PROPOSED TENANCY TERMS AND CONDITIONS
1.
WHAT DOES YOUR TENANCY AGREEMENT MEAN?
1A
It means that there is an agreement between you, as the tenant, and the Council as the landlord. Being a tenant
means that you have responsibilities as well as rights. Your tenancy agreement (the legal document you sign)
will say whether you are a lifetime secure tenant, a fixed term tenant, an introductory tenant, or a non-secure
tenant and these conditions will apply to all types of tenancy. The rights of the different types of tenants are
outlined in these terms and conditions and the associated Housing Acts.
1B
If you are a lifetime secure tenant this means you have a tenancy which is granted for a fixed period of one week
from the date on which it starts and will continue thereafter as a weekly tenancy subject to the right of the Council
and the tenant to end it in accordance with the tenancy terms and conditions. Being a secure tenant means that
you can keep your home unless there is a reason for the Council to take possession of the property and the court
agrees with those reasons. The legal reasons, called grounds for possession, are set out in the Housing Act
1985.
1C
If you are a fixed term tenant this means that the Council has offered you a tenancy which is secure but limited to
a period of 5 years. This Council is able to offer this type of tenancy under the Housing Act 1985 and it is referred
to in that Act as a “flexible tenancy”. In these terms and conditions any reference to a fixed term tenant or fixed
term tenancy is intended to have the same meaning as a reference to a flexible tenant or flexible tenancy as
defined in that Act. If you are a fixed term tenant the Council has the legal right not to grant you a new tenancy
at the end of the fixed term. A review will take place 6 months prior to the end of the fixed term tenancy: The
Council gave you a formal notice at your sign up meeting which told you about this and more information is in the
Council’s Tenancy Strategy. If the Council does not intend to grant you a new tenancy you will be given written
notice, not less than 6 months before the end of the fixed term, stating that the Council does not intend to give you
another tenancy and giving you the reasons why not. You will have the right to a request a review of that
decision within 21 days of receiving the notice and the Council will assess your request for a review in line with its
Tenancy Strategy. On or before the last day of the fixed term the Council will give you not less than 2 months
written notice stating it requires possession of the property you are in.
1D
If you are an introductory tenant, your tenancy will last for a 12 month trial period (unless you were an assured
shorthold tenant of a registered provider of social housing immediately before being offered the tenancy - if this is
the case, your time in this tenancy will count towards your introductory tenancy period and you will be advised of
the length of your introductory tenancy, and of the type of tenancy that will follow).
 If you do not break any of the tenancy conditions during this time you will automatically become a secure or
fixed term tenant.
 If, during your introductory tenancy, you do break any of the tenancy terms and conditions, the Council will
take action to extend or end your introductory tenancy.
1E
If you are a non-secure tenant, your tenancy is neither a secure, fixed term or introductory tenancy.. A non-secure
tenancy may be granted, for example, if a property is let to you temporarily.
YOUR TENANCY
1F
At your sign up meeting with the Council you were told whether you are a secure tenant for life or fixed term
tenant. or a non-secure tenant or an introductory tenant..
1G
Joint tenants are individually and jointly responsible for keeping to the tenancy terms & conditions. This would
mean, for example, that any individual joint tenant is legally responsible for the total arrears (missed payments)
on the rent account and the tenancy terms & conditions.
1H
From time to time the Council shall need for audit purposes forms of evidence of your identity including
photographic evidence. You agree to allow the Council to take a photograph of you and provide such other
forms of identification as the Council may reasonably request during the term of the tenancy.
1I
You must co-operate with the Council’s tenancy audit programme carried out to check that you are living in your
home as your only or main home. You must:
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make yourself available for an interview at your home with the Tenancy Audit Officer and Housing Compliance
Officer for the purpose of carrying out the tenancy audit;
allow the Tenancy Audit Officer and Housing Compliance Officer into your home to carry out a reasonable
inspection.
1J
If you fail to comply with the terms and conditions listed you may receive a Community Protection Notice which if
not complied with could result in the service on a Fixed penalty Notice (fine).
2.
YOUR RENT AND OTHER HOUSING ACCOUNTS
YOUR RESPONSIBILITIES
2A
Your rent and charges must be paid to the Council on a weekly basis, every Monday in advance by Direct Debit.
