Handbook for Tenants
a guide to our services
Tenants Handbook
Waveney District Council is committed to equality of opportunity and valuing
diversity in both the provision of services and in its role as a major employer.
We believe that everyone has the right to be treated with dignity and respect.
We are committed to the elimination of unfair and unlawful discrimination in
all our policies, procedures and practices.
We are determined to ensure that no member of the public receives less
favourable treatment on the grounds of their age, child care or other caring
responsibilities, disability, gender, HIV status, language, marital status, race,
religion, sexuality, membership or non-membership of a trade union, or by any
requirement which cannot be shown to be justified.
Printed on recycled paper.
Waveney District Council Tenants Handbook
The Housing Team has produced this Handbook with help from the Tenants’ Forum as
a guide to the services we provide. It describes your rights and responsibilities as our
tenant and the Council’s responsibilities as your landlord.
The contents give you information about your tenancy. If you would like any part of
this Handbook explained we will be happy to help
It contains information about your Tenancy Agreement and will help answer
questions you may have about your tenancy, your home and neighbourhood. The
handbook is a general guide for our tenants, not a legal document (apart from the
Tenancy Agreement) and we have tried to be as clear as possible. From time to time
we may send you advice sheets to update the information.
If you would like further information about a particular subject please contact us. Your
Housing Officer can arrange to visit you at home to discuss your tenancy if you wish.
Waveney District Council Tenants Handbook
Introduction
HANDBOOK FOR TENANTS
Introduction
Contents
Contents
1 How to contact us
2 Emergencies
3 Housing Services
•Identifying staff
4 Rent
•How to pay
• Where to pay
5 Rent arrears
•Benefit fraud
6 U
niversal Credit, Housing Benefit
& Council Tax
•Benefit fraud
7 Repairs:
•Reporting repairs
•Repair priority
•Emergency repairs
•Repairs you are responsible for
8 Adaptations for disabled tenants
9 Anti social behaviour
10 Complaints procedure
11 General Information:
a) Aerials/satellite dishes
b) Buying your home
c) Car parking
d) Dealing with debt
e) Decoration
f) Door entry systems
g) Emergencies
h) Fencing
i) Garages
j) Gardens/grass cutting
k) Gas emergency
l) Insurance
m)Keys, locks & getting locked out
n) Lifts
o) Loft space
p) No Smoking Policy
q) Notice of Seeking Possession
r) Pets
s) Rubbish disposal
t) Sheds
u) Short absence from your home
v) Social Homebuy
w)Sub-letting/lodgers
x) Working from home
y) Wheeled bin info
12Information about you Data Protection Act
13 Tenant involvement
14 Retired Living:
•Role of Scheme Managers
•Service charges
15 Mutual Exchange/Transfer
16 Moving Home/Homeselect
17 Ending your Tenancy
18 Tenants’ Participation Partnership
Waveney District Council Tenants Handbook
1 How to contact us
How to contact us & Emergencies
Websitewww.eastsuffolk.gov.uk
[email protected]
For housing management issues
[email protected]
For repair issues
Telephone (01502) 523593
Waveney District Council
Customer Service Centre
The Marina, Marina, Lowestoft,
Suffolk, NR32 1HR
Telephone (01502) 562600
Opening hours:
Monday to Wednesday 8:45am to 5pm
Thursday 9:30am to 5:30pm
Friday 8:45am to 4:30pm
2 Emergencies
Water / Electricity
Telephone:
During office hours
(01502) 523593
Outside of office hours (01502) 515435
Gas
In the event of a gas leak, telephone TRANSCO 0800 111 999
Waveney District Council Tenants Handbook
5
The Housing Services Team
3 The Housing Management Team
• deal with:
Enquiries from
tenants
Rent account management
and rent arrears
Tenant consultation and
involvement
Neighbourhood problems
Estate management
Mutual exchanges
Senior Housing Officer
Email
Telephone
Peter Fitzpatrick
[email protected]
(01502) 523424
Housing Officers
Email
Telephone
Angela Woodrow
[email protected]
(01502) 523121
John Barber
[email protected]
(01502) 523128
Angela Bruce
[email protected]
(01502) 523125
Gary Mortishire
[email protected]
(01502) 523166
Rent Officers
Email
Telephone
Tracy Fitchett
[email protected]
(01502) 523122
Leah Anderson
[email protected]
(01502) 523165
Myles O’Connor
[email protected]
(01502) 523126
Elizabeth Allen
[email protected]
(01502) 523120
Nuisance Enforcement
Email
Telephone
Mike Hill
[email protected]
(01502) 523127
Former Tenant
Arrears Enforcement
Email
Telephone
Dean Stirling
[email protected]
(01502) 523516
Your Housing Officer is your main point of contact. Speak to them first if you have a query
about any aspect of your home and tenancy, or if you want general advice about your
housing situation.
You can speak to a member of the team on the telephone, send them an email, leave a
message or see the section “How to contact us” (Page 5) .
If you want to talk to someone specifically, your Housing Officer can visit you at home.
Identifying staff
Waveney District Council staff will always carry official identification. If someone says they
work for us or are calling on our behalf, they will be able to show you their identity card.
If you are in any doubt call the Council on (01502) 562111.
• N
ever let anyone into your home without looking at his or her identity card.
If you are not sure, take the card and ring the organisation to confirm the caller is who
they say they are.
• Never let a doorstep caller into your home if you are alone. Tell them you are busy and they
should call back at a more convenient time, preferably when you have someone with you.
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Waveney District Council Tenants Handbook
Rent is our main source of income and we need it to carry out repairs and maintenance to
your home and to provide you with services. Service charges, where applicable, are paid at
the same time as your rent and include such things as grounds maintenance, emergency and
communal lighting, communal cleaning and window cleaning. Council tax, gas, electricity,
water and other charges are payable direct to the relevant organisations.
How to pay your rent
Use your Plastic “swipe” card
This can be used at any Post Office branch or at any Payzone retailer. Show your card
when making your payment – you will be given a receipt.
You can pay by cheque at either of these offices but cash cannot be accepted:
Customer Services
Centre, The Marina
The Library
Blyburgate
Lowestoft
Beccles
Paying by Post
You can post a Cheque, Money order or Postal Order to:
Waveney District Council, Riverside, 4 Canning Road, Lowestoft, Suffolk NR33 0EQ
Please make sure that you enclose your name, address and the rent reference number found
on your Swipe Card – PLEASE DO NOT SEND CASH.
Direct Debit
We strongly encourage paying by monthly direct debit from your bank account, just ask your
Housing Officer to send you a form.
Online
You can pay your Housing Rent or Council Tax via our online payment system using
MasterCard, Visa Delta, Visa Electron or Maestro at www.angliarevenues.gov.uk/waveney
An additional fee of 1.5% of the transaction value is payable on all payments made by credit
card in respect of Council tax. This reflects the banks charge to the Council for accepting
Credit Card payments. There is no charge if you use a Debit Card.
Telephone
You can pay by telephone using the same methods as the online payments. Please call
0845 8350137. Before you call, please make sure that you have the bills you want to pay
and your credit or debit card to hand.
Please note that these systems are available 24 hours a day, 7 days a week.
Waveney District Council Tenants Handbook
7
Rent
4 Rent
Rent Arrears
5 Rent Arrears
If you do not pay your rent, you cannot keep your home.
You must keep your Housing Officer informed of any difficulties you have in paying your rent.
The important thing is to get advice before rent arrears become too large.
7 reasons not to fall behind with your rent.
1) The Council, through the County Court, will start legal action.
2) You risk eviction from your Home.
3) You will have to pay the additional costs of any County Court hearing.
4) You will not have any improvements carried out on your Home.
5) A Possession Order can affect your Credit Rating.
6) You will not be able to complete a Mutual Exchange or Transfer.
7) You could be prevented from buying your home in the future.
However, at all stages we will discuss with you an arrangement for paying the arrears by
instalments. We do however have a Rent Enforcement Team, and if the rent arrear is referred
to them by your Housing Officer, then the Council will be taking a robust approach to recover
the debt.
Free Independent Advice
•Citizens Advice Bureau (look under “counselling” in the Yellow Pages)
www.adviceguide.org.uk
•National Debtline – Telephone 0800 8084000 or
www.nationaldebtline.co.uk
•Consumer Credit Counselling Services (CCCS) – Telephone 0800 0279595 or
www.cccs.co.uk
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Waveney District Council Tenants Handbook
What is it?
Council Tax Benefit (CTB)
Council Tax benefit is awarded to people on low income to help with payment of Council Tax.
It is a Social Security benefit administered by the District Council. It is paid by direct credit to
your Council Tax account.
Housing Benefit (HB)
Housing Benefit is money paid to people on low income who live in rented homes. It is a
Social Security benefit administered by Waveney District Council. It is paid in one of two ways.
Council tenants have the money credited to their rent accounts, though this is changing.
Universal Credit (UC)
Universal Credit rolls the following benefits in to one monthly payment that is paid directly
to you:
•income-based Jobseeker’s Allowance (JSA)
•Housing Benefit
•Working Tax Credit
•Child Tax Credit
•income-related Employment and Support Allowance (ESA)
•Income Support
If you’re already claiming these benefits, your local Jobcentre Plus or Tax Credits office will
tell you when you have to move to Universal Credit.
When on Universal Credit all the above benefits will stop. You will now get Universal
Credit instead.
You may be able to claim Universal Credit if you’re on a low income or out of work.
Who can claim?
Anyone who is liable to pay Council Tax or rent for his or her property can make a claim.
However, people who live with close members of their family cannot claim Housing Benefit.
NOTE: People with savings in excess of £16,000 cannot claim benefit. The Government are
making changes to the Benefit system and you should speak to your rent officer for more
information.
How do I claim?
You must complete the District Council’s Council Tax/Housing Benefit claim form which is an
online application found on the District Council website.
If you receive Income Support or Job Seekers Allowance (Income based) the Benefits Agency
will notify the District Council that you are entitled to Council Tax/Housing Benefit, but you
should still fill in the Council’s own form.
