1. Where an owner of the property wishes to move because otherwise, he or she and/or other family members (especially children) face a demonstrable threat of violence or of significant harm for example, due to:

• relationship breakdowns involving actual or threatened domestic violence.
• racial, religious, homophobic or any other kind of harassment
• extreme anti-social behaviour, such as persistent drug dealing in an adjoining or nearby property

The following evidence will need to be provided to support any request:

• police reports – to clarify reasons for recommending a move due to threat/harm to life.
• school referral – evidence required on why a move to alternative area would be supported in the circumstances of bullying or harm to life

2. Where the sudden onset of a severe medical condition or serious deterioration of an existing condition makes a move essential on medical grounds. Or:

• where a traumatic personal event, for example sudden bereavement, makes a move essential for emotional or psychological reasons
• doctor or psychiatrist reports – support required for leaseholder to be near family or friends

3. Where an early move is essential to return employment: for instance, where an individual has a firm offer of a job in another area and would thereby be able to return to work:

• after long term unemployment, or after having been made redundant, when his/her skills are such that there is no prospect of getting another job locally. 
• letter/offer on employment - relocation to another area due to offer of work

In addition, the following checks should be completed to support the decision to waive the repayment of Right to Discount:

• Aafordability check is completed to establish whether the repayment of discount would demonstrate further hardship on securing another property due to any of the circumstances mentioned above.

London Borough of Barking and Dagenham will utilise our discretion as landlord under Section 155 of the 1985 Housing Act to adopt a Right to Waiver policy. 

It is envisaged that this power will only be used in exceptional circumstances, and that landlords will have procedures in place to consider and decide requests that discretion should be exercised. The consideration process should be open, fair and transparent, bearing in mind that decisions may be subject to judicial review and/or to scrutiny by the Local Government Ombudsman or Housing Ombudsman.

It will be for landlords themselves to decide what procedures to use, and whether or not such decisions should be subject to review and, if so, by what means. Requests could be determined by means of written representations, or by a formal hearing of the parties (in which case the applicant should have the option of appearing with a representative or advisor).

Financial implications

It is envisaged that former landlords will only exercise their discretion in cases where the former tenant cannot afford to repay part or all of their discount.

In most cases a decision by a former landlord not to demand repayment will lead to a net cost to the public purse. Landlords must remain aware of the need to fulfil their fiduciary duty in a way which is accountable to local people. In cases where the former landlords are registered social landlords (for example, where the former tenant bought under the Preserved Right to Buy), they should bear in mind that, under the Homes and Communities Agency’s regulatory code, they are required to protect public money.

All requests, with accompanying documentation should be sent to the Section 151 Officer for approval and sign off before agreement sent to leaseholder.