Before the commencement of each financial year the Council will notify you of the weeks in that year when your
rent and charges due to the Council are payable.
2B
You must also pay the Council any rent and charges you owe for any previous homes where you had a council
tenancy or licence. You must pay any debts you owe the Council as soon as the Council tell you about them, but
the Council will enter into reasonable negotiations about repaying debts in line with the following understanding:
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It is your responsibility to negotiate with the Council when you are in debt.
The Council will consider recommendations from money advisers when setting repayment amounts.
The Council will change the standard repayment levels from time to time. The Council may use any money the
Council owe you to repay rent or other debts you owe the Council, as long as the Council has recorded the
debt on your rent account or on any sub-accounts. (These are accounts linked to the main rent account which
gives details of associated debts, such as court costs, debts from other tenancies and so on).
2C
If you do not pay the rent and charges when they are due, the Council can go to court to get a legal order to
evict you from your home.
2D
The Council can vary the amount of rent you must pay by giving you four weeks’ notice in writing.
2E
The Council is not required to give you notice of any change to the water service charges, heating charges or
other charges. The increase will apply from when the Council tell you,.from the date on which the increase
becomes payable
2F
If an agreement to repay the arrears is not possible or is broken, the Council will take legal action which
may include eviction.
2G
The Council reserve the right to vary both the frequency when rent, water services charges and other charges are
due, and the methods of payment.
3.
YOUR BEHAVIOUR TOWARDS OTHERS
YOUR RESPONSIBILITIES
Nuisance, Crime and Anti-Social Behaviour
3A
You, as a tenant, are responsible for the behaviour and actions of any person (including children) or pets
living in your household or visiting you. You are responsible for behaviour taking place in your home, in
shared areas (lifts, entrance halls, stairways and so on) or in any part of the area around your home.
3B
You, or anyone visiting or living with you (including children & pets), must not cause or behave in a way
which is likely to cause nuisance, annoyance, alarm, harassment or distress to:
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3C
anyone living in, working in or visiting the area;
any other council tenant;
any Council employees, including employees within the housing department and any employee of the
Council’s agents;
any of the Council’s contractors who are doing any work in the area around your home
anyone who is carrying out lawful activity in residential premises or in the area around these premises
.
Nuisance, annoyance, alarm, harassment or distress includes:
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using or threatening to use violence, abuse (verbal or otherwise), offensive drunkenness, drug abuse, arguing,
any action which is likely to cause offence, distress, nuisance or alarm, or any other form of harassment;
blocking of any of the shared areas of the estate, doorways and other exits and entrances in the block and on
the estate;
leaving possessions and other items outside your front door and/or in the shared communal area causing it to
become cluttered and having a detrimental effect on the quality of life of those in the locality
playing ball games on any part of an estate
making an unreasonably loud noise including by shouting, screaming, slamming doors, playing any musical
instrument or sound-reproduction equipment (including TV, radio or hi-fi), or otherwise making any
unreasonable noise;
any conviction of noise or other nuisance under the Environmental Protection Act 1990 (or similar legislation);
and
anything you do or do not do which affects the wellbeing of any person living or working in the area.
feeding pigeons, squirrels, foxes or any other wild animals outside the property including balconies, communal
areas and the locality
using your home, any part of the shared areas, or any part of an estate for illegal or immoral purposes (for
example, prostitution, drug dealing or any other criminal activity);
damaging or otherwise vandalising any part of the area, including shared areas, of the estate or any council
property, office or other premises (the Council will charge the tenant responsible for the cost of the repair or
replacement
damaging or otherwise interfering with any security or safety equipment (for example, damaging the door entry
or CCTV equipment, or jamming open security doors); or
putting at risk the safety of the people living in the block, for example, by letting in strangers without proper
identification.
3D
You must make sure that you put any rubbish in the containers provided for this purpose and that material for
recycling is separated and put into the appropriate container for each material. You must not dump rubbish in any
shared areas or on any area of the estate.
3E
You, or anyone visiting or living with you, must not harass any other person. This includes harassment
because of a person’s:
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race, colour, national origin
religious beliefs
gender
sexual orientation
disability or illness
age
transgender
marriage or civil partnership
pregnancy or maternity
3F
You, anyone visiting or living with you must not commit, cause, or aid and abet any criminal offence
which is of a serious nature and impacts on individual safety, community safety or community cohesion.
