DEFINITIONS
You/the tenant
The word “you” or “the
tenant” relates to the person(s) named on the tenancy
agreement.
“We”, “us”,
“our”, “the Council”
The Council, Councillors, Officers of the
Council or any Contractor or Agent we may appoint to act on our
behalf.
General Needs Housing
General Needs Housing is for people of all ages
as opposed to housing specifically for the older person or people
with disabilities etc.
Gross Charge
The Gross Charge is the total amount of rent and
service charges relating to the property that you are liable to
pay. This does not take into account any Housing Benefit, Universal
Credit or other benefits you may be getting.
Locality
“Locality” is the estate, village or
areas surrounding where your property is situated. It refers to all
streets and properties in the area.
Lodger
A “lodger” is a person who pays you
money to let them live with you in your house.
Neighbours
Your “neighbours” include any person
living in the locality that could be affected by your activities,
no matter who their landlord is.
Notify/Notified
To be informed/told of something in an official
manner.
Property, premises and home
The words “property”,
“premises” and “home” all refer to the
house, flat, or bungalow you live in, including any garden and
outbuildings but not including any shared areas.
Rent Arrears
If a tenant is in rent arrears, their rent has
not been paid on time and the tenant is behind with their rent
payments.
Shared areas
A “shared” or “communal”
area is a part of a building or estate which all tenants can use,
for example halls, stairways, entrances, landings, shared gardens,
lawns and landscaped gardens.
Sub-let
To sub-let is giving another person the
exclusive right to live in part or all of your property.
Written permission
Any written communication from the Council
giving you permission to do something.
Under-occupation
When the property
is larger in size and number of bedrooms than is required by the
person/s living at the property.
Family
Member
As defined by
Section 113 of the Housing Act 1985.
Authorised
Officer
A Council employee
or representative who has been formally designated by the Council
to carry out specific duties under this tenancy agreement.
PART A - YOUR TENANCY AGREEMENT
1.0 FALSE
INFORMATION
1.1 This means providing false information or
engaging in tenancy fraud, including subletting or
misrepresentation of occupancy, which is a breach of this agreement
and may result in legal action.
1.2 It is a
term of this Tenancy Agreement that you (or anyone acting for you)
must not have knowingly made a false statement or deliberately
withheld relevant information from us in order to obtain this
tenancy. If it is later found that you have done this, action may
be taken against you which may result in you losing your
home.
1.3
The information
contained on your housing application form and on this Tenancy
Agreement may be released to bodies responsible for auditing the
Council’s use of public funds, in respect of the National
Fraud Initiative, to detect fraud against the public purse and the
Council. This information may be shared for the same purposes with
other organisations who handle public funds.
2.0 TENANCY INFORMATION
2.1
Introductory
Tenancy
2.1.1 If you are a new
social housing tenant your status is that of an introductory
tenant. If the Council does not take action to repossess your home
during your trial period, you will automatically become a secure
tenant at the end of the 12 months period from the date of the
start of your introductory tenancy. This introductory tenancy may
only be ended on the order of the County Court following the
procedures set out in Part V Chapter 1 of the Housing Act
1996.
2.1.2 In this tenancy
agreement we set out the tenancy conditions that, if broken, could
form the basis on which the Council will apply for a court order to
evict you. Your tenancy will be reviewed at least three months
before the end of the introductory period. The Council will assess
your conduct and may extend the introductory period of this tenancy
by one further period of 6 months, meaning your introductory
tenancy will last for 18 months, or take enforcement action if
necessary. In such instances you have the right to request a review
of any decision.
2.2 Secure Tenancy
2.2.1
If you are an existing social
housing tenant or have successfully completed your trial period as
an introductory tenant, you are a secure tenant. This means that
the Council cannot make you leave your property unless they have a
court order, after giving you notice that we are going to do
this.
2.3 Varying the Terms of
the Tenancy
2.3.1
The rent and any payment for
services may be changed by the Council giving you 4 weeks’
notice. Any other part of your tenancy may be changed by agreement
or by the Council serving Notice in accordance with Sections 102
and 103 of the Housing Act 1985.
2.3.2
The Council has the right to
charge you for any new service provided for your home. The cost may
be charged as part of your rent. The Council will tell you, in
writing, at least four weeks before any new service is
introduced.
3.0 NOTICES
3.1
If the
Council decides to take action to end your tenancy the Council will
inform you by delivering the legally required notice to the address
on the Tenancy Agreement. The notice will be left at the property,
given to you in person, given to another person at the property, or
sent to you by registered post and in this form the notice will be
treated as being legally served upon you as the tenant, in line
with section 196 Law of Property Act 1925. If we need to serve any
notice on Joint Tenants, we will consider the notice to be properly
served on all joint tenants once we have served it on one or any of
them separately. This reflects how the law applies to joint
tenancies. If we need to send you any other legally required notice
we will use the same procedure.
3.2
If you wish
to serve a notice upon the Council you should use your local
Council office.
3.3 A tenant cannot retract a Notice to Quit
(Termination Notice) once served.
PART B - OUR RESPONSIBILITIES TO
YOU
1.0 POSSESSION
1.1 We will give you the keys
and possession of the property at the
start of your tenancy.
1.2
We will not
interfere with your rights to live in the property unless you fail
to carry out any of your obligations set out in this
agreement.
2.0
YOUR RIGHT TO
OCCUPY
2.1
We will not interrupt
or interfere with your right to live in your home whilst your
tenancy continues, unless:
a)
We, our agents or contractors need
to come into your home, subject to reasonable notice, to inspect
the state of repair, audit works, carry out necessary repairs,
improvement work or to service appliances.
b)
There is an emergency,
for example but not limited to a fire or flood.
c) The
tenancy has ended, and we are entitled to possession.
d) We
believe that you have abandoned the property with no intention of
returning.
e)
A court order, for example a warrant or an
injunction, has been granted allowing us to access your home or
allowing us to deny you access to your home.
3.0 SETTING RENTS AND
CHARGES
3.1 The rent may be
altered by the Council after the tenant is given 4 weeks written
notice, usually once a year. The notice will say what change we are
going to make and the date on which the change will happen.
3.2
The Council may alter
other charges (e.g. service charges) without prior
notice.
3.3 We have the
right to charge you for any new service we provide for your home.
The cost will be charged as part of your rent. We will tell you, in
writing, at least 4 weeks before we do this.
