Your new home. Tenancy Agreement

Transcription

1 Tenancy Agreement This is a legal contract which describes the rights and responsibilities for yo as a concil tenant and for Sothampton City Concil Yor new home CoverSinglepages.indd 1 07/11/ :09

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3 Welcome to yor new home Sothampton City Concil wold like to welcome yo to yor new home and neighborhood. We hope that yo will be very happy as a concil tenant. This tenancy agreement sets ot both yor responsibilities as a tenant, and those of the concil. There are also lots of valable services, which yo can make se of as a concil tenant to make sre yo and yor family live happily and safely in yor home. This page tells yo more abot them and how yo can get frther information. Yor local hosing office Yo can se yor local hosing office for lots of hosing and other concil services, right on yor doorstep. Yo can se them to: pay yor rent report repairs find ot abot home exchanges, report abandoned vehicles report noise or neighbor nisance or any other qeries abot yor tenancy, home or other concil services. There are local hosing offices arond the city. If yo want to find ot where yor nearest one is jst call or hosing.services@sothampton.gov.k Neighborhood wardens The concil s neighborhood wardens work closely with local people and organisations like the police and health services to help keep yor area a safe place for everyone to live. Neighborhood wardens carry ot a wide range of tasks inclding: arranging the removal of litter, graffiti and blky rbbish help spport older people and vlnerable residents keeping commnal or shared areas of flats or estates clean and safe help resolve minor neighbor disptes or antisocial behavior co-ordinating the work of concil and other services in yor area They also talk to local people to come p with ideas for improving the area. To contact the wardens in yor area, simply speak to them when they are ot and abot, leave a message at yor local hosing office or ring actionline Actionline Actionline is the concil s freephone telephone service, which yo can se to report hosing repairs or check on progress. Tenancy Agreement indd 1 07/11/ :07

4 Yo can also se Actionline to tell s, or find ot abot, refse collections, (inclding blky items from yor home), recycling, potholes, nsafe roads or pavements, abandoned vehicles, street lighting, graffiti, litter, dog foling, or broken or damaged bs shelters. Yo can call actionline, Monday to Friday 8.30am-5pm on or Having yor say We firmly believe that or tenants are or cstomers and we are committed to working with or cstomers to improve or services to yo. There are many ways yo can work with s to help s bild better commnities and improve the services we provide. Some of the ways yo can work with s to help s bild better commnities and improve the services we provide Some of the ways yo can help s will only take five mintes; sch as answering a short phone call or responding to an srvey. However many tenants have chosen to get more involved by representing their street or block, by becoming a Block or Street Representative, or by joining a tenants association. We provide a wide range of cstomer involvement opportnities and many people find they develop new skills and friends along the way. For more information abot tenant involvement call the Tenant Involvement Team or speak to yor Local Hosing Office; For the Tenant Involvement Team telephone or tenant.participation@sothampton.gov.k/tp facebook: Tenant Participation, Sothampton. More information is available in yor Tenants Handbook. Please note however that yor Handbook is for advice and information only and does not form part of this tenancy agreement. Tenancy Agreement indd 2 07/11/ :07

5 The Tenancy Agreement This is a legal contract. It describes the rights and responsibilities of Sothampton City Concil ( the concil ) and of yo the tenant. The address of the property rented in this agreement: The name(s) of the tenant(s): This weekly secre tenancy starts on Monday The type of property: Sitable for a dog to be kept: yes / no (delete as appropriate) The maximm nmber of people allowed to live here: The gross rent for the property: This incldes the following charges: Heating charge yes / no General service charge yes / no Spport service charge yes / no (These amonts are sbject to variation with for weeks notice given by the concil). Arrears for a former concil tenancy (cross throgh if not applicable) A repayment agreement has been made to repay former tenancy arrears, known at the time this tenancy agreement is signed. This is for: amont address of former tenancy Total November 2011 Tenancy Agreement indd 3 07/11/ :07

6 The concil lets the property described above sbject to the tenancy conditions set ot in this agreement. If there is more than one tenant this agreement applies to yo jointly. Any notice (whether in proceedings or otherwise) may be served on Sothampton City Concil by sending it or delivering it to: Head of Hosing Management Sothampton City Concil Civic Centre Sothampton SO14 7LR All tenants mst sign below after reading this agreement. The information I (we) gave in the hosing application form was and still is tre. I (we) agree to the conditions in this tenancy agreement. I (we) have received a copy of Tenants Handbook. Print name signatre Hosing Officer signatre Print name for and on behalf of Sothampton City Concil Date November 2011 Tenancy Agreement indd 4 07/11/ :07

