Market Rent Homes Policy

1.1 To be considered for a market rent home you must meet the eligibility criteria.

1.2 We will advertise any vacant market rent homes using a recognised and reputable lettings agency. The agents will find suitable applicants, carry out viewings and an affordability assessment on our behalf. We will however conduct the viewing and signing of the tenancy agreement.

This is a Delta Housing policy which applies solely to customers with a legacy Estuary Housing
Association tenancy. For the purposes of this policy, references to “Estuary” should be understood
as references to Delta Housing Ltd, regarding those customers.

2.1 To be eligible for a Market Rent tenancy you must:

1. Be over 18 years of age
2. Have sufficient income from employment or welfare benefits to prove affordability to pay rent and other household costs.
3. Have a good credit history and must not have any County Court Judgements against you.
4. Be able to pay one month’s rent in advance as a deposit and the rent amount due from the tenancy start date to the end of that month.
5. Not be exempt from holding a tenancy by your immigration status (Right to Rent).
6. Not to have any unspent convictions relating to any violent act, anti-social behaviour or fraud. Not be a schedule 1 offender or be listed on the sex offenders register.
7. Not have a conviction for using accommodation or allowing it to be used for immoral or illegal purposes.
8. Not have any current or former rent arrears with us or any other landlord.
9. Not have been served with a Notice Seeking Possession, or had any legal action taken against you for a breach of tenancy within the last 5 years.
10. Not own or have a legal interest in any residential property.
11. Not already hold a tenancy elsewhere, unless you are going to give up that tenancy as part of accepting our Market Rent home.
12. Use our home as your only and principal home and not sublet any part of the accommodation.

2.2 We may make exceptions to the above for the following only:

1. Where you are currently an EHA general needs tenant who has received approval through our Complex Case Panel to move with arrears, or if we have identified at a tenancy review that your home is no longer affordable and have agreed to move you.
2. Where a home you own is unsuitable for you, this home is being sold and there is insufficient equity in the property to afford a suitable home.

3.1 There are no restrictions regarding the size of accommodation you can apply for. However, we will not allow overcrowding the home and the property must be affordable. We will base the definition of overcrowding for the purpose of this policy on our permitted number of people for a specific home rather than the legal definition. 

3.2 We will offer joint tenancies to all couples. Couples who are married or civil partners will be offered a joint tenancy regardless of how long they have lived together. Co-habiting couples who can prove they have lived together for at least 12 months will also be offered a joint tenancy. For other family members a sole tenancy will usually be granted in all other circumstances. 

3.3 Where applicants are friends, we may consider allowing a joint tenancy if both meet the eligibility criteria and understand they will be jointly and severally liable for the conditions of tenancy. 

3.4 We expect accurate information to be supplied by applicants to the letting agency and ourselves so we can make informed decisions allocating our homes. We will withdraw any offer made if information is found to be misleading or incorrect.

3.5 Viewings of our properties will normally be carried out by our Agent to allow for evening and weekend viewings. The Agent is responsible for carrying out the credit referencing and an affordability assessment. This information will be supplied to us as part of the application and assessment process where applicants wish to be considered for the tenancy.

3.6 Upon receipt of this information we may carry out our own full affordability assessment. If the rent is more than 40% of an applicant’s income it will usually be deemed not affordable and the application will be declined.

3.7 Any applicants considered suitable by the agency will be put forward to us for approval. Where there is more than one applicant, we will generally choose those most suited to the home i.e. family sized accommodation being let to families rather than single occupants. 

4.1 The successful applicant will be required to pay one month’s rent in advance as a deposit to the letting agency, unless they have opted for the Zero Deposit Scheme. They will also be required to the rent due from the tenancy start date to the end of that month. 

4.2 For future rent payments we will encourage customers to set up a direct debit or standing order. We may consider other payment methods in discussion with the applicant. 

4.3 We operate a first of the month rent policy. Subsequently, if the tenancy is due to start on or after this, the daily rent will be pro-rota for the remaining days of the month. 

4.4 All Landlords and Agents who collect a deposit are required to join a statutory deposit scheme. This means a tenancy deposit will be protected and tenants will have the right to an alternative dispute resolution service (ADR), to resolve any disputes should they arise. Customers, who have kept the property to the required standard, leave no arrears or rechargeable repairs will receive all their deposit. Those that have not met this standard or have arrears will not receive their full deposit as deductions will be made to cover charges or arrears. 

4.5 In the event of a dispute the deposit will be held by the scheme until the dispute is resolved. In the case of joint tenants, they must agree from the outset who will act on their behalf regarding any communication with the ADR service. 

4.6 Rent must be paid in advance as per the conditions of tenancy. We will generally not accept rent arrears on a market rent account unless there are exceptional circumstances. Where arrears accrue, we will follow our Income Management Policy.

4.7 Each year we will assess the market rate for these homes, and the rent will be adjusted accordingly. The rent will not go up more than once a year.

4.8 Where a home becomes empty, we will again assess the market rent for this home. This means rent for the same homes may vary. 

5.1 Where any tenant, a member of their household or visitors to the property breach condition of the tenancy we will discuss this with the tenant and request this behaviour stops or the breach resolved.

5.2 If the breach continues or is serious, we will serve a Notice of Seeking Possession on the appropriate grounds of the Renters Rights Act 2025. Where there is no improvement, we will seek possession through the Court. However, possession action will be postponed where there is an undertaking that the breach will not occur again and there are no further incidents. 