Waveney District Council Tenants Handbook
9
Universal Credit, Housing Benefit and Council Tax
6Universal Credit, Housing
Benefit and Council Tax Benefit
Universal Credit, Housing Benefit and Council Tax
You must tell the Council Tax and Housing Benefit Department if anyone leaves or joins your
household or if there are any other changes in your circumstances e.g. returning to work;
going into hospital etc. Changes may affect the amount of benefit you are paid.
If you have been in receipt of Income Support or Job Seekers Allowance (Income based) for
6 months or more you may be entitled to 4 weeks extra benefit (Housing Benefit Run On).
The Department of Works and Pension should advise you of this entitlement.
For Universal Credit you can only apply online at www.gov.uk/apply-universal-credit
You will need to have an email address and a bank account. For more information visit
www.eastsuffolk.gov.uk and click on ‘Benefits’.
What can I claim for?
CTB – You can claim for your current Council Tax. Payments do not cover court costs, bailiff
fees etc.
HB/UC – You can claim for rent and associated service charges depending on the type of
accommodation in which you live, or your own special circumstances.
How are my benefits worked out?
CTB – If you receive Income Support/Job Seekers Allowance (Income based) you will usually
receive maximum CTB if you are liable to pay Council Tax. Those who do not receive one of
these benefits will be subjected to a means test. The Council compares your income against
figures set by the government. If your income is the same or less than these figures you will
receive maximum benefit. If your income is more than these figures your CTB will be
reduced proportionally.
HB – The method of calculating Housing Benefit is exactly the same as for CTB above.
UC – This is also a means tested benefit and is assessed and awarded by the Department for
Works and Pensions.
Why am I not getting all my Council Tax paid?
•Your income is higher than the Government’s rate for someone in your circumstances.
•Your Council Tax includes something for which you cannot claim e.g. arrears of Council
Tax, Court costs; bailiff’s fees etc.
•You have someone over the age of 18 living with you. (This is called a “non-dependant
deduction” and varies according to the income of that person).
•Your property is rated above Band E – CTB is restricted above this level.
•You should be given a full written explanation on your notification letter.
Childcare costs
Some of your income can be ignored if you are paying for a registered child minder or
nursery care whilst working. Ask for more details.
Why am I not getting all my rent paid?
• Your income is higher than the Government’s rate for someone in your circumstances.
• Your rent includes something for which you cannot get HB e.g. water charges, heating
costs etc.
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Waveney District Council Tenants Handbook
Have you been paid too much Universal Credit/Housing/Council Tax Benefit?
The Council should not always ask you to repay CTB/HB that has been overpaid. In special
cases the Council can use its discretion and not ask for repayments. You should be given a
full written explanation of how the overpayment arose.
Repayment of a UC overpayment will be at the discretion of the DWP.
Overpayments of benefit are not arrears!
Special circumstances (Discretionary Hardship Payments)
If you receive CTB/HB/UC, you can ask the Council to use its discretion to pay more benefit.
You must apply in writing giving reasons why you think you are suffering hardship the
Council cannot pay more than your actual Council Tax or rent.
However, an overpayment can be recovered from current Housing Benefit. In this case
payments must be made to your rent account to avoid increasing rent arrears.
Unhappy with the decision?
If you disagree with Council’s assessment of your CTB/ HB, you should write to the Council
and ask them to revise the decision. You must ask for a revision within 28 days of getting
your decision, unless you have special reasons for being late.
For Universal Credit decisions you will need to contact the DWP.
Decision unchanged or still not happy?
If you are still not happy with the decision after the revision you can make an appeal. You
must write to the District Council within 28 days (unless you have a good reason for being
late) stating the reason why you want to appeal. An Independent Tribunal hears appeals.
For Universal Credit appeals you will need to contact the DWP.
Other ways to lower your Council Tax bill
• If a member of your family has a disability it may be that your Council Tax banding can
be reduced.
• If you live alone you can apply for a 25% discount (you may be considered as living
alone even though there are other people living with you, as some people are
discounted for Council Tax purposes e.g. students; people under 18).
• If you share your home with someone else that has a lower income than you, this person
should be assessed for CTB instead of you. (Partners cannot claim for this!).
Benefit Fraud
Most people getting payments from Universal Credit/Housing Benefits to assist with their
rent and council tax are in genuine need. However there are people who don’t provide the
Waveney District Council Tenants Handbook
11
Universal Credit, Housing Benefit and Council Tax
• The Rent Officer has applied a “Rent Restriction”.
• You have someone over the age of 18 living with you, (this is called a “non-dependant
deduction” and varies according to the income of that person).
• If you are under 25 your HB will be restricted to the cost of a room in a shared house.
• You should be given a full written explanation on your notification letter.
Universal Credit, Housing Benefit and Council Tax
Council with correct information about their personal circumstances or fail to declare a
change in their personal circumstances, which they are obliged to tell us.
• Benefit fraud is committed when a person knowingly gives false or misleading
information to obtain a payment to which they are not entitled.
• Or to obtain a greater payment than that to which they are not entitled.
• Or to obtain a greater payment than that to which they are entitled.
If an incorrect payment or fraud of some kind has been detected, the customer will be
contacted about this and asked to explain why it happened. If this results in an overpayment
of benefit, a debt will be raised for the incorrect amount and it will have to be repaid. In
certain circumstances the customer may be prosecuted.
If you know of or suspect someone committing benefit fraud you can:
• Complete the online benefit reporting form
• Call our free to phone “Hotline” (0800 328 6340) between
• 8.30 a.m. and 6.30 p.m.
• Text us on 0800 328 6341
• Email information to: [email protected]
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Waveney District Council Tenants Handbook
How do you request a repair?
Should you need a repair to be carried out to your home your should contact the Council by
one of the following methods:
•By completing an online repair request form at www.eastsuffolk.gov.uk - This method
should not be used for reporting emergency repairs.
•Email: - [email protected] - This method should not be used for reporting
emergency repairs.
•Telephone: (01502) 523593.
What happens if an Inspector needs to call?
In some circumstances a Housing Maintenance Inspector may need to inspect the fault prior
to any works being ordered. Generally this is in cases where further investigation is required
to identify the cause of the problem, or where there is a need to determine the extent of the
works required. Should you wish to book an AM/PM appointment for the Inspector, please
ask at the time of reporting the fault.
Once the inspector has determined the cause and the extent of any repair then they will
advise you of their intended course of action and the expected timescale for the remedial
works to be undertaken.
What standard of service can you expect?
The Council undertakes to deal with your request quickly, politely and as accurately as
possible based on the information that you are able to provide. Whilst works are carried out
we expect our employees and contractors to ensure that your home is treated with care and
respect at all times. We shall strive to ensure any works are completed on time, to a high
standard and to your satisfaction.
How long will the repair take?
As you will appreciate, the time taken shall be very much dependant upon the nature and
extent of the work involved. We strive to offer an appointment where we can, but should this
not be practical or convenient for you we do commit ourselves to attending within a defined
priority period. All works ordered shall be prioritised into one of the following categories:
Priority B – Emergency attendance within 4 hours
Priority C –Works should be completed within 3 working days
Priority D –Works should be completed within 10 working days
Priority E –Works completed within 90 days by arrangement with the tenant
Priority M –Works completed within 30 days
What should be done in the case of an emergency repair?
Should you have an emergency repair during normal working hours (Monday – Thursday
8.45hrs – 17.00hrs, Friday 8.45hrs – 16.30hrs – Excluding Bank Holidays), you should report
your repair in the normal manner or by calling in person to a Local contact point (details in
How do you request a repair? above).
Should you have a repair outside of normal office hours you can contact the Councils Out Of
Hours emergency service on 01502 515435.
Waveney District Council Tenants Handbook
13
Repairs
7Repairs
Repairs
Chargeable Works
The Council has limited budgets to undertake repairs
and improvements for tenants. We cannot budget
for unexpected repairs that result from malicious or
accidental damage caused by tenants, their families
or their guests. As such tenants must be aware that
repairs of this nature will need to be paid for in full by
the tenant before the council carries out any works.
If you prefer you are able to use alternative qualified
tradesmen to carry out these repairs.
Our staff will make tenants aware of this policy from the outset when a repair request is
made and we will do our best to provide an indication of what the costs may be.
What are considered to be emergency repairs?
Emergency works are those that if not undertaken speedily could pose a risk to those people
within the property, or to the property itself. Examples of which could be:
• Gas leaks
• Insecure properties
• Water leaks
• Roof Leaking
• Faulty electrics
• Heating breakdowns
• Blocked drains
• Dangerous structures
What repairs are Tenants responsible for?
• Replacing W.C. seats
• Changing light bulbs /
fluorescent tubes
• Replacing linen lines,
posts and rotary driers
• Internal decoration
• Replacing lost or
damaged door keys
• Replacing smoke
detector batteries
• Replacing plugs to
baths, basins and sinks
• Works to outside toilets
14
• Gate latches
• Any damage caused by
malicious or accidental
damage
• Replacing shower curtains
• Maintenance of gardens
• Any items that you may
have had installed yourself
or non-Council items left
by previous tenants
• Internal doors
• Internal door furniture
(Unless Elderly)
• Domestic door bells
• Fencing
• TV aerials and associated
equipment
Waveney District Council Tenants Handbook
Should you be disabled, you may need adaptations to your home: for example – ramps,
level access, shower, handrails, a stair lift or a hoist for the bath, you may need to take the
following steps:
•The initial enquiry should be made to the Housing Services Team – Derek Fairhead
[email protected] (01502 523495).
•Minor works such as fitting handrails can usually be dealt with quite quickly.
•If the work required is not of a minor nature you will need to provide a letter from your
doctor recommending the adaption or write to Social Services whereby an Occupational
Therapist will visit to assess your needs.
•If the Occupational Therapist submits a recommendation to Housing Services, subject to
budgetary constraints and if the property is suitable to be adapted, the work will either
be arranged or placed on a waiting list to be done in the future.
•If no adaptations are recommended, we will tell you.
•Any work done will be fully supervised by Housing Services and the Repairs Teams.
