h

Starter Tenancy Agreement Conditions of tenancy

Address:_____________________________ Tenancy Ref Number:____________________

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Contents Page Section 1 - Jargon Buster Section 2 - Your Details Section 3 - Our Details Section 4 - The Agreement Section 5 - Rent Section 6 - Our Responsibilities – Your Home Section 7 - Your Responsibilities  Your Home  Living in your community  In and around your home Section 8 – Transferring your tenancy Section 9 - Ending your tenancy Section 10 - Information and Consultation Section 11 - Conversion of the tenancy Section 12 -Your Declaration to us and Our Declaration to you

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SECTION 1 – JARGON BUSTER JARGON

MEANING IN PLAIN ENGLISH

Mutual Exchange Fixtures and fittings Starter Tenancy

To swap homes with another person

Trial Period Assignment Tenancy

The period during which you are on a Starter Tenancy Agreement. Legally passing your Tenancy to another person. This is the occupancy of a property by an individual, or joint tenants the terms between the Landlord and the Tenants being governed by the Tenancy Agreement or Lease. A legal document outlining the terms and conditions of the tenancy.

Tenancy Agreement You Vehicle Shared Areas / Communal and Common Parts HB or Housing Benefit

All of our appliances and furnishings in the property, including installations for supplying or using gas, electricity and water. A ‘trial’ tenancy, which will be an Assured Shorthold Tenancy, is converted at the end of the trial period into a full Assured Tenancy if you keep to the terms of the Agreement.

The tenant and, in the case of joint tenants, any one or all of the joint tenants. For example; car, bus, lorry, motorbike, bike, boat, caravan, motor home and so on. The parts of the building which all tenants can use, for example; halls, stairways, entrances, landings, shared gardens, lawns and landscaped areas.

A means tested welfare benefit administered by the local authority providing eligible resident’s assistance in meeting the cost of rent. Helps residents to pay their rent. All tenants, Council, Housing Association or private, are eligible to apply. How much help anyone receives depends on their income and other circumstances.

ASB (Antisocial Behaviour) Notice of Seeking Possession (NOSP) Succession

Notice to Quit Injunction

Behaviour that is likely to, or does, cause nuisance, alarm, distress or harassment to any other person. See Section 7 of this Tenancy Agreement. Is a notice served by your Landlord on a tenant telling the tenant that the landlord intends to apply to court for possession of the Property.

The right to receive a transfer of the tenancy of a property on the death of a tenant. For example, if a husband and wife lived together in a property and the husband was the tenant, upon his death the wife would automatically take over the tenancy or, upon a tenant leaving the premises, the right to transfer the tenancy to a person who would have had a right to succeed if that tenant had passed away. Notice given either by the landlord or the tenant to end the tenancy. A Notice to quit cannot be served by a landlord to end an assured tenancy. A Court Judgment ordering someone to do something or to stop doing something.

“We”, “Us”, Lune Valley Rural Housing Association “the Association” “Landlord” The Tenants The new regulator of Social Housing who over sees Housing Associations Services Authority 3

SECTION 2 - YOUR DETAILS Tenant’s name(s) (give date of birth and National Insurance details) Name:……………………………....

D.O.B………………….. NI…………………

Name:………………………………

D.O.B…………………. NI…………………

Other household members ( for example children, other people living in household) Name Relationship to Tenant D.O.B ....……………………….

...........................................

…………..……………….

....……………………….

...........................................

…………..……………….

....……………………….

...........................................

…………..……………….

Address of Tenancy (home you are moving into) – “the Property” …………………………………………………………………………………………………. …………………………………………….. Postcode…………………………….. (including shared/sole/no use of a/the garden) (*delete as appropriate) Property type:……………………….. Bedrooms:………………. person house/maisonette/flat This tenancy begins on: ………………………………….. for a week and thereafter weekly until brought to an end and it is an Assured Shorthold Starter Tenancy, the terms of which are set out in this agreement. Rent & Other Charges (All charges are payable by you as part of your Total Weekly Rent) Type of Charge A) Weekly Rent:

Amount £

B) Service Charge: (some charges are eligible for £ housing benefit such as communal gardening costs)

(eligible for HB)

C) Service Charge: (some charges are ineligible for £ housing benefit such as water charges)

(ineligible for HB)

Total weekly payment of rent:(the full amount of Total weekly rent payable= £ rent to pay for your home is the sum of A,B, and C

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SECTION 3 – OUR DETAILS This Tenancy Agreement is a legally binding document. It sets out your rights and responsibilities as one of our tenants; it also sets out our obligations as a landlord to you. If you would like to get legal advice about this tenancy agreement, you should visit a Citizens Advice Bureau or see a solicitor.