4.0 REPAIRS
4.1
The Council
shall keep in repair the structure and exterior of
the premises including the
following:
a)
Drains (unless they fall within the
responsibility of the relevant water company), gutters, fascias,
soffits and external pipes.
b)
The roof.
c)
Outside walls, rendering to
property, doors (including maintaining the security) and window
frames.
d)
Concrete canopies over doors and
windows.
e)
Internal walls, skirting boards,
staircases, door frames, floors and ceilings but not floor
coverings or ceiling coverings, and not including internal painting
or decoration.
f)
Chimneys and chimney stacks,
including annual sweeping and provision of a fire grate where solid
fuel heating is used.
g)
Fences, gates, sheds and garages
erected by the Council.
h)
Paths, steps and other means of
access to the premises.
i)
Glass to windows and doors (unless
damaged by the tenant).
j)
Loft insulation.
4.2
The Council shall
also keep in repair and working order existing installations for
the supply of water, gas and electricity, for sanitation and for
space and water heating, including:
a)
Water and gas pipes and electric
wiring.
b)
Electric sockets, light fittings and
other fixed electrical fittings including smoke alarms, carbon
monoxide detectors and environmental sensors where present.
c)
Basins, sinks, baths, toilets,
flushing systems, stop taps and waste pipes.
d)
Fixed heating and ventilation
systems, including water heaters, heat pumps, boilers, fireplaces,
fitted fires, radiators, extractor fans and heaters installed by
the Council.
4.3 The Council will comply with all statutory
duties of a landlord, which includes health and safety legislation
and ensuring your home complies with the Government’s Decent
Homes standard, in that (as far as reasonably practicable) your
home is safe, free from serious hazards, is kept in good repair and
is fit for human habitation.
4.4 The Council will not be responsible for any
damage to your home, including decoration and loss from the
property, unless it can be shown that the damage has been caused by
the Council’s negligence, a breach of this agreement by the
Council,or a failure by the Council to meet its repairing
obligations as a landlord.
4.5 The Council will make good decorations following
repairs or improvements carried out to the premises. This does not
apply to improvements made by the tenant. The Council will decide
upon the extent of any decorations to be made good following
repairs or improvement to the premises.
4.6
The Council
will advise you in advance should you be required to vacate the
premises to allow the Council to undertake repairs to the premises;
in such circumstances you should vacate the premises as requested
by the Council. In these circumstances the Council will provide
temporary accommodation for you and the other members of your
household who reside permanently with you at the premises, until
such time as the repairs to the premises have been
completed.
4.7
Access for Repairs
4.7.1
The Council will at times
have to access your home for the purposes of inspections,
undertaking repairs and maintenance of the premises and for the
carrying out of our legal obligations, such as, but not limited to,
gas safety and electrical installation checks at the premises. You
must allow the Council, its contractors or agents to access the
premises as for this purpose (see Part C paragraphs 3.7.1 to 3.7.7
below).
4.8 Exclusions
4.8.1 These duties are
subject to the Council’s right to make good and charge the
tenant for the cost of deliberate damage or neglect of its property
of communal parts.
4.8.2 The Council will
not repair anything fitted by the tenant. The Council will carry
out the repairs it is responsible for, offering appointments for
all internal repairs. When you report the repair, you will be told
when we hope to carry out the repair.
4.8.3
When the Council receives
notice from a tenant claiming the Right to Buy, it will only carry
out repairs for which it has a statutory duty under Section 11 of
the Landlord and Tenant Act 1985.
4.9 Repairing shared areas
4.9.1
The Council will take
reasonable care to maintain shared entrances, halls, stairways,
lifts, passageways, rubbish chutes, lighting, communal TV aerial
systems, laundries and other shared areas.
4.9.2
The Council will make reasonable
arrangements to keep all outside shared spaces and hedges on
housing estates and developments reasonably tidy.
4.10 Reasonable Adjustments for Tenants with
Disabilities
4.10.1
Should you have a disability within
the meaning of the Equality Act 2010, you are entitled to ask the
Council in writing to make reasonable adjustments to your home,
which the Council will consider. Should the Council refuse consent
to your request a statement of written reasons will be provided
explaining why. Consent to adjustments will not be unreasonably
withheld.
5.0 ANTI-SOCIAL
BEHAVIOUR
5.1 The Council will give you, and anyone living
with you, help and advice if you report or feel you are being a
victim of anti-social behaviour. We will investigate your
complaint; keep you informed and take action that the Council
considers appropriate to tackle the problem, in line with the
Council’s current Anti-Social Behaviour and Neighbourhood
Management Policies.
6.0 CONSULTATION
6.1 The
Council will consult tenants who are likely to be substantially
affected by a change in the Council’s housing policy or
practice. This includes any new programmes of maintenance and
improvement to your home.
7.0 INSURANCE
7.1 We will insure
your home (the building) and any Fixtures and Fittings in it, which
belong to us.
7.2
We do not insure for
lost keys to your property; it is your responsibility to replace
the keys/call a locksmith.
7.3 We strongly
advise you to insure the contents of your home for accidental
damage. If you accidentally damage fixtures and fittings in your
home such as a wash hand basin or glass in windows, we will not
cover the cost of this repair. If we repair it, we will recharge
the cost to you.
7.4
The Council will not
accept losses due to theft.
8.0 DATA PROTECTION AND ACCESS TO PERSONAL
INFORMATION
8.1 The Council will comply with the UK General Data
Protection Regulation (UK GDPR) and the Data Protection Act 2018
(including any amendments made to it) and our own policies on
confidentiality apply to this Tenancy Agreement and your rights to
access your personal information.
8.2 We will allow
you to inspect information we hold about you and we will allow
reasonable access to other personal information we hold about you
(as long as this information has not been given to us
confidentially by other organisations).
9.0 DISCRIMINATION
9.1 The Council will not discriminate against you or
members of your household on the basis of age, disability, gender,
gender reassignment, marriage and civil partnership, pregnancy and
maternity, race, religion and belief, sex or sexual orientation or
any other reason, in line with the Equalities
legislation.
PART C - YOUR RESPONSIBILITIES TO
US
1.0 This section explains what your responsibilities
as a tenant are, please read this section carefully, as it applies
to you, members of your household and people visiting your
property. The following areas are covered:
a)
Rent
b)
Repairs
c)
Your Home
d)
Nuisance and Anti-Social
Behaviour
1.1
If you would like further
information, please contact your Housing Officer.
2.0 RENT AND OTHER CHARGES
2.1 Payable Rent
2.1.1
Rent, including any service
charges is due on Mondays and is payable in advance. Your tenancy
is a weekly agreement which runs from Monday to Sunday.
2.1.2
Your tenancy starts on the
date indicated at the start of this document in the Beginning of
tenancy (Day / Date) section and rent will be due from this date.
This may be part of a full week, and this means that if you started
your tenancy on any day other than a Monday your first rent payment
will be worked out in proportion to the number of days that week
that you held your tenancy. In this case the first full
week’s rent will be due from the following Monday.