6.1 From the 1st May 2026 all assured shorthold tenancies automatically convert to assured tenancies following the implementation of the Renters Rights Act 2025. Any tenancies issued by us after the 1st May 2026 will be assured tenancies. The tenancy will therefore run indefinitely unless ended by the tenant or us.

6.2 Where the tenancy agreement does not state the notice period and a tenant wishes to end the tenancy, they will be required to give two months’ notice. We may be able to reduce this but there will always be a minimum of one months’ notice. 

6.3 Notice from the tenant must be in writing, giving the correct notice period. We will arrange to carry out an inspection of the home. During this inspection we will advise what is expected in order that their deposit is fully refunded. This may include cleaning, decorating or replacing broken items. We will advise how to return the keys. 

6.4 Where customers have failed to ensure the property is returned in the required condition, or there are arrears the deposit will be used to covers these costs. Any remaining deposit will be returned to the customer. Where the deposit is not sufficient, we will request payment from the customer to cover the arrears/costs. 

6.5 Vacant possession must be provided at the end of the tenancy. This means no people can remain after the notice has ended and all customers possessions must be removed. 

6.6 Where we wish to give notice to end the tenancy we will use serve a Notice Seeking Possession using the appropriate grounds and notice periods under Renters Rights Act 2025.

7.1 We will contact you in the first week of your tenancy to discuss rent payments and set up a direct debit. We will contact you again at around six weeks and three months to ensure you have settled into your new home.

7.2 During your tenancy we may need to carry out an inspection of the home or complete safety checks. You will be given reasonable notice of these and will be required to give access. We will only not give notice in an emergency and there is risk to your home or that of others i.e. gas leak. 

8.1 We will not accept liability for customers contents or any damage caused by customers. We will strongly advise customers to take out suitable contents and damage insurance policies.

9.1 We are committed to embedding equality, diversity and inclusion in the heart of our work.

9.2 We understand that customers wish to be empowered in the way they pay rent and service charges to us. We aim to provide a service that addresses the unique needs of each customer and actively work to eliminate disparities within our processes. We will work with customers to understand their individual needs and provide support or refer to specialist support services to assist them to make payments to us to sustain their tenancy or lease.

9.3 We make our services and information accessible, including offering documents in different formats or language where needed. Our staff receive regular training, so they are equipped to support customers, and we listen to feedback to help shape our services and make sure they are accessible and inclusive. 

10.1 We are committed to collecting personal information lawfully, fairly, transparently, and storing it securely in accordance with our Data Protection Policy, the UK GDPR, the Data Protection Act and any subsequent or related laws that apply to the Association and its subsidiaries. 

10.2 Personal data collected or processed for income management purposes which can include but is not limited to rent collection, payment arrangements, arrears management, and financial support, will be used only for legitimate business purposes according to our lawful bases. We will only collect information that is relevant and necessary for these purposes and will store it securely as required under our data protection policy.

10.3 Further information about how we collect, use, and protect personal information can be found in our Privacy Notice, which is available on our website or upon request.

10.4 If you have any questions or concerns about how we handle your personal data, you can contact our Data Protection Officer by email at dpo@estuary.co.uk or by writing to the Data Protection Officer at our registered address. 

11.1 We may need to share limited and relevant personal data with third parties to administer our rent and service charges effectively and management our market rent homes. Information will only be shared where it is necessary for the purposes of calculating charges, managing accounts, recovering arrears, fulfilling our contractual and statutory obligations, or ensuring customer safety. All information sharing is carried out in accordance with our Data Protection Policy, the UK GDPR, and the Data Protection Act. 

11.2 We may share information with the following parties:

1. Local Authorities and Statutory Agencies For administering Housing Benefit, Council Tax Reduction, Universal Credit housing costs, or where required for safeguarding or fraud prevention. Data that may be shared: tenancy details, rent and service charge information, arrears balances, payment history, occupancy and household information where relevant. 
2. Metering, Billing and Utility Services For schemes where we manage communal heating, water, electricity, or other metered/communal utilities; and where billing agents require data to raise accurate service charge accounts. Data that may be shared: name, address, meter and consumption information, occupancy status, forward address for final bills where applicable. 
3. Contractors, Managing Agents or Letting Agents. Where work relating to property access or verification of services delivered (e.g., grounds maintenance, cleaning, communal electricity checks). Data that may be shared: name, property address and access instructions, and information strictly necessary for the delivery or audit of communal services. 

• Pre-Action Protocol and associated legislation
• RSH Regulatory Code
• Housing Act 1985
• Housing Act 1988 
• Localism Act 2011
• Renters Rights Act 2025
• UK General Data Protection Regulation (UK GDPR)
• Data Protection Act 2018
• Protection from Eviction Act 1977 
• Equality Act 2010 
• The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
• Money Laundering and Terrorist Financing Regulations Renters Rights Act 2025

• Income Management Policy
• Income Management Procedure
• Tenancy Policy
• Lettings Policy Anti-fraud, Bribery, Corruption and Money Laundering Policy
• Rent & Service Charge Credits and Refund Policy
• Rent Setting Policy
• Data Protection Framework
• Delegated Authorities
• Complaints and Feedback Policy 

This Policy will be reviewed at least every three years, or sooner where significant changes occur in relevant regulatory, legal or operational requirement