We, Lune Valley Rural Housing Association Limited (“Lune Valley”) of [insert address] are your Landlord. Lune Valley has appointed Chorley Community Housing of 24-26 Gillibrand Street, Chorley, PR7 2EL as its agent to manage your property on its behalf. Where your Tenancy Agreement says you should have any kind of contact with the Association, whether it is to pay rent, serve notice, ask for information or any other reason you should contact Chorley Community Housing. Until Lune Valley writes to you to tell you otherwise Chorley Community Housing will have the authority to reply to queries and respond to requests on Lune Valley behalf.

Service of Notices: Notice is hereby given in accordance with section 48 of the Landlord and Tenant Act 1987 that the address of the Association for the receipt of legal notices, and any other communication arising from this Agreement, is as given below:

Chorley Community Housing Limited 24-26 Gillibrand Street Chorley PR7 2EL

Any legal notice, or any other communication arising from this Tenancy Agreement, shall be validly served on you if posted or delivered to the Property.

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SECTION 4 – THE AGREEMENT

4.1.

This agreement for a starter tenancy applies to you for a period of up to 12 months from the start date of your tenancy or until converted to a full Assured Tenancy in accordance with Section 11 of this Agreement, “the trial period”. This agreement is an Assured Shorthold Starter Tenancy. The agreement does not give you all the rights of an assured tenancy. In particular, it does not give you security of tenure. This agreement is not a fixed term tenancy but an assured shorthold weekly periodic tenancy within the meaning of Part I, Chapter II of the Housing Act 1988 (as amended) for the duration of the trial period.

4.2.

Your tenancy is for the Property and (where applicable) any gardens, boundary hedges/fencing, dividing fencing to front gardens and any other permanent outbuilding.

4.3.

The Association will ask you to confirm that the condition of the property is acceptable when you move in, or to notify them at this point of any problems that you have identified.

4.4.

You may lose your right to live in your home if a court grants us a possession order for reasons outlined in this agreement.

Information and data protection 4.5.

The Association will treat all information we receive in relation to this tenancy in line with the Data Protection Act 1998 (as amended).

4.6.

The Association will allow you to have reasonable access to personal information we hold about you (as long as someone has not given us this information in confidence). You can correct your information, or record your disagreement with any information we hold. You may apply in person at Turner House, 56 King Street, Leigh, WN7 4LJ, or by writing to the same address. If you need any copies of information, you will have to pay a reasonable fee to cover our expenses.

4.7.

The Association will not give information about you or other people living with you to anyone else without your permission unless: 

It is in the public interest to do so, to prevent or detect crime, or when considering whether to take legal action; or



in connection with Police investigations; or



in connection with investigations of benefit fraud;



it would put a child at risk if we did not do so; or



a court orders us to release information.

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SECTION 5 – RENT, SERVICE AND OTHER CHARGES

5.1.

In this agreement the word “rent” includes weekly rent and all the charges that make up the total weekly rent payable as set out on page 4.

5.2.

You must pay the rent and (if applicable) service charge in advance on the Monday of each week.

5.3

You agree that any Housing Benefit you are entitled to will be paid straight to the Association from the Authority that pays it.

Changes to your Weekly Rent 5.4

(i)

5.5

(i)

The Association may increase or decrease the Rent on or at any time after the 1st October in each year (“The Rent Increase Date”) by giving you not less than one month’s prior written notice of the increased rent in accordance with the following: On the first Rent Increase Date which follows the granting of this tenancy the Rent shall be increased by no more than a percentage equivalent to the published increase in the Retail Price Index (“RPI”) plus [one half] per cent [plus £2.00] (or such lesser or greater sum as the Association may decide as appropriate). On any Rent Increase Date after the first Rent Increase Date, the Association may increase the Rent in accordance with Section 13 of the Housing Act 1988 as it applies from time to time The increase in the RPI to be applied on any rent increase shall be that published for the month of [September] before the issue of the relevant rent increase notice.

5.6

If the RPI ceases to be published subsequent rent increases shall be made by reference to any index measuring the increase in the costs of living, which may replace it to be determined at the Association’s discretion

5.7

On any rent increase subsequent or following the first Rent Increase Date you have the right to apply to the Rent Assessment Committee in accordance with the provisions of Sections 13 and 14 of the Housing Act 1988 for a determination of the rent which the Association might reasonably be expected to obtain under this Tenancy and if a Rent Assessment Committee shall make such a determination the Rent payable hereunder shall be the Rent as so determined.

