STARTER TENANCY AGREEMENT. ASSURED SHORTHOLD TENANCY With provision to Convert to an Assured Non-Shorthold Tenancy

Transcription

1 STARTER TENANCY AGREEMENT ASSURED SHORTHOLD TENANCY With provision to Convert to an Assured Non-Shorthold Tenancy BOSTON MAYFLOWER 2013

2 CONTENTS SECTION PAGE No DEFINITIONS 2 1 ABOUT YOUR TENANCY 3 2 YOUR RENT 6 LANDLORD RESPONSIBILITIES 3 REPAIRS MAINTENANCE & IMPROVEMENTS 8 4 COMMUNITY RESPONSIBILITIES 9 TENANTS RESPONSIBILITIES 5 REPAIRS MAINTENANCE & IMPROVEMENTS 9 6 COMMUNITY RESPONSIBILITIES 12 7 USING THE PROPERTY 16 8 MOVING & LEAVING & RIGHTS OF SUCCESSION 17 9 YOUR RIGHTS TO INFORMATION & CONSULTATION COMPLAINTS PROCEDURE 19 SIGNATURE CLAUSE 20 APPENDIX A - SCHEDULE OF SERVICES APPENDIX B - PREVIOUS TENANT IMPROVEMENTS/ ALTERATIONS

3 BOSTON MAYFLOWER STARTER TENANCY AGREEMENT ASSURED SHORTHOLD TENANCY With provision to Convert to an Assured Non-Shorthold Tenancy This agreement forms a legal contract, and describes the rights and responsibilities of Boston Mayflower Limited, the Landlord, and you, the Tenant. The Landlord: Boston Mayflower Limited ('Boston Mayflower'). The address where you must serve us with notices (including notices in proceedings) is Boston Mayflower Limited, Chantry House, 3 Lincoln Lane, Boston, Lincolnshire PE21 8RU. Property to which this Tenancy Agreement Applies: [address] ('the Property') THE TENANT [Name: ] [Name: ] NI. No. [number ] NI. No. [number ] Where more than one person is the Tenant, the word "you" applies to each tenant and each of you individually, has all the rights and responsibilities set out in the Tenancy and each of you is responsible for the rent even if you no longer live at the Property. Start of Tenancy: Your weekly rent is payable from Monday [date ] and is payable weekly in advance on Monday of each week except for four weeks in each financial year when rent is not charged. Rent: Net rent Fixed Service Charges Variable Service Charges Support Charges Total Weekly Amount * delete as appropriate Maximum number of Occupants: BOSTON MAYFLOWER 2012

4 DEFINITIONS These notes are to assist in explaining some of the terms used in this Agreement Landlord The Property The Tenancy Boston Mayflower Limited, and it s successors The Property occupied under this Agreement including all gardens and driveways This Agreement and all its terms and conditions This is a Starter Tenancy and is a trial tenancy which gives you the same rights as an assured shorthold tenant. This means that you have fewer rights and less protection from eviction than a secure or assured tenant for at least the first 12 months. Starter Tenancy A Starter Tenancy gives the same rights as tenants on an Assured nonshorthold Tenancy for things like: Your right to get things repaired that are our responsibility Your right to pass the tenancy on in the event of your death Your right to be consulted But with a Starter Tenancy you do not have other rights (for example): The right to take in lodgers The right to improve or claim compensation for improvements The right to ask to exchange properties The right to acquire your home (i.e buy it) You will obtain these rights (and those others detailed in the Agreement) once the Tenancy converts to an Assured non-shorthold tenancy in accordance with clause 1.1 Communal Areas The Estate Neighbours Security of Tenure Net Rent Service Charge These are areas that are shared by two or more households, this includes hallways, stairwells, lifts and landings, parking and drying areas, corridors, grassed areas, paths and roads. Includes all roads, paths, walkways, public land, shops and play areas around the Property, including all adjoining roads and the boundary of the housing estate in which the Property is located. This includes everyone living in or around the Estate As long as the premises are your only or main home and you keep to the terms of this agreement you will have the right to live there without interruption or interference from us. This is the amount payable for occupation and does not include additional amounts which equate to service charges, utilities etc Boston Mayflower shall provide the services listed at Appendix A of this agreement (the "Services") for which you must pay the Service Charge. This is a charge in addition to your rent. Service Charges may be fixed or variable. The Service Charge does not include the cost of repairs which we must undertake under s.11 of the Landlord and Tenant Act 1985 for which we will not charge you. 2