7 1. Secre tenancy 1.1 This agreement is a legal contract and signing it makes yo a secre tenant. This gives yo the rights and responsibilities that are the conditions of yor tenancy. 1.2 As the tenant yo mst keep to the conditions of this agreement. Yo are responsible for the condct and behavior of friends, relatives, any other people (inclding children) and pets living in or visiting the property, commnal area or locality. 1.3 Yor concil tenant neighbors have the same rights and responsibilities as yo do as a tenant. 1.4 If yo are joint tenants each of yo is responsible for keeping to this agreement, inclding paying the rent. 1.5 Changes to the conditions of yor tenancy: If we want to change any conditions of yor tenancy we can do so with yor agreement or by serving a notice of variation. If we serve a notice of variation we will: - Serve a preliminary notice before the actal notice of variation is served. - Conslt with yo on the changes as legally reqired. - Give yo 28 days (for weeks) notice of any changes in the conditions of yor tenancy. 1.6 Sbstantial changes in or hosing service to yo: We will conslt yo if there are any plans for these and give yo 28 days (for weeks) notice in writing before any changes begin. 1.7 Yor right to live in the property: This agreement gives yo the right, as a tenant, to live in the property nless there is a legal reason for s to take possession proceedings and the cort takes the property away from yo by granting s possession. For example: Yo break any of the conditions in this agreement. If yo do we will take legal action to force yo to meet the conditions, or ask the cort for permission to evict yo. Yo stop sing the property as yor only, or main, home. Yo have given false or fradlent information to get the tenancy. We need to carry ot redevelopment or major repairs to the property which we cannot do nless yo move ot. There is a legal grond for possession nder the Hosing Act 1985, the Hosing Act 1996 or any other ftre law. 1.8 If we decide to take possession action yo will be served with the appropriate legal notice: The notice can be served on the property or on yo in person. A notice served on yo de to antisocial behavior can lead to immediate possession action in cort. If a notice is served on yo for any other reason, possession action in cort can begin 28 days (for weeks) from that date. 1 Tenancy Agreement indd 5 07/11/ :07

8 1.9 If yo breach any condition of this agreement we will charge yo: The costs of taking action against yo throgh the corts. The cost of ptting right any breaches of yor tenancy agreement. For any repairs or other works to the property, commnal area or locality de to that breach. This may be by a Maintenance Recovery Charge Yo mst pay any charge we raise against yo, inclding maintenance recovery charge Occpation of the property: a. Yo mst se the property as yor only, or main, home. b. If yo do not se the property as yor only, or main home, yor secre tenancy will end and we will take action to repossess the property. c. If the property has been abandoned by yo we can take the property back withot going to cort Sb-letting: a. Yo mst not sblet, even temporarily, the whole of the property. Yo will immediately lose yor secre tenancy and we will take action to repossess the property. b. Yo mst get written permission from s if yo want to sb-let part of the property Assigning yor tenancy: Yo can only assign yor tenancy in the following ways: Yo are ordered to by the cort. To someone who wold be able to scceed to the tenancy if yo died. Yo mst get or written permission before yo assign yor tenancy on these gronds. We can refse yo permission bt wold not do so nreasonably. By carrying ot a mtal exchange for which yo mst get or permission. Sccession (passing on yor tenancy on yor death) is not part of this agreement with yo Ending yor tenancy - see section 6 of this agreement moving ot. 2 Tenancy Agreement indd 6 07/11/ :07

9 2. Yor rent 2.1 Yor rent at the start of yor tenancy is shown on the front of this agreement. The rent de for the property will then be shown on yor rent card. 2.2 Paying the rent: a. Yo mst pay the rent de for the property on time. It is what we charge yo for living in the property. This rent mst be paid even if yo are waiting for a Hosing Benefit claim to be processed. b. Yo mst pay any charges that form part of yor rent on time. Examples are heating charges, warden services or spport service charges. Yo mst pay these charges even if Hosing Benefit pays the rest of yor rent or yo are waiting for a claim to be processed. If yo have to pay these charges they are shown on yor rent card (yor local Hosing Office can provide information and advice). c. If yo receive Hosing Benefit yo mst tell s immediately of any changes which may affect yor entitlement. d. Any npaid or delayed rent will be recorded as rent arrears. 2.3 When to pay yor rent: a. Yo mst pay yor rent in advance and not in arrears. Yor rent card shows the de date. b. We se a 48 week rent year (49 weeks in a 53 week financial year) There are for non-rent weeks in a year (shown in yor rent card). Yo will only benefit from these non-rent weeks if yo are a tenant dring those weeks. c. If yo are in rent arrears yo mst contine to pay to redce yor arrears dring the for non-rent weeks. 2.4 Changes in the rent charged: a. We can change the amont of yor rent and any charges forming part of it in accordance with legal reqirements. b. We can charge yo for any improvement, repair or service provided to the property that comes within government and legal reqirements for the calclation of rent. This charge will form part of yor rent. c. We will give yo 28 days (for weeks) written notice of any change to yor rent, inclding any changes or additions to the charges forming part of yor rent. This is called a notice of variation. 2.5 Spport services: a. If yo live in sheltered accommodation yo mst accept the spport service provided there. Yo mst pay for this service in a charge that forms part of yor rent. 3 Tenancy Agreement indd 7 07/11/ :07