3G
You, or anyone visiting or living with you must not commit, cause or threaten any violence against a
member of your household which would justify that person leaving the premises. This includes Domestic
and Sexual Violence.
The Council will consider that you have broken this condition if amongst other things:
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you have been convicted of an ‘offence against the person’ on a member of your household; or
a court order has been made against you either to leave the premises, temporarily or permanently, or
concerning your future behaviour towards a member of your household.
Pets
3H
You must get the Council’s permission in writing before you keep large domestic pets (for example, dogs and
cats). You must look after your pets and keep them under proper control. This includes (but is not limited to)
making sure the animals do not cause any nuisance to neighbours or other residents by creating noise nuisance,
fouling any area of the estate, or causing neighbours or others to be concerned about their safety. The Council will
take account of the type of pet you have and the type of property you live in when considering permission for the
number of pets you can keep.
3I
You or anyone living with or visiting you must not keep any dog that is listed in or fits the description of any dog in,
the Dangerous Dogs Act 1991. This includes the following four types of dog that are banned under the dangerous
dogs act. i.e. Pitbull Terrier, Japanese Tosa, Dogo Argentino, Fila Brasilieiro
3J
You must not allow any dog living in your home to cause a nuisance to anyone in the borough, including our
employees, agents, contractors. You must clean up after your dog (unless a guide or assistance dogs) and
dispose of the mess hygienically.
3K
You must not keep dogs on balconies or in shared areas, communal gardens or any council owned land.
3L
You or anyone living with or visiting you must not breed animals for sale, or keep animals with express purpose of
sale. You may not use your property to sell animals or as a pet shop.
3M
You must not allow any animal which is dangerous or unsuitable (such as those defined by the Dangerous Wild
Animal Act or poison creatures and livestock) in the property (including gardens), outbuildings and in shared or
communal areas.
Vehicles
3N
You must not:
 park any motor vehicles, caravans or trailers on the Council Estate unless you have a garage or designated
parking bay provided by the Council
 Cause damage to our buildings, walls, fences, roofs, shared areas, grassed or landscaped areas ( including
damage caused by vehicles)
 carry out car repairs, sell cars, park or otherwise use your vehicle in any way that would cause a nuisance to
the Council or other residents. Added ‘sell cars’
 You must not keep mopeds or motorcycles inside your home or in any shared areas. You must not put pedal
cycles where they can cause an obstruction or fire hazard.
 fly or operate any drone or similar such device over neighbours’ gardens or open spaces and estates
The Council will consider that a vehicle is causing a nuisance if (among other things) it is:
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parked in a way that causes an obstruction to pedestrians or other vehicles; or
abandoned anywhere on the estate
REPAIRS AND ALTERATIONS TO THE PROPERTY
YOUR RIGHTS
4A
The Council will maintain the structure, outside and shared areas of your home, including drains, gutters and
outside pipes. The Council will maintain entrance halls, stairways, lifts, passageways, rubbish chutes and other
shared areas, and make sure they are safe for you, your family and any visitors to use. The Council will keep the
lighting in shared areas in reasonable working order.
4B
The Council will maintain:
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the installations for supplying water, gas, electricity and sanitation; and
installations for space heating and heating water.
4C
The Council will decorate the outside of your home and the shared areas in the block when necessary.
4D
The Council will carry out the repairs that the Council are responsible for within a reasonable period of time of you
telling the Council about them.
4E
There are special circumstances when the Council has the legal right to take possession of your home because
the Council needs to do repair work. They are as follows:
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4F
If you need to leave your property while major repairs or redevelopment is carried out, or because it has to be
demolished, you will normally receive a fixed amount of compensation or help with the cost of moving (or
both). The Council will offer you suitable alternative accommodation, and the move could be permanent or
temporary (whatever the Council decide).
If you agree to a temporary move the Council have the right to take possession of the temporary
accommodation when the Council have finished the work on your original home.