5 1. ABOUT YOUR TENANCY Type of Tenancy BOSTON MAYFLOWER LIMITED ASSURED TENANCY AGREEMENT 1.1 This Tenancy is an assured weekly tenancy which is an assured shorthold tenancy and will continue to be an assured shorthold tenancy for a period of 12 months from the date of this agreement, at which time the Tenancy will automatically convert to an Assured non-shorthold tenancy unless a Notice pursuant to Section 21(1)(b) Housing Act 1988 has been served within the initial 12 month period. If a Notice pursuant to Section 21(1)(b) has been served, the Tenancy will automatically convert to an assured non-shorthold tenancy two months after the expiry of the notice period if that falls after the initial 12 month period, unless Court proceedings have already begun. If Court proceedings have already begun as referred to above, the Tenancy continues as an assured shorthold tenancy until the Court orders possession. If the Court does not make a Possession Order at the conclusion of the possession proceedings the starter tenancy converts the day after the Court either strikes out the claim or it is withdrawn. Altering The Tenancy 1.2 With the exception of any changes in Rent (including basic rent and service or any local tax or charge collectable) and service charges, or as a result of government legislation the terms of this Tenancy (including the way you pay your Rent) can be changed only with the written agreement of Boston Mayflower and you. Information 1.3 We must tell you about the way that we manage the properties we own or for which we are responsible. We must follow any guidance issued under legislation and by any governing body from time to time in place. Your Right To Occupy 1.4 We must let you occupy the Property from the date of the start of your tenancy without interference by us as long as your tenancy continues. You must give access to our employees and contractors where this agreement says so. Security Of Tenure 1.5 You have security of tenure either as an Assured Shorthold Tenant or (by virtue of the operation of Clause 1.1 of this Agreement) an Assured non-shorthold Tenancy as long as the Property is your only or principal home. Boston Mayflower can only bring the Tenancy to an end by obtaining a Court Order for possession of the Property. 3

6 Seeking Possession of the Assured Shorthold (Starter) Tenancy 1.6 Boston Mayflower can end the Assured Shorthold Tenancy by obtaining a Court Order for possession of the Property: On one of the grounds listed in Schedule 2 to the Housing Act 1988 (as listed below); or By serving upon you two month's notice requiring possession of the Premises in accordance with Section 21 Housing Act Seeking Possession of an Assured non-shorthold Tenancy 1.7 If by virtue of the operation of Clause 1.1 of this Agreement, the Tenancy ceases to be an Assured Shorthold Tenancy and becomes an Assured non-shorthold Tenancy, Boston Mayflower can end the Tenancy by obtaining a Court Order for possession of the Property on one of the grounds listed in Schedule 2 to the Housing Act Schedule 2 of the Housing Act 1988 gives the reasons (Grounds) which we can use to ask the Court to end your tenancy. The only grounds which we will use are summarised below (Please see Schedule 2 of the Housing Act 1988 for the full terms of the Grounds): Rent is owed on the Property at the time notice is given, when we go to Court and when the Court Order is made (Ground 10) or you have persistently delayed paying rent (Ground 11) You have broken one or more of the terms of the tenancy, other than one relating to the payment of rent (Ground 12) The Property or the common facilities for the Property or any furniture we have provided has been damaged or neglected (Grounds 13 and 15) You, your household or visitors have caused a nuisance or annoyance to persons living in, visiting or otherwise engaged in lawful activity in the locality of the Property, illegal activities have taken place in or around the Property or you, or a member of the household or a visitor is convicted of an arrestable offence committed in or around the Property (Ground 14) You or your partner has been forced to leave the Property because of threats or actual violence by the remaining partner (Ground 14A) We gave the tenancy to one of our employees and that employment has ended (Ground 16) We granted the tenancy as a result of false information (Ground 17) You have inherited the tenancy but you are not entitled to have it passed on to you under this agreement (Ground 7) If we have other suitable accommodation for you (Ground 9), and 4

7 a. we need to demolish the Property or carry out substantial works to it or a neighbouring property which cannot be carried out without obtaining possession (Ground 6); or b. the Property has special features which make it suitable for a disabled person who needs the accommodation and you no longer need it; or c. the Property has special facilities or services which we provide and you no longer need them; or d. the tenancy has been passed to you, but you are not the husband or wife of the tenant who has died, and the property is bigger than you need The Tenant s Handbook which we have prepared and which is varied from time to time explains more about this. Parliament can change the law, and we will try to keep the Tenants Handbook up to date. 1.9 Before applying to the Court for a Possession Order using any of the Grounds to Schedule 2 of the Housing Act 1988 Boston Mayflower must, unless the Court has agreed to dispense with the need to serve you with notice, serve notice upon you telling you the reasons it is asking the Court for a Possession Order In most cases, Boston Mayflower will give you 2 weeks notice before applying to the Court for a Possession Order. In many cases we must give 2 months' notice. However, if the proceedings involve nuisance and annoyance, illegal or immoral behaviour, a conviction for an arrestable offence or domestic violence, we may give less than a weeks' notice If you stop occupying the Property as your only or main home you will stop being an assured tenant. We can then end your tenancy by giving one month s written notice. Absences from the Property 1.12 As soon as is reasonably practicable, you must notify Boston Mayflower of any actual or anticipated absence from the Property of 28 days or longer. You should tell us in writing giving the date you intend to return to the Property and a contact address. If you do not let us know we may assume that you have stopped using it as your main and principal home and you may be deemed to have stopped being an assured tenant. This may lead us to end your tenancy by giving one month s written notice If you are going away from home, you must secure the premises. If you are leaving your house empty in the winter, you should ensure you take precautions to prevent freezing and burst pipes, including, for example, keeping the heating on very low or leaving radiator valves slightly open. You are expected to ensure you take care to ensure the security of the Property. Notices to You 1.14 We can write to you at the last address we have for you, or at the Property. We 5