10 b. If yo do not live in sheltered accommodation, bt have been assessed as needing spport services, yo mst accept and pay for this service in a charge that forms part of yor rent. 2.6 If yo are joint tenants: a. Yor liability for the rent: Yo are all responsible for paying the de rent and any rent arrears. If rent arrears are owed we can take action to recover them from any one of yo or all of yo. b. If any joint tenant leaves: The tenant who remains living in the property will be responsible for all the rent de for the property, inclding any rent arrears already owed. If yo are still named as a joint tenant yo are liable for payment of rent and rent arrears even if yo have moved ot. If there are rent arrears on the property any action we take to recover them will be in the names of all the joint tenants. 2.7 Rent arrears recovery: a. Being in rent arrears means yo are breaking the conditions of yor tenancy. We can end yor tenancy and repossess yor home by taking cort action for an order to evict yo. b. If yo are in rent arrears, we will dedct any money we owe yo from the arrears amont. c. If yo apply for an accommodation transfer throgh s we may not allow this while yo have rent arrears. d. We are nlikely to find yo another permanent home if yo are evicted for rent arrears, even if yo have children or dependants. e. If yo leave a tenancy owing s rent arrears and apply for rehosing in the ftre, yor application may be given less priority or be exclded from or hosing list. 2.8 Former tenancy arrears: a. Any known rent arrears from a previos tenancy with s are shown on the front of this agreement. b. If yo owe rent arrears from a previos tenancy, these mst be repaid as a condition of this tenancy. Yo may pay by instalments as agreed by s or the cort. 2.9 Ending yor tenancy and moving ot: See section 6 of this agreement moving ot. 4 Tenancy Agreement indd 8 07/11/ :07

11 3. Use of the property 3.1 If any of the conditions in this section are breached yo will, in addition to any other action we take, be charged for the cost of ptting them right. 3.2 Condition of the property: a. Yo mst keep the property: In good condition, clean, tidy and decorated. Free from anything likely to case an obstacle to anyone, a fire risk, a health and safety hazard or strctral damage. Free from pests or vermin and not encorage their presence. b. Yo are responsible for decorating the inside of the property: If we give yo any help with the cost or materials it mst only be sed for decorating the property. c. Yo mst not, or permit anyone to, damage, deface, dirty or graffiti on the inside or otside of the property or any provided fixtres and fittings. d. Yo mst not tamper with, or permit anyone to, damage, disable, deface or graffiti on any of the following at the property: Door entry or emergency alarm eqipment. Smoke or heat detectors. Gas, electricity or water spplies or meters. e. Or responsibilities for the condition of the property are stated in section 5 of this agreement - repairs and improvements. 3.3 Use of inflammable material, inclding gas cylinders or bottles: a. Yo mst not se or store any dangeros, explosive or inflammable material or sbstance in the property, commnal areas, or sheds and storage areas in blocks of flats. b. Yo mst not se portable oil, paraffin, gas cylinder/bottle cookers or heaters in the property. c. On safety gronds yo mst tell s if yo se oxygen cylinders and the eqipment mst be prescribed by a registered medical practitioner. 3.4 Nmbers of people allowed to live in the property: a. The maximm nmber of people permitted to live in the property is stated on the front of this agreement and on yor rent card. b. No room having an open fle gas fire/boiler may be sed as a bedroom. It is nsafe and we will disconnect the appliance. 5 Tenancy Agreement indd 9 07/11/ :07

12 3.5 Condition of any commnal areas in blocks of flats and maisonettes: a. Yo mst keep the commnal areas clean and tidy. b. Yo mst keep the commnal areas and fire exits free from anything likely to case an obstacle to anyone, a fire risk, a health and safety hazard or strctral damage. c. Yo mst not tamper with, or permit anyone to, damage, disable, dirty, deface or graffiti on anything of ors, inclding eqipment, in the commnal areas. This incldes: Door entry or emergency alarm eqipment. Lifts inclding the lift doors, machinery and control panels. Fire fighting and detection eqipment and installations. Gas, electricity and water spplies or meters. Glass in panels and windows. Sheds and storage areas. d. The proper disposal of rbbish and nwanted items is covered in clase 3.9 getting rid of rbbish. e. Or responsibilities for the condition of the commnal areas are stated in section 5 of this agreement - repairs and improvements. 3.6 Use of gardens, yards and balconies forming part of the property: a. Yo mst keep any gardens, yards and balconies: Tidy with any hard srfaces kept clean. Free from anything likely to case an obstacle to anyone lawflly there, a fire risk, a health and safety hazard or strctral damage. Free from stored or accmlated rbbish, frnitre, hosehold appliances or scrap metal. b. Grass mst be kept ct and hedges trimmed. c. Yo mst not case any risk to yor property or nisance, annoyance, distrbance or risk to yor neighbors by lighting bonfires or by brning non-domestic or hazardos materials. d. Yo mst get or permission before yo: Bild a garage, carport, conservatory or similar strctre. Erect a fence or bondary wall or alter or remove an existing one. Plant a hedge or a tree or remove an existing one. Install a driveway, hard-standing or paved parking area. We will not nreasonably refse permission and yo mst also obtain any necessary legal permissions (eg planning permission.) e. The bondary of the property is determined by s. Or decision is final in the event of any dispte regarding or land or its bondaries. 6 Tenancy Agreement indd 10 07/11/ :07