2.1.3 If you are in
receipt of housing benefit or any welfare benefit awarded to help
you make rent payments,it is still your responsibility to ensure
that your rent is paid.
2.1.4 You must also make
regular payments towards any other debts such as rechargeable
repairs, or arrears and other debts arising from a former North
Yorkshire Council tenancy.
2.1.5
If your tenancy with the Council
ends and you still owe money, we have the right to continue to
pursue any debt as a former tenant's arrears. This may include use
of third-party collection agencies and legal action. Any debt
remaining could also have an impact on future housing
applications.
2.1.6 Your weekly rent is made up of one or
more amounts:
a)
Basic rent
b)
Service charges
c)
Other charges
2.2
Non-Payment of Rent
2.2.1 If you do not pay
your rent including service charges or other charges due and any
previous debts when they are due, we may ask the court to make an
order against you for possession of the property. We may then take
steps to evict you. If we have to do
this, you will have to pay legal costs as well as the rent that you
owe
2.3
Previous Tenancies
2.3.1
If you owe money from a
previous tenancy with North Yorkshire Council you must complete a
Former Tenancy Arrears form and by signing this agreement you are
agreeing to repay this debt. If you do not repay the debt, we have
the right to ask the court to make an order against your possession
of your home and take other enforcement action to recover this
debt.
2.4 If you have difficulty paying your Rent, you
should contact us immediately.
3.0
REPAIRS
3.1 Reporting Repairs
3.1.1 You must report
any disrepair, defects or faults to your property immediately, this
includes issues related to damp, mould or condensation.
3.1.2 This also includes
disrepair or faults to the structure or outside of the property (or
if you live in a flat, the building of which the building forms
part of). This includes drains, leaking pipes and other defects in
fittings, and faults or disrepair in shared areas.
3.2 Your Responsibilities
3.2.1
You are responsible for all
matters which are not the responsibility of the Council (not
referred to in Part B above), which includes but is not limited to
the items listed below. For full details, please refer to the
Repairs Standard the Council website.
a)
Internal re-decoration.
b)
Repairing damage caused by a member
of the household or visitors.
c)
Replacing lost keys.
d)
Fitting curtain track
battens.
e)
Renewing plugs and chains to sinks,
baths and basins.
f)
Renewing electric light bulbs, tubes
and starters for fluorescent light fittings, plugs and
fuses.
g)
Making good minor cracks and small
holes in plaster.
h)
Your own TV or radio aerials and
satellite dishes; (note that permission is required from the
Council before these items are installed).
i)
Doorbells (unless they are part of
the electrical installation).
j)
Wooden sheds.
k)
Replacement of broken
glass.
l)
Clearance of blocked waste
pipes.
m)Repair or replacement of washing lines (except
in communal areas where one is provided).
n)
Repairing and maintaining your own
domestic equipment and appliances.
o)
Vinyl, carpets and other floor
coverings, curtains and blinds.
p)
Toilet seats, sink and bath plugs
and chains (the Council will only provide one at the start of a
tenancy).
q)
Letter box repair or
replacement.
3.3
Care of the
Property
3.3.1
You must take care of the property
and keep it clean and well decorated.
3.3.2
You may also have to pay for the
cost of any repair if it results from damage or neglect from
yourself, a member of the household, or visitors to your
property.
3.3.3
You must take reasonable precautions
to prevent frost damage occurring to any pipes or other
installations to the premises, provided the pipes or other
installations are adequately insulated by the Council. You should
not do anything that may cause blockages to sinks, toilets, drains
and sewers or cause fire damage to the property.
3.3.4
You should make sure your home is
heated and ventilated, and you should follow any advice given by
the Council on how to reduce condensation within your
home.
3.3.5
You should ensure that all trickle
vents in windows are kept open to help prevent condensation and
mould growth.
3.3.6 You should ensure
that extractor fans in the kitchen and bathroom are used whilst
these rooms are in use.
3.3.7
You must take reasonable steps to
avoid doing anything which encourages insects, pests or vermin
(such as ants, cockroaches, mice, rats or pigeons) to infest either
your home or the communal areas. You must not throw scraps of food
out of the window or on the balcony.
3.3.8 You must let us
know as soon as you become aware of any infestation in your home or
a communal area by telephoning the Council and reporting this to
the pest control service.
3.3.9
If your home or a communal area
becomes infested as a direct result of you failing to take
reasonable steps, we may charge you the reasonable costs for
special cleaning and any other professional treatment that might be
needed.
3.3.10 You must dispose of rubbish in the bins provided
by the Council.
3.3.11 You must ensure that your rubbish is put out in
time for collection.
3.3.12 You must ensure the proper removal of ALL items
not eligible for collection i.e. bulky waste/unwanted
furnishings.
3.3.13 You must tell the Council as soon as possible
about any defect at the property which the Council is liable to
repair. You may be liable if damage is caused by not reporting the
repair.
3.3.14 You must not excessively clutter your home as
this can compromise the health and safety of you and your
neighbours, prevent access to essential services, and may result in
damage to the property. You must keep all shared entrances, halls,
stairways, and landings clean, free from rubbish and personal
belongings. We will remove any item which has been left in the
shared entrance, communal hall, stairways and landings. Fly-tipping
in gardens, communal or otherwise, is not permitted.
3.3.15 You must not store items in the loft area of
your home. Lofts are not designed for storage and storing items
there can damage insulation, wiring or the structure of the
building, and create fire or safety risks. If items are found to be
stored within the loft space, they may be removed.
3.3.16 You will be responsible for any damage caused by
any items that you, members of your household, relatives or
visitors bring into the property, for example leaking washing
machines. This includes damage to your home and any adjoining home
caused by your appliances. The Council will charge you for any
repairs which are due to damage caused by these items.
3.3.17 You must ensure that any works which you are
responsible for under the terms of this agreement are carried out
to a reasonable standard, by appropriately qualified trade persons.
You must seek written permission from the Council before
undertaking any works involving gas, electrical systems, asbestos,
or other regulated materials. If you are unsure whether works
involve any of these materials, you must seek advice from the
Council before proceeding. Certification must be provided where
required. Please refer to the Repairs Standard for further guidance
on permissions, standards and responsibilities.
3.4
Smoke Alarms, Heat Detectors and
Carbon Monoxide Detectors
3.4.1
You are responsible for
testing and replacing batteries in smoke alarms, heat detectors and
carbon monoxide detectors. If the alarm or detector is broken you
must report it to us immediately, so that we can replace
it.