The “Rent Assessment Committee” is an independent panel of persons who decide on the rent payable. The Service Charge 5.8

The Association may (if applicable) provide services for which you must pay the service charge included in the rent. The cost of providing services will be divided on a fair and reasonable basis. Services could include cutting grass, maintaining shrub beds, cleaning and maintaining shared areas, maintaining shared car parking areas, in adopted footways and roadways, drying areas and playing areas. This is not a complete list, it is only a guide. The services provided are set out in Appendix 1 of this Agreement. 7

(i)

The Association will work out the cost of services using the costs which arose during the 52 weeks up to the service charge review date. If in the first year of a new development the service charge review date is less than 52 weeks, we will use estimated costs. We may also consider: 

any reasonably expected costs;



any increase in costs we know about; and



costs for future spending, such as renewing the equipment listed in the Appendix of service charges attached to this tenancy agreement.

(ii)

We may also consider any costs we know about or expected cost for the next 52 weeks as long as those costs are reasonable.

(iii)

If the actual cost or services provided in any one year is higher or lower than the income received in services for that year, the following will apply.

(iv)

If you have not paid enough service charges, the amount needed will be shared out between the tenants and added to the service charge payable for the following year.

(v)

If we agree that you have paid too much for the service charge, any extra amount will be credited to your service charge account.

(vi)

We reserve the right to establish a Reserve and/or Sinking fund to cover any future anticipated expenditure, where appropriate. The Association agrees that when assessing sums needed for any Reserve Fund/Sinking Fund, they will ensure that unnecessary reserves are not accumulated.

Changing the Service Charge 5.9

The service charge can vary under the conditions of the Landlord and Tenant Act 1985 (as amended). The Association may increase or decrease the service charge at any time. We will give you at least a month’s notice of any change in the amount of service charge you must pay. This notice may be given separately or in conjunction with notice from the Association to you outlining changes to your weekly rent or other charges as detailed in clause 5.5.

5.10 The Association reserves the right to increase, add to, remove, reduce or vary services it provides and may charge additional charges for new services by giving one month’s written notice, but only to the extent that in our reasonable opinion it is necessary and in the interests of good housing management. We reserve the right to charge for additional services provided or support provided. 5.11

The Association can only make reasonable service charges and the services or work we provide must be of a reasonable standard. If you believe that your service 8

charge is unreasonable (in terms of the amount charged or standard of work) you may be able to apply to the leasehold valuation tribunal for a decision as to what is reasonable.

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SECTION 6 – OUR RESPONSIBILITIES YOUR HOME Repairs 6.1.

The Association will repair:

(i)

The structure and exterior of the dwelling house (including drains, gutters and external pipes),

(ii)

Keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and:

(iii)

Keep in repair and proper working order the installations in the dwelling house for space heating and heating water.

6.2.

If you have installed any system for the supply of water, gas, electricity or installations for space heating and heating water in the property you must maintain such appliances and installations yourself. You will need to get the Association’s permission in writing to install any of the installations or appliances mentioned in this clause.

6.3.

When the Association is assessing what repairs or maintenance are reasonable they can consider the age and character of the property, and how long it is likely to last.

6.4.

The Association is not responsible for providing dustbins for individual homes, or for repairing or maintaining anything which you can take away from the property.

6.5.

The Association will carry out repairs which they are responsible for within a reasonable time of finding out the repair was needed. The length of time will depend on how urgent the repair is and their service standards in force at the time.

6.6.

However, the Association will not pay for repairs if:

(i) They are needed because you or anyone living with you or visitors have damaged or neglected the installations; or (ii) Such repairs are required to installations and/or appliances installed by yourself or as a result of any improvements or changes to the Property made by yourself whether such installations, appliances, improvements or changes have been made with the written permission of the Association or not. 6.7.

The Association will insure the structure of the property against loss or damage by fire and other risks which the Association thinks should be covered. Your personal belongings and furniture will not be covered by their insurance policy and you must get your own contents insurance to cover such items.

6.8.

The Association will keep any communal entrances, halls, stairway, lifts, passageways, rubbish chutes and any other communal parts in reasonable repair.

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6.9.

The Association may offer you temporary alternative accommodation if they need to carry out major repairs which require you to move out of your home.

6.10. If the Association offers you temporary accommodation whilst repair works are undertaken you must move back into your original home when those repair works are completed or at any time which has been agreed between you and the Association. Gas Safety Check 6.11. You must allow the Association’s employees, or contractors acting on their behalf, into your home at reasonable notice (usually 24 hours) for the following purposes:  To carry out repairs, services or other necessary work or safety inspections at the property, to the shared areas (such as lifts, landings, walkways, entrance halls, drying areas, bin stores, shared gardens or parking areas) or at neighbouring properties.  To carry out yearly gas service inspections at the property.  To inspect the condition of the property.  To install, inspect, repair renew, maintain and remove pipes, conduits, wires and cables. You must also allow gas, electricity and water suppliers into your home to carry out maintenance work. If you do not let the Association or their contractors into your property, you could be putting yourself and your neighbours at risk. In these cases, the Association can take legal action to enter the property and you may have to pay the Costs. The Association takes seriously their responsibility to carry out yearly gas safety inspections and you are expected to co-operate with them to achieve this. They will not hesitate to take whatever legal action is necessary to protect yourself and your neighbours. This could include proceedings to recover possession of your home”.