If the adaptations required are either too costly or impractical, the Housing Services Team
will find out whether a transfer is required, and if so, arrange for a Gateway to Homechoice
application to be completed (Page 25).
Waveney District Council Tenants Handbook
15
Adaptations for disabled tenants
8Adaptations for disabled tenants
Anti social behaviour
9Anti social behaviour
Anti social behaviour is any behaviour that is likely to cause harassment, alarm or distress.
All our tenants have a Tenancy Agreement and tenants must not behave in any way that is
likely to cause a nuisance or annoyance to another person not of their household.
If the behaviour of others in your neighbourhood is bad enough for you to feel alarmed or
distressed, then we may be able to help you resolve the problem.
Taking the first step yourself
If the problem is not too serious – for example ball games where no damage is involved, small
children playing, minor lifestyle disputes such as door slamming or parking, it is often better
for you to talk to the people involved. We would expect you to have talked to the person
causing the problem before you call the Council.
If the problem is serious, or you feel threatened you should contact your Housing Officer. If a
serious crime is involved, then you should of course contact the Police.
You should also report the details of the nuisance to the Council’s Environmental Services
Team, Customer Service Centre, The Marina, Marina, Lowestoft, NR32 1HR, Telephone
(01502) 562111, because they have a duty to investigate statutory nuisance, and they may
be able to take some action.
What we can do
Your written complaint will be recorded and passed to your Housing Officer, who will contact
you, usually within 5 working days, and discuss the problem with you.
The tenant who is causing the nuisance will be contacted and given advice. If this action
does not solve the problem, depending on how serious the issue is we will need to decide if
legal action is required.
You will be asked to keep a diary of events giving details of dates, times and notes to show
how bad the nuisance is. If legal action is taken we will need you to give evidence in court.
If we do not have enough witnesses prepared to give evidence we may not be able to take
legal action.
There are some disputes that the Council cannot resolve, particularly when two neighbours
have fallen out with each other and there is a fault on both sides. The Council does not have
special powers to put things right when there is a dispute between neighbours.
The Housing Team have a Nuisance Enforcement Officer and your Housing Officer may refer
your case to him if it becomes more difficult. He is Michael Hill and he can be contacted at
[email protected], Tel 01502 523127.
Other action
The sort of legal action we can take is:
Acceptable Behaviour Contracts - (ABCs)
Anti Social Behaviour Orders - (ASBOs)
Injunctions – (through the County Court – can prohibit the person from engaging in
conduct capable of causing a nuisance and can prevent perpetrators from entering specific
premises and/or areas).
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Waveney District Council Tenants Handbook
Out of hours service
The Council does not provide an out of hours service for nuisance complaints, however from
May to September – Friday and Saturday evenings 19.00hrs to 01.00hrs and Sundays
and Bank Holidays from 19.00 hrs to 24.00, officers are available to deal with complaints
about severe noise nuisance.
Telephone (01502) 515435 and give details that will be passed onto an Environmental
Health Officer.
Can the Police help?
Although you should contact your Nuisance Enforcement Officer in the first instance, the
Police may be able to help when the Council is unavailable.
Contact Suffolk Constabulary on telephone number – 101
For more information contact:
Waveney District Council
Customer Services Centre
The Marina, Marina, Lowestoft, Suffolk, NR32 1HR
Open:
Monday - Wednesday
8:45 am – 5:00 pm
Thursday and Friday
8:45 am to 4:40 pm
Web site: www.eastsuffolk.gov.uk
E-mail: [email protected]
Tel: (01502) 562111
If you have any comments about this service, please write to:
Senior Housing Officer
Waveney District Council
4 Canning Road
Lowestoft
Suffolk
NR33 0EQ
Waveney District Council Tenants Handbook
17
Anti social behaviour
Demoted Tenancies – (a demoted tenancy is a less secure tenancy, the tenant loses the
Right to Buy and to exchange. Re-possession is made easier because the local authority only
has to demonstrate to the court that the proper procedure has been followed – they do not
have to present evidence to back up their action.)
Re-possession of the property – (eviction following appropriate Court action).
Complaints Procedure
10Complaints Procedure
STEP 1
If you have a complaint concerning housing matters then you should first discuss the problem
with your Housing Officer.
If your complaint is about a member of staff, you should complain to the Service manager
(Housing) at Waveney District Council, Customer Services Centre, The Marina, Marina,
Lowestoft, Suffolk, NR32 1HR
STEP 2
If you are still unhappy, write to the Principal Service Manager (Housing) at the same address.
STEP 3
If you are not happy with the reply or the action taken, you can request an appointment to
see the Head of Service for Housing to discuss the matter - Customer Services Centre,
The Marina, Marina.
STEP 4
If the Head of Service cannot deal with your complaint and you wish to pursue the matter,
then contact the District Councillor for the Ward in which you live. If you don’t know the
name, we can tell you.
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Waveney District Council Tenants Handbook
a) Aerials/satellite dishes
If your house does not have a communal aerial or satellite dish, you may wish to provide one
yourself. You should obtain written permission from the Housing Team first. You may need
Planning Permission if you live in a flat for a satellite dish.
b) Buying your home
A Right to Buy application form and Information Booklet (RTB1) can be obtained online from
www.direct.gov.uk/rtb1. Your property will be valued at its open market value with vacant
possession, less any improvements carried out at your expense. A discount may be allowed
depending on the length of time you have been a tenant. The Council also offers a scheme
called Social Homebuy (See section v).
c) Car parking
Parking on footpaths, grass verges or other land under the control of the Council is not
allowed. Parking on grass and public footpaths causes expensive damage and is unsightly.
You should always park carefully and not cause any obstruction.
d) Dealing with debt
If you owe money and bills are mounting up and you have difficulty paying your rent, contact
your Housing Officer who will discuss with you an arrangement for paying any arrears
by instalments. DO NOT CONTACT A DEBT AGENCY. Several debt agencies advertise
on television and in newspapers offering an “easy” way to pay off debt. It is likely these
agencies will charge you consultation and administration fees – adding to your debt. You
can apply for free and independent help from the following:
• Citizens Advice Bureaux – look under “Counselling” in the yellow pages for the
telephone number of your local CAB or log onto www.adviceguide.org.uk
• National Debtline – telephone 0800 808 4000 or log onto www.nationaldebtline.co.uk
• Consumer Credit Counselling Services (CCCS), telephone 0800 027 9595 or log onto
www.cccs.co.uk
e)Decoration
You are responsible for decorating the inside of your home. The Council is responsible for
the outside of your home. If any damage is caused to your decorations, such as flooding or
fire, you may be able to claim on your household contents insurance.
f) Door entry systems
Most communal dwellings have entry phones for security. For the safety and security of
all residents, you should not allow people into the building unless you know them. Even is
someone says they are visiting other tenants do not admit them, but ask them to use the
entry phone. Don’t leave the outside door open or jam the lock so anyone can get in.
g) Emergencies GAS / ELECTRICITY / WATER
See Page 5.
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General Information
11General Information
General Information
h)Fencing
You must not remove any part of the fencing or walls without the Council’s written
permission.
Front garden fences should be no higher than 1 metre (3 feet) and back garden fences no
higher than 2 metres (6 feet).
Open plan front gardens and communal gardens should not have any fences, as the Council
grass cutter will not cut the grass.
Hedges must not be allowed to overgrow to cause a nuisance or restrict use of footpaths.
i)Garages
To rent a garage from the Council contact your Housing Officer. You may have to wait
for one to become empty. You can only use the premises as a garage you must not run a
business from it.
j) Gardens / Grass cutting
You must keep your garden tidy and trees and hedges must be kept in a manageable state. If
you are elderly or have a disability and have difficulty keeping the grass cut, contact your Housing
Officer. The Council may be able to cut the grass in the front garden up to four times a year.
k) Gas safety checks and essential works
If you have gas heating, you must allow access for the appliances to be serviced once a year.
This is a legal requirement and it is for your safety.
l)Insurance
The Council is responsible for the building. You should insure the contents (furniture,
possessions, etc.) against fire, flood and accidental damage. You should also insure for the
replacing of window and door glass and the loss of keys.
m)Keys /getting locked out
The Council does NOT keep spare keys to any property.
n)Lifts
A specialist contractor and the Council’s insurance company inspect all lifts on a regular basis.
The Council Surveyor monitors the maintenance and repairs. Please report faults to your
warden, caretaker or the Repairs section.
o) No Smoking Policy
Waveney District Council has a No Smoking Policy in all our offices. Smoking is not permitted
inside the communal areas of flats, i.e. landings, stairways, communal rooms, etc.
Tenants should also be aware that this can in certain circumstances, extend to their homes.
Each council operative has the right to work in a smoke free environment whilst at work.
At times when council employees’s are required to work in tenants homes this is classed
as a working environment, and as such tenants are politely requested to not smoke in the
same room as the council employee is working. Should tenants not abide by this then the
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Waveney District Council Tenants Handbook
p) Loft Space
You should be aware that loft spaces are not provided for their use as part of the tenancy
conditions. Loft spaces are provided solely for housing services to the property such as water
and electric supplies. Tenants are therefore requested to not store items in the loft space, and
should not require any access as a result.
q)Notice of Seeking Possession (NSP) Secure tenants / Notice of Possession
Proceedings (NPP) Introductory tenants
If you do not keep to the Tenancy Conditions you may be served with either a Notice of Seeking
Possession, or, if you have an Introductory Tenancy, a Notice of Possession Proceedings.
Having a Notice served on you for a breach of the Tenancy Conditions is the first step in legal
proceedings that could mean you being evicted from your home.
To avoid legal action you must keep to the Conditions of Tenancy – for instance, by either
paying the rent as and when it is due, or by not causing a nuisance.