3.5 Temporary Accommodation
During Major Repair Work
3.5.1 If you or members
of your household have been temporarily moved to other
accommodation so work can be carried out on the property, you must
return to the property once the work has been completed. If you do
not return when the work has been completed, we may ask the court
for an order for possession of the property. If this happens, you
may have to pay legal costs.
3.6
Care of the Garden, Outbuildings
and Other External Areas
3.6.1
You are responsible for the upkeep
and reasonable maintenance of the garden, including hedges, shrubs
and trees (unless the garden area is shared with others). If the
garden is overgrown and you do not have a good reason for not doing
the work yourself, we may do the work and charge you a reasonable
cost for doing it.
3.6.2
You must keep any outbuildings,
garages, sheds or other structures that are part of the premises in
a reasonable condition.
3.6.3
You must have written permission
from the Council before planting any trees in your garden or in
communal areas around your home.
3.6.4
You shall not, without permission
remove or install fencing.
3.6.5
You are responsible for any trees
that are within the boundary of the property but you (or someone on
your behalf) cannot cut down trees and hedges within the boundaries
of your home without first getting written Council permission. You
must not plant very large or fast-growing trees or conifer species
in the gardens of the property or that may cause damage, nuisance
or obstruction. If you think that a tree may be dangerous you must
report this to us. Where we decide that any trees or shrubs are a
nuisance or dangerous we will prune, replace or remove.
3.6.6
You must not park or drive a motor
vehicle, caravan, motor home or boat within the boundaries of your
home, including the front and rear garden, or over Council owned
grass verges without providing a hard standing to a specified
standard and a car crossing over the pavement or path. You must
also not allow members of your household or visitors to your home
to do this either. You must get written permission from the Council
before any work to construct a hard standing and pavement crossing
is begun.
3.6.7
You must not keep a vehicle or
vehicles within the boundary of the property that have no road tax
or insurance without the express permission of the
Council.
3.6.8
No person can reside temporarily or
permanently in the garden of your property.
3.6.9
You must not construct or remove any
hardstanding, paths, garage, carport, shed, pigeon loft,
greenhouse, fence, wall or any other building without the prior
written permission of Housing.
3.6.10 You may be able to affix a satellite dish, mast
or aerial to your home provided you meet certain conditions and
have prior written permission from the Council.
3.6.11 If Council staff request or have need to inspect
the garden and external areas, you must allow access for this
inspection. An example of this would be as part of a periodic
property and tenancy inspection, you must allow photographs or
video footage of the garden and external areas to be taken if
required for evidential purposes. Images will not include people and will only be
used to document property condition. This supports legal
obligations.
3.6.12 You must not store rubbish, household furniture,
household appliances or any unsightly objects in your garden or any
shared garden.
3.7 Access for Repairs and
Servicing
3.7.1
The Council (or its
contractors or agents) may need access to your home to inspect,
repair, service or improve the property, or to meet legal
obligations (including but not limited to gas and electrical safety
checks). We will give at least 24 hours’ written notice where
required, except in emergencies. Not all repairs or inspections
require written notice, please refer to the Repairs Standard for
details.
3.7.2
If you do
not allow us entry to the property, the Council may apply to court
for an injunction or warrant to gain access to the property and/or
a possession order against you for breach of this tenancy
agreement. You may have to pay our costs of any application
the Council makes to court. Before enforcement action for missed
appointments, the Council will make reasonable attempts to
rearrange and consider health, work or caring commitments. The
Council is required by law to carry out certain works in Council
homes, including annual gas safety checks and electrical
installation checks and works to address hazards such as damp and
mould. Refusing access may put your health and safety at
risk.
3.7.3
Officers or agents of the Council
may enter the property using such means as may be necessary without
giving notice if, in the opinion of an Authorised Officer of the
Council, entry is necessary because of an emergency from which
personal injury or damage to Council or adjoining property might
result. In such an event the Council will make good any resultant
damage to the property and will leave it secure.
3.7.4
Possessions must not be stored in
such a way as to make access to any rooms or appliances e.g. gas
boilers in the property difficult or dangerous.
3.7.5
When Council staff inspect the
property condition and you allow access, for example, as part of a
periodic property and tenancy inspection, you must allow
photographs or video footage to be taken for evidential or
compliance purposes. Images will not include people and will only
be used to document property condition. This supports legal
obligations.
3.7.6
You may be charged if there is
no-one at home when you have requested an emergency call-out or
where an appointment has been made for the Council, its contractor
or agent, to attend the property but access is not gained, which
includes access to the property to carry out a gas safety and/or
electrical installation check at the property.
3.7.7
You may also be charged for a wasted
call out by a gas engineer or other contractor if, when servicing a
gas appliance by pre-arranged appointment, there is insufficient
credit on the meter, which means that a further call-out has to
take place. Other contractors may also charge for missed or
abortive visits where access is not provided, or the appointment
cannot go ahead due to something you have failed to
do.
3.8
Alterations, Additions or
Improvements
3.8.1
If you are an introductory
tenant, you do not have the right to make any improvements to your
home with the exception of decoration.
3.8.2
If you are a secure tenant,
you should not do any structural alterations, additions or
improvements to your home without first getting written permission
from the Council. This includes the installation of satellite
dishes, the erection of sheds and/or the replacement of doors,
kitchens and bathrooms. Permission will not be unreasonably
withheld. Please refer to the Repairs Standard for further guidance
on what requires permission and how to apply.
3.8.3
Some alterations may be
subject to planning restrictions or building control regulations
and you must obtain these permissions where necessary in addition
to obtaining the Council’s permission as your
landlord.
3.8.4
The Council will not normally
be responsible for repairing or maintaining any installation fitted
by you. The Council may ask you to remove or put back any
alterations when you leave.
3.8.5
The Council may take legal
action to recover costs from you or your contractor should you fail
to comply with conditions stipulated by the Council when carrying
out the work and this results in the Council incurring expenditure
in putting it right or replacing defective work.
3.8.6
Any alterations or
improvements involving Gas or Electric installations must be done
by qualified and competent people and certified on
completion.
4.0 USE OF YOUR
HOME
4.1
Properties with Shared
Areas
4.1.1
If you live in a block of
flats, you and the other tenants are responsible for cleaning
shared areas, e.g. entrances, hallways, staircases and landings,
unless the Council has notified you that a person has been employed
to undertake the cleaning.
4.1.2
You must make sure that shared
areas, entrances, hallways, staircases, passages or bin cupboards
are not blocked. You or any people living in or visiting your home
must not leave any items and rubbish in shared areas.
4.1.3
You, or anyone living in or
visiting the property, must not do anything in, or to, shared areas
of the property that may cause a nuisance to other users of those
areas, or that will cause damage to shared areas. For example: car
breaking, car repairs, bonfires, games or parties or any other
behaviour that may cause a nuisance.