13 3.7 Rnning a bsiness, working or trading from the property: a. Yo mst get or permission before yo or any other person begin rnning a bsiness, working or trading from the property. We will not refse permission nreasonably. b. We will not allow the following bsinesses to be rn or operated from the property: Repairing, re-spraying, valeting or trading in motor vehicles, boats, trailers, caravans or similar strctres. Shops or wholesale bsinesses where cstomers wold have to visit the property. Any bsiness or trade likely to case nisance or annoyance to other people or damage the property, or land or commnal areas. Any bsiness or trade which involves sing the property or locality for any illegal or immoral prpose. Any bsiness or trade sing controlled sbstances sch as chemicals. c. If we do give yo permission yo mst also have and maintain any necessary insrance, legal permissions and an appropriate level of pblic liability insrance. d. If any bsiness, trade or work at the property breaches any conditions of this agreement we will withdraw or permission. If we do this it mst stop operating. e. Yo, or anyone yo are responsible for as the tenant, mst not rn a bsiness, work or trade from: Any commnal areas in or blocks of flats or maisonettes. Any of or garage blocks. Any land in the locality of the property (eg parking or grassed areas). 3.8 Cars and other vehicles: (inclding motor vehicles, caravans, boats and trailers or similar). Parking: a. At the property yo mst only park on a properly constrcted hard-standing, driveway, paved parking area or in a garage. (clase 3.6 (d) of this agreement covers their constrction). b. In the areas on or land where we allow parking, or at the property, yo mst not park any vehicle which is: Large or heavy. Withot the reqired tax. In a wrecked, derelict, dangeros or nroadworthy state. c. Yo mst not allow any vehicle yo are responsible for to be lived in at the property or on or land. d. Yo mst not keep any motor vehicle (e.g. motorcycle or moped) inside the property, in any indoor commnal area or in sheds in blocks of flats or maisonettes. 7 Tenancy Agreement indd 11 07/11/ :07

14 e. Yo mst not park obstrcting access: By the emergency services. To other properties in yor locality. f. Yo mst not, or permit anyone to, park on or move any vehicle across, or forecorts, grassed areas or footpaths. g. In parking areas with marked bays yo, or anyone yo are responsible for, mst only park within those bays. h. Yo, or anyone yo are responsible for, may only park a caravan, trailer, boat or similar vehicle in or parking areas if there is available space. Yo mst move it to a more sitable location if we ask yo to do this. Or decision in respect of parking is final. i. Yo, or anyone yo are responsible for, mst not park in or disabled parking bays nless yo are eligible to do so. Yo mst not obstrct sers access to these bays. Repairs to vehicles: j. Yo, or anyone yo are responsible for, mst not carry ot freqent or major repairs to vehicles at the property or on or land. k. Yo, or anyone yo are responsible for, may carry ot occasional,minor repairs to vehicles if: It cases no nisance, distrbance or risk to nearby residents. Yo leave the area clean and tidy with no damage to or property or land. It does not pollte any drainage or sewage system or the local environment (eg improper disposal of oil or paint). The work is not part of a bsiness trading or being operated from, the property, commnal areas or land in the locality (clase 3.7 covers the rnning of vehicle related bsinesses). 3.9 Getting rid of rbbish: a. Yo mst ensre that rbbish and nwanted items from yor property are disposed of in the proper way. Yo mst not allow it to bild p in the property. (clase 3.2 covers the condition the property shold be kept in). Yo mst not improperly dispose of it on or land, commnal areas or in the locality. If yo do we will charge yo. b. In blocks of flats or maisonettes yo: Mst pt yor rbbish and nwanted items, inclding frnitre, in the areas or containers provided or arrange for their proper disposal elsewhere. Mst not leave any rbbish or nwanted items in any commnal areas not designated for their collection or storage. Mst not block access to fire exits or fire fighting eqipment with rbbish or nwanted items. Mst not throw anything, or allow anything to fall from, any windows, balconies or commnal areas. 8 Tenancy Agreement indd 12 07/11/ :07