8 can use the registered post, ordinary course of post or deliver our letters and Notice to the Property by hand. If we write to you in one of these ways you will be deemed to have received our letter and any accompanying documents, even if you state you have not In addition, any Notices served upon you shall be sufficiently served if served in accordance with Section 196 of the Law of Property Act 1925 which provides that a notice shall be sufficiently served if sent by registered or recorded delivery post (if the letter is not returned undelivered) to you at the Property or to your last known address, or if left addressed to you at the Property. Right to Acquire 1.16 Only if the Tenancy has ceased to be an Assured Shorthold Tenancy and has become an Assured non-shorthold Tenancy by virtue of the operation of Clause 1.1 of this Agreement may you have the right to acquire the Property. This is subject to the conditions contained within the relevant legislation. 2. YOUR RENT Paying Your Rent 2.1 You must pay your rent on time. This means the total amount specified on the front page. We tell you the time for payment on the front page of this agreement or subsequent amount notified as set out in Clause If you are having difficulty in paying rent or charges on time, you should contact us in order that we can consider our ability to assist in providing welfare benefits advice to you. Housing Benefit 2.3 If you are entitled to Housing Benefit or any Welfare Benefit or Universal Credit ('Benefits') that provides assistance for your housing costs and this is paid directly to us, you must tell us straight away if there are any changes in your or your household's circumstances that may affect your entitlement. What the Rent Includes 2.4 Rent refers to the total weekly payment set out above. Unless otherwise stated, it does not include any water charges, electricity or gas charges or anything you have to pay to the local Council. If we have to pay something like this for you, you must pay us back as soon as we write and ask you to do so. Changing the Rent 2.5 Your Rent will be reviewed once a year, after 1 st April. Boston Mayflower will give you at least 4 weeks' written notice of any increase or decrease in the Rent. The reviewed Rent will be set out in the notice and will become payable on the date set out in the notice. When reviewing the Rent Boston Mayflower will have regard, amongst other things, to: Boston Mayflower's rent policy as amended from time to time; Boston Mayflower's Rules; 6

9 the need to set aside enough money into a sinking fund for future repairs and maintenance of Boston Mayflower's dwellings; the financial needs (both present and reasonably anticipated) of Boston Mayflower and specifically its ability to pay debts as they fall due; the annual percentage increase in the Retail Prices Index; the period of time that has passed since the last Rent review; the cost of similar accommodation and services elsewhere; and Boston Mayflower's financial commitments. Any guidance or directions issued by our regulators In the unlikely event that you can show that your rent is higher than the Rent Assessment Committee would set, we will reduce your basic rent to that figure. The Service Charge 2.6 The Payment of Service Charge is a charge in addition to your rent, but shall be payable by you without deduction at the same time and in the same manner as if it were rent. 2.7 The Service charge will be a fair proportion of the costs incurred or likely to be incurred in the provision of services each year. The schedule of services at the end of this agreement says whether your service charge is variable or fixed or a combination of the two in respect of the charges set out within the schedule. 2.8 We reserve the right to vary or withhold the provision of services at any time during this tenancy, where it is reasonable to do so. This may include adding and charging for new services or stopping, changing or varying existing services. We will notify you of the proposed variations and ask for your comments, which will be considered before making any changes. We will then give you written notice of the changes to be made. If new services are introduced or existing services are stopped, changed or varied, we may also change your service charge (whether it is fixed or variable). 2.9 Unless otherwise set out in the schedule of service at the end of this agreement, you will pay a fixed amount (that we decide) for the services that we provide. We can change your service charge from a fixed service charge to a variable service charge or from a variable service charge to a fixed service charge, or to or from a combination of fixed and variable charges by giving you four weeks notice in writing If a variable service charge is charged in respect of all or some of the services, the variable element will be based on our reasonable costs over the previous year or our estimated costs for the coming year for providing the services subject to the variable charge and will be a fair proportion of those reasonable costs. Any difference in actual cost will be taken into account in the next year. Any amounts that you have paid over or below the actual cost during any year will be taken into account in determining the new service charge. Changing the Service Charge 2.11 The service charge accounting year (Service Charge Period) will be the twelve months to 31 st March each year. The Service Charge Period may be changed by us writing to you at least four weeks before the start of a Service Charge Period. 7

