moves following a fire, flood or other serious hazard, a decant might need to take place immediately, and the notice periods stated in the policy could not be adhered to. However, when the move was as a result of planned major programmed works, there would be a longer notice period and a named officer would be in place to support the household. Assistance could include coordinating the move, arranging utilities and meter readings, transport, furnishings and other practical needs.

During discussion, it was explained that tenants would not be charged rent on the temporary property because rent on the substantive home would usually continue. Officers undertook to clarify the Council Tax arrangements that applied during a temporary decant but explained that households would not be expected to pay Council Tax on both properties in case of a decant.

Members requested information about the scale of decanting within Redditch. Officers estimated that there were five or six households in decant accommodation at the time of the meeting, although the number fluctuated and could be affected by seasonal property problems or problems identified during tenancy visits undertaken by housing officers. It was agreed that Members would be provided with recent annual figures showing the number of households decanted and any identifiable trend.

The legal status of decant temporary accommodation was considered. It was noted that during the decant, tenants retained their secure tenancy and rent liability for their substantive ‘decanted’ home, whilst the temporary property was occupied under a decant licence which legally did not grant security of tenure. Tenants were legally obliged to return to their substantive property once works were satisfactorily completed and, as social housing landlord, the Council could take legal action in relation to this matter. It was noted that the Council had discretion to allow permanent moves in exceptional circumstances where this was deemed appropriate.

Members expressed concern that the Policy used complex language in relation to a subject that could be highly stressful to tenants. Officers explained that some legal terminology was unavoidable but agreed that the Council should test the wording and clarity its housing policies with tenant panels and consider plain-English tools, visual material and alternative formats, to support tenants with understanding its policies.

Members asked why the Policy was being introduced at this time and whether this anticipated any major housing redevelopment that would adversely affect council tenants. Officers confirmed that no housing demolition programmes were planned and that the Council was actively seeking to increase its housing stock through new building and property acquisition. It was explained that the Policy was required to close an existing governance gap as it was felt a specific decant policy was required to respond to increased regulatory and safety duties, for example changes to designation of category one hazards.

The Committee also discussed introductory tenants and tenants subject to an outright possession order. Introductory tenants were normally within the first 12 months of their tenancy and did not yet hold a secure tenancy. They would normally be excluded from home-loss payments, although the Council would still provide appropriate practical support when necessary. A tenant subject to an outright possession order had lost tenancy rights and would not normally be provided with decant options. Officers accepted that emergency and short-term circumstances might require a pragmatic response and agreed to review whether the policy should explain this more fully. It was agreed that Officers would review the wording concerning tenants subject to an outright possession order and consider whether further detail should be added in the Policy on emergency or short-term support.

Following consideration of the report, the Committee endorsed the report recommendations as printed.

RECOMMENDED that

1)    The Housing Decant Policy be approved.

2)    Authority be delegated to the Assistant Director of Community and Housing Services and Assistant Director of Environmental and Housing Property, following consultation with the Portfolio Holder for Housing, to agree any revisions to the Housing Policies following the consultation and in line with any legislative or government guidance updates.