15 c. If any syringes or needles are sed by yorself or anyone living in or visiting the property yo mst ensre they are disposed of safely and not left where anyone in the locality, or staff or contractors may come into contact with them Dogs and other animals: a. Yo can keep the following animals: If an animal is not inclded in clases 3.10 (b j below) yo may keep it withot having to obtain or permission. However this is on the nderstanding that yo mst not break any conditions in this agreement. b. Yo mst not keep the following animals: Yo mst not keep any animal which we feel is nsitable; these animals are: Livestock sch as poltry, pigs, goats or horses or similar. All venomos (poisonos) insects and spiders. All large, poisonos or constrictor snakes or lizards. Any animal listed in legislation as: - A dangeros wild animal (eg Dangeros Wild Animals Act 1976). - Wildlife that cannot be kept nless it is for scientific or conservation prposes (e.g. Wildlife and Contryside Act 1981). - A species prohibited from trade, import or export (e.g. Endangered Species (Import and Export) Act 1976). Dogs: c. This tenancy agreement states on the front page whether a dog can be kept at the property. A dog cannot be kept at a property with commnal access. d. If the property is stated as not sitable for a dog: Yo mst not keep a dog at the property. Yo mst not allow a dog onto the property or srronding commnal areas even for visits. e. Clases 3.10 (c and d) do not apply to registered assistance dogs. f. Yo mst have or written permission from s before keeping any dog inclding registered assistance dogs. Yo will not be given permission to keep the specific types of dogs restricted by law (e.g. Dangeros Dogs Act 1991) as being bred for fighting or presenting serios danger to the pblic. g. Any written agreement by s allowing yo to keep a dog is sbject to yo: Keeping the dog nder proper control. Complying with any legislation concerning the keeping and control of dogs. 9 Tenancy Agreement indd 13 07/11/ :07

16 h. Birds: Not allowing foling, excessive barking or other nisance behavior. Ensring any garden, yard or balcony is properly fenced, secre and clean. Permission will be removed if yo do not keep to these conditions. Yo mst have or permission before yo keep the following at the property: Pigeons or doves. Birds in an otdoor aviary or similar strctre. Birds of prey. (Yo will not be given permission for a bird listed in clase 3.10b). i. If yo are banned from keeping an animal: If yo, or anyone living with yo, has been banned by a cort from keeping an animal then yo mst not keep that type of animal at the property for as long as this ban lasts. j. Wild animals: Yo mst not do anything to encorage wild (feral) pigeons, rats, mice or grey sqirrels onto the property, or land or the locality. 10 Tenancy Agreement indd 14 07/11/ :07

17 4. Antisocial behavior 4.1 Yo are responsible for the behavior of friends, relatives, other people (inclding children) and pets living in or visiting the property, commnal areas and locality. 4.2 Yo, yor family, visitors, or people who live at the property mst not behave in an antisocial way or instrct others to do so. This means yo mst not and mst not allow others to: a. Do anything which cases a nisance, annoyance or distrbance to anyone in the locality. b. Do anything which interferes with the peace, comfort, safety or convenience of anyone living in the locality. c. Use the property, commnal area or locality for any immoral or illegal prpose or commit an arrestable offence there. d. Harass, verbally abse, se violence or threaten to do this towards anyone in the locality whether they are living, visiting or working there. This incldes doing this becase of someone s: age disability gender national origin religion color ethnic origin HIV stats race sexality e. Psychologically, emotionally or sexally abse anyone living in the property. f. Use violence or threaten this to or staff, contractors or concillors. g. Do anything which cases nisance, annoyance, distrbance or harassment to or staff, contractors or concillors. Some examples of antisocial behavior are shown in Appendix Yo mst not make false or malicios complaints to s abot anyone. 4.4 We will take legal action to stop yo, yor family, visitors or people living at the property behaving in an antisocial way. This incldes taking legal action to obtain an injnction, antisocial behavior order or evict yo from the property. 4.5 We are nlikely to find yo another permanent home if yo are evicted becase of antisocial behavior, even if yo have children or dependants. 4.6 If a record of antisocial behavior is bilt p dring yor tenancy, then yo cease to be or tenant, yo may in the ftre be exclded from reapplying for hosing with s, or we may give yor application less priority. Or responsibilities: a. We will recognise yor right to live in yor home in the way yo choose as long as yo, yor family, visitors or people living at the property do not break any conditions in this agreement. 11 Tenancy Agreement indd 15 07/11/ :07

18 b. We take antisocial behavior very seriosly and where appropriate we will se available legal powers to take action against those casing the problem. Before we can take any action we need appropriate and sfficient evidence. Examples of the type of action we cold take against antisocial behavior are shown in Appendix 1. c. We will give yo help and advice if yo report antisocial behavior. d. We will investigate yor complaints, keep yo informed and take appropriate action to tackle the problem. e We will refer complaints abot antisocial behavior to a mediation service or to other agencies as appropriate. 12 Tenancy Agreement indd 16 07/11/ :07