10 2.12 Service Charges will be reviewed once a year, after 1 st April. Boston Mayflower must give you at least four weeks' notice in writing of any change in the Service Charge (whether fixed or variable). The changed Service Charge must be set out in the notice and shall become payable on the date set out in the notice If a variable service charge is charged in respect of all or some of the service, we can change the amount of the variable element by giving you four weeks notice in writing. The variable element of the service charge can be changed once in every 12 month period to reflect the costs incurred or likely to be incurred providing the services to the homes (including your home) that receive the services. The variable element can be increased during the first 12 months of your tenancy. It will be changed if you have paid more or less than the cost of the services provided or to be provided or if it appears to Boston Mayflower that the amount that you have paid by way of service charge is or will be insufficient or too much to cover the actual cost for the service charge period. The amount that you have paid over or below this cost will be taken into account when determining the new service charge We can establish a sinking fund for any large cost that is expected to be paid through the service charge in the foreseeable future and include contributions to it in your service charge LANDLORD'S RESPONSIBILITIES 3. REPAIRS, MAINTENANCE AND IMPROVEMENT The Structure and Outside 3.1 We must ensure the outside and the structure of the Property are kept in repair. This includes, but is not limited to: drains, gutters and external pipes; the roof; outside walls, outside doors, window-sills, window catches, sash cords and window frames including necessary outside painting and decorating; internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration; chimneys, chimney stacks and flues but not including sweeping; pathways, steps or other means of access; plasterwork; integral garages and stores; boundary walls and front fences (other than those erected by you). 3.2 We must make good any damage to the inside of the Property, including decoration, arising out of the actions or omissions of our employees, agents or contractors. Installations 3.3 We shall make sure that all fixtures, fittings and installations provided by us for space heating, water heating and sanitation and for the supply of water, gas and electricity are kept in repair and in proper working order, unless wilfully damaged or neglected by the Tenant, their household or visitors. 8

11 Gas Safety This includes: basins, sinks, baths, toilets, flushing systems and waste pipes; electric wiring including sockets and switches, gas pipes and water pipes; water heaters, fireplaces, fitted fires and central heating installations. 3.4 We must carry out regular, annual inspections of gas appliances and flues we have installed. Common Parts 3.5 We must take reasonable care to keep the common entrances, halls, stairways, lifts, passageways, rubbish chutes and any other common parts, including their cleaning in accordance with our schedules, and electric lighting in reasonable repair and fit for use by you and other occupiers and visitors to the Property. A charge will be made for some of these services (see Appendix A). 4. Community Responsibilities Boston Mayflower has an Anti-Social Behaviour Policy in place which is available to all tenants on request. TENANT'S RESPONSIBILITIES 5. REPAIRS, MAINTENANCE AND IMPROVEMENT Looking After the Property 5.1 You must keep the inside of the Property in good condition. You must also keep it clean and you must keep the Property in a good state of decoration. This includes, but is not limited to, small repairs such as clearing drains and waste pipes if you have used them to dispose of unsuitable matter, replacing broken windows and other glass (broken by you, your family or visitors), replacing/repairing broken locks, replacing fuses, replacing lost keys. 5.2 At all times you should ensure to take precautions to prevent freezing and burst pipes, including, for example, keeping the heating very low or leaving radiator valves slightly open. Insurance 5.3 You are responsible for arranging adequate contents insurance to insure your own possessions against loss or damage. Allowing Our Staff and Contractors into the Property 5.4 You must allow our contractors and employees to come into the Property at any reasonable time to inspect the condition of the Property, to carry out safety checks and/or servicing of gas or other appliances or to carry out repairs, improvements or alterations to the Property or an adjoining property or to the rest of the building. 5.5 We will normally provide you with a minimum of 24 hours notice in advance but we 9

12 may need immediate access in an emergency. In these circumstances we may need to force entry to carry out a repair. If we do this we will re-secure the Property immediately and make good any damage within 3 working days. 5.6 Failure to allow access to our contractors to carry out required works on notice in accordance with this clause may result in legal action being taken to gain access. If this is necessary, we reserve the right to claim our costs of this action from you, including but not limited to, any legal costs and contractors fees. 5.7 During the last month of the Tenancy, following service of a notice to quit provided by you or in the event of proposed mutual exchange or transfer, you must permit the Landlord access to show prospective tenants round the Property during reasonable hours in the daytime and on a minimum of 48 hours notice. External Inspections 5.8 Where members of Boston Mayflower staff or contractors carry out Estate Visits or attend at the Property (for whatever reason), they are entitled to make an evaluation of the condition of the exterior of the Property, including the garden and any driveway. Such inspection can be carried out by access through any open gate or by the use of any public or private footpath and any such inspection shall be notified to you immediately afterwards. Improvements and Alterations The clauses below apply only if by virtue of the operation of clause 1.1 of this Agreement, the Tenancy ceases to be an Assured Shorthold Tenancy and becomes an Assured non-shorthold Tenancy: 5.9 If you want to improve, change, alter or add to the Property, or anything which is our responsibility (see 3.1 to 3.5 above) you must obtain Boston Mayflower's permission in writing. This includes, but is not limited to, putting up TV aerials or satellite dishes and similar items, fitting solid wood or laminate flooring, external decoration and changing or adding to our fixtures and fittings or anything we have installed. You may also need to ask the local Council for permission as well, e.g. planning consents and/or building regulations and all such consents or permissions must be provided to Boston Mayflower before any such improvements, changes, alterations or addition are made and before Boston Mayflower will consider granting permission We do not have to grant you permission to carry out Improvements or Alterations but we will not withhold that permission unreasonably. If we do give permission we may impose certain conditions, for example, that you use the materials and methods that we require. In addition, you must carry out the works to a good standard and allow Boston Mayflower to inspect the Property upon completion of any works. If you do not do the works in accordance with any conditions set or, in particular, to an acceptable manner and to a good standard as required by Boston Mayflower, then we will make you pay for the cost of doing the work again properly. Previous Tenant Improvements & Alterations 5.11 You agree to take responsibility for those items set out in the attached Appendix B which are additions or alterations made by the previous tenant and which do not form part of Boston Mayflower's repairing obligations. 10