In any circumstance, you should contact your Housing Officer without delay and come to an
arrangement to avoid further problems.
r)Pets
You must not keep an animal in the dwelling where there is a communal entrance or
communal garden area without permission. You must keep all pets under proper control at all
times. You must not allow any pet to cause a nuisance or danger to people or other animals.
s)Sheds
You can erect a shed or greenhouse in your back garden if it measures 8ft x 6ft or less. You
must get our permission in writing if you want to erect anything larger than this.
t) Short absences from your home
If you are going to be away from your home for more than four weeks, you should tell your
Housing Officer. This is in case we need to do repairs at short notice or gain access in the
case of an emergency.
u) Social Homebuy
Social Homebuy enables secure tenants to purchase a share in the home they currently
occupy and pay rent on the share they do not own. The Council owns the remaining share
(or equity) in the property, which means that both the purchasers and the Council share
any increases or decreases in the property’s value. You can increase your share until you
eventually own the home outright. Contact the Housing Team for more details, or email:
[email protected]
v)Sub-letting/Lodgers
You can sub-let to someone who pays rent to you for one or more rooms in your home and
you may not enter these rooms without their permission. A sub-tenant may share some
rooms (e.g. the bathroom) but will generally lead a separate life to your household.
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21
General Information
employee does have the right to refuse work in the property.
General Information
The Council cannot refuse consent to sub-let without good reason. If the Council refuses
consent you must be given written reasons that you may challenge in the County Court. The
Council will have to prove its case, not you. You also have the right to take in lodgers without
the Council’s permission.
However, taking in a lodger may affect the level of your entitlement to Housing Benefit. You
are required to tell the Housing Benefit Section at The Marina that you have a paying lodger.
Telephone (01502) 533436. (If you have an Introductory Tenancy, you must not take in
lodgers.)
w)Working from home
You must not carry on a business or trade from your property without our written permission.
Contact your Housing Officer for further advice. We won’t give permission if the business
you are proposing is likely to cause a nuisance or affect the residential nature of where you
live to a significant extent.
x) Wheeled bin information
Waveney District Council aim to collect your refuse on the same day every week (except
where special arrangements are made for Bank Holidays). Wheeled bins are provided and
should be left at the nearest accessible point to the highway on collection day.
Check the Waveney website or telephone (01502) 527160 for details about collection days,
recycling and disposal of large items such as furniture.
Green Bin*
Blue Bin
Paper
Cardboard
Metal
Newspapers
Magazines
Junk mail
Envelopes
Catalogues
Yellow Pages/
directories
Shredded paper
Wrapping paper
Greeting cards
Cardboard boxes
Egg boxes
Washing powder
boxes
Cereal boxes
Greeting cards
Food Cans
Drink cans
Steel pots and pans
Tin foil
Aerosol cans
Aluminium
containers
Plastics
Waxed packaging
Plastic bottles
Yogurt pots
Plastic tubs
Plastic flowerpots
Grass Cuttings
Leaves and twigs
Prunings
Holly and mistletoe
Weeds
Real Christmas trees
Dead plants
Wind-fall fruit
Dried flowers
Please ensure that all bins are
out for collection by 07.00hrs
and are not left on the public
highway for more than 24 hours.
*A fee is payable for this service
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Waveney District Council Tenants Handbook
Data protection Act
We keep information about you and your household from forms that you fill in. It is
protected under the Data Protection Act 1998.
The information we hold is kept confidential. Sensitive information, such as your ethnic
origin or medical details will be used only for purposes for which you have given your explicit
consent, or in an emergency.
When you contact the Housing Services Team we will ask for the property reference number
so we can be sure we are talking to the tenant.
We will only give banks and building societies a reference if you give us your signed
permission.
You are entitled to see any information we have about you, to check it is accurate and if
necessary, correct it.
13Tenant Involvement
Waveney District Council has been committed to a Tenant Participation Policy since
September 2000, however formal Tenants and Residents groups have existed since 1993.
There is currently a Tenants Forum. The Forum is made up of members from the Tenants
Associations, individual tenants who are interested in representing their immediate neighbours
and the editor of the Tenants Newsletter. This group receives all new policies proposed by the
Housing Division, prior to councillor decision, and is able to recommend changes.
The Housing Services Team will also from time to time organise Focus Groups or
Questionnaires on various housing topics.
The Councils policy is also to involve the Tenants Forum in the preparation of the Tenants
Compact. This document is prepared annually and makes a written commitment to achieve
certain levels of performance during the course of a year. Details can be found on page 29.
Any existing tenants or new tenants can become involved at any level of participation from filling in a questionnaire to being a member of the Forum. If you would like to become
involved you can either contact your Housing Officer. We really want tenants to become
involved in how we deliver the service to you and would welcome your participation no matter how small.
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23
Information About You / Tenant Involvement
12Information about you
Retired Living
14Retired Living
Retired Living Schemes provide 24 hour support for residents with the provision of a pendant
(or pull cord) in case the resident has a fall or becomes ill.
The role of the Scheme Manager is to support residents to live independently in their
own homes. Contact is made with the residents on a daily basis (Monday to Friday).
All emergency equipment is tested on a weekly basis and access is required to residents
accommodation. The Scheme Manager will respond to emergencies when they are on
duty and liaise with the appropriate agencies. When the Scheme Manager is not on duty
the Call Centre will respond to emergencies in the appropriate manner. This could either be
contacting a friend or relative or the emergency services.
Most Schemes have communal lounges and kitchens which are open all day for residents
to pop in as and when they like to meet with each other. Regular activities such as Coffee
Mornings and Bingo take place in most Schemes. Many Schemes have communal laundry
facilities and there is generally a rota for the use of washing machines.
Schemes have communal gardens which are not suitable for dogs or cats and these are not
permitted in the Scheme.
There is a No Smoking policy in all communal areas but, of course, smoking is permitted in
resident’s flats or bungalows.
Wi-Fi is installed in the Communal Lounge providing residents free of charge access to
connect to the internet.
Fire Instructions are on the inside of front doors to remind you what you should do in
the event of a fire and your Scheme Manager will advise you where the Assembly Point is
situated (although this should be clearly sign posted).
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Waveney District Council Tenants Handbook
Houseexchange is a website that has been designed to bring people together who are
looking to swap their home. Using the site is easy and free.
Visit www.houseexcahange.org.uk and complete your details online. Once you have
registered, your details will be approved, your property will appear in the database and you
will be able to search for a specific property, search for those who want your property, search
for a match both ways and a three way search. You can access the website at any library in
the Waveney area, as well as at the Customer Services Centre, The Marina, Marina, Lowestoft,
Suffolk, NR32 1HR
16Moving Home / Homechoice
Homechoice (also called Gateway to Homechoice) replaces the Homeselect scheme and lets you
apply for a home of your choice instead of having to wait for an offer somebody else thinks is
suitable for you.
The scheme covers eight different local authorities in Suffolk and Essex with a single list of
applicants. All applicants are banded into 5 different bandings ranging from A to E.
Vacant properties are advertised weekly on the internet and at Waveney District Council offices
throughout the district. You may have already have gone through this scheme to get this new
home you are moving into.
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25
Mutual Exchange/Transfer and Moving Home
15Mutual Exchange / Transfer
Ending Your Tenancy
17Ending Your Tenancy
If you intend to end your tenancy and are not moving to another home owned by Waveney
District you must do several things:
You must:
•Give four weeks notice in writing of your intention to give up the tenancy (this is known
as terminating your tenancy) and give us a forwarding address. A Termination Notice
must be completed and signed by the tenant(s). A Termination Notice can be obtained
from any Council Office or your Housing Officer.
•The tenancy must end on a Monday (the law requires this).
•On the Monday your tenancy ends the keys must be returned to any Council Office or
to The Marina, Marina, Lowestoft, Suffolk, NR32 1HR before 10.00 a.m. You may be
charged another weeks rent if you do not do so.
You must:
•Remove your belongings and any rubbish from the property and garden.
•Return your keys to any Council office or the Customer Services Centre, The Marina,
Marina, Lowestoft, Suffolk, NR32 1HR
•Pay any rent and service charges up to the date your tenancy ends.
•Leave the premises and all fixtures and fittings in good condition.
•Pay for any work to repair damage that you have caused in your home.
•Provide us with your forwarding address.
•Contact the gas, electricity and water companies to give them your meter readings.
•Contact the telephone company to end your account.
•Inform the Housing Benefit and Council Tax departments (Revenues & Benefits Teams).
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Waveney District Council Tenants Handbook
Introduction
The Tenant’s Participation Partnership builds on the development of the Tenants Forum.
This partnership sets out Waveney District Council’s aims and objectives for involving tenants
and leaseholders in decisions that affect their homes - planning and delivering services and
monitoring and reviewing performance. It includes a comprehensive menu for residents to
get involved in, from receiving information, to being consulted, to making decisions. This
document should not be seen as set in stone, but rather as a developing plan, evolving
and following regular reviews in partnership with its tenants and leaseholders and other
stakeholders.
Consultation with Stakeholders
The partnership is negotiated locally between the Council and its tenants and has also been
written using consultation with its stakeholders through:
•A two-yearly survey
•Workshop meetings with staff, tenants and leaseholders
•Meetings with key staff and tenants’ representatives
•Written/verbal feedback on drafts
•Response from the Tenants Forum Web Site.
General Aims of the Partnership
The aims of the partnership are to –
•Provide tenants and leaseholders with a broad range of opportunities to get involved,
and influence services and policies, in a manner and at a level that best meets their
needs and interests
•Provide tenants, staff and stakeholders with clear information about these opportunities
•Include an action plan and a timetable that shows how the key recommendations of this
partnership will be introduced, monitored and reviewed
•Provide a resource commitment to the above
•Ensure that tenant involvement is embedded in the housing department and is
promoted by its entire staff
•Provide a case for tenant involvement that delivers measurable outputs and outcomes
that leads to: improved performance and services; increased accountability to residents;
the empowerment of residents and building social cohesion in local communities.