You may have to pay the cost of renewing any door that has been damaged by the when exercising their powers
to force entry to your property, garage or any other adjoining or associated building
YOUR RESPONSIBILITIES
4G
If you are a secure or fixed term tenant, you may make improvements, alterations, and additions to your home at
your own expense, including but not limited to laying laminated flooring, (although not above ground floor & such
flooring must not be glued or permanently fixed to the existing floor surface) as long as you get the Council’s
permission in writing and all other necessary approvals first (for example, planning permission and building
regulation approval). This includes putting up satellite receiver dishes. The Council will not refuse permission
without good reason.
4H
You must not make any changes to the structure of the property including its fixtures, fittings, doors, boundary,
fence, wall, loft or roof space or anything connected with providing services to the property without getting
permissions in writing beforehand. if we give you permission, we may set certain conditions that you must meet.
these conditions may include getting planning permission and building control approval. Your landlord’s approval
does NOT replace such required consents, which maybe additional requirements. once you have completed any
changes to the property, you should remove all rubbish from the property (including garden). You should remove
all rubbish and will be responsible for compliance with such regulations that apply to the disposal of hazardous
material including asbestos. It is advised that all appropriate documentation in respect such as disposal is retained
by the event. Unless your letter granting permission says that your landlord is responsible.
4I
Tenant installed flower beds, garden paving, and similar garden features must not breach the damp proof course
to your home, block access to drain covers, manholes or similar access points.
4J
If you want to install a gas fire or other appliance you must get our permission before you start any work. If you do
install a fire with permission you must allow us to inspect the complete work, and you must provide a copy of a
valid gas safety certificate commonly referred to as a CP12.
4K
Gas appliances must be installed by a qualified gas safe-registered person, such work may also require the
approval of building control and our consent.
4L
In the interest of safety, you must not remove or replace any existing fire door without our permission as it may
invalidate our fire safety agenda and increase fire risk.
4M
You must tell the Council as soon as you become aware of any repair or maintenance that is needed in the
structure or outside of your home, block or building.
4N
You must allow the Council’s employees, agents or contractors into your home at all reasonable times after the
Council have given you 24 hours’ notice in writing (except in emergencies when the Council will give you as much
notice as possible) for any of the following purposes.
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4O
To inspect the state of any improvements or to generally inspect your home.
To carry out any inspections or other checks on installations, including gas appliances.
To inspect or carry out treatments for getting rid of any infestations affecting your home or your block.
To carry out repairs to your home which the Council are responsible for under these tenancy conditions or
under any Act of Parliament.
To allow the Council to carry out any excavation work, repairs or maintenance, modernisation, improvements,
building or rebuilding to any property or land the Council own.
If damage is being caused to your home or any other property, the Council may need to force entry to your home
to carry out repairs and gas servicing. If the Council have to carry out repairs as a result of damage caused by
your own equipment, such as washing machine, fridge, cooker, the Council will charge you for the work, and for
carrying out the forced entry. You should take out your own contents insurance.
4P
You may be responsible for consequential damage to properties arising from leaks within your home, should you
unreasonably refuse access to landlord representatives when they reasonable access to your home to investigate
or resolves such leaks.
4Q
You must do minor repairs such as unblocking sinks, replacing tap washers and so on. If you cannot do the
repairs because of old age or a disability, the Council may decide not to enforce this obligation.
4R
You must keep the inside of your home including balconies as clean, clutter free and in as good a condition as it
was at the start of the tenancy (except for fair wear and tear).
4S
You must pay for repair or replacement work the Council carries out as a result of damage or neglect to your
home or shared areas caused by you or anybody living with or visiting you. This includes:
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replacing lost door keys or door-entry keys and Fobs;
removing rubbish dumped in shared areas or in the area around your home; and
repairing damage to any area of the estate caused by you or anybody living with you or visiting you.
USING YOUR HOME
YOUR RIGHTS
5A
5B
If you are a Secure Tenant or a fixed term tenant, you have the right to take in a lodger as long as you apply for
permission giving the Council details of any lodger’s name, date of birth, occupation and relationship to you. You
must not deliberately overcrowd the property. If you are in receipt of Housing Benefit, you must inform the
Council’s Housing Benefit Service.
When applying for permission to take in lodgers, you must tell the Council:
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the name, age and sex of the person or people who want to sublet your home or live with you as a lodger; and
details of any meals or other services that will be provided; and
the rent or lodging charges that will be paid.
