Clúid Housing Tenancy Agreement

Transcription

1 0 Clúid Housing Tenancy Agreement

2

3 Your Residential Tenancy Agreement

4 Contents A Definitions... 2 B Main terms of this agreement... 5 C Signatures... 6 D Your responsibilities... 7 E Our responsibilities F Ending your tenancy G General information Attachments About this agreement This agreement sets out the conditions of your tenancy. You should read it carefully as you are agreeing to all the conditions in the agreement. 1

5 A Definitions We need to use some legal terms in this tenancy agreement. We explain these terms below. Term Anti-social behaviour Meaning Behaviour likely to cause fear, danger, injury or loss to someone. Examples include violence, intimidation, coercion, harassment, threats or behaviour that causes damage to the building. CAS rent A fixed rent for a property which was bought or built under the Capital Assistance Scheme. Contents These are all the belongings that you or other household members have in the premises. This includes furniture or other personal possessions. Differential rent This is a rent which is based on your household s income and is reviewed every year. Estate All the other houses or apartments in your housing development. Fixtures and fittings Fixtures are any items that make up part of the land or building. This includes sinks, boilers, radiators or kitchen units. Joint and several liability Fittings are any items that are provided at the start of the tenancy that are independent of the land or building. This includes curtains, ovens or carpets. This means that joint tenants are both responsible for complying with all the terms of the tenancy agreement. Landlord, we, us This means Clúid Housing Association or the person or organisation which owns the premises. Members of your household Everyone who normally lives with you and is listed in Part B of this agreement. Neighbour Someone who works or lives near the premises. Our permission If the agreement states that you need our permission to do something, you must ask us in writing to give our approval 2

6 Term Premises Meaning before you take any action. This is to avoid misunderstandings later. This is the property you are renting. The address is written in Part B of this agreement. It includes parts of the house or apartment, gardens, paths, fences, boundaries or other outbuildings or parking spaces that belong to us and form part of the tenancy. When the property is part of a larger building, it includes the right to use the shared access and shared facilities. Probationary period This is the first six months of your tenancy. During this time we can end this agreement by giving you 28 days notice in writing. Rent This is the amount that we charge you for living in our property. Rent Book Regulations These are a legal requirement that make sure that we give you proper information about your rent payments. The official name is: The Housing (Rent Books) Regulations 1993 as amended by the Housing (Rent Books) (Amendment) Regulations 2010 which were made under the Housing (Miscellaneous Provisions) Act Residential Tenancies Act This means the Residential Tenancies Acts and any amendments, re-enactments, regulations or orders made or issued under the acts. The acts set out how tenancies are regulated, including the rights and obligations of both tenant and landlord. Service charge This is the amount that we may charge you in addition to your rent towards the cost of maintaining and providing services to shared areas. Shared areas Common areas of the estate (other than the premises) which you and the members of your household can use. Tenant, you, your This includes anyone who is entitled to live in the premises under the terms of the tenancy. If this is a joint tenancy, you are all responsible for complying with the terms of this agreement. This is known as joint and several liability (see above). 3

7 Term Utilities Meaning This includes, but is not limited to, electricity, gas, heating, water, cable television, phone and any ISDN line or other connection (for example, broadband). 4

8 B Main terms of this agreement The premises: Car park space (if this applies) Landlord s name: Clúid Housing Association Landlord s registered office: Sheriff Street Upper, Dublin 1 Landlord s contact number: (01) Tenant(s) name(s) Tenant(s) contact numbers: Tenant(s) date of birth: Tenant(s) PPS number(s): Tenant(s) next of kin name: Permitted occupants: (people who may live in the premises) Name Date of birth Relationship to tenant Tenancy start date: Rent: 5

9 C Signatures We will print two copies of this agreement. You and a Clúid staff member will sign both copies. One copy is for you to keep and one for us. Important By signing this agreement, you agree that you have read and accept all the conditions of your tenancy. Part B sets out the main terms of your tenancy agreement. Parts D and E set out your and our responsibilities under this agreement. By law, you must keep to the terms in this tenancy agreement once you and a Clúíd staff member have signed and dated both copies of the agreement. Our signature: Signed on behalf of the landlord For and on behalf of Clúid Housing Association Your signature: Signed by the tenant(s) 6