Policy Objectives
The Council will
•Provide support and resources to promote and enable resident involvement
•Promote equality of access and representation
•Provide a wide range of opportunities so that tenants and leaseholders can participate at
the level that they wish
•Meet regulatory requirement
•Respond to tenants and leaseholders wishing to consider local management proposals
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27
Tenant’s Participation Partnership
18Tenant’s Participation Partnership
Tenant’s Participation Partnership
•Ensure that tenant and leaseholder feedback contributes to the formation of business
objectives and Best Value, and in particular helps to shape policies, strategies and services
•Provide accessible and effective information to tenants and leaseholders to ensure
accountability
•Ensure that participation complements and promotes strategic objectives and Waveney
District Council works in co-operation with statutory and voluntary agencies, to ensure
that participation is co-ordinated and that outcomes are sustainable
•Promote community cohesion through tenant involvement
Opportunities for Tenant Involvement
The Council will support and develop a flexible and broad range of opportunities for tenant
consultation and involvement. Tenants should be able to get involved at a level and in
ways that best suits their needs and interests. This may be informal or formal, attending a
meeting, answering questionnaires, attending community events to receive information, or
being part of an established group such as a tenants and residents association. This covers a
range of information giving, consultation, participation, working in partnership and decisionmaking. The Tenants Forum will remain at the heart of the Council’s relationship with tenants.
The Tenants Forum
This is an overarching residents group, which serves as an umbrella group for the tenants and
residents groups and Local voices in the district. The Forum is the main formal representative
Council tenants’ group, and encompasses a number of additional tenant involvement bodies
and methods. Key consultation shall be reported to this group, which in turn will channel
key issues to the Council for changes in policy and procedure.
All recognised resident groups in the district will be invited to hold two voting places on the
Forum. Areas, which do not have a formal group, will be invited to have a single tenant voice
member. This member must have the written support of at least two other residents from
their area, and must be able to show they are representing the area rather than personal
issues these representatives will be known as “Local voices”.
The Forum will also work with the council, police and other partnerships to improve communities.
This group will have a key role in housing tenant involvement issues such as:
•The reporting of the tenant involvement budget on bi annual basis
•Monitor the Compact jointly with the Council.
•Commenting on and shaping the Council’s annual Business Plan, Housing Strategy and
other key policies
•Consultation on the Community Strategy, Crime and Disorder and Policy and
Partnerships
•Membership of the Suffolk Tenants Forum.
•Sub groups to deal with issues such as repairs and maintenance, allocations and
particular services under review
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Waveney District Council Tenants Handbook
Tenants and Residents Associations (TARAs)
Tenants and residents associations can increase accountability of local services and
contribute to the local community. Waveney DC already has an established track record for
developing and supporting local associations. The Council will continue to develop and
support TARAs throughout the district, particularly around increasing involvement, action
planning, accountability and reporting back. Assistance will be given to those wanting to
start a new association in their in their local area, through providing a starter pack to those
interested, helping with surveying the area to gauge interest, assisting with arranging venues,
photocopying, producing newsletters or through direct grant funding.
All recognised TARAs will follow an agreed constitution with elected officers, produce an
annual newsletter, set action plans and seek to involve all sections of the community. Details
of funding from the Council are in Section 7. Unrecognised TARAs will receive access to staff
support and resources to become recognised.
Sheltered Housing association
This umbrella group enables tenant representatives from each scheme to discuss matters that
affect them with regard to sheltered housing and Supporting People. This Group will investigate
adopting agreed Terms of Reference/constitution and electing officers at an AGM. This group is
involved in any reviews of sheltered housing and sends two representatives to the Forum.
Local Voices
The Council will support the development of Street/village Voices where there is no local
residents association. Street/village Voices will act as a focal point for a very local area such as
a road or a village, and act as a contact point for the council with the following objectives:
•To act as a contact point for the landlord and residents
•To act for the ‘very local area’, not for themselves
•To deal with issues of local concern, but not get involved in neighbour disputes or those
affecting individuals/themselves – to follow agreed guidelines
•Should be housing focused, but could get involved with problems with other services if
they wanted to
•They may be a “stepping stone” to tenants associations
•They will feed in to The Forum.
The Council will assist representatives in good practice in demonstrating local support
through gaining three signatures of local residents, providing clear terms of reference and to
produce an annual local newssheet or article in the newsletter publicising their role and work.
Surveys and Questionnaires
Surveys are used to gauge satisfaction with the Council and its service provision. Currently,
the national STATUS survey and local surveys are used to measure satisfaction with services.
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29
Tenant’s Participation Partnership
As a priority, both the tenant members of the Forum and the Council will promote this group
and seek residents to join through a variety of means. Those from younger communities and
other under represented groups will be actively approached and encouraged to participate.
Tenant’s Participation Partnership
We will carry these out at frequent intervals and report back to tenants the findings.
Individual Consultation
The Council has a legal duty to consult with residents over issues that affect the management
of their homes, such as service charges, rents, changes to tenancy conditions, works to
homes, changes in policy etc. Tenants and leaseholders will be consulted by letter, door-todoor surveys, and open days, road shows and through the newsletter.
Information to Residents
The Council recognises that information enables every resident to be involved in the
organisation.
•All information will be available in large print, in Braille, on audio cassette and translated
on request
•The Council ensures that all communications promote the highest possible level of
customer care, are meaningful, accessible, follow Plain English guidelines and assist in
raising awareness, and in turn the profile, of its services
•Legislation and requirements placed upon information services by the Data Protection
Act, Freedom of Information Act, Environmental Information Regulations and Equalities
will be adhered to
The following information will be distributed to all residents:
•Council newsletter
•Tenants newsletter
•In addition, the following information is available on request:
•Leaflets on specific services, including a who’s who in Waveney District Council and a
resident Involvement promotion leaflet
•Policies of Waveney District Council
•Business Plan
•The Forum and Residents Association minutes.
•Leaseholder handbook (updated annually)
•Tenancy conditions
Use of Technology
Waveney District Council recognises that an increasing number of its residents have access to
the Internet, and its Compact consultation should seek to make use of this. Measures such
as a dedicated resident involvement web page, suggestions via the web and web voting,
combined with increased computer training for interested residents will promote wider
resident involvement and could attract younger people. An email group will feed into all
transfer information.
Costs and Benefits of Resident Involvement
The Council will be clear about the business case before undertaking any new tenant
involvement activity and will be prepared to stop any activity where the benefits are unclear.
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Waveney District Council Tenants Handbook
•An increase in community pride and belonging
•An increase in tenant satisfaction
•A reduction in telephone enquiries concerning major works and other issues that
information is provided about
•An increase in the quality of housing management as a result of resident involvement
•An increase in performance
Budget Provision
It is essential that the full costs of tenant involvement are understood by all stakeholders
to ensure that decisions are focused to the maximum benefit. An annual budget will be
made available for Tenant Involvement, which will be reported to the Forum on a quarterly
basis. Budgets will be reviewed in the light of actual spend each year and changed with the
agreement of the Forum.
Expenses for tenants
Out of pocket expenses will be reviewed each January. Any tenant that attends district wide
meetings will be able to claim for the following:
•Car mileage allowance of £0.50p per mile
•Taxi fares for those unable to take public transport
•Public transport costs
•Subsistence costs for attending out of area events
•£6.00 per hour care costs. (Special needs costs to be negotiated.)
•Advocacy costs for tenants with special needs
Standards for Housing Services
Tenants can play an important role in the delivery and improvement of housing services.
Tenants will be consulted and can be involved in the decision-making processes in the
following areas:
•Developing the Council’s housing policies, strategy and business plan/capital programmes
•Anti social behaviour.
•Arrangements for tenant involvement and consultation
•Sheltered Housing service
•Developing and implementing regeneration.
•Proposing remedial action where problems arise.
•Developing and reviewing council’s business plan.
•Improving communication.
•Audit/review of tenant involvement.
•Customer care.
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31
Tenant’s Participation Partnership
Those activities that demonstrate clear gains for both the organisation and its tenant and
leaseholders will be given maximum focus.
Measurable benefits include:
Tenant’s Participation Partnership
Standards for meetings – Council meetings or tenants meetings
•Meetings should have a clear purpose
•A minimum of ten days’ notice will be given for any meeting.
•An agenda will be set and together with any relevant papers, distributed to all involved
at least ten days before the meeting.
•Support will be given in the hiring of venues that are accessible in terms of wheelchair
access, with a loop system and necessary translation.
•Papers will be translated and produced on audio cassette/large print where needed
arranged by the Council.
•Minutes will be taken at each meeting and these will be distributed within at least two
weeks of after the date of the meeting. Minutes will be available to all that request them.
•Help with minutes will be given on request.
•Staff will be given at least 10 days notice of any meeting that they are invited to attend
•Where possible, all invited staff will attend meetings. Where it is not possible, they will
provide a substitute.
•A Code of Conduct will be adopted for all public tenants meetings.
Standards for Information
•Information will be in Plain English and will be translated and produced on audio
cassette/large print where needed
•Waveney newsletter will have a joint editorial board of tenants and officers
•Waveney newsletter will be produced and distributed to all tenants 3 times a year
Standards for Tenants’ groups
•All recognised tenants’ groups will meet a minimum of twice a year
•All recognised groups should hold an Annual General Meeting that demonstrates a level
of public support and elects Officers to the group.
•All meetings except committee meetings will be open and accessible to all residents
•All recognised groups will adopt a constitution agreed by the group and the Council
•All groups should seek to involve as many tenants and leaseholders as possible
•All groups should follow equal opportunities – targeting those groups of people
currently not involved and provide an equal opportunities statement.
•All groups should set priorities for their group on an annual basis
•Groups can call on the advice and support of the Tenant Participation Officer of the Council
•Minutes should be taken and distributed 14 days after the meeting with a copy to the
Council.
•Meeting dates should be set 12 months ahead where possible.
•Meetings should be chaired effectively.
•Groups should adopt a Code of Conduct
•Where funded, the group should have a bank account with three signatories from
different households.
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•All representatives should act with honesty and integrity at all time
•Representatives should seek to involve all members of the community
•Representatives should advise tenants and leaseholders to use the proper channels if
there is a problem initially.
•No tenant representative should seek to promote his or her personal agenda – but to act
in the best interests of tenants and leaseholders generally.
•Representatives should aim to consult the wider tenant community and to provide
accurate feedback.