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SECTION 7 – YOUR RESPONSIBILITIES – YOUR HOME 7.1

You must let the Association know immediately if there are any repairs needed to your Property which are the Association’s responsibility, including any electricity, gas, water or central heating installations which need repairing or if there are any other repairs needed to your property which are the Association’s responsibility. If you arrange repair work directly with other organisations you will have to pay the bill.

7.2.

You, other occupiers and/or visitors to the Property must not either wilfully, recklessly or negligently cause damage to the Property or any shared or communal areas or facilities. Any such damage to your home or our fixtures and fittings or to the common parts caused by you or any member of your household or any visitor to your home, fair wear and tear excepted, must be made good by you. You will be charged for any works undertaken by the Association as a result of a breach of this clause. Such charges will be added to your rent account.

7.3.

You must keep the inside of the Property;  Clean and tidy;  free from pests and vermin;  decorated to a reasonable standard.

7.4.

You are responsible for minor repairs including, but not limited to:  Cracked or broken glass  Internal doors, (except fire doors or communal doors) door handles, hinges and cupboards catches.  Keys, light bulbs and plugs.  Toilet seats, washers and blocked sinks and basins.

Access to your home 7.5.

You must allow authorised employees or contractors of the Association access to the Property at all reasonable hours to inspect or carry out repairs or routine servicing.

7.6.

The Association will normally give at least 24 hours notice if access is required, but in an emergency, you must allow immediate access.

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Changes to your Property No changes/improvements will be allowed during the Assured Shorthold Starter Tenancy Trial Period 7.7.

You must obtain the Association’s written permission before you make any changes to the property or garden. Examples include, (this is not an exhaustive list):

7.8.



Carrying 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;



Placing or erecting any structure on your property e.g. garage, hardstanding, path, shed, driveway, greenhouse, outbuilding, fence or other similar structure;



Erecting any posts or other structure on any parts of the communal gardens or drying area;



If you have a garden, removing or altering any trees, boundary hedges or fences. Building a driveway or hard standing.

If written permission is given the Association can specify that the work is done in a certain way, or to a certain standard.

(i)

The Association will expect the work to be carried out by a reputable contractor;

(ii)

The Association will check that the work will not damage your home or make it unsafe.

(iii)

You will be required to obtain planning permission where necessary and provide the Association with evidence of this before any approved works are started. You will be responsible for making good any changes to the Property which are not done to the specification given to you by the Association. You will be charged for any works undertaken by the Association as a result of a breach of this clause.

7.9.

Before any approved works are started, you must supply the Association with evidence that either you or any contractor you have instructed or employed has sufficient Public Liability Insurance.

7.10

The Association may inspect works in progress and on completion.

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7.11

You may be entitled to compensation for any improvements you make to your Property if you choose to bring the Tenancy to an end. You should speak to the Association for further information on your rights to compensation.

7.12

If your name changes, you must provide the Association with proof of any change (for example, a marriage certificate and National Insurance number) if you want the Association to change the name shown on your tenancy.

7.13. If you are going to be away from the Property for a period of 4 weeks, or more, you must:(i)

tell the Association when you expect to come back

(ii)

give a forwarding address

(iii)

give a name of someone the Association can contact if there is a problem with the property and who will be able to allow us access to the premises in case of an emergency.

7.14. If there are joint tenants, you are both liable for the total weekly payment of rent and other responsibilities outlined in this Tenancy Agreement. 7.15. You must obtain the Association’s written permission before affixing any CCTV camera or equipment to the interior or exterior of your Property or to any communal or shared area. Council Tax 7.16

You must pay Council Tax (or any other local tax which may replace it) to the local authority. You must give the local authority any information they are entitled to so that they can tell you how much to pay.

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LIVING IN YOUR COMMUNITY

Your responsibilities - behaviour 7.17. As a tenant you are responsible for:  your own behaviour;  the behaviour of any person who lives in your home/property, 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, in communal/shared areas and in and around your neighbourhood for example, stairs, landings, hallways, gardens, parking areas, play areas. Nuisance and Anti-social Behaviour 7.18. You, or any person who resides at or visits the Property must not behave in any way that causes or is likely to cause nuisance, annoyance, alarm, distress or harassment to any other person, who resides, visits or is lawfully in the locality of the Property. This will include other persons who reside with you or visit you Examples of this type of behaviour, would include but is not limited to: Loud music or noise  Violence, threats of violence or abusive behaviour  Damaging property  Dog barking and fouling  Shouting  Slamming doors  Criminal Activity Harassment 7.19. You or any person who resides at or visits your property must not harass, or threaten to harass or cause nuisance or annoyance to others on the grounds of race, ethnicity, religion, sex, sexual orientation or disability, or interfere with the peace and comfort of neighbours, other people in the neighbourhood or anybody visiting the locality of the Property. This includes employees of the Association its agents and contractors.