19 5. Repairs and improvements Or responsibilities: 5.1 We will look after the property by keeping in repair and proper working order the: Strctre and exterior inclding floors, walls, roof, windows, drains and gtters. Otside decoration. Installations for spplying: - Electricity, gas, water and sanitation inclding the toilet, bath and sink. - Room heating and hot water. This incldes an annal service of all gas appliances installed and maintained by s and an inspection of the electrical wiring every 10 years. 5.2 We will take reasonable care to keep the commnal areas of blocks of flats and maisonettes in repair and fit for se. 5.3 We will carry ot reported repairs within a reasonable time period: When yo report a repair we will tell yo when we will carry it ot by. We will decide on the natre of the repair to be carried ot. 5.4 If yo apply to by the property: We will only carry ot repairs to maintain essential services and keep the property wind and watertight. If yo by the property or repair responsibilities nder this tenancy agreement end. 5.5 If the property needs to be empty for major bilding works, redevelopment or demolition: We have the right to take possession. We mst offer yo a sitable alternative property before we take possession. If we only need yo to move ot temporarily yo mst retrn to the original property on completion of the work - nless yo have or written permission to remain in the other property. Yor responsibilities: 5.6 Yo mst report any repairs that we are responsible for, as soon as possible. 5.7 Yo are responsible for everyday, small repairs to and tasks in the property: If we have to carry ot this type of repair or task we will charge yo. This may be by a maintenance recovery charge. If yo are an older or disabled person we may provide help with some of these repairs. 5.8 Yo are responsible for the safe and legal installation, repair and maintenance of yor own hosehold eqipment (e.g cooker and washing machine). We will charge yo if this eqipment cases damage to yor or a neighboring property, reqiring s to carry ot repairs. 13 Tenancy Agreement indd 17 07/11/ :07

20 5.9. Yo are responsible for providing and replacing yor hosehold appliances, frnitre and personal belongings Yo are responsible for the safe repair and maintenance of any improvements or alterations yo have done at the property, nless we have agreed in writing to do this orselves Staff and contractors: a. Yo mst allow or staff and contractors to enter the property to carry ot inspections, repairs, servicing, replacement, improvement works and works to remedy any breaches of this agreement. b. We will give yo reasonable notice that we need access. The notice period will vary according to the rgency of the sitation. c. In emergencies or staff and contractors can Enter the property withot any notice if we feel there is a risk of personal injry or damage to or, or neighboring, property. Force entry to the property even if no-one is home at the time. Examples of these sitations inclde: - The property is in a dangeros strctral condition. - Gas leaks. - Brst pipes or overflowing water damaging the property or neighboring properties. d. Yo mst give s access to service the: Gas spply and any gas appliances installed and maintained by s. Electric spply, wiring and otlets. If yo do not give s access we can force entry to the property to do this work. e. If yo prevent s from entering the property we will charge yo for the cost of taking action to ensre we can get in and meet ot legal obligations as a landlord Yo mst have or written permission before yo carry ot any additions, improvements or alterations to the property, inclding for a satellite dish or for laminate or wood-block flooring. If yo do not we will charge yo for the cost of reinstating the property. If any conditions we set for this are not met or permission will be taken away. Yo mst get any other necessary approvals (eg planning permission and appropriate pblic liability insrance) before yo do this work We will charge yo for, and yo mst pay for: Any work to or at the property, neighboring properties or commnal areas which is de to misse, neglect, negligence or deliberate damage by yo or anyone whose behavior yo, as tenant, are responsible for. 14 Tenancy Agreement indd 18 07/11/ :07

21 Any damage to, or anything of ors missing from, the property (inclding doors, window glass or kitchen nits) nless the police isse yo with a crime nmber and it was not done by someone whose behavior yo were responsible for. In certain exceptional circmstances we may agree not to charge yo. Any damage to, or anything of ors missing from, any concil shed inclded in yor tenancy nless the police isse yo with a crime nmber or an incident nmber and it was not done by someone whose behavior yo were responsible for If yo are moving ot see section 6 of this agreement - moving ot. 15 Tenancy Agreement indd 19 07/11/ :07