•Representatives should adhere to the Council’s policy on confidentiality
•Representatives should read relevant papers before meetings
•Representatives should give apologies for absence. If more than three meetings are
missed without good reason, they will be judged to no longer be part of any group
•All tenants and leaseholders should follow equal opportunities
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Tenant’s Participation Partnership
Standards for Tenant/Leaseholder representatives
Tenant’s Participation Partnership
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Waveney District Council Tenants Handbook
Tenancy agreement
Tenancy
Agreement
Conditions of Tenancy
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35
Tenancy agreement
Help and advice
This tenancy agreement is a legally binding document. It sets out your rights
and responsibilities as one of our tenants.
If you would like to get independent legal advice about this tenancy agreement,
you should visit a Citizens Advice Bureau or see a local solicitor.
Citizens Advice Bureau contact details are as follows:
CAB - 0207 833 2181 (General Helpline)
http://www.citizensadvice.org.uk/
Your landlord
We, Waveney District Council (“the Council”), are your landlord
If you need to send us any notices, you should send them to:
Waveney District Council,
Customer Services Centre,
The Marina, Marina,
Lowestoft, Suffolk, NR32 1HR
Section 196 of the Law of Property Act 1925 applies if we or our officers
or agents need to send you any notices. This means that any notices are
valid if we leave them or send them by registered post to your usual or last
known address. (We need to give you this information under section 48(1) of
the Landlord and Tenant Act 1987).
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Waveney District Council Tenants Handbook
1
The Agreement makes you a tenant.
This means that provided you occupy the property as your principal home and
you keep to the conditions of tenancy we cannot interfere with your right to
quiet enjoyment of the property without a Court Order. We can only get a Court
Order for certain legal reasons (called grounds).
1.1You and we must both keep to this agreement. Once you have received the keys
to your home and a copy of this agreement, it will be legally binding, whether or
not it has been signed. This is just a practical measure for the benefit of both you
and the Council.
1.2Your tenancy is for your home and any gardens, boundary hedges and trees, and
any garage attached to your home.
1.3Your tenancy does not include the following:
•any item (for example, a shed) that a previous tenant left and you have agreed
to take responsibility for. If you do not want to take responsibility for an item
left by a previous tenant, you can remove it.
•garden paths that are not essential for getting to and from your home.
• garden fences, except boundary fences onto public areas.
• garages not attached to your home.
You are responsible for repairing, maintaining and replacing the items above.
A list of items you have agreed to be responsible for is given on the information
sheet at the back of this document.
1.4 You may lose your right to live in your home if:
• a Court grants us a possession order;
• you do not use this property as your main home; or
• you sublet the whole of your home to another person.
1.5The Council will ask you to confirm that the condition of the property is
acceptable when you move in, or to notify us within 7 days of signing this
agreement of any problems that you have identified.
1.6If we want to repossess your home, we have to end your tenancy by sending you
a ‘notice of seeking possession’ or ‘notice of possession proceedings’ (if you are
an introductory tenant) and get an order from the court. In most cases, the court
will have to decide if it is reasonable for us to repossess your home. We explain
this in more detail later.
In special circumstances, we may have to move you out of your home. This could
be because your home needs major repair work or to be redeveloped.
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37
Tenancy agreement
1 An Introductory/Secure tenancy
Tenancy agreement
2 Rent and service charges
2.1 We will increase your rent annually on the first Monday in April.
2.2You can pay your rent by direct debit in advance or by other methods as indicated
to you by the Council.
2.3 Service charges
•We can increase or decrease the service charges but we must give you 4 weeks
notice in writing.
•At the end of each year, we will set the amount of the service charge we will
ask you to pay for the following year.
•We may amend the services we supply to you, and charge you for this, if we
consider it is in the interests of you and other tenants (for example, to provide
security lighting). But we will only do this after we have consulted you.
2.4 Supporting people
•If we provide you with support services (this will be shown by a charge for this
service within this agreement
•We may change the support fees in the same way as we may change your rent
and other service charges. We will limit any increase in charges for the support
services we provide, by taking account of the level of charges approved by the
Supporting People Administering Authority.
•At the start of your tenancy, you agree to accept the level of support services
we make available, to make sure you can live as independently as possible.
But the level of services we provide may change from time to time, as agreed
through consultation with you and other tenants on your scheme or estate.
The action you must take
2.8You must pay your rent and any service charges on time. (You could risk losing
your tenancy if you do not).
2.9If you are joint tenants, each of you is responsible for all the rent and any rent
arrears. If one joint tenant leaves, we can take action against either or both of
you for the whole amount.
The action we could take
2.10 If you cannot pay your rent, contact your Housing Officer as soon as possible.
2.11You may get help with paying your rent by claiming Housing Benefit. Your
Housing Officer can tell you how to make a claim.
2.12If you are receiving Housing Benefit, the benefit will be paid straight to us.
However, you are still responsible for making sure that your rent is paid in full.
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Tenancy agreement
3 Repairs
Your rights
Repairs
3.1You have the right to have certain repairs carried out to your home if you tell us
what needs doing. You and we have certain responsibilities to make sure that
your home is reasonably well maintained.
3.2We will inspect your home, test the installations (which supply water, gas and
electricity, and for sanitation) and carry out major repairs before you move in.
We do not have to decorate your home or provide a fitted kitchen or any other
fittings or appliances. We may have to carry out some repairs after you move in.
3.3We will keep the structure and outside of the dwelling house in repair.
This includes:
• Drains, sewers, gutters and external pipes
• The roof
•Outside walls, outside doors (including door jambs, thresholds, locks and
handles, letter boxes), windowsills, frames and glass (including necessary
painting and decoration)
•Internal walls, door frames, floors and ceilings and related making good (but
not including routine internal painting and decoration)
•Chimneys and chimney stacks (including the annual sweeping of chimneys for
solid fuel appliances)
• Pathways, steps or other means of access
• Plasterwork, except minor cracks and blemishes.
3.4We will keep the installations for room and water heating, sanitation and any gas
and electricity supply in repair and proper working order.
This includes:
• Basins, sinks, baths, showers, toilets, flushing systems and waste pipes
• Electric wiring, gas pipes and water pipes
• Water heaters, fireplaces and fitted fires and sockets and light fittings.
However, we will not pay for repairs if:
•They are needed because you or anyone living with you or your visitors have
damaged or neglected the installations; or
•You have installed them yourself. If this is the case you will have to meet the
costs. (You must first get the Council’s written permission to alter the property.)
•Following the installation of central heating, we will not pay for the servicing or
repair of any supplementary heating you may have, for example a gas fire. You
must assume responsibility for servicing and repairs to them. A gas fire will be
removed if you do not assume this responsibility.
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3.5We will keep the common entrances, halls, stairway, lifts, passageways, rubbish
chutes and any other common parts in reasonable repair and make sure they are
fit for use.
3.6We must carry out certain small urgent repairs within a reasonable time. We
will not charge you for these. This is called your ‘right to repair’. The right to
repair provides that you are entitled to compensation if you report a repair or
maintenance problem that affects your health, safety or security and we twice
fail to make the repair within the set timescale. You can ask us for a schedule of
qualifying repairs.
3.7We have to clear up after a repair, but we cannot guarantee that we will restore
any decoration to its previous condition. If we carry out major repairs to your
home and damage decorations, we will pay you limited compensation rather
than redecorate.
3.8We will offer you a suitable alternative home if we need to carry out major
repairs to your home and we ask you to move out. This may be temporarily or
permanently. You may choose to stay in your home if we carry out limited major
work and there is no risk to your health and safety.
3.9If we offer you a temporary home during repair work, you must move back into
your original home after we have finished the repairs, unless we agree otherwise.
Improvements
3.10 If, and only if, you have our permission in writing you can do the following:
•Carry out structural changes, for example, knocking down internal walls or
making additions or alterations to the property such as installing or altering
electrical wiring, gas pipes, water pipes or central heating, adding or altering
fixtures and fittings, such as a new fire place, an immersion heater or sink
or carry out rewiring or put up an aerial or satellite dish. Where a communal
television aerial is provided then no other individual external television aerial
will be permitted.
•Place or erect any structure on your property (no prior permission is needed
for a garden shed or greenhouse measuring 8ft x 6ft or less placed in the rear
garden).
•Erect any posts or other structure on any parts of the communal gardens or
drying area.
•If you have a garden, remove or alter any boundary hedges or fences.
3.11 We must be satisfied with all improvements or alterations, and we may inspect
them.
3.12You may be able to get compensation for any improvements you have made. This
would only be at the end of your tenancy and would be in line with government
guidelines. The improvement must be one which is classed as a ‘qualifying
improvement’ and for which you have had written permission from us. You can
ask us for a schedule of qualifying improvements.
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3.13We must make sure that any gas appliance (except one that you are entitled to
remove, for example, a cooker), gas pipework and flue are maintained in a safe
condition. Each appliance, pipework and flue will be checked for safety once
a year. We have to keep a record of the safety check for two years after it has
been made.
Your responsibilities
Access to your home
3.14You must give access to the approved gas contractor so they can carry out the
yearly gas safety check.
3.15You must allow our Officers or anyone carrying written authorisation from us to
enter your property to inspect it or to carry out repairs or improvements. If you do
not allow us access we must give you 48 hours notice in writing before we visit
and we must tell you what time we will call. We will try to visit in normal working
hours. All our Officers carry ID cards, which you should ask to see.
3.16You must allow us to enter your home to carry out any work for as long as it is
necessary to do the work.
Decorating and reporting repairs
3.17You must let us know immediately if any electricity, gas, water or central heating
installations need repairing or if there are any other repairs needed to your
property that are our responsibility. (See your Tenants’ Handbook. Note the legal
rights, which you have for the repairs, which are our responsibility.) Subject to
your legal rights, if you arrange repair work directly with other organisations you
will have to pay the bill.
3.18You must look after your property and repair or replace anything that you or
anyone living with you, or visitors, have damaged or neglected. If you do not, we
have the right to enter your property to make good the damage and charge you
for doing so. Note that you may, at the discretion of the Council, be responsible
for the cost of repairing any damage which you were aware of or should have
been aware of and which you did not report to us.
3.19You must not cause or allow the premises to be damaged wilfully, recklessly, or
negligently. Any such damage will be your responsibility. We will charge you for
putting it right. This may include an administration charge.