4.1.4
You, or anyone living with
you, or visiting your home, must not interfere with security and
safety equipment in communal blocks - doors should not be jammed
open and strangers should not be let in without checking their
identity.
4.1.5
You must not store or charge
mobility scooters, E-Bikes or other equipment containing a lithium
battery in communal hallways.
4.2
Occupying Your
Home
4.2.1
You must move into the
property once you have signed the Tenancy Agreement.
4.2.2
You must occupy the premises as your
only or main home.
4.2.3
You must give the Council reasonable
notice before being absent from the premises for a period of more
than 28 days.
4.2.4
At all times, whether absent or
otherwise, you must take such steps as are reasonably necessary to
ensure that the property is kept secure.
4.2.5
You must notify the Council of all
the occupants living in the property and must notify the Council of
any changes to the occupants of the premises, other than temporary
visitors who live with you for less than one month.
4.2.6
If you are an introductory tenant
you do not have the right to sublet any part of your home.
If you are a secure tenant, you must not sub-let any part of the
property without the written permission of the Council, such
permission will not to be unreasonably withheld.
4.2.7
If you are an introductory tenant,
you do not have the right to exchange or assign your home
with any other tenant. If you are a secure tenant, you should not
assign or exchange your tenancy without prior written permission of
the Council, which will not be unreasonably withheld.
4.2.8
We may also carry out checks with
other agencies to verify your occupation.
4.2.9
You must not allow the property to
become statutorily overcrowded. We may apply for a possession order
if we find that the property is statutorily overcrowded.
4.3
Rights of Way
4.3.1
You must allow, and be
entitled to, a free and unobstructed right of access across any
common paths and passageways leading to, or from, the property, or
any adjoining or other property.
4.4
Business Use
4.4.1
You, or anyone living with
you, must not run a business from your home without the
Council’s agreement in writing. Permission will not be
unreasonably withheld but consideration will be given to the likely
impact of the business on neighbouring properties.
4.4.2
Things that might lead to permission
being refused include but are not limited to; noise caused by the
business, smells, large numbers of visitors, traffic congestion and
other general nuisances caused by the business.
4.4.3
You must not attach signs
advertising your business to the exterior of the
property.
4.5
Health and Safety in Your
Home
4.5.1 You, members of your
household or any visitors to your home, must not do anything, or
cause anything to be done, which in our opinion, is likely to cause
a danger to anyone in the property or locality.
4.5.2
This includes but is not limited
to:
a)
The storage of dangerous and/or
inflammable materials, including lithium batteries, or fuels in the
property, outbuildings, communal areas or garden apart from those
for general household use.
b)
The use of portable gas, oil or
paraffin heaters in the property.
c)
The storage of any E-bikes/mobility
scooters/engines/motorbikes/other motorised vehicles in the
property.
d)
Interference with equipment for
detecting or putting out fires.
e)
Interference with equipment for the
supply of electric, gas, water or other utilities.
f)
Carrying out unsafe electrical,
D.I.Y or other work in the property.
g)
Throwing things out of windows or
balconies.
4.5.3
You must notify the Council
if the circumstances of anyone in the household changes in such a
way as to affect their ability to safely evacuate your home, to
allow the Council to liaise with other agencies if
needed.
4.6
Pets
4.6.1 You shall seek the written consent of the
Council before keeping any pet.
4.6.2
If permission is granted, you must
not allow any animals or pets of your own, or that you are
responsible for, or that are visiting your household, to cause
annoyance or nuisance to neighbours and the public or anyone living
in the locality, or to cause damage to any property.
4.6.3
You must not allow your property or
garden to become unhygienic due to a build-up of your pets’
faeces (fouling), and if any pet you own, or are responsible for,
fouls in the shared areas, you are responsible for cleaning this
up.
4.6.4
You must keep any pets you own or
are responsible for under control. This also applies to any pets
your visitors bring with them to the property.
4.6.5
You must make sure that any animal
is reasonably and suitably restrained when any Council employee,
contractor or Agent we may appoint to act on our behalf is visiting
your property.
4.6.6
You must not keep an animal in any
internal or external shared area.
4.6.7 You must not breed
any animals in your property, gardens or shared areas.
4.6.8 Whilst each
application will be considered individually, ordinarily the Council
will not give permission for any of the following:
a)
Any dog the Dangerous Dogs Act
1991 applies to;
b)
Any animal the Dangerous Wild
Animals Act 1976 applies to;
c)
Any other animal that poses a
danger, or threat of danger to your neighbours and the public, or
anyone living in the locality;
d)
Any livestock not suitable for a
domestic environment.
e)
Any animal which causes a health and
safety risk in the locality, as per the definitions of this
agreement.
f)
Any animal which is not bred as a
domestic pet
4.6.9 The Council
reserves the right to restrict the number and type of animals you
may keep or require you to remove them.
4.6.10 Permission may be refused or withdrawn where it
is clear that it is unsuitable for you to keep a pet or pets or for
any other appropriate reason such as a proven history of animal
neglect.
4.6.11 For the purpose of this agreement, a
‘pet’ means a domestic animal kept mainly for personal
interest, companionship or ornamental purposes.
4.7
Parking
4.7.1
You (or anyone living with
you or visiting your home) must not park a vehicle anywhere on your
property except on a hard standing (a driveway or area intended for
parking).
4.7.2
Commercial vehicles, caravans, motor
homes and boats must not be parked on the garden, driveway or hard
standing area around your home or on any communal parking areas
without the Council’s agreement in writing, which will not be
unreasonably withheld. Vehicles that are untaxed, un-insured or
un-roadworthy must not be parked on council land without the
written permission of the Council.
4.7.3
You, (or anyone living with you, or
visiting your home), must not park anywhere that could obstruct
emergency services.
4.7.4
If your property has a designated
residents’ parking space, only you and your legitimate
visitors may park there. You must not give or sell the parking
place to anyone else.
4.7.5
You (or anyone living with you or
visiting your home) must not drive or park on the grass verges or
common grassed areas in the locality of your property.
4.7.6
You (or anyone living with you, or
visiting your home) should not obstruct parking areas or garage
forecourts.
5.0 NUISANCE AND ANTI-SOCIAL
BEHAVIOUR
5.1 The Council is firmly opposed to anti-social
behaviour. You must take all reasonable steps to prevent anyone
living at or visiting the property, including lodgers and
sub-tenants, from causing any nuisance, annoyance, offence or harm
to any:
a)
Neighbour
b)
Other tenant of the
Council
c)
Businesses or services operating in
the locality
d)
Officers of the Council or any of
its agents or contractors
e)
Other person living, visiting or
being in the locality
5.2 You,
members of your household, or any visitors to your home must not do
anything or cause anything to be done which is likely to cause
nuisance, annoyance or harassment to others residing in, visiting
or within the locality.