22 6. Moving ot 6.1 The conditions in this agreement apply p to and inclding the date yor tenancy ends. 6.2 Giving notice to end yor tenancy: (this does not apply if we are evicting yo). a. Yo mst give s a minimm of for weeks notice in writing, ending at midday on a Monday, that yo are moving ot. This notice mst be given to yor local hosing office or to the Head of Hosing Management. b. The nmber of weeks notice given can be redced where: Yo have accepted a transfer throgh s to move to a property that is ready to move into. We have asked yo to move ot to allow s to do major works. c. If yo die whilst yo are a tenant we will charge yor estate two weeks rent. 6.3 Yor rent when yo end yor tenancy and move ot: a. Yo mst pay the rent p to the end of yor notice period. b. Yo mst retrn yor keys to s by that date. Yo will be charged a fll weeks rent, for each week ntil yo retrn yor keys (a rent week ends at midday each following Monday). 6.4 Giving s vacant possession of the property: When yo move ot yo mst give s vacant possession of the property by not leaving anyone living there. We will take cort action to remove anyone left in the property and yo will be charged for the legal costs of this. 6.5 When yo move ot of the property yo mst: a. Leave the property, inclding its garden, yard or shed, and or fixtres and fittings in good condition, clean, tidy and fit for se. b. Retrn the keys for all the lockable doors and windows. c. Ensre no animals are left at the property. d. Remove all yor belongings (inclding frnitre and carpets) and any rbbish. Yo can leave items specified in writing at yor pre-vacation inspection. e. Dispose of any rbbish or nwanted items in the proper way (see section 3.9 getting rid of rbbish). f. Ensre any disconnections of gas, electricity, water spplies or hosehold appliances (e.g cooker) are done safely, properly and meet legal reqirements. 16 Tenancy Agreement indd 20 07/11/ :07

23 g. Remove any alterations, improvements or additions to the property for which We have not given permission. Yo have not met the conditions of or approval. We did not give yo permission to leave behind. That part of the property shold also be reinstated to its original condition. h. If yo do not do any of the above we will charge yo for s doing it instead. In certain exceptional circmstances we may agree not to charge yo. 6.6 If yo move ot of or abandon a property any belongings left behind, inclding personal effects and frnitre, will be disposed of, stored or sold at or discretion and in line with legal reqirements. 17 Tenancy Agreement indd 21 07/11/ :07

24 18 Tenancy Agreement indd 22 07/11/ :07

25 Appendix 1 Antisocial behavior A. Antisocial behavior incldes the following: Harassment by: Using absive, threatening or inslting words, behavior or graffiti. Using or threatening violence against people or pets. Damaging, or threatening to damage, another person s home or possessions. Sending grossly offensive or threatening letters. Making nisance phone calls. Casing a nisance, annoyance or distrbance by: Failing to control the behavior of yor children. Offensive drnkenness. Playing lod msic or television. Lod arging or shoting. Banging and slamming doors. D.I.Y. or sing hosehold appliances at nreasonable hors. Repeatedly playing ball games against someone else s property or in a commnal area. Using the property or the locality for: The prposes of prostittion. Selling, dealing, making, growing or storing illegal drgs. Illegal making, downloading, dealing, distribting or importing pornographic or obscene material or compter images. Smggling goods, materials, animals or people. Keeping or sing an illegal or nathorised firearm or offensive weapon. Activities related to the incitement of racial hatred inclding storing or displaying offensive items or materials. Isses addressed nder the Use of the Property section in this agreement may also be acted on as antisocial behavior. For example Failing to keep the property in good condition. Not getting rid of rbbish and nwanted items in a proper way. Dog foling or barking. Keeping nsitable animals. Operating a vehicle repair or sale bsiness from the property or locality. Please note that these are examples of antisocial behavior and does not mean we cannot take action on behavior, or other sections of this agreement, not listed here. 19 Tenancy Agreement indd 23 07/11/ :07

26 B. Examples of action we cold take against antisocial behavior: Offer mediation services. Ask a cort to grant an injnction against those casing the problem. Use an Acceptable Behavior Contract. Ask a cort to grant an Antisocial Behavior Order against those casing the problem. Refer the problem to, or work with, other agencies sch as Social Services, Environmental Health Services or the Police. These agencies can then se their own powers inclding fines, seizing of goods or tackling parenting isses. Ask a cort to end the tenancy of, and evict, the tenant where someone is casing the problem by their antisocial behavior. C. Behaving in an antisocial way can affect yor ftre hosing sitation: We are nlikely to find yo another permanent home if yo are evicted becase of antisocial behavior, even if yo have children or dependants. If a record of antisocial behavior is bilt p dring yor tenancy then yo stop being or tenant, yo may in the ftre be exclded from applying for rehosing with s or we may give yor application less priority. 20 Tenancy Agreement indd 24 07/11/ :07