3.20 You are responsible for decorating inside your home.
The action we could take
3.21In emergencies (for example, burst pipes), we have the right to enter your home
immediately without giving you notice.
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Tenancy agreement
Gas safety check
Tenancy agreement
3.22If you do not keep your home in reasonable decorative order, we may apply to a
court to repossess your home.
3.23We will not pay for any repairs where you or anyone living with you, or your
visitors, have damaged or neglected the property. In this case you will have to
meet the costs. However, in the case of criminal charges the Council requires a
crime number, which can be obtained from the Police.
3.24If you do not ask for our permission for improvements you carry out, we may apply
to a court to repossess your home. We may also ask you to return the property to
its original condition, or we may choose to do this and charge you for it.
3.25If we reasonably ask you to allow us into your home and you don’t reply, we may
ask the court for an injunction to force entry into your home. We will ask the
court to make you pay the legal costs.
3.26If you refuse to let us in, we may prosecute you for obstruction.
The action you should/must take
3.27You must report any repairs that are needed as soon as they come to your
attention.
3.28You must replace or repair any damage that you, visitors or anyone living in your
home (including children) have caused.
3.29You should tell your Housing Officer if you are going to be away from your home
for more than four weeks. This is in case we need to do repairs or gain access at
short notice.
3.30 You must not decorate the outside of your property
3.31You must make sure that you get our permission, in writing, before you carry out
any improvement or alteration to your home.
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Your rights
4.1You, visitors and anyone living in your home (including children) must respect
other people who live in your neighbourhood. We believe that each tenant has
the right to live in an environment that is free from intimidation and antisocial
behaviour. This means that we will investigate any complaints made by or
against tenants, but we cannot guarantee that we will take legal action in every
case.
Your responsibilities – behaviour
4.2 As a tenant you are responsible for:
•your own behaviour;
•the behaviour of any person who lives in your home, including children;
•the behaviour of any person who comes to visit you, including children; and
•the behaviour of any pets belonging to you, your visitors or anyone living with you.
This includes in your home, on surrounding land and on shared areas, for
example, stairs, landings, hallways, shared gardens, parking areas, play areas, or
the locality of your home.
Nuisance and annoyance
4.3You must not behave in any way that causes or is likely to cause nuisance, alarm,
distress or harassment to another person not of your household.
Examples would include:
• Car repairing
• Loud music
• Revving of motor vehicles
• Shouting / swearing / slamming of doors as to be heard outside your home
(This is not a complete list, it is just a guide.)
Harassment
4.4Harassment is caused when you offend other people or you interfere with their
peace and comfort.
4.5You must not do anything that could harass others on the grounds of race,
colour, religion, sex, sexual orientation or disability or interfere with neighbours’
peace and comfort or cause offence to neighbours, other occupiers in the
neighbourhood or anybody visiting the area.
You must not injure or threaten to injure our employees, contractors or agents.
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Tenancy agreement
4 Living in your community
Tenancy agreement
4.6You must not harass, assault others or abuse any neighbours, other occupiers in
the neighbourhood or anybody visiting the area.
Some examples of harassment:
• Violence, or threats of violence, towards any person
• Abusive or insulting words or behaviour
• Damage, or threats of damage, to property belonging to another person
• Writing threatening, abusive or insulting graffiti
• Racist behaviour, including written or verbal abuse
(This is not a complete list, it is just a guide.)
Antisocial behaviour
4.7 You, visitors and anyone living with you must not behave antisocially.
Some examples of antisocial behaviour:
• Violence, or threats of violence, towards any person
• Racist behaviour, including written or verbal abuse
•Prostitution
• Criminal activity in properties
• Drug abuse or drug dealing
• Alcohol abuse
• Verbal abuse and offensive behaviour
• Domestic violence
• Damaging property
• Malicious phone calls
• Writing graffiti
• Throwing objects off balconies or out of windows
• Blocking shared areas
•Storing petrol, diesel, paraffin, or vehicles powered by those fuels, in shared
areas
(This is not a complete list, it is just a guide.)
Criminal activity
4.8You must not use the property or communal areas for any illegal activity, for
example, drugs offences or any other immoral purpose. If you do with the
result that Police Officers or other public officials need to gain entry by force,
you may be charged for resulting damage at our discretion.
4.9You may have broken this agreement if you, visitors or anyone living with you
is charged for possessing controlled drugs in your home. Controlled drugs
include heroin, crack cocaine, cocaine, cannabis, non-prescription methadone,
mescaline morphine and ecstasy. (This is not a complete list, it is just a guide).
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4.10You must not commit, cause or threaten any violence against a member of your
household that would justify that person leaving the property.
4.11 You will have broken your tenancy agreement if:
•you are convicted of an offence involving violence, or a threat of violence,
against a member of your household; or
•a court order has been made against you to leave your home temporarily or
permanently because of your behaviour towards a member of your household.
The action we could take
4.12We:
•will investigate complaints of nuisance, annoyance, harassment, antisocial
behaviour, criminal activity or domestic violence;
•can ask the court for an order to repossess your home if you, visitors or anyone
living with you cause nuisance to, annoy or harass anyone else, or commit
anti-social behaviour, criminal activity or domestic violence;
•can apply for an injunction to protect you, or any person making a complaint,
from violence or a serious threat of violence;
•can apply for an antisocial behaviour order through the magistrates’ court,
which could result in you going to prison; and
•may ask an environmental health officer to investigate any complaint of noise
nuisance, or fly-tipping, or other environmental issues.
• may ask you to sign an Acceptable Behaviour Contract (ABC).
The action you could take
4.13You can help in any investigation by keeping records of any offensive behaviour
other people commit against you. You may have to keep records for a few
weeks before we can tell you if we will take any action.
4.14You must be willing to provide witness statements and in some circumstances
give your permission, in writing, for us to inspect records the police hold of any
complaints you have made.
4.15We or the police may ask you to appear as a witness if we decide to take the
matter to court. If you do not agree to act as a witness, we may not have
enough evidence to take the matter to court.
4.16Also, you have separate legal rights as a private citizen. If we decide not to take
the action you want, you can consult a solicitor or the Citizens’ Advice Bureau
about taking your own legal action.
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Tenancy agreement
Domestic violence
Tenancy agreement
5 In and around your home
Your responsibilities
Property
5.1 You must not damage, spoil or put graffiti on any property we own.
5.2You must not interfere with or damage the security and safety equipment in flats
or sheltered housing schemes. You must not jam doors open or let strangers in if
they do not have any identification.
5.3You must not carry on a business or trade from your property or allow anyone to
do so without our written permission.
5.4You must only use the entrance hall, stairs, lifts and landings for entering or
leaving your property and not for storage or any other purpose.
Gardens
5.5You must keep the garden, hedges and trees on the premises in a tidy and
manageable state and not remove any boundary hedges, or fences without first
obtaining our written consent.
5.6You must not store inflammable liquids in any part of the property other than
usual household items such as paint and petrol for motor mowers, and these
should be kept in a well ventilated, safe and secure outbuilding.
5.7You must not use your garden for storage of large quantities of materials, items
or dangerous items without prior approval from the Council.
5.8You must maintain any trees in your garden. If you believe that the tree may
be dangerous, or that the roots may be affecting underground services or
foundations, you should contact the Council, who will arrange inspection.
5.9You are responsible for maintaining any shed, greenhouse or other structure in
your garden.
5.10You must get our permission, in writing, to build a shed, greenhouse or
other structure, save that no prior permission is needed for a garden shed
or greenhouse measuring 8ft x 6ft or less placed in the rear garden. We will
normally give you permission if the size and proposed location of the structure
are reasonable.
5.11You are responsible for maintaining any fence, hedge or wall between you and
your neighbour’s garden (but see clause 5.5). If you want to repair or improve
the current fence, hedge or wall, you will be responsible for making the necessary
arrangements and paying any costs involved.
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5.13You must not park motor vehicles, caravans, boats or trailers on grass verges and
open spaces that are not intended for such parking.
5.14You must not take any mopeds or other mechanically-propelled vehicles into a
dwelling-house.
5.15You must get our permission, in writing, to build a driveway or hard standing at
your home.
5.16If you want to make arrangements to build a driveway or hard standing at your
home, you should contact Suffolk County Council Highways Department about
the crossover.
Domestic animals
5.17You must not keep an animal in the dwelling house where you have a communal
entrance or communal garden area.
5.18If you wish to keep any unusual animal (as defined under the Dangerous Wild
Animals Act 1976), you must obtain prior written consent from the Council.
5.19 These are the conditions for keeping pets:
• You must keep the pet under proper control at all times.
•The pet must not cause a nuisance or danger to people or other animals.
(Nuisance includes excessive or persistent noise.) In some cases, keeping many
pets in your home will cause a nuisance even if each pet is under control.
• You must not allow your pet to cause damage to our property or shared areas.
•You must not drop or leave any litter or any other refuse in any of the
communal areas or allow any animal in your control to foul these areas.
The action we can take
Property
5.20We may charge you for any repairs, or if we have to replace any security equipment
at our flats which you, visitors or anyone living with you has damaged.
5.21We may charge you for any necessary cleaning or repairs if you, visitors, anyone
living with you, or pets have damaged our property.
5.22 If you damage our property, we may apply to a court to repossess your home.
5.23If you run a business from your home without our permission in writing, we may apply to a court to repossess your home. If your business causes nuisance,
we could withdraw our permission for you to run a business.
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Tenancy agreement
5.12You must not park a vehicle, caravan or trailer on the property until there is
a properly made hardstanding or garage together with a dropped pavement
crossing. Any vehicles parked must be in roadworthy condition and must be
taxed or hold a SORN certificate.
Tenancy agreement
Gardens
5.24You must keep the garden, hedges and trees on the premises in a tidy and
manageable state and not remove hedges and fences without first obtaining our
written consent.
5.25We may choose to clear your garden and charge you for the work. This will only
happen in limited circumstances, such as where the garden is very overgrown and
you have not responded to requests to clear it.
5.26If you are elderly or have a disability, you may qualify for help with your garden.