5.3 This
includes but is not limited to the use of any words, or the
performance of any acts (including graffiti and damage to
property), which are likely to be abusive or insulting on any
grounds including colour, race, nationality, sex or sexual
orientation, age, gender or gender reassignment, religion,
disability, marriage or civil partnership. It also includes the use
of social media, emails or other digital media to harass, cause
nuisance or make false or malicious allegations about those listed
in 5.1 above
5.4 If
anyone living in or visiting the property causes nuisance,
annoyance, offence or harm you will be held responsible as if you
had committed it yourself. You must ensure that no damage is caused
by you or anyone living in or visiting your home.
5.5 You or
any member of your household or visitors to your home must not
undertake any of the following activities:
a)
Using your home or any other Council
property for illegal or immoral purposes. In particular, the
Council will not tolerate the property being used in connection
with the possession, use, supply of, dealing or growing illegal
drugs or substances.
b)
You must not use the property, or
the locality of the property, for the supply of any controlled drug
or other substance that is illegal under the Misuse of Drugs Act
1971 or any other part of the criminal law. You must make sure that
no member of your household, or any lodger, sub tenant or visitor
carries out such an act. If they do you will be responsible as if
you had committed it yourself.
c)
Keeping illegal weapon(s) on the
property.
d)
Threatening behaviour at the
property or in the local area with or without an offensive
weapon.
e)
Causing malicious damage, including
drawing graffiti, to your property or any public property in the
locality.
5.6 If you do undertake any of the activities listed
in Part C Section 5 of this agreement, the Council may take
immediate legal action against you as the tenant of the property
which could result in the repossession of your home.
5.7
Noise
5.7.1
You, or anyone living with
you or visiting your home, must not create or permit any noise
which causes a nuisance to people in the locality.
5.7.2
You must not operate any device or
equipment or do any activity which creates so much noise that it
causes nuisance or annoyance to your neighbour or other persons
living or visiting the local vicinity.
5.7.3 This includes,
but is not limited to;
a)
Playing any television,
radio, musical instrument or music playing appliance or recording
equipment too loudly.
b)
Excessive use of power
tools.
c)
Unreasonable use of electrical
equipment and appliances.
d)
Activities such as parties, which
might cause justifiable complaint due to noise levels or
timing.
5.8 Children
5.8.1
You must exercise reasonable
control over children in your household and any children visiting
your home to prevent them causing a nuisance or harassing
neighbours and the public. This includes preventing them from
playing ball games where it is prohibited or likely to cause a
nuisance.
5.8.2
Fencing provided around
gardens is intended to mark the boundary of the property only and
is not designed to provide a secure or safe area for children or
pets. It is your responsibility to ensure that children and pets
are kept safe and prevented from escaping or coming to harm.
Exceptions may apply where Occupational Therapy recommendations
require fencing for safety or accessibility purposes.
5.9 Harassment
5.9.1
You must not commit or allow
members of, or visitors to your household to commit any form of
harassment on any grounds including race, colour, religion, gender,
gender reassignment, sex, sexual orientation, pregnancy /maternity
age or disability which may interfere with the peace and comfort
of, or cause offence to, any others residing in, visiting or
offering services in the locality.
5.9.2
This includes committing
harassment using social media or other types of digital
communications.
5.9.3
Harassment is a crime, and
you will be breaching the conditions of your tenancy if found to
have committed harassment.
5.10
Racial Harassment
5.10.1
The Council will not tolerate racial
harassment. You must not cause racial harassment and must take all
reasonable steps to prevent anyone living in or visiting the
property from doing so.
5.10.1 Discrimination, intimidation, or harassment
because of someone’s race will include any act of verbal or
physical abuse directed at individuals or groups because of their
colour or origin, when the victim believes that the attack is of a
racial nature or there is direct evidence of a racial motive. It is
very different from other forms of harassment.
5.10.2 Racial harassment is a crime, and, like all
forms of harassment, you will be breaking the conditions of your
tenancy if found guilty of it.
5.11
Behaviour
Towards Council
Employees
5.11.1 You must not physically or verbally abuse
Council employees, Councillors, Officers of the Council or any
Contractor or Agents we may appoint to act on our behalf or
intimidate them in any way.
5.11.2 Physical abuse includes, but is not limited to,
any actual or threatened assault, attack, violent act or aggression
directed towards any of our employees. You must make sure that no
member of your household, or any other lodger or sub tenant or
visitor commits any such act. If they do you will be held
responsible as if you had committed it yourself.
5.12 Social
Media
5.12.1
You, or anyone living with you, or
visiting your home should not use social media sites to harass,
abuse or make defamatory statements about the Council, its
officers, contractors or other tenants. Reasonable and lawful
expressions of concern or complaints about services should be made
through the Council’s official complaints process, not on
social media. Personal attacks on individuals, including Council
officers, are strictly prohibited.
5.13 Domestic Abuse
5.13.1
You must not inflict domestic abuse,
threaten violence or use mental, emotional or sexual abuse against
your partner, ex-partner or another member of your household. Where
a member of the household has to leave the home due to domestic
abuse inflicted by another member of the household, the Council may
seek possession of the property if firm evidence is obtained that
the victim has left the property as a result of domestic
abuse.
PART D - YOUR
RIGHTS
1.0
INTRODUCTORY TENANTS
1.1 The
Right to Occupy
1.1.1 You have the right to
live in your home/property without being disturbed by the Council
or any other person(s) acting on the Council’s behalf as long
as you keep to this agreement. However, we, or someone acting on
the Council’s behalf, may have to enter your home to carry
out essential repair and/or maintenance work. The circumstances in which we will do so are set out
in this agreement. Additionally, we may on occasion, need to
visit you to discuss matters relating to your tenancy.
1.2
The Right of
Succession
1.2.1
Your rights of succession as
an introductory tenant are governed by sections 131 to 133 of the
Housing Act 1996.
1.2.2
Those who are able to succeed
to the introductory tenancy in case you die are:
a)
Your
spouse or civil
partner, but only as long as they occupied the property as
their only or principal home at the time of your death.
OR
b)
Another member of your family, but only as long as they
occupied the property as their only or principal home at the time
of your death AND resided with you throughout the 12 months
immediately before your death.