27 List of definitions Acceptable behavior contract (ABC) Animal A written agreement between a person, the police and the concil. Incldes mammals (eg dogs, cats, rabbits), birds, reptiles, fish, insects, spiders and amphibians. Antisocial behavior order (ASBO) An Order made by the Cort nder Section 1 of the Crime and Disorder Act To assign yor tenancy Breach Charge Commnal areas Conditions of yor tenancy Concil (as in the concil ) Estate (as in Yor estate ) Evict/eviction To pass over yor tenancy agreement to another person by way of an assignment. This can only be done in very limited circmstances. The Tenants Handbook gives frther details. If yo break any of the terms of yor tenancy (of Tenancy Conditions/Agreement) agreement then yo are in breach of yor agreement with the concil. A breach of yor tenancy agreement can lead to the loss of yor home. The cost to the concil of carrying ot any works inclding interest on late payments, an administration charge, VAT and cort costs. The cost of repair works is calclated with reference to a schedle of rates which is available to inspect at yor Local Hosing Office. They are sally dealt with by a Maintenance Recovery Charge. Parts of the concil estate and blocks of flats which all tenants and residents can se. This incldes stairwells, landings, balcony, walk-ways, lifts, amenity areas, bin stores, shared gardens and lawns. See tenancy conditions. Sothampton City Concil. Upon death any belongings or money owned by a deceased person are called his or her estate. If yo have been ordered by the cort to give the property back to the concil and yo do not leave the concil will ask the cort bailiff to remove yo (evict yo) from the property. This is called an eviction. 21 Tenancy Agreement indd 25 07/11/ :07

28 Fixtres and fittings Garden Hosing service Injnction Locality Maintenance recovery charge (MRC) Mtal exchange Notice of seeking possession (NOSP) Notice to qit (NTQ) Any installations in the property inclding kitchen nits, fire places, airing cpboards and all those installations for spplying or sing gas, electricity or water. All of the garden inclding lawns, hedges, flowerbeds, trees, shrbs, otside walls and fences. The services provided specifically to yo as a tenant by the concil. An order of the cort preventing someone from doing certain things or making someone do specified things. Everything, inclding all land, hoses, shops and roads, within a reasonable distance of the property. The amont yo have to pay to the concil for work to be carried ot to or at the property or other concil owned land or property becase of something yo, or people living at or visiting the property, have done or not done. This charge is calclated by reference to a schedle of rates which is available to inspect at yor local hosing office. It will also inclde an administration charge, VAT, any cort costs and interest on late payments. Swapping tenancies with another local athority or hosing association tenant. Anyone doing this mst first have the written permission of both parties landlords. A notice served on a secre tenant as the first stage of the concil taking the property away from the tenant. This notice can either be served on the tenant in person or on the property, inclding by being pt throgh the letterbox. This can be either of the following: A notice served by the concil to end the right of people who are not secre tenants to live in the property. This notice can either be served on the tenant in person or on the property, inclding by being pt throgh the letterbox. 22 Tenancy Agreement indd 26 07/11/ :07

29 OR A notice given by the tenant, or one tenant of a joint tenancy, stating that they wish to give p the tenancy. A notice to qit served by one person of a joint tenancy acts for all the joint tenants of the property. Notice of variation Permission Legal permissions Possession/possession proceedings /repossession Property (as in the property ) Registered assistance dog A notice served by the concil to change the terms of yor tenancy. Means a letter from the concil giving yo permission to do certain things. Will inclde planning permission, bilding reglations consent, health and safety permissions, licences and varios insrances (inclding pblic liability insrance) that yo may need to do certain things at yor property. The legal work and process sed when the concil is going to ask the cort to take the property away from yo. The property yo live in inclding any garden, yard or balcony bt not inclding any shed areas in blocks of flats. A dog provided and trained by the relevant organisation to assist people who are blind, deaf or otherwise disabled, i.e Gide dogs for blind people. Hearing dogs for deaf people. Spport dogs for disabled people. Rent Secre tenancy Sheltered hosing The whole charge yo have to pay to the concil to live in the property. The rent is made p of different parts, for example heating costs (the heating charge ) and spport service costs (the spport service charge ). Yo mst pay all yor rent to contine to live at the property. A tenancy which gives the tenant(s) many rights and also responsibilities. These inclde the right to live at the property. Only a cort can take the right to live in the property away from a secre tenant. Sheltered hosing is independent 23 Tenancy Agreement indd 27 07/11/ :07

30 accommodation for older people within an integrated complex. There is a warden service that provides spport, advice and a link in co-ordinating services for older people. Sbletting Sccession Spport services Tenancy conditions Us/we/or Vehicle Yo Giving someone else the right to live at the property. We do not allow the sbletting of the whole of a property. This can only happen on the death of a tenant. When a tenant dies a family member living with them may qalify to scceed to the tenancy and become the tenant bt only in certain circmstances. These are services that are aimed to enable those residents who receive them to live independently. All the conditions, rles, reglations and responsibilities contained in this tenancy agreement which both the tenant and the concil mst keep to. Sothampton City Concil (Hosing Services). A car, bs, lorry, van, motor-home, caravan, boat, motorbike, moped or similar. The tenant and, in the case of joint tenants, one or all of the joint tenants. 24 Tenancy Agreement indd 28 07/11/ :07

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32 This written information is available on reqest in other formats or langages. Please contact yor local hosing office for help. Version May 2008 Designed, printed & prodced by Sothampton City Concil CoverSinglepages.indd 4 07/11/ :09