YOUR RESPONSIBILITIES
5C
You must use your home only as a private home and as your only or main home. If you a secure tenant or a fixed
term tenant but no you longer live in your home as your only or main home, your tenancy will no longer be secure
and the Council will normally seek possession on that basis.
5D
You must tell the Council if you are away from your home for more than eight weeks for any reason and tell the
Council when you are going to return. You must also give the Council a forwarding address during that period.
5E
You must not deliberately overcrowd your property (have too many people living in the home for the number of
bedrooms it has), as defined in the Housing Act 1985. You must tell us if someone has moved into your home.
You must also tell us if you or any member of your household has had a baby, and provide a copy of the child’s
birth certificate.
5F
During your tenancy you must not (either solely or jointly) own or rent any other residential property which it would
be reasonable for you to live in as your home. You must tell the council if you own a residential property or have
another residential lease or tenancy. If you inherit a property this condition can only be broken once you have
owned the property for more than 12 months. In deciding whether you have broken this tenancy condition we will
consider:
 Whether the property is fit to live in
 Whether you have acquired the property for use as a holiday home only and whether it is only suitable for that
purpose
 Whether the property is suitable for your household, taking into account the size of the property, your income
and employment, any disabilities or medical problems you have and any other relevant circumstances
 Whether it would be reasonable in all the circumstances for you to sell the property.”
5G
You are responsible for the upkeep of your garden and must keep it tidy, for example, trimming hedges, not
allowing the garden to become overgrown, not allowing shrubs and plants to overhang onto neighbouring
properties, pavements or roads, not dumping rubbish in the garden, not planting trees that will become large or
allowing them to become overgrown
5H
The Council will charge you for any work the Council carries out to clear rubbish from your garden or any work to
maintain your garden if you fail to do so. In terms of the upkeep of gardens, the Council may decide not to enforce
this obligation if you cannot maintain your garden because of old age or a disability.
5I
You must take reasonable steps to keep the property free from rats, mice, insects and other pests'.
5J
You must also maintain and keep tidy and clear any patio, yard, balcony or any other areas let with the tenancy.
You must keep your grass and lawn cut to a reasonable standard.
5K
You must not:
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use or store in your home liquid petroleum gas (for example, Calor Gas containers, motor bikes), or any other
inflammable or explosive materials or gases;
use firearms (including air pistols and air rifles) or other offensive weapons in your home or the local area; or
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store firearms or other offensive weapons in your home, garden or any outbuildings.
5L
You must not interfere with the supply of electricity, gas, water or other services to your home. This would include
any attempt to tamper with meters. You must also not interfere with the supplies to neighbouring properties or
shared areas to provide a supply to your home.
5M
If you are a Secure Tenant or a fixed tenant a you must get the Council’s permission in writing before
subletting or parting with possession of part of your home. The Council will not unreasonably refuse this
permission. You cannot sublet the whole of your home at any time. If you do, your tenancy will no longer
be secure and the Council will take action to repossess your home and you could face criminal charges.
5N
If you are a Non-Secure Tenant or an Introductory Tenant, you do not have the right to sublet any part of your
home or take in lodgers.
5O
If you are a secure tenant or a fixed term tenant, you must not transfer (assign) or exchange the tenancy without
getting the Council’s permission in writing first. Non-secure tenants and Introductory tenants do not have rights of
assignment or exchange.
5P
You must not use or allow others to use your home for illegal (pirate) radio broadcasts. This would include, for
example, installing, using or storing any equipment related to illegal broadcasting. You must also not use, or allow
others to use, any part of the shared areas or any part of any of the Council’s buildings for the same purpose.
6.
LEAVING YOUR HOME AND ENDING THE TENANCY
YOUR RIGHTS TO END YOUR TENANCY
6A
You can end your tenancy by giving the council at least four weeks’ notice in writing, from the date of service of
the notice (receipt by the Council). The four week period must end on a Monday. The Council can decide to
accept less than four weeks’ notice period but only once a notice has been received referring to at least a four
week notice period. Vacant Possession must be given and the keys returned no later than 12noon on the Monday
your tenancy ends, otherwise you will incur a further weeks rent.
6B
When you leave your home, you must give Vacant Possession by:
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Leaving nobody else living in the property;
Taking all belongings and pets with you; Leaving it in a reasonable condition. Except for fair wear and tear, the
Council may make a reasonable charge for any work needed to put right anything which you would have been
responsible for under this tenancy agreement, including clearing personal belongings or rubbish removal.