1.2.3
There are a number of exceptions to
the operation of this right as set out in the legislation and some
of those exceptions are as follows:
a)
If you
are already a successor to an introductory tenancy, there can be no
second succession.
b)
If you
are a joint introductory tenant, upon your death the tenancy will
pass to the other tenant and this will also count as a
succession.
c)
If
there has been an assignment of the introductory tenancy,
succession rights do not arise.
1.3 The Right to
Assign
1.3.1
Introductory tenants have no
general right to assign their tenancy. However, there are some
prescribed situations when such an assignment can take place (as
set out in section 134 of the Housing Act 1996), namely if a court
order for assignment is made in certain prescribed proceedings
(family law proceedings) OR it is made to a person who would be
qualified to succeed to the tenancy.
1.3.2
You cannot assign the
tenancy if there has already been a succession or an
assignment.
1.4 The Right to
Exchange
1.4.1 As an introductory
tenant you do not have the right to exchange your home with any
other tenant.
1.5 The Right to Take in
Lodgers
1.5.1
As an introductory tenant you
do not have the right to take in lodgers.
The Right to Sub-Let.
1.5.2 As an introductory tenant you do
not have the right to sub-let any part of your home.
1.6 The Right to
Repair
1.6.1 The Council is
required to carry out certain urgent repairs within specified time
limits and if the tenant notifies the Council that the contractor
has failed to carry out the repair within the set time limit, the
Council will instruct a second contractor to carry out the work. It
is also your responsibility to ensure that you are at home on the
time/date agreed with the contractor for them to access your
property.
1.7 The Right to
Improve
1.7.1 As an introductory
tenant you do not have the right to make any improvements to your
home. You are allowed to decorate your home.
1.8 The Right to
Buy
1.8.1 As an introductory tenant you do
not have right to buy your home. However, if you go on to become a
secure tenant and do buy your home, the period you spent as an
introductory tenant will count towards any discount you may be
entitled to.
1.9 The Right to
Information
1.9.1 You have the right to information about
your tenancy including the right of access to your tenancy
files.
1.10 The Right to
Consultation
1.10.1
You have the right to be consulted
about proposals for changes including the way we manage, maintain,
improve, demolish, sell or transfer Council homes, or changes to
services or facilities for Council tenants.
1.11 The Right to Manage
1.11.1
Tenants’ Management
Organisations have the right to take over the management of their
homes. The right only applies to Council tenants and Council
leaseholders.
2.0 SECURE TENANTS
2.1 The Right to
Occupy
2.1.1 You have the right to live in your home/property
without being disturbed by the Council or any other person(s)
acting on the Council’s behalf as long as you keep to this
agreement. However, we, or someone acting on the Council’s
behalf, may have to enter your home to carry out essential repair
and/or maintenance work. The
circumstances in which we will do so are set out in PART C 3.7.1
– 3.7.7. Additionally, we may on occasion, need to
visit you to discuss matters relating to your
tenancy.
2.2 The Right of
Succession
2.2.1
North Yorkshire Council
secure tenants have a right to succession of their secure tenancy
upon their death, but only in certain prescribed circumstances.
What type of right to succession operates in each
tenant’s case depends on when the secure tenancy
started.
2.2.2
For all secure tenants whose
secure tenancy started before 1st April
2012, their rights are governed by section 87 of the
Housing Act 1985 (before it was amended by the Localism Act
2011).
2.2.3 This means that the
following persons can succeed:
a)
Tenant’s husband or wife
or civil partner living in the property as their only or principal
home at the time of the tenant’s death; or
b)
Another member of the
tenant’s family living in the property as their only or
principal home at the time of the tenant’s death, for a
period of twelve months ending with the tenant’s
death.
c)
Those living together as if they
were married or civil partners fall within the definition of family
members as set out in section 113 of the Housing Act
1985.
2.2.4
For all secure tenants whose
tenancy started on or after 1st April
2012, their rights are governed by section 86A of the
Housing Act 1985 (as amended by the Localism Act 2011).
2.2.5 This means that the
following persons can succeed:
a)
The tenant’s husband or wife
or civil partner who occupied the premises as their only or
principal home at the time of the tenant’s death.
b)
Those living together as if they
were married or civil partners are included in the
above.
2.2.6
In addition to the statutory
rights set out above, if your secure tenancy commenced with one of
the legacy district Councils (Selby District Council, Harrogate
Borough Council or Richmondshire District Council), you may have
additional succession rights which are governed by the provisions
of those tenancy agreements. For details of those rights see
Appendix A to this tenancy agreement.
2.2.7
In all cases of succession,
irrespective of when the tenancy started and
irrespective of 2.2.6 above, the
following is applicable:
a)
There
can only ever be one succession.
b)
Succession is limited to where there has been no previous
assignment.
c)
If you
are a joint secure tenant, upon your death the tenancy will pass to
the other tenant by survivorship, and this will also count as a
succession.
d)
Where
the tenancy has passed to a member of the family and the home is
more extensive than is reasonably required by the successor, the
Council can seek possession of the Property under ground 15A of
Schedule 2 to the Housing Act 1985.
2.2.8
Discretion
- Where an application for
succession is refused, the Council may agree to grant a new tenancy
agreement to the remaining occupant on the following
conditions:
a)
only if that occupant is a close
family member (as defined in the North Yorkshire
Council’s Allocations Policy); AND
b)
that occupant has resided with the
deceased tenant at the deceased tenant’s home for at
least 12 months prior to the deceased tenants’ death;
AND
c)
the eligibility and qualification
criteria set out in North Yorkshire Council’s
Allocations Policy is met; AND
d)
in the event of under-occupation of
the premises, the grant of the new tenancy would be subject to a
move to alternative accommodation.
2.2.9 This is not an
automatic right, and the Council will consider each individual case
on its merits.
2.3 Right to
Assign
2.3.1 You may be able to assign your tenancy
whilst you are still alive and have capacity in the following
prescribed circumstances (section 91 of the Housing Act
1985):
a)
by way of mutual exchange (see 2.4
below)
b)
to someone who would be qualified to
succeed you on your death;
c)
where a Court has made an order for
assignment in certain prescribed court proceedings (family law
proceedings).
2.3.2
The
procedure for making an application to the Council for a mutual
exchange is set out in clause 2.4 below and North Yorkshire
Council’s Tenancy Policy. The Council’s consent is
required for a mutual exchange.
2.3.3 For any other
assignment, the Council needs to be satisfied that you meet the
requirements imposed and you may be asked to show evidence of
this.
2.3.4 You cannot assign
the tenancy in any of the ways set out above if there has already
been a succession or an assignment.
2.4 The Right to
Exchange
2.4.1 You have the
right, subject to current legislation, policy and procedure, to
exchange with another tenant of North Yorkshire Council, a housing
association or another Council. This right is subject to the
written consent of both/all landlord(s) and can be refused on
certain grounds.