10 D Your responsibilities You agree to do the following: 1 Comply with your tenancy obligations 1.1 You agree to comply with all the conditions in this tenancy agreement and any tenant obligations imposed by law. If you do not comply with any of these obligations, we may decide to end your tenancy (see Part F). 2 Pay rent and service charge (if any) 2.1 You agree to pay the rent and service charge (if any) as set out in Part B on the day that they are due. 2.2 If you have a differential rent, every year during your tenancy you must tell us about the income of every member of your household and give us suitable evidence of this income. This will help us to make sure that your rent is fair and calculated correctly. 2.3 You must tell us immediately about any changes in the personal circumstances of your household which would affect your income. This will help us to make sure that your rent is fair and calculated correctly. 3 Only allow permitted occupants to live in the premises 3.1 Only the people listed in Part B of this tenancy agreement are allowed to live in the premises. You must not allow anyone else to move into the premises without first getting our permission. We will be reasonable when dealing with such requests. 4 Not to transfer or sublet 4.1 You must not transfer or sublet all or part of the premises to anybody else. 5 Use the premises as agreed 5.1 You must live in the premises as your main home. 5.2 You must only use the premises as your household s home. 5.3 You must not use the premises or the building for any trade or business. 5.4 You must not use the premises or the building for anything illegal or immoral. 6 Not leave the premises empty 6.1 You must not leave the premises empty for more than 14 days in a row without telling us first. 7

11 6.2 You must not leave the premises empty for more than 28 days in a row without getting our permission. 6.3 You must tell us if anyone stays in your home to look after it while you are away. 7 Organise insurance for personal belongings and valuables 7.1 You are responsible for insuring your personal belongings and valuables. 7.2 If somebody makes a claim against you for damage to their property or personal injury, we will not cover this. You should arrange insurance for these risks yourself. 7.3 You must not do anything, or fail to do anything, that might cause our insurance policy for any of our premises to become invalid, or significantly increase our premium payments. 8 Take care of the premises 8.1 You must keep the inside of your home and all fixtures and fittings in good and clean condition. This does not include reasonable wear and tear. You must not allow any rubbish to build up in the premises. 9 Report faults 9.1 You must tell us as soon as possible about any repairs or faults that we are responsible for. If there are costs to us because you do not tell us about a repair or fault, you may have to pay these costs. 10 Allow us access to your home 10.1 We will give you reasonable notice when we need access to your home (except in an emergency). You must allow our employees and contractors into your home to: a) inspect the condition of the premises; b) service appliances such as boilers and fire alarms; c) carry out works to the premises or to buildings and shared areas nearby; d) show the premises to possible new tenants if you have given notice that you are leaving; e) carry out any other reasonable activity; and f) carry out our legal responsibilities as the landlord After an inspection, if we tell you that you are responsible for a repair or have neglected your home or garden, you must carry out any work or maintenance within a reasonable time. If you do not, we may enter the premises and carry out the work for you. We will then charge you the cost of this work. 8

12 11 Not damage the premises 11.1 You must not damage the premises or the estate. You must tell us about any damage so that we can organise repairs. You may be charged for any damage above reasonable wear and tear. 12 Not damage installations 12.1 You must not remove, change or damage the installations, fixtures and fittings without our permission. This includes: a) electrics/wiring b) lighting c) hot water d) heating installations e) kitchen units f) bathroom fittings 13 Not change the premises 13.1 You may decorate the inside of your home to a good standard. However, you must not change the structure, the inside or the outside of the premises in any way or put up any fixture (including fences) without first getting our permission. We will be reasonable when dealing with such requests If you make any changes to the premises without our permission, you must return the premises to their original condition if we ask you to. You must also pay the costs of any work that we may have to do in relation to this. 14 Transfer and pay gas, water, electricity and phone charges ( Utilities ) 14.1 You must register in your name with gas, electricity, water and phone companies and pay all charges for these services for the term of the tenancy. You must not do anything or fail to do anything which would lead to any of the utilities being disconnected When your tenancy ends, you must arrange for the utility companies to take final meter readings and you must pay all outstanding bills. You must not ask the companies to cut the supply off. 15 Keep drains clean 15.1 You are responsible for unblocking and keeping all drains, toilet bowls, cisterns, basins, baths, showers, water pipes and ducts free from blockages. 16 Not store flammable material 16.1 You must not keep any petrol cans or other materials that could catch fire or explode in the premises or on the estate. 9