It is your responsibility to return the keys and ensure the property is empty, the property cannot be gifted or
passed on under any circumstance.
6C
If you are a joint tenant, either one of the joint tenants can terminate the tenancy (without the consent of the other
tenant) by giving the Council four weeks written notice as described above, however the Council cannot accept
less than four weeks notice unless both joint tenants agree and have signed the notice.
THE COUNCILS RIGHT TO END THE TENANCY
6D
The Council can only end your tenancy with a court order.
6E
If your home is not your only or main home or you have sublet the whole of your home or do not use your property
as your only or principal home the Council will end your tenancy by giving you a notice to quit. This will give you
four weeks notice ending on a Monday.
6F
If you are a secure tenant, the Council can only ask the court to grant a possession order if one or more of the
statutory grounds for possession set out in the Housing Act 1985 exist. The Council will give you a notice seeking
possession. The notice will explain why we want to end your tenancy and tell you the date after which court
proceedings will commence. The grounds for seeking possession include a breach of the terms of your tenancy
agreement, for example, if you don’t pay your rent, you or any other person living or visiting you cause a nuisance
to others (by harassing them, disturbing them with loud music or making other people’s lives miserable by
behaving unreasonably), or you obtained your tenancy by making an untrue statement in your application. The
Council must give you at least 28 days notice in writing of our intention to end your tenancy, except where the
notice is based on nuisance or other anti-social behaviour, in which case the Council can start court proceedings
sooner.
6G
If you are a fixed term tenant, where your tenancy is due to expire, we will review your tenancy 6 months before it
is due to end. The criteria that we will use when carrying out the review is set out in our Tenancy Strategy. We will
tell you if we decide not to grant you a new tenancy. You can ask us to review our decision not to grant you a
new tenancy. We will serve a second notice telling you that we are going to make an application to court for an
order to evict you. We reserve the right to re-enter your home if (a) the rent is unpaid for 21 days after becoming
payable whether it has been formally demanded or not, (b) you have breached the terms of this tenancy
agreement and/or (c) any of the grounds set out in Schedule 2 of the Housing Act 1985 apply.
6H
If you are an introductory tenant and the Council wants to end your tenancy the Council will give you a notice of
proceedings for possession. The notice will say that the court will be asked to make an order for possession and
give the reasons why the action is being taken. It will also tell you the date after which possession proceedings will
start. This will be at least 4 weeks after the notice was served. We will only ask the court for a possession order
against you if you break the tenancy conditions described in this agreement. You can ask the Council to review
the decision to end your tenancy.
6I
If you are a non-secure tenant the Council will give you 28 days notice in writing to end your tenancy.
WHAT WILL HAPPEN TO YOUR TENANCY IF YOU DIE
6J
A tenancy does not automatically end with the death of tenant.
6K
If the secure or fixed term tenant dies and leaves a spouse or civil partner, who occupies that property as his or
her only or principal home that person may be qualified to succeed to the tenancy if the conditions in the Housing
Act 1985 are satisfied in relation to that succession.
6L
If the secure or fixed term tenant who dies leaves no-one who is qualified to succeed in accordance with the
Housing Act 1985 the Council may offer a new tenancy to another person (at the same property or another) in
accordance with the rules set out in the Council’s Allocations Policy (a copy of which is available on the Council’s
website).
6M
If there are no succession rights then the tenancy needs to be ended by the legal representative of the deceased
estate such as the executor of the will or if probate has been obtained those with letters of administration. Being
the next of kin does not give you the legal right to end the tenancy. Where there are no legal representatives of
the deceased estate the tenancy is considered to be held by the Office of the Public Trustee (a group of civil
servants) and to bring the tenancy to an end the Council is required to serve a four week notice which cannot be
varied.
7.
SERVING NOTICES
7A
You may serve the Council with any notice by leaving the notice, in writing, at ……………………………….., or by
sending it there by ordinary post.
7B
The Council will serve any notice on you by leaving the notice at your home or by sending it there by ordinary
post. This includes any notice to quit. If you have given the Council a different address to send you notices, the
Council will arrange to deliver any notice to that address as well.