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Malicious Complaints 7.20. You must not make or allow any person who resides at or visits your property to make false or malicious complaints to the Association about any other person. To do so will be a breach of this tenancy Agreement. Abuse of Staff 7.21. You or any person who resides at or visits your property must not injure, threaten, abuse or harass any employee, agent or contractor of the Association. Use of property 7.22.

You or any person who resides at or visits the Property, must not use the property or communal areas for any illegal or immoral purpose, for example the sale, supply or use of illegal substances. If you do with the result that Police Officers or other public officials need to gain entry by force, you will be charged for resulting damage by the Association.

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IN AND AROUND YOUR HOME

Your responsibilities The Property 7.23. You must use the Property as your only or principal home. 7.24. You or any person who resides at or visits the Property, must not damage, spoil or put graffiti on the Property or any communal or shared areas. 7.25. You or any person who resides at or visits the Property, must not interfere with or damage any security or safety equipment fitted to the Property or any communal or shared facilities. In shared or communal areas you must not wedge doors open. 7.26. You or any person who resides at or visits the Property, must not carry on a business or trade from the Property without the Association’s written permission. 7.27. You or any person who resides at or visits the Property, must not obstruct or store any items in communal or shared areas except where the Association has supplied storage facilities for the use of tenants. By signing this Tenancy Agreement you agree the Association shall have the right to remove all items causing an obstruction or being stored in communal or shared areas without being liable for any loss or damage to such items. 7.28. You must not cause the Property to become statutorily overcrowded. 7.29. You or any person who resides at or visits the Property, must not store flammable liquids or gases at the Property or in any communal or shared area. Such materials include, but are not limited to gas canisters, petrol or diesel.

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Gardens 7.31. Tenants in flats will be jointly responsible for both front and back gardens unless informed otherwise in writing by the Association or if such areas are included in the services provided by the Association pursuant to this Agreement and charged for as a service charge. 7.32. You must keep the garden, hedges and trees on the Property in a tidy and manageable state and not remove any hedges, trees or fences without first obtaining the Association’s written permission. If permission is not sought you must return it to its original state. Any restoration work carried out by the Association as a result of your non compliance will be re-charged to your rent account. 7.33. You must keep your garden in a clean and tidy condition. You must not allow rubbish or debris to accumulate and furthermore you must not store large quantities of unsightly materials or household waste in your garden. 7.34. You must maintain any trees in your garden. However, if you believe that the tree may be dead, diseased or dangerous, or that the roots may be affecting underground services or foundations, you should notify the Association. 7.35. You must get the Association’s written permission, to remove a tree or hedge, as it may be in a protected or conservation area. 7.36. You are responsible for maintaining any shed, greenhouse or other structure in your garden. You must get the Association’s permission to erect a shed, greenhouse or any other structure in your garden. 7.37. You must get the Association’s written permission to build a driveway or hard standing at the property. (see clause 7.7 – changes to your property). 7.38. If you want to make arrangements to build a driveway or hard standing at your Property you should contact the Local Authority Highways Department about the dropped kerb that will be required, and furthermore obtain any planning permission that is necessary. 7.39. You must not park any vehicle on the property unless there is a properly constructed hard standing or garage together with a dropped pavement crossing. Any vehicles parked must be in roadworthy condition and fully insured and taxed. 7.40. You must not park any trailer, caravan, motor home or commercial vehicle at the Property without the written permission of the Association. 7.41. You or any person who resides at or visits the Property must not park any motor vehicle, motor home, caravan, boat or trailer on any grass verges, pathways or open spaces that are not intended for such parking without the Association’s written permission, furthermore you should not park any such vehicle as mentioned above so as to cause an obstruction to any person (or their vehicle) who is lawfully in the locality of the Property.

7.42. You or any person who resides at or visits the Property, must not take any petrol or 18

diesel engine vehicles into the Property (including motorcycles) or store such vehicles in any communal or shared areas not intended for the storage or parking of such vehicles. 7.43. You, or any person who resides at or visits the Property must not use any parking spaces provided for parking unroadworthy, untaxed, or uninsured vehicles or motorcycles. 7.44. You or any person who resides at or visits the Property, must not use the Property, driveways, shared areas or car parks for carrying out vehicle repairs(except minor repairs, for example changing a wheel or checking oil and water levels) or in any way that causes or is likely to cause a nuisance or annoyance to neighbours. Domestic animals 7.45. You must obtain written permission from the Association if you wish to keep any pets at the Property. 7.46. Where written permission is granted for the keeping of pets, the following conditions must be adhered to: (i)

You must keep the pet under proper control at all times.