13 17 Replace broken glass 17.1 As soon as possible, you must replace and pay for all broken glass. 18 Replace light bulbs 18.1 You must replace all fuses, bulbs and fluorescent tubes when needed. 19 Not overload electrical circuits 19.1 You must not overload the electrical circuits and use only safe adaptors and extension cables for electrical appliances. 20 Check smoke and carbon monoxide alarms 20.1 You must regularly test any smoke or carbon monoxide alarms fitted in the premises and replace any battery that is not working. You must tell us immediately if there are any faults or problems with the fire and smoke alarms or firefighting equipment. 21 Prevent condensation 21.1 You must take reasonable care to heat and ventilate the premises to help prevent condensation. (This is where water droplets appear on surfaces due to a combination of moist air and cold surfaces). If there is condensation, you must wipe it down and clean the surfaces when necessary. This is to prevent mould building up or damage to the premises and its fixtures and fittings. 22 Remove rubbish 22.1 You must remove all rubbish from the premises by putting it in secure bin bags. You must not store rubbish in the premises, on the balcony, outside the front door, in the shared areas or in any part of the estate You must have a contract to have your waste collected by an approved collector. Any waste that cannot be collected must be disposed of at an approved waste facility. If you live in an apartment block or shared housing scheme, you must use the bins provided for communal waste collection. You must pay any rubbish collection or waste management charges which apply to your home, or any other waste charges which may be introduced in the future. 23 Take steps to avoid infestations 23.1 You must take reasonable measures to keep your home free of vermin such as rats, fleas or parasites. If the premises become infested because of something you have or have not done, you will have to pay the costs of putting this right and cleaning any parts of the premises which are affected

14 25 Park appropriately 25.1 If you have space to park a car outside your home or if you rent a specific car parking space as part of this tenancy, you must only park your car in that space. You must not keep or park any boat, caravan or commercial vehicle on it or in any shared car park. We may remove any vehicles which break this condition. 26 Maintain your garden 26.1 If you have a garden, you must keep it clean and tidy and cut the grass regularly. You must not dig up or cut down any trees, shrubs or bushes unless you have our permission. You must also keep the patio areas (if you have any), paths, garden areas, lawns, flowerbeds, shrubs, bushes and borders (if you have any) clean and tidy. 27 Keep windows clean 27.1 You must clean (or arrange for someone else to clean) the inside and outside of all windows of the premises as often as is necessary. 28 Take responsibility for visitors 28.1 You must only allow people you know personally to visit the premises or the estate. You will be responsible for how your visitors behave while they are on the estate or in the premises. If a visitor wishes to stay for more than two weeks, you must tell us first and get our permission before they can stay. 29 Behave appropriately towards our staff 29.1 You, members of your household and your visitors must behave respectfully towards our staff and contractors. You must not disturb, threaten or behave violently towards any of our staff or contractors. 30 Behave appropriately towards others 30.1 You, members of your household and your visitors must not annoy or disturb your neighbours or anyone else by using illegal substances, carrying out criminal activity, using or threatening to use violence, causing an obstruction or making too much noise You must not do anything at the premises or the building which disturbs your neighbours or which might reasonably be considered to be anti-social behaviour. This includes playing any radio, television or musical instrument too loudly or at unsocial hours. 31 Not place notices on the premises 31.1 You must not place any sign, poster or item on the premises which can be seen from the outside. 11