13 Right to Compensation This clause applies only if by virtue of the operation of clause 1.1 of this Agreement, the Tenancy ceases to be an Assured Shorthold Tenancy and becomes an Assured non-shorthold Tenancy: 5.12 You may be entitled to claim compensation under Boston Mayflower's policy on compensation for qualifying improvements (as amended from time to time) for certain improvements made with Boston Mayflower's written consent. You may also be entitled to compensation if we do not do certain repairs on time. Any compensation for qualifying improvements is payable at the end of the Tenancy and Boston Mayflower shall be entitled to off set any compensation payable to you against any monies owed to us by you. This guidance is subject to change and is explained in the Tenants Handbook. Gas & Electrical Safety Subject to the granting of any required permissions and only if by virtue of the operation of clause 1.1 of this Agreement, the Tenancy ceases to be an Assured Shorthold Tenancy and becomes an Assured non-shorthold Tenancy: 5.13 If you install your own gas cooker or heater or any other gas appliance, it must be done by a qualified gas engineer or fitter who must be registered on the Gas Safe Register or such other Register as may, from time to time, be required by legislation. Gas Safety Certificates must be provided to Boston Mayflower upon completion of any gas works. You must also make sure that they check the appliance if it is a second-hand one You must not install any open flue or gas appliance in any of the bedrooms or any room which may be required for sleeping Any individual carrying out works involving electrical works must hold the necessary Registration with a professional electrical body, for example NICEIC or NAPIT. Electrical Safety Certificates must be provided to Boston Mayflower upon completion of any gas or electrical works. Damage 5.16 You are responsible for any damage caused by any contractor you employ to carry out any improvements or alterations to the Property You are responsible for any damage caused by you, any person (including children and lodgers) and animals living at or visiting the Property This means damage to the Property, any of our fixtures and fittings and anything installed by us in the Property, and any building, equipment, fittings and fixtures, or anything installed by us on the estate. This means damage caused by neglect, wilful acts or omissions and does not mean fair wear and tear You shall be liable to pay any costs incurred by Boston Mayflower in carrying out any works to put right any damage caused by you, your household or visitors or, if appropriate, replacing what has been damaged. Reporting Your Rights 11

14 5.20 You must tell us at once of anything that we are responsible for that needs to be repaired, replaced or put right You have the same right to repair as if section 96 of the Housing Act 1985 (as amended) and the Regulations made under it applied to this tenancy. This right is explained in the Tenants Handbook. 6. COMMUNITY RESPONSIBILITIES 6.1 Everyone has the right to enjoy their life in their own way providing they do not annoy or disturb people living near them or break the law. A good neighbour will tolerate and understand the lifestyles of others. 6.2 We want you to live in a peaceful neighbourhood free from anti-social behaviour. We expect you to look after your property and to treat your neighbours as you would like to be treated. 6.3 We expect most people to solve their own problems with their neighbours. If this is not possible, in the circumstances of the case, we will assist you in resolving these problems in the most appropriate way. Your Household and Visitors 6.4 You are responsible for the behaviour of every person (including children and lodgers) and any animal, living in or visiting the Property. You are responsible for them in the Property, on surrounding land, in communal areas (such as stairs, lifts, landings, entrance halls, communal gardens, parking areas) and in the locality around the Property. This means, in particular, that you must prevent them doing any of the following things listed in Section 6. When we say you in these clauses it includes all the people you are responsible for including members of the household and visitors. Nuisance 6.5 You must not use or threaten to use menacing, abusive or violent behaviour nor cause a nuisance, annoyance or disturbance towards anyone living in, visiting or engaging in a lawful activity in the locality of the Property. 6.6 Examples of behaviour which may cause a nuisance or disturbance include but are not limited to: loud music, radios or television; arguing and door slamming; dog barking and fouling; operation of noisy machinery; offensive drunkenness; selling illegal substances or substance abuse; rubbish dumping; obstructing communal areas; dismantling and repairing motor vehicles; playing ball games close to someone else s home or where games are not permitted. fireworks and bonfires 12

