About your Tenancy
- What is a tenancy agreement?
- Who else does the tenancy agreement apply to?
- What rights do I have as a tenant?
- What are my responsibilities as a tenant?
- What are the Trust's responsibilities as a landlord?
- What happens if I break any of my tenancy conditions?
- How do I end my tenancy?
It is a legal document signed by you as tenant and by your local Manager. It forms a contract between you and us, which gives us both rights and responsibilities. If you live in retirement housing you will also be asked to sign a support agreement outlining the support you will receive.
Who else does the tenancy agreement apply to?
The conditions of the tenancy apply to everyone who lives in the home. This includes children, relatives, friends or guests living or visiting your home. You will be responsible if they break any terms of the tenancy.
If two or more people share a property we will usually create a joint tenancy. This means that each individual is a tenant with full and equal rights and responsibilities. If one person gives us notice that they want to leave, this ends the tenancy. If the other person wants to stay we have to decide whether to create a new tenancy.
If you want to add someone to the Tenancy Agreement you will need to let us know. We would usually agree, subject to certain conditions, such as the length of time you have lived at the property and not being in breach of any of your tenancy conditions.
If you are married or living together in a relationship and you decide to seperate, please let us know as we have guidelines for helping in this situation. However, the courts might decide who can keep the tenancy.
What rights do I have as a tenant?
Most tenants have an Assured Tenancy with the following rights and responsibilities. If your tenancy started before January 1989 you are likely to be a secure tenant. You will have very similar rights except for the setting of your rent.
A small number of tenants will have been granted Assured Shorthold Tenancies where your rights will be slightly different. You will have been advised of these rights at the start of your tenancy, but if you need to check any of the details please contact your local Manager.
Right of security of tenure
You can stay and occupy your home without interference from the Trust. This is provided you keep to the terms of the tenancy agreement and respect the rights of other tenants and neighbours and live there as your main and principal home.
However, we may need to gain acces to your home to carry out repairs and inspect the property. We will always give you resonable notice unless it is an emergency.
Right to share or pass on your home to others
You have the right to take in lodgers and sublet a part of your home. You can also pass on your home in a range of circumstances. For more information on sharing your home with others, please click here.
Right to exchange
You have the right to exchange properties with a tenant from a local authority or another Association. Further details can be found in the section on Moving Home.
Right to repair and carry out improvements
If we do not carry out repairs within an agreed timescale and to your satisfaction, in certain circumstances you have the right to organise your own repairs. If you carry our improvements to your home that have been approved by the Trust you may be entitled to compensation for the work when you leave the property. For further details, refer to the section about Repairs and Maintenance
Right to consultation and information
You are entitled to be consulted about changes that affect you and your home. Details of your entitlements within our Customer Involvement Policy can be found in the section Getting Involved.
Right to complain and obtain compensation
If you are not satisfied with the service you receive from the Trust, you are entitled to complain. See the section on Make a complaint
Right to Acquire
Under the 1996 Housing Act certain tenants whose homes were built after April 1997 may have the Right to Acquire (as a tenant of a charitable association you do not have the Right to Buy). Our Customer Service Centre Advisors can provide you with details of your individual rights.
Right to succession
There is a right to succession attached to your tenancy, which may be passed on to a relative or a joint tenant. For more information on the right of succession, please click here.
What are my responsibilities as a tenant?
You are responsible for:
- paying your weekly rent and service charge 4 weeks in advance
- living in the prooperty as your main/principal home and not to assign or sublet the whole property
- keeping the home and garden in good order and intended decoration
- making good any damage and reporting repairs
- notovercrowding the property
- allowing access for repairs or the welfare of tenants of retirement housing
- advising us if you leave the property for 30 days or more
- respecting your neighbours and not causing nuisance or harassment
- not using the property for any illegal or improper activities
- obtaining written permissino from the Trust if you need or want to do any ofthe following:
- keep a pet
- put up a satellite dish
- carry out a business from home
- carry out repairs/improvements
- giving us 4 weeks notice when you plan to move house
- leaving the property in good condition
What are theTrust's responsibilities?
We are responsible for:
- reviewing the rent, service charge and other charges
- carrying out repairs to the structure,exterior and any communal areas of your property plus any installations provided by the Trust
- paying the relevant authority any amounts due and paid by you to the Trust, for example rates
- giving you possession of the property, not interrupting your right of peaceful occupation and exercising our duty of care to ensure your quiet enjoyment of your home
- informing you about our policies and procedures
- respecting your privacy and acting in accordance with Data Protection laws and our confidentiality polciy
- providing any services which are included in the tenacny agreement, for example cleaning communal areas
What happens if I break any of the tenancy conditions?
We will contact you either by telephone, letter or visit to discuss this with you.
If you are in rent arrears, we will provide advice on housing and other benefit entitlement OR, if you are in dispute with your neighbours about noise or other nuisance, we will give you information on measures you can take to resolve the problem and, where appropriate, assist with mediation.
However, if the situation does not improve and you continue to break any of the terms of your Tenancy Agreement, we can go to Court to obtain an injunction, Anti Social Behaviour Order (ASBO) or request that the judge grants us possession of your home.
We cannot evict you without first going to court to obtain a possession order, which would be our very last resort.
Your Tenancy is a legal agreement and can only be ended by a court order or by you giving us proper notice - so it worth planning ahead if you are intending to move.
The notice period required is calculated as follows:
- Weekly tenancy - 28 days notice
- Monthly tenancy - 1 full calendar month
- In the case of death, the notice period may be reduced to 14 days, if requested
Unless you give the required notice, you will still be liable for the rent and the condition of the property, even if you have moved out.
To give notice you will need to complete our Notice to End Tenancy Form and return it to us as soon as possible. It is imperative that you return this form duly signed and dated as it is legal requirement under the terms of your tenancy that an authorised signature(s) be obtained in order to end your tenancy.
Once you have given notice, you can use our Tenancy End Checklist for advice on what to do next.