(ii)

The pet must not cause a nuisance, annoyance, disturbance or danger to people or other animals in the locality of your property. (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.

(iii)

You must not allow your pet to cause damage to the property or any communal areas.

(iv)

You must not allow any animal in your control to foul communal areas. In the event that the animal does foul any of these areas, you must ensure that you hygienically dispose of any fouling by your animal.

7.47. Where permission is given, the Association reserves the right to withdraw permission to keep pets/domestic animals should they cause a nuisance, annoyance or disturbance to any other person or if they are not kept and looked after properly.

SECTION 8 – TRANSFERRING YOUR TENANCY

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Sub-letting 8.1.

You must not sublet the whole or any part of the Property.

Lodgers 8.2.

Before taking in any lodger, you must inform the Association of the name, age and sex of the intended lodger and of the accommodation he or she will occupy.

Exchanging with another tenant – Mutual Exchange You are not allowed to mutually exchange your tenancy during the Assured Shorthold “Starter Tenancy” Period. 8.3.

As soon as your Tenancy converts to a Full Assured Tenancy in accordance with Section 11 of this Agreement the Association will allow you to apply to mutually exchange your tenancy with another Local Authority or Registered Social Landlord Tenant.

8.4.

The Associations written permission is required before such a mutual exchange can take place.

8.5. The Association will only refuse to give their written permission for one of the reasons listed in Schedule 3 of the Housing Act 1985 or in accordance with the terms of the Association’s Allocation Policy in respect of the need to establish a local connection. You can read the Housing Act 1985 at the Association’s offices, a public library, a Citizens Advice Bureau, a Solicitor’s office or an independent Advice Agency. 8.6.

When the Association gives their permission they may set a condition that you must pay any rent you owe them or put right anything that breaches this Tenancy Agreement before you exchange.

8.7.

If the Association wants to refuse permission or set a condition they must tell you within 6 weeks of receiving your application for permission.

8.8.

If you exchange without asking the Association, while awaiting their permission or without keeping to any condition they set, both you and the person you exchange with may lose security of tenure. This means you will have no right to stay in your new home or get your old one back.

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Succession If you, the existing Tenant succeeded to the Tenancy then no further succession or assignment can take place and clauses 8.9 to 8.25 will not apply. 8.9.

In this Agreement, successor means the following people:  A partner (including husband and wife) who the tenancy passed to under the Housing Act 1988;  Someone who had a joint tenancy and has become a sole tenant;  Someone who has had the tenancy assigned to them pursuant to clauses 8.21 to 8.25 below;  Someone who becomes the tenant after exchanging under the Right to Exchange Scheme, if they were a successor under their previous tenancy; (see clause 8.3 – 8.8 above).  Someone who became the tenant after a Court Order in family proceedings, if the person they got the tenancy from was a successor;  Someone who was granted a new tenancy by us under clause 8.15 below.

8.10. If you are a joint tenant and you pass away then the tenancy will continue in the name of the remaining tenant(s). If the remaining tenant(s) no longer live in your home we will seek to end the tenancy During the assured shorthold starter tenancy trial period 8.11. Should you pass away during this period, your tenancy will pass to your husband, wife or civil partner as long as they lived with you immediately before you died. 8.12. The Association will pass your tenancy to your unmarried or same sex partner if they can show that you were living together as partners immediately preceding your death. Upon conversion to a full assured tenancy 8.13. Should you pass away after your “trial period” has ended and the tenancy has converted to a full assured tenancy, pursuant to Section 11 of this Agreement, your tenancy will pass to your husband, wife or civil partner as long as they lived with you immediately before you died. 8.14. The Association will pass your tenancy to your unmarried or same sex partner if they can show that you were living together as partners immediately preceding your death. 8.15. If the tenancy does not pass to your spouse, civil partner or unmarried or same sex partner under clauses 8.13 to 8.14 above and you are not a successor, the Association will: (i)

Consider whether to offer a new tenancy of the property or of another property to another member of your family if that person lived with you for at least 12 months before your death and the property was his/her only home during that time. 21

(ii)

The Association will also consider granting a new tenancy to anyone who was living with you before your death for at least a year and who had been looking after you or had accepted responsibility for looking after your dependants.