15 32 Not fix aerials or satellite dishes 32.1 You must not fix any aerial or satellite dish on the premises or the building, or install cable television or telephone cables without first getting our permission. If we give you our permission, you must pay all the costs involved (including removing an aerial or dish at the end of the tenancy) and the reasonable costs of making good any damage or redecorating, if necessary. 33 Not fix CCTV cameras 33.1 You must not fix any CCTV cameras on the premises or the building without first getting our permission. If we give our permission, you must pay all the costs involved including removing the cameras at the end of your tenancy. You must also pay to repair any damage or to redecorate, if necessary You may capture and record images only on the premises You must respect your neighbours right to privacy. You are not allowed to aim your camera and record images of your neighbours property or shared areas If you breach your neighbours privacy rights, we will ask you to remove all CCTV equipment immediately. 34 Not keep animals and pets 34.1 If you live in an apartment, you must not keep any animals, pets, reptiles, insects, rodents or birds at the premises. If you live in a house, you must not keep or breed any animals, pets, reptiles, insects, rodents or birds at the premises without first getting our permission. 35 Respect shared areas 35.1 You must not block any shared passageways, hallways or staircases, or keep any bicycle, pushchair or other item in any shared area of the premises or building. If you live in an apartment, you must not hang any clothes or other items on the balcony or on the outside of the premises You must obey any house rules relating to the shared areas of any building or estate. We have attached a copy of the house rules, if any, to this agreement. From time to time, we or the management company responsible for the estate may update these rules. 36 Give us copies of notices 36.1 You must give us copies of any notices, documents, legal proceedings or letters which relate to the premises as soon as you receive them. 12

16 37 Pay legal costs 37.1 You must pay our reasonable legal or other costs if we take any action against you for not paying what you owe us or for not meeting your responsibilities as listed in this agreement. 38 When the tenancy ends 38.1 You must give the premises back to us and return the keys at the end of the tenancy in the way we have agreed with you You must remove your personal belongings and any rubbish and leave the premises and our furniture, fixtures and fittings in good condition If you leave any personal belongings in the premises at the end of the tenancy, we can remove and dispose of them in any way we think is appropriate. We are not responsible for storing your property You must arrange for any electricity, gas, water and phone meters to be read immediately before the end of the tenancy. You must pay any outstanding amounts you owe the companies who provide these services (including cable TV) up to and including the day the tenancy ends You must repair any damage to the premises or to our furniture and fittings (including replacing them, if necessary) if you, a member of your household or one of your visitors caused the damage. If you do not do so, you must pay us the cost of repairing the damage or replacing the furniture and fittings. 13

17 E Our responsibilities We agree to do the following: 1 Allow you to quietly enjoy the premises 1.1 You can live in your home without any illegal interference from us or others on our behalf as long as you have paid your rent and carried out your responsibilities as set out in this agreement. 2 Assess your rent every year if you have a differential rent 2.1 We will review your rent every year. 2.2 We will calculate your rent based on the income of your household. 2.3 When we calculate your rent, we will treat anyone who stays in your home for more than two weeks as having joined your household. 2.4 We will reassess your rent immediately if you notify us of any change to your household s income. 3 Provide you with clean premises 3.1 We will make sure the premises are in a clean and tidy condition before your tenancy starts. We will make sure all appliances, if supplied, are in good condition and working properly. 4 Provide repairs we are responsible for 4.1 We will maintain and repair the structure of the premises and will comply with our legal obligations. This means that we will: a) make sure that the structure, inside and outside of the premises are maintained in good condition; b) repair and maintain the fixtures and fittings that we provide; c) repair and maintain the systems supplying water, gas and electricity in the premises; d) repair and maintain the systems supplying hot water and general heating in the premises; e) repair and maintain sanitary ware such as basins, sinks, baths, toilet bowls, cisterns, and so on. 4.2 We will ask you to pay for any damage that you or a member of your household has caused to the premises, estate or to any of our fixtures and fittings which is above reasonable wear and tear. 14

18 4.3 We will repay you any reasonable cost which you may spend in carrying out repairs for which we are responsible, provided: a) we have refused or failed to carry out the repairs when asked by you to do so; and b) delaying the repairs might have posed a significant health and safety risk to you and the members of your household, or resulted in a serious decrease in the quality of your living environment; and c) you give us receipts to prove that you spent the amount that you are claiming from us. 4.4 We will not have to repair: a) anything which you are responsible for repairing; b) the premises if they are totally destroyed or damaged, for example by storm, fire or flood; or c) anything which you are entitled to remove from the premises. 5 Pass on complaints 5.1 If the premises are managed by a management company, we will send any written complaints made by you relating to the running of the building or estate directly to the management company. We will give you a copy of any response we get from the management company to your complaint. 6 Insure the premises 6.1 We will insure the premises and our contents (if any) against fire, flood and other risks normally covered by household insurance. 7 Suspend your rent if you cannot live in the premises 7.1 If the insurers say you cannot live in the premises because of damage by fire, flood or other event which was not your fault, you will not have to pay any rent until you can live in the premises again. You may give us written notice to end the tenancy immediately and be entitled to a refund of rent paid for any period after the end of the tenancy. 8 Not pay you compensation 8.1 We will not pay you compensation for any inconvenience you suffer when we carry out work to the premises or the building (including work to premises next door or buildings we own nearby). This applies to work such as decorating or carrying out repairs or alterations. 8.2 We will not pay you compensation if you cannot live in the premises and we have told you that you do not have to pay us rent until you can live in the premises again. 15