15 Harassment 6.7 You must not commit or threaten any form of harassment on the ground of race, colour, religion, sex, disability or sexual orientation which may, or is likely to, interfere with the peace and comfort, or cause offence to anyone living in, visiting or engaging in a lawful activity in the locality of the Property. 6.8 Examples of harassment include but are not limited to: racist behaviour or language; homophobic behaviour or language; using or threatening to use violence; using abusive or insulting words or behaviour; damaging or threatening to damage another person s home or possessions; writing threatening or abusive graffiti; stalking someone; publishing or broadcasting of photographic, digital or video images intended to embarrass or humiliate other person(s) Illegal Activity, Arrests & Convictions 6.9 We can ask a court for possession of the Property if you - or anyone living with you or visiting you - are convicted of using the premises or allowing them to be used for immoral or illegal purposes or, if you, your household or visitors commit an arrestable offence in or at the premises or in the locality of the premises Examples of such activities include, but are not limited to: bringing in, storing or selling illegal drugs; allowing the Property to be used to take drugs; storing or distributing racist material or pornography; storing or selling stolen goods; burglary; theft from cars; joy riding; assault; harassment, stalking or any type of activity classified as 'hate crime'; Domestic Violence 6.11 You must not inflict or threaten violence or harass or use mental, emotional, physical or sexual abuse against anyone who lives with or visits you. Damage to the Property 6.12 You must not interfere with security or safety equipment in communal areas and entrances to the estate or block where the Property is located You must not damage, deface or put graffiti on any part of the Property or the estate or block where the Property is located, or anything belonging to Boston Mayflower, or the local Council, or any adjoining owner, or anyone else. If you do 13

16 so, Boston Mayflower will require you to pay the cost of repair and cleaning and correcting the damage caused. Local Agreements 6.14 You must comply with any local regulations or agreements applying to the estate or block where the Property is located. We can make local regulations or agreements after consultation with local tenant representatives and we can change them from time to time, also after consultation. A copy will be supplied to every tenant affected. Animals & Pets 6.15 For full details in relation to keeping a Pet, please ask for a copy of Boston Mayflower's Pet Policy Basic provisions for the keeping of pets include, but are not limited to: Obtaining written permission if you wish to keep a pet in sheltered accommodation or in a flat. Permission will not be given if we think that the Property is unsuitable for keeping a particular pet or if we consider the animal is unsuitable. In the first instance, permission should be sought from your Area Housing Office Exercising such consideration to ensure that the choice of pet or pets is suitable for keeping at the Property Keep under control any animal or pet kept in or visiting the Property. Any pet for which permission is granted and any animal which visits the Property must not, by their number, noise or behaviour annoy, frighten or cause nuisance to other people, or be likely to do so You, your family, or anyone living with you or visiting your home must not keep bloodstock or livestock such as chickens, ducks, geese, or goats at or in the Property without our permission or keep any unsuitable or dangerous animals You must not behave in a way which will encourage vermin such as rats and pigeons at the Property or on the estate. Vehicles & Parking 6.18 You must not carry out repairs, other than emergency repairs to any vehicles on any part of the estate You must not park any vehicle including skips, boats, caravans, trailers and heavy goods vehicles on any communal hardstanding, parking bay or forecourt or on any other part of the estate or block where the Property is (including the garden of the Property) except in a garage or other place approved by Boston Mayflower. You must not park anywhere that would obstruct emergency services You must not park an illegal or unroadworthy vehicle on the land around the Property or on the road or on any communal hardstanding, parking bay or forecourt or anywhere else on the estate. 14

17 6.21 You must not park any trade vehicle or commercial vehicle of greater than three and a half ton gross weight on any communal hardstanding, parking bay or forecourt or in the driveway or garden of the Property or anywhere else on the estate, unless you have Boston Mayflower's written permission In the event that you breach Clauses this may result in us removing and disposing of the vehicle(s). If we have to remove the vehicle(s), we shall give you at least 24 hours notice and will charge you for the cost of removal, disposal and storage as additional rent. Communal Areas 6.23 You must not keep or leave rubbish, dangerous materials or any other belongings in any of the communal areas such as stairs, lifts, landings entrance halls, communal gardens, drying areas and parking areas You must not bring any motorbike, moped or other vehicle designed for use outside the home (e.g. mobility scooter) into the Property or communal hallway. You must not let anything block or obstruct communal areas around the Property, for instance stairs, landings, entrance halls, pathways and entrance halls You must not throw anything from the balconies or windows of either the Property or communal areas; 6.26 You must not let anyone who you do not know into the building, if in a block of flats, or jam open any communal or fire safety doors; 6.27 You must not interfere or tamper with or alter the electrical or gas systems, installations or meters in or serving the Property; 6.28 You must put all refuse in appropriate bags and dispose of the same in the chutes, containers or communal bins provided for this purpose. Garages, sheds and other constructions 6.29 You must not put up structures such as sheds, garages or pigeon lofts anywhere on the Property or in your garden, without Boston Mayflower's written permission, and that of the local authority where planning consent is necessary. Aerials, satellite dishes and similar items 6.30 You or any members of your household or any visitors to the Property must not put up a radio or television aerial, satellite dish or similar item at the Property without Boston Mayflower's written permission, such permission not to be unreasonably withheld. Garden 6.31 If you have a garden you must maintain it to a reasonable standard and ensure that it does not cause a nuisance to your neighbours. If you fail to do so we reserve the right to clear it and make you pay for the work. You may not plant or remove trees or large shrubs without our prior written consent You must not store any rubbish, furniture, appliances, scrap metal or vehicle parts (including tyres) in the garden or external areas of the Property 15

18 7. USING THE PROPERTY Living In The Property 7.1 You must use the property from the date of the start of the tenancy to live in as your only or main home, and you cannot sublet the whole of the Property. 7.2 You must not allow more people to live in the Property than is stated by the Tenancy or as is allowed under legislation. Lodgers And Subletting This clause applies only if by virtue of the operation of clause 1.1 of this Agreement, the Tenancy ceases to be an Assured Shorthold Tenancy and becomes an Assured non-shorthold Tenancy: 7.3 You have a right to take in lodgers or sub-tenants, but only if you have Boston Mayflower's written consent which will not be unreasonably withheld. If you wish to take in a lodger or sub-let any part of the Property you must write and inform us of the name, age and sex of the intended lodger or sub-tenant, the accommodation they will occupy and the amount they are being charged. You must not create an assured tenancy in favour of a lodger or sub-tenant of any part of the Property and you cannot take in lodgers or sub-tenants if this will cause the Property to be overcrowded. Running a Business 7.4 You must not run a business from the Property without Boston Mayflower's agreement in writing. We would not normally refuse permission unless the business would become the main use of the Property, or cause a nuisance, or cause damage, or a breach of planning legislation. Dangerous Material & Weapons 7.5 You must not keep or use paraffin, petrol or any other dangerous material in or around the Property which may invalidate Boston Mayflower's insurance against fire or other risks. 7.6 You must not keep any weapons at the Property, including but not limited to, firearms of any description (whether registered or not), knives (other than domestic kitchen or DIY knives), swords and machetes. 7.7 In the event that the police have granted a relevant firearms licence, you may seek permission to keep such a weapon if appropriately stored, but Boston Mayflower reserve the right to refuse permission 8. MOVING AND LEAVING AND RIGHTS OF SUCCESSION Right to Assign and Mutual Exchange This clause applies only if by virtue of the operation of clause 1.1 of this Agreement, the Tenancy ceases to be an Assured Shorthold Tenancy and becomes an Assured non-shorthold Tenancy: 16

19 8.1 You can only give the Tenancy to somebody else in the following circumstances: under your right to mutual exchange by order of the court in family proceedings; with Boston Mayflower's consent. Apart from these rights, you must not assign (transfer) the Tenancy to anyone else or grant an assured sub-tenancy to any part of the Property. If you do, the assured tenancy will end and Boston Mayflower will repossess the Property. 8.2 You have a right to exchange the Property with most tenants of a local authority, development corporation, housing action trust or registered social landlord. You must have the written permission of both landlords before you can exchange. In a few circumstances we will apply conditions to our consent or even refuse consent to exchange. Vacating the Property 8.3 You must give Boston Mayflower at least four weeks written notice before you wish to move out of the Property. This period must end on a Monday or the day before your rent is due. If you do not give us this notice we are entitled to assume that, by vacating the Property, you have brought the Tenancy to an end. In these circumstances we may take possession of the Property. 8.4 When you move out you must return the keys of the Property and any door fobs back to us, failure to do so will allow us to charge for replacements. You must not leave anyone else living in the Property when you vacate. You must take away all your furniture, personal possessions and rubbish. Boston Mayflower does not accept responsibility for anything left behind. 8.5 If you do not remove all of your belongings and personal possessions at the end of the tenancy and having made all reasonable attempts to locate you to collect anything remaining in the Property, we reserve the right to dispose of them or sell them and take our costs from the proceeds, pursuant to the Torts (Interference with Goods) Act We will account for any deductions we make. If you are in arrears of rent the money will immediately be used to reduce those arrears from any deductions we make. If you do not collect the proceeds within 6 weeks of our notifying you, or and we have made reasonable attempts to find you, we can use the proceeds in the furtherance of our objectives. 8.6 You must leave the Property, our fixtures and fittings and anything we have installed in the Property in good condition, good decorative order and clean and tidy but you will not be required to pay for normal wear and tear. Boston Mayflower reserves the right to claim the costs of putting right any damage or breakages and of cleaning and/or clearing the Property. Succession 8.7 As an assured tenant, rights of succession are granted. This means that if you die and you are the sole tenant, and you were not a successor to the tenancy, the tenancy shall transfer to your husband or wife or civil partner under the provisions in the Housing Act 1988 as long as he/she lives in the Property with you as his or her only or principal home at the time of your death. 8.8 You are a successor if: 17