2.5 The Right to Take in
Lodgers
2.5.1 You have the right
to take in lodgers, but you are required to tell the Council the
name, age and sex of each lodger.
2.5.2 You must not take
in lodgers where this will result in your home being
overcrowded.
2.5.3
You are responsible for
ensuring that any lodger complies with the terms of this tenancy
agreement whilst living in your home.
2.5.4 You will be responsible for ensuring that the
lodger vacates your property if you wish to end the agreement or
before your tenancy with the Council comes to an end.
2.6 The Right to
Sub-Let
2.6.1 You have the right
to sub-let part of your home, provided you obtain the
Council’s prior written consent. Sub-letting means that
someone pays you rent to have exclusive right to part of your home
whilst you are still living there. You cannot sub-let the whole of
your property. Subletting should not result in
overcrowding.
2.7 The Right to
Repair
2.7.1 The Council is required to carry out certain urgent
repairs within specified time limits and if the tenant notifies the
Council that the contractor has failed to carry out the repair
within the set time limit, the Council will instruct a second
contractor to carry out the work. It is also your responsibility to
ensure that you are at home on the time/date agreed with the
contractor for them to access your property.
2.8 The Right to
Improve
2.8.1 You have the right
to carry out improvements to your home provided you obtain the
Council’s prior written consent, which cannot be unreasonably
withheld. Planning and building regulation approval may also be
needed, and you should obtain these consents before work is
started.
2.9 The Right to be paid
for Improvements at the End of Your Tenancy
2.9.1 In certain
circumstances, when the tenancy comes to an end, you have the right
to compensation for certain qualifying improvements made to the
premises by yourself. Your claim must be made to the Council within
14 days of the end of your tenancy.
2.10 The Right to Buy
2.10.1
In certain circumstances you have
the right to buy your home. To be eligible you must have had a
public sector landlord (e.g. a Council property, housing
association property, or H.M. Forces accommodation) for a minimum
of 3 years.
2.11 The Right to
Information
2.11.1
You have the right to information
about your tenancy including the right of access to your tenancy
files.
2.12 The Right to
Consultation
2.12.1
You have the
right to be consulted about proposals for changes including the way
we manage, maintain, improve, demolish, sell or transfer Council
homes, or changes to services or facilities for Council
tenants.
2.13 The Right to Manage
2.13.1
Tenants’ Management Organisations have the
right to take over the management of their homes. The right only
applies to Council tenants and Council leaseholders.
PART E - ENDING YOUR TENANCY
1.0
ENDING YOUR
TENANCY
1.1
If you wish
to bring the tenancy to an end, four weeks’ notice must be
given in writing to the Council, to expire on a Sunday.
1.2
Within the Notice period you must
allow Council staff, contractors or other authorised persons access
to your property to carry out a pre-termination assessment and, if
necessary, to carry out any repairs. As part of this inspection,
photographs or video recordings may be carried out.
1.3
The whole of the property must be
vacated, and all keys delivered to your Housing Office no later
than noon on the Monday following your tenancy end.
1.4
You must not leave the keys with
anyone else, including friend, neighbour or relative unless they
are legally entitled to act on your behalf. If you fail to return
the keys you may be charged for the cost of replacement keys, locks
and other work required to the doors/frame due to your failure to
return the keys, and for any rent loss incurred by your delay in
returning the keys.
1.5
When handing in your notice, you
must leave a forwarding address, up to date contact details and
fill in a tenancy termination form.
1.6
You must continue to pay rent and
other charges until the tenancy has ended, even if you leave the property early. In
the case of a joint tenancy, the tenancy is held jointly and cannot
be ended by one tenant without ending it for both. Where one joint
tenant gives notice to quit, this will bring the tenancy to an end
for all joint tenants. This is a process of law and applies to all
joint tenancies. However, the Council will consider any request
from a remaining joint tenant for a new tenancy in accordance with
its Allocations Policy. There is no automatic right, and each case
will be assessed individually.
1.7
The Council will consider in
accordance with the Allocations Policy any requests received from
the other joint tenant to remain in the property and/or move to
other suitable accommodation. In making this decision the Council
will, in applying the Allocations Policy consider the housing needs
of the other tenant, financial resources, likely health effect on
the other tenant and any remaining dependants and suitability as a
tenant. There is no automatic right, and the Council will consider
each request on its merits.
2.0
CONDITION OF THE PROPERTY AT THE
END OF YOUR TENANCY
2.1
When your tenancy
ends the property must be left in a reasonable state of decoration
and repair with all fixtures and fittings intact. The property must
be left in a clean and tidy condition, and you must remove all your
furniture and personal belongings.
2.2
The Council
will remove and store any items left behind that appear to be of
value. These items will be stored for a minimum of one calendar
month. The Council will take reasonable steps to notify the former
tenant at their last known address and by any other available
means. If the Council don’t hold a last known address or the
tenant cannot be traced, the Council will serve notice in
accordance with the Torts (Interference with Goods) Act 1977, which
may require a three-month notice period before disposal. If the
items are not collected within the applicable notice period, the
Council may dispose of or sell the items. You will be liable for
the reasonable costs of removal, storage, and disposal, which will
be deducted from any sale proceeds, and if there any costs
remaining, they will remain your liability. The Council will hold
any remaining sale proceeds for 6 months from the date of the end
of your tenancy, which if not claimed will be deemed as
forfeited.
2.3
It is your
responsibility to take meter readings and contact Council tax, gas,
electric, and water, telephone and TV media companies to let them
know you are moving.
2.4
We will charge you the full cost of
any repairs and/or cleaning which need to be carried out as a
result of neglect or deliberate act by you after your tenancy has
ended.
3.0 POSSESSION PROCEEDINGS BY THE
COUNCIL
3.1
The Council may
seek possession of the property in accordance with the legal
provisions set out in Sections 84 and 84A and Schedules 2 and 2A of
the Housing Act 1985. These provisions set out the grounds under
which possession may be sought, including both mandatory and
discretionary grounds. Any action will be taken in line with
statutory requirements and the Council’s policies.
3.2
Where
possession is sought, the Council will serve the appropriate legal
notice and may apply to the County Court for a possession order.
Tenants will be informed of the grounds being relied upon and have
the right to respond or seek advice.
Our communities are diverse and to reflect this
we have improved and updated our Tenancy Agreement and also made it
easier to understand.
If you have difficulty reading this document
because you need it in LARGE PRINT, have a disability or because
English is not your first language this information can be made
available in other languages and formats upon request by contacting
us on 0300 131 2 131.