Domestic animals
5.27If we receive a complaint that you have broken any of the conditions for keeping
pets, your Housing Officer will warn you that you must keep to the conditions.
5.28If you break the conditions again within six months of the warning, we will ask
you to find another home for the pet within 28 days, or we will ask you again to
keep to the conditions for keeping pets.
5.29If you cannot find another home for your pet within 28 days, or if you break the
conditions again within six months of the second warning, we will withdraw our
permission to keep the pet. We may also apply to a court to repossess your home.
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Tenancy agreement
6 Passing on your home
Your rights
6.1If you rent out the whole of your home to others then you will lose your Secure
tenancy. You cannot then regain your Secure tenancy by returning to live in your
home.
Lodgers
6.2You have the right to take in lodgers and ask them to pay you rent, as long as
this does not lead to your home becoming overcrowded. A lodger is someone
who rents a room in your home, but they cannot stop you from going into any
part of it. You must tell us the lodger’s name in writing. If you receive Housing
Benefit, you must also tell the Housing Benefit Department of the council that
your circumstances have changed.
Transferring or exchanging your home
6.3If you are a Secure tenant we will allow you to exchange your property with
another tenant of a local authority or registered social landlord, subject to the
statutory conditions that will have to be met.. You must not move before
both landlords give full written consent. If you are an Introductory tenant
you will need our permission in writing.
Succession
6.4Passing your tenancy to another person if you die is called a ‘succession’. There
can only be one succession of your tenancy.
6.5If you die, your tenancy may pass to your spouse or civil partner, as long as they
lived with you before your death. If they are already a joint tenant, they will
become the only tenant. In either case this will count as a succession.
6.6We will consider your unmarried or same-sex partner to be a member of your
family if they can show that you were living together for the last 12 months
before your death.
6.7Another member of your family can become the tenant,
as long as they have lived with you for the last 12 months before your death.
A member of your family is a parent, grandparent, child, grandchild, brother,
sister, uncle, aunt, nephew or niece. If your home is not suitable for this member
of your family, either because of size or type, we may offer that person suitable
alternative accommodation.
6.8If more than one member of your family wants to succeed to the tenancy, we will
decide who will take the tenancy. However, we will take account of any wishes
you may have set out in writing during your lifetime.
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6.9A person who succeeds to the tenancy will become a tenant with all the relevant
rights in this tenancy agreement.
6.10People who do not have the right to succeed will not be tenants, even if they
continue to live in the property.
Exchanging with another tenant
6.11You may have the right to exchange your home with another of our Secure
tenants, a Secure tenant of another local authority, or a tenant of a registered
social landlord (Housing Association).
6.12You must get our permission, in writing, before any exchange can go ahead. You
must use an exchange application form to do this.
6.13We must tell you of the outcome of your application within 42 days. We may
only refuse permission for certain reasons, for example if your home will be too
big or too small for the family you want to exchange with.
We may only refuse permission for reasons specified under the Housing Act 1985
(sch 3).
After a relationship has broken down
6.14If you get divorced, the Court which decides your divorce has the power to order
that the tenancy can be given to you or your spouse or civil partner.
6.15This rule applies whether or not your spouse or civil partner is already a joint
tenant.
6.16If you have been living together as spouse or civil partner but are not married, the
Court also has power to order the transfer of the tenancy.
6.17The court will have to send us a copy of the order before the transfer can take
place.
Transferring your tenancy
6.18You may want to move somewhere else but not want to leave your family
without a home to live in. In some cases, you may be allowed to hand over your
tenancy to a member of your family. This is called ‘assigning’ your tenancy.
6.19A member of your family is your spouse and civil partner, your partner, parent,
grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.
6.20You will only be allowed to hand over your tenancy to a member of your family
who has lived with you for the last 12 months and if you have not succeeded to
the tenancy from someone else. You should confirm with us whether the person
you want to assign your tenancy to is eligible to become the new tenant.
6.21If you are intending to hand over your tenancy to a member of your family, you
will need to ask a solicitor to draw up a ‘deed of assignment’. The solicitor will
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Your responsibilities
6.22You can pass on (assign) the tenancy to a person who would be legally entitled to
succeed to the tenancy with our prior written permission.
6.23If your name changes, you must provide proof of any change (for example, a
marriage certificate and National Insurance number) if you want us to change the
name shown on your tenancy.
6.24You can leave the property for more than 4 weeks at a time with our prior
written permission if you:
• tell us when you expect to come back
• give us a forwarding address
•give us a name of someone we can contact if there is a problem with your
property
The action we can take
Subletting
6.25If you sublet part of your home without our permission, we may apply to a court
to repossess your home.
6.26If you sublet all of your home, you will lose your rights under this agreement and
we may apply to a court to repossess your home.
Succession
6.27By law, we must send a ‘Notice to Quit’ to people who are responsible for
dealing with your property after your death (these are called your executors or
administrators).
6.28If more than one member of your family wants to take on the tenancy, we can
decide who will take the tenancy. We will consider any requests you may have
put in your will or in writing.
6.29If you have succeeded to this tenancy and we decide that your home is too large
for you, we may offer you another home which is more suitable to your needs.
If you refuse to move to another home, we may apply to a Court to repossess
your home. However, we will take account of all the circumstances of your case
before we decide to do this.
Exchanging with another tenant
6.30If you have exchanged homes with another person and do not have our
permission in writing, we may apply to a Court to repossess your home.
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then need to send the deed to us. Assignments are most commonly used if you
move into residential-care accommodation.
Tenancy agreement
6.31If you offer or accept any money or other financial incentive from another tenant
to exchange your home, we may apply to a Court to repossess your home.
Assigning your tenancy
6.34If you assign your tenancy to someone who is not eligible to become the new
tenant, that person will not be a secure tenant and we may apply to a Court to
repossess the property.
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Tenancy agreement
7 Ending your tenancy
Your rights
7.1 You have the right to end your tenancy at any time.
Your responsibilities
7.2You may end the tenancy by giving us, in writing, 4 weeks notice ending on a
Monday.
7.3 When the tenancy ends for whatever reason you must ensure that:
• Your rent is paid up to the date your tenancy ends
• No possessions are left in the premises
• The property is clean
• Any garden is tidy
• The fixtures and fittings are in good condition
• Everyone in the premises has moved out
If you do not comply with these requirements then we will charge you the cost of
putting the property right. The costs may include legal costs, staff time, lost rent
and cost of repairs or replacement, if we would otherwise have been able to let
the property more quickly.
7.4If you are joint tenants, you are both liable for all the rent and other
responsibilities of the tenancy. If one of you moves out without giving us notice,
that person will still be liable for the rent and other responsibilities of the tenancy
until they have given us notice.
7.5You must allow new tenants and our staff access to view your home within the
final four weeks of your tenancy. We will arrange suitable appointments to do this.
7.6 You must return all keys to us by 10:00am on the day that the tenancy ends.
The action you can take
7.7If you want to end your tenancy, your Housing Officer can give you a standard
notice and help you fill it in. If you are joint tenants, either one of you can end
the whole tenancy by giving us notice. We will decide if the other person is
allowed to stay at the property. You should discuss this with your Housing Officer.
The action we will take
7.8We will arrange to inspect the property when you give us notice to end your tenancy. If any repairs are needed to the structure, fixtures or fittings, which are not
the result of fair wear and tear, we may charge you for the cost of these repairs.
7.9If you leave the property without telling us that you intended to end your
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tenancy, you will be responsible for the full rent until the date the tenancy ends
legally.
7.10We expect you to leave the property totally empty unless you have agreed with
your Housing Officer that you can leave carpets if they are in excellent condition.
We will get rid of any other belongings you leave in the property on the date
your tenancy ends, but we will charge you for this.
How we can end your tenancy
7.11As well as the situations we have explained in this agreement about when we can
end your tenancy, we can also end it if it stops being a Secure tenancy. There are
only a few circumstances where this could happen. For example, if you stop living
in your home as your only or main home. If your tenancy does stop being a Secure
tenancy, we may end your tenancy by giving you four weeks’ notice, in writing.
7.12We can end your Introductory Tenancy if you are in breach of any terms and
conditions set out in this agreement. We can only bring your secure tenancy to
an end by one or more of the grounds set out in Housing Act 1985 Schedule 2.
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Waveney District Council Tenants Handbook
Your rights
Information
8.1You have the right to information about your Secure tenancy. This agreement and
the tenants’ handbook will give you information about the terms of your Secure
tenancy. If you need any more information, you can speak to your Housing Officer.
8.2The Council may share your information with other public bodies for housing
management purposes from time to time.
Data Protection Act 1998
8.3Under the Data Protection Act 1998, you have the right to see information that
we hold about you, your partner or your family. You may not be able to see
everything, for example, details about other tenants. You can get copies of
the information, but you will have to pay a charge set by the Data Protection
Commissioner.
Local tenants’ and residents’ groups
8.4You have the right to start or join a local tenants’ or residents’ group. Ask our
Tenant Participation Officer or your Housing Officer for information about groups
in your area or about how to start one.
8.5We encourage tenants to get involved in decisions and managing their homes,
and to take part in any training and development they may need.
Consultation
8.6You have the right to be consulted about important changes in our Housing
Service.
8.7We will ask for your views about any of our housing plans if they substantially
affect you (for example, modernisation or improvement work that is planned for
your home or your area). We will involve you or your tenants’ or residents’ group
in local housing issues.
8.8We may vary the agreement by either agreeing with you to allow such a change
or by serving a Notice of Variation. If we serve a Notice of Variation you will have
the right to comment on the proposed changes.
8.9We must deal with your complaints efficiently and effectively. We have a formal
complaints procedure. Any of our officers will be able to tell you what you have
to do to make a formal complaint. If you are still not satisfied after following our
complaints procedure, you can refer the matter to:
The Local Government Ombudsman
Waveney District Council Tenants Handbook
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Tenancy agreement
8 Information & consultation
Waveney District Council,
Customer Services Centre,
The Marina, Marina,
Lowestoft, Suffolk, NR32 1HR
W:www.eastsuffolk.gov.uk
E:[email protected]
T: (01502) 562111