19 9 Only end the tenancy as set out in the Residential Tenancies Act 9.1 We will only end this tenancy agreement: a) if you fail to comply with your obligations under this lease, or b) for the reasons set out in Part F of this tenancy agreement (see page 17). 16

20 F Ending your tenancy 1 How you can end this tenancy agreement 1.1 You must give us 28 days notice. We may agree a shorter notice period with you. 1.2 The only exception is if we have failed to comply with our responsibilities under this tenancy agreement and our behaviour poses an imminent threat or danger of death or serious injury to you or members of your household. In this case, you only need to give seven days notice. 2 How we can end this tenancy agreement in the first six months of the tenancy 2.1 The first six months of your tenancy is the probationary period. During this period we can end this tenancy by giving you 28 days notice in writing. 3 How we can end this tenancy agreement when you are not complying with your responsibilities as a tenant 3.1 If you have failed to comply with your responsibilities under this tenancy agreement, we can end this tenancy agreement by giving you the following notice in writing: a) 7 days notice if you or a member of your household engage in anti-social behaviour that could damage the premises or cause danger or injury to someone; b) 28 days notice if you or a member of your household persistently engages in anti-social behaviour that interferes with your neighbours peaceful occupation of their home. In this situation, we must first send you a written warning to stop the anti-social behaviour; c) 28 days notice if you owe us rent or service charges and have not paid what you owe within 14 days of receiving a written demand from us for payment; d) 28 days notice where we have written to you before to say that you are not complying with your obligations under this tenancy agreement or the Residential Tenancies Act and you have failed to take the necessary action to comply with your obligations. 4 How we can end this tenancy agreement when you are complying with your responsibilities under this tenancy agreement 4.1 The Residential Tenancies Act allows us to end your tenancy agreement for any of the following reasons: a) The premises is no longer suitable for you and your household s accommodation needs. When making this decision we will take into 17

21 account the number of people in your household and the number of rooms and bed spaces in the premises. b) We intend to sell the premises within three months of ending the tenancy. c) We intend to substantially refurbish the premises and need the property to be vacant to carry out the works. d) We intend to change the use of the premises from residential use to another use. 4.2 If we decide to end this tenancy agreement for any of these reasons, we will give you notice in writing. By law, the amount of notice we must give you depends on how long you have lived in the premises (the duration of your tenancy). Duration of Tenancy Less than 6 months Notice Period 28 days 6 or more months but less than 1 year 35 days 1 year or more but less than 2 years 42 days 2 years or more but less than 3 years 56 days 3 years or more but less than 4 years 84 days 4 years or more but less than 5 years 112 days 5 years or more but less than 6 years 140 days 6 years or more but less than 7 years 168 days 7 years or more but less than 8 years 196 days 8 or more years 224 days 5 Shorter notice period can be agreed 5.1 You and we can agree to a shorter notice period if it is convenient to both of us. 18