20 8.8.1 You became a tenant on the death of a previous tenant; or You inherited the tenancy; or You were assigned the tenancy, having been someone who would have been entitled to have the tenancy passed to; or You became a tenant when one of two or more joint tenants died; or You became a tenant by succeeding 'to a statutory tenancy or protected occupancy; or You previously had a tenancy of the Property; or mostly the same property, and obtained that tenancy by succession and have since then been a tenant of the Property. 8.9 If you are a joint tenant then upon death, the tenancy will automatically pass to the other tenant(s) and they will succeed by survivorship In addition, if you are a sole tenant and you have not already succeeded to the tenancy of the Property, the tenancy may be passed to a member of your family who has lived with you for at least a year prior to your death. Alternatively, at Boston Mayflower's discretion, that person may be granted a tenancy of an alternative property. A member of your family includes parents, grandparents, children, grandchildren, brothers, sister, uncles, aunts, nephews and nieces, including relationships by marriage and half-blood step children If you have a live-in carer, then we may grant a tenancy to that person if no one else has a prior claim to succeed to the tenancy and they have been living with you for the twelve months before your death or they have accepted responsibility for your dependants. This tenancy may be in the same home or in suitable alternative accommodation. We may seek possession if, six months after the death of the tenant, there has been no grant of probate or letters of administration (these give someone the right to sort out a dead person's affairs) Where more than one person qualifies to succeed to the tenancy then the tenant s spouse will be preferred to any other member of the family. Otherwise, the members of the tenant s family should agree between them which of them should succeed to the tenancy. If they cannot agree, we will decide to whom the tenancy should pass and such decision shall be final All claims to succeed to the tenancy should be made to us within one month of the death of the tenant. We will notify all claimants of the name of the person to whom the tenancy has passed On your death (where there is no successor and no one entitled to a tenancy) the tenancy shall automatically end and Boston Mayflower shall serve notice to quit and be entitled to enter and regain possession of the Property. If your relatives or friends have keys to the Property, these must be returned to Boston Mayflower immediately The rights of succession are governed by legislation and other guidance which is subject to change. We explain them in more detail in the Tenants Handbook which we try to keep up to date. 9. YOUR RIGHTS TO INFORMATION & CONSULTATION 9.1 We will support and assist the development of Residents Groups and consult widely with them, and with you, in our management of the Property and the estate. 18

21 9.2 We must comply with any guidance issued under legislation about consulting you. 9.3 When these conditions were issued, this guidance said that we must consult you before making changes in matters of housing management or maintenance where they are likely to matter to you. 9.4 It also says that you have a right to information from us about the conditions of this tenancy, our repairing obligations and our policies and procedures on tenant consultation, housing allocations and transfers. We will publish an annual summary of our performance on a range of issues including rents, rent collection, lettings and repairs. This and other information is explained in the Tenants Handbook which we try to keep up to date. 9.5 You have the right to inspect your tenancy file at our offices in normal working hours. You will need to give us at least 24 hours notice so that all your papers can be brought together. 10. COMPLAINTS PROCEDURE 10.1 If you think we have not done something that we have agreed to do in this agreement, you can make a complaint to us. Further details are in the Tenants' Handbook and a full copy of the procedure is available from our offices If you are not satisfied with how we deal with your complaint you can refer the matter to the Housing Ombudsman. Upon request, will explain how to complain and provide details of how to go to the independent Housing Ombudsman. You can also get advice from a Citizens Advice Bureau, housing advice centre, law centre or solicitor. The information I/we gave in the housing application was and still is true, and understand Boston Mayflower will seek possession of the property if misleading or false information has been given. Boston Mayflower would advise that you are happy you have read and understood this agreement before signing. You are entitled to seek independent legal advice on the contents of this tenancy agreement before signing. The Tenant PRINT NAME The Tenant PRINT NAME On behalf of the Landlord PRINT NAME DATE: 19

22 APPENDIX A SCHEDULE OF SERVICES Type of Services Charge - Fixed Charge Type Amount Scooter Charge Off Road Parking Total Fixed Service Charges Type of Services Charge - Variable Type Amount Greenspace Estate Caretaker Block Caretaker Block Utilities Communal Services Personal Heating Charge Personal Water Charge Total Variable Service Charges BOSTON MAYFLOWER 2012

23 NON STANDARD ITEMS A I/We agree to accept full responsibility for the items listed below. I/We understand that these will not be replaced or repaired by Boston Mayflower. If I/we remove any of these items at a later date Boston Mayflower will not be responsible for making good the property. E.g. carpets, shelving, cupboards, furniture, or other items that the incoming tenant has agreed with the exiting tenant or LO at the accompanied viewing. NB this will not include any electrical fixtures or fittings B I/We agree that the items listed below will remain at the property. I/We understand that these will not be repaired or replaced by Boston Mayflower. When necessary the item will be removed by Boston Mayflower and the property made good. E.g. Fencing, sheds, artex, ceiling tiles C I/We agree that the items listed below will not be repaired by Boston Mayflower. When required they will be removed and replaced with standard fittings. E.g. Non standard kitchens, bathroom fittings, tiles OUTSTANDING REPAIRS AND MAINTENANCE I/We agree to the repairs and planned maintenance detailed below to be carried out after the commencement of the tenancy. I/We will provide access to the property at an agreed time for the works to be completed. Job Description Completion date POLYSTYRENE TILES, POLYSTYRENE COVING AND ARTEXED WALLS I/We understand that I/we am/are not to fix polystyrene tiles, polystyrene coving or artex walls and will be recharged for the cost of their removal and making good to the property. TENANTS AGREEMENT TO CONDITIONS: SIGNED: DATE:.. SIGNED: DATE:.. OFFICER. DATE:. BOSTON MAYFLOWER 2012