8.16. For the purposes of succession and clause 8.15, a member of your family is a parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. 8.17. Should more than 1 member of your family or other person assert a right to pursuant to clause 8.15 the Association reserves the right to decide who may become the Tenant. 8.18. When deciding whether to grant a new Tenancy in accordance with the provisions of clause 8.15 the Association will look at the size and type of property although these may not be the only matters we will consider. 8.19. All applications to be given the new tenancy must be made to the Association in writing within one month of the tenant’s death. 8.20. Should this tenancy pass to any party by Will or Intestacy, the Association reserves the right to recover Possession in reliance upon Ground 7 to Schedule II of the Housing Act 1988 (as amended). Assigning your tenancy An assignment of your tenancy can only take place when you have become a full assured tenant and the tenancy has converted to such in accordance with Section 11 of this Agreement and not during the Assured Shorthold Weekly Periodic Tenancy. 8.21. You may want to move somewhere else but not want to leave your family without a home to live in. You may be allowed to hand over your tenancy to a member of your family. 8.22. A member of your family is your husband or wife, your partner, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. 8.23. This right is only reserved to members of your family who are compliant with clause 8.24 below. 8.24. You will only be allowed to assign your tenancy to a member of your family who has lived with you throughout the preceding 12 months and if you, the tenant, have not succeeded to the tenancy from someone else. You should confirm to us whether the person you want to assign your tenancy to is eligible to become the new tenant. The onus is upon you to prove to the Association’s satisfaction that the person you wish to assign the tenancy to is eligible pursuant to the terms of this clause. 8.25. In order to assign the tenancy as detailed above, the Association’s written permission is required. Such permission will not be unreasonably withheld. Consideration will be given to the size and type of property although these may not be the only matters the Association will consider. 22

SECTION 9 – ENDING YOUR TENANCY

How you can end your tenancy 9.1.

You may end the tenancy by giving us, at least 4 weeks notice in writing ending on a Sunday.

9.2.

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 and cost of repairs or replacement. You may also be charged for any rent lost for the period that we are not able to let the property due to you not complying with the above.

9.3.

You must allow new tenants or prospective new tenants and the Association’s staff access to view your home within the final four weeks of your tenancy. The Association will arrange suitable appointments to do this.

9.4.

You must return all keys to us by 12 noon on the day after the tenancy ends.

9.5.

If 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 4 weeks notice in writing ending on a Sunday.

9.6.

The Association accepts no responsibility for anything left at the Property by you at the end of the Tenancy. Any items left at the Property after the Tenancy has terminated will be disposed of in any manner, which the Association may think fit. The costs of such disposal may be recovered from you.

How the Association can end your tenancy 9.7.

You have the right to occupy the Property without interruption or interference from us for the duration of this tenancy except for obligations contained in this agreement or in legislation to give access to the Association’s employees and/or contractors.

9.8.

So long as you occupy the Property as your only or principal home the Association can only bring your tenancy to any end by one of the following means:

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Assured Shorthold Starter Tenancy 9.9.

During the first 12 months of your tenancy, the “trial period”, or until converted to a full Assured Tenancy in accordance with Section 11 of this Agreement, it is an Assured Shorthold Weekly Periodic Tenancy. The Association can end your tenancy, by:

(i)

Obtaining a court order for possession of the property on one of the grounds listed in schedule 2 of the Housing Act 1988 (as amended)

(ii)

By issuing a Claim for Possession following the service of not less than 2 months notice on you in accordance with Section 21 of the Housing Act 1988 (as amended)

(iii)

If the tenancy ceases to be an Assured tenancy, the Association may end any contractual tenancy by giving 4 weeks notice in writing (Notice to Quit) to you. The tenancy may cease to be assured if you stop occupying it as your only or principal home.

Assured Tenancy 9.10. Once your tenancy converts into a full assured tenancy pursuant to Section 11 of this agreement the Association can end your tenancy in the following ways: If the tenancy ceases to be an assured tenancy, we may end any contractual tenancy by giving 4 weeks notice in writing (Notice to Quit). The tenancy may cease to be assured if you stop occupying it as your only or principal home.  By obtaining a court order for possession of the property on one of the grounds listed in schedule 2 of the Housing Act 1988 (as amended).

Examples of Grounds: Housing Act 1988 (as amended) 9.11

Include:  You have not paid your rent or you have delayed payment (Grounds 10 &11)  You have broken the terms of this Agreement (Ground 12)  You, or anyone living with you, or visiting, have damaged the property or the shared areas (Ground 13)  You, or anyone living with you, or visiting, have caused a nuisance or harassment to your neighbours or have been convicted of certain offences (Ground 14)  Domestic violence (Ground 14A)  You gave false information in your tenancy application (Ground 17) 24

 You owe 8 or more week’s rent (Ground 8)  We have found other suitable accommodation for you (Ground 9) 9.12. The details in clause 9.11 above are only summaries of some of the grounds for possession. The Association reserves the right to use any of the grounds for possession as detailed in Schedule 2 of the Housing Act 1988 or any new grounds which are introduced in the future as a result of changes in the law. The Association will provide you with a copy of all grounds if you ask them. You should seek the independent advice of a Solicitor, the Citizens’ Advice Bureau or Housing Advice Worker if proceedings are commenced against you.

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SECTION 10 – INFORMATION AND CONSULTATION Your Rights Information 10.1. You have the right to information about your tenancy, our repairing obligations, our policies and procedures on tenant consultation, Housing allocation and transfers, and our performance as a Association. 10.2. The data held by the Association in respect of your tenancy will be used for crosssystem and cross-body comparison purposes for the prevention and detection of fraud. Right to acquire 10.3. As soon as you become an assured tenant in accordance with clause 11.1 (at the end of the trial period), you may have the ‘right to acquire’ your home under the Housing Act 1996, unless you live in sheltered housing or other housing that is not covered by this or any other legislation, or in accommodation that is specifically excluded under the law. Right to repair 10.4

The Right to Repair enables you to claim compensation if the Association fails to carry out a “qualifying repair” within the target time for that repair and has failed to do so a second time after a further request has been made by you. The Association has classified all repairs and set targets for them (right to repair only applies to repairs which are classified as emergency or some urgent repairs). For further information on the right to repair you should contact your Landlord.

Data Protection Act 1998 10.5. Under the Data Protection Act 1998 (as amended), 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 Information Commissioner. Consultation 10.6. You have the right to be consulted about important changes in the Association’s housing service. 10.7 As soon as your Tenancy converts to an Assured Tenancy in accordance with Section 11 of this Agreement the Association shall consult with you before making changes in matters of housing management or maintenance that are likely to have a substantial effect on you. Resident Involvement  You have the option to start or join a local tenants' or residents’ group or get involved in other forms of tenant consultation.

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Altering the Agreement 10.8. With the exception of any changes in Rent, Service Charge and other charges, this agreement may only be altered: By Agreement in writing of both of you (Tenant) and us (the Association); or by the Association complying with the following procedure: The Association would:  Write to you specifying the changes we proposed to make; and  Allow a reasonable period for you to make representation to the Association about the changes; and  Consider any written representation made by you before serving a Notice of Variation to alter the Agreement. The changes shall not take effect until 28 days after the notice is served. Complaints 10.9. The Association will deal with your complaints fairly and reasonably. The Association has a formal complaints procedure. Any of our officers will be able to tell you what you have to do to make a complaint or you can access this information via our website and complain on-line. If the Association fails in its duty to deal with your complaint adequately and you are still not satisfied after following our complaints procedure, you can refer the matter to: The Independent Housing Ombudsman Service 81 Aldwych London WC2B 4HN

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SECTION 11 – CONVERSION OF THE TENANCY On successful completion of the ‘trial period’ your tenancy will automatically ‘convert’ to an Assured Tenancy, as set out in the terms below: 11.1.

The tenancy created by this agreement is an assured shorthold weekly periodic starter tenancy for the first twelve months and will be converted automatically into an assured periodic tenancy on the ……………………….. day of …………………………….20... unless before that date:

(i)

We have started possession proceedings against you;

(ii)

We have served a notice upon you that we require possession pursuant to Section 21 of the Housing Act 1988 (as amended).

(iii)

We have served a Notice upon you that we require Possession pursuant to Section 8 of the Housing Act 1988 (as amended).

11.2. When your tenancy converts to an assured tenancy all the terms outlined above in this agreement (where applicable) still apply. 11.3. Should this tenancy agreement not convert automatically into an Assured Periodic Tenancy as outlined in clause 11.1 above, and this is as a result of a notice having been served upon you pursuant to Section 21 of the Housing Act 1988, or Section 8 of the Housing Act 1988, then, if no proceedings for possession are commenced in reliance upon the said notices within 3 months of the date specified in clause 11.1 as the date for automatic conversion then the tenancy will at this point automatically convert to an Assured Periodic Tenancy.

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SECTION 12 – YOUR DECLARATION TO US AND OUR DECLARATION TO YOU This is a list of fittings/items I agree to take responsibility for. A B C D

I/we have been given an opportunity to read the terms and conditions of this tenancy agreement. I/we understand that I/we should not sign it unless I/we are prepared to agree to keep to the terms and conditions. I/we accept and agree to keep to the conditions set out in this tenancy agreement. I/We accept that as a Tenant, I/We are responsible if other members of our household or visitors break this Agreement. I/We agree to Housing Benefit sharing information about claims. I/We agree to the Police or others giving out personal information where it is necessary for the management of the tenancy. I/we confirm that the information I/we have given in my application for housing was and still is true. I/we know that you may issue Court proceedings if I/we have given false information or have withheld information that you need to make sure that you can allocate your homes properly.

Full name (printed in capitals):...................................................................................... Your signature: .…………………………………………….. Date: ……………………………. Joint tenant's full name (printed in capitals):......................................................................... Joint tenant’s signature: .…………………………………….Date: …………………………….

Authorised officer’s signature: ……………………………… Date: ……………………………. Their name (in CAPITALS): …..…………………………… Position:.....................................

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Appendix 1 List of Services

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