22 G General information 1 Residential Tenancies Act 1.1 The Residential Tenancies Act applies to this tenancy agreement. 2 Serving notices 2.1 All notices served under this agreement must be in writing. 2.2 You can serve notice on us by: a) posting it to our address given in Part B of this agreement (we will treat all notices which have been posted to us as having been received three working days after the date it was posted); or b) delivering it by hand to our address in Part B of this agreement or any other address we may give you in the future (we will treat all notices which have been hand-delivered to us as having been received one working day after the date it was delivered). 2.3 We can serve notice on you by: a) handing it to you directly (we will treat all notices which have handed to you as having been received immediately); or b) delivering it by hand to you or a member of your household at the premises, or at any other address you have given us (we will treat all notices which have been hand-delivered as having been received one working day after the date it was delivered); or c) posting it to you at the premises or at any other address that you have given us (we will treat all notices which have been posted by us as having been received three working days after the date it was posted); or d) fixing a notice on the outside of the premises where it can be easily seen, if it appears that no-one is living at the premises. 2.4 The notice period will begin the day after the notice is served. 3 Data protection 3.1 So that we may comply with our legal duties as a social housing landlord, you agree that we may give your name, address and other details to the local authority, the Residential Tenancies Board, an Garda Siochána, utility providers and others (if necessary). 4 Rent Book Regulations 4.1 By law, we must give you certain information about your rent payments. You and we both agree that the information we must give you is contained in this tenancy agreement. 19

23 5 Complaints 5.1 We have a complaints procedure which you should use when raising any issues about your tenancy or the service we provide to you. Please refer to your tenant handbook or to our website for more information on our complaints procedure. 20

24 Attachments These attachments set out additional information on your tenancy. Please note that the attachments have not been assessed for the Plain English Mark. Attachment 1 Rent book schedule Statement of information required under the Housing (Rent Books) Regulations, 1993 as amended by the housing (Rent Books) (Amendment) Regulations Attachment 2 Sample house rules Regulations for the shared areas of the building if you live in an apartment 21

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26 ATTACHMENT 1: STATEMENT OF INFORMATION REQUIRED UNDER THE HOUSING (RENT BOOKS) REGULATIONS, 1993 as amended by the Housing (Rent Books) (Amendment) Regulations This statement of information is in accordance with the Housing (Rent Books) Regulations It does not purport to be a legal interpretation. 2. The Tenant of a house is, unless otherwise expressly provided for in a Lease, entitled to quiet and peaceable enjoyment of the house without the interruption of the Landlord or any other person during the term of the tenancy for so long as the Tenant pays the rent and observes the terms of the tenancy. 3. Notice of termination of a tenancy must be in writing and must be made in accordance with the provisions of the Residential Tenancies Acts The landlord is prohibited from impounding the goods of a Tenant to secure recovery of rent unpaid. 5. The landlord is obliged to provide a Tenant with a rent book for use throughout the term of the tenancy. The landlord must enter the particulars relating to the tenancy in the rent book, and, in the case of a new tenancy, complete the inventory of furnishings and appliances supplied with the house for the Tenant's exclusive use.ca 6. The landlord is obliged to keep the particulars in the rent book up to date. Where the rent or any other amount due to the landlord under the tenancy is handed in person by the Tenant, or by any person acting for the Tenant, to the landlord, the landlord must, on receipt, record the payments in the rent book or acknowledge it by way of receipt. Payments not handed over directly, for example, those made by banker's order or direct debit, must, not more than three months after receipt, either be recorded by the landlord in the rent book or acknowledged by way of statement by the landlord to the Tenant. 7. The Tenant is obliged to make the rent book available to the landlord to enable the landlord to keep the particulars in it up to date. 8. The landlord of a rented house is obliged to ensure that the house complies with the minimum standards of accommodation laid down in the Housing (Standards for Rented Houses) Regulations, 2008 (S.I. No.534 of 2008). The Regulations do not apply to houses let for the purpose of a holiday, housing authority demountable houses and communal type accommodation provided by the Health Service Executive and certain approved non-profit or voluntary bodies. With the exception of Article 8 Food Preparation, Storage and Laundry the Regulations also apply to houses let by housing authorities. The standards relate to structural condition, the provision of sanitary, heating and refuse facilities, food preparation, storage and laundry, availability of adequate lighting and ventilation, fire safety and the safety of electricity and gas installations. 9. The duties of a landlord referred to in paragraphs 5 to 8 above may be carried out on the landlord's behalf by a duly appointed agent. Any reference in a statement to "house" includes a flat or maisonette. 10. Copies of the Housing (Rent Books) Regulations 1993, the Housing (Standards for Rented Houses) Regulations 2008 and the Housing (Standards for Rented Houses) (Amendment) Regulations 2009 may be purchased from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2, or from the Housing Authority. Housing Authority Name: Address: Telephone Number: