ASSURED SHORTHOLD TENANCY AGREEMENT FOR SUPPORTED HOUSING THIS TENANCY AGREEMENT IS BETWEEN NAME & ADDRESS OF LANDLORD BESPOKE SUPPORTIVE TENANCIES LIMITED (BeST Ltd) 2A Sentinel House Albert Street Eccles Manchester M30 0NJ BeST Ltd are a Registered Provider of Social Housing regulated by the Homes & Communities Agency, registration number 4718 and has among its objectives the provision of housing with associated care and support. NAME OF TENANT AND.. (The Tenant ) (In the case of Joint Tenants, the term Tenant applies to each of them and the name of all Joint Tenants should be written above. Each Tenant individually has the full responsibilities and rights set out in this agreement.) ADDRESS in respect of (the 'Premises') DESCRIPTION OF PREMISES The accommodation to be occupied by the Tenant comprises exclusive use of BeST HA offers supported housing. This means that the tenancy agreement includes a support package as part of the agreement and is a condition of occupancy. Tenants signing BeST HA s tenancy agreement are also signing to receive the support described by the nominated support provider being. 1
This support is provided on behalf of BeST HA and is a condition of occupancy. It may be provided, by agreement with the tenant, by another organisation on BeST HA s behalf. AIMS OF PROJECT To provide Supported Living Accommodation DATE OF START The Tenancy begins on and is an assured shorthold weekly tenancy, the terms of which are set out in this agreement. 2
1. GENERAL TERMS It is agreed as follows: PAYMENT FOR THE PREMISES (1) The weekly payments for the Premises at the date of the Agreement shall be: Rent Service Charge Ineligible charge 0 Total weekly charge Payable Per wk In the Agreement, the term Rent refers to the total charge for the accommodation set out above which may include the provision of services as set out below and general and water rates as appropriate. ii The payment of Rent is due 4 weekly / monthly in arrears from the date of tenancy inception (2) A deposit is not required when renting this property. SERVICES (3) i The Landlord shall provide the services set out in the attached Schedule 2, for which the Tenant shall pay a service charge. The landlord shall provide housing support set out in the attached schedule 2 for which the Tenant or other commissioning body shall pay a support charge on the tenant s behalf. ii The Landlord may, after consulting the Tenants affected, increase, add to, remove, reduce, or vary the services and support provided. 3
iii The Landlord may charge for services and support on the basis of either reasonable costs incurred during the previous accounting period or of estimates for the current or next accounting period. The difference between any estimate and actual cost may be carried forward. iv The Landlord may establish a sinking fund to be applied to any unusually heavy cost expected to be born by the service charge account in the foreseeable future. v The service charge and the method of apportionment shall be made available to the Tenant upon request. CHANGES IN RENT 4. (i) The Landlord may increase or decrease AND SERVICE CHARGE the Rent by written notice to the tenant specifying the Rent proposed. The Landlord will not give less than 28 days notice in writing of any increase in Rent, and the notice will not expire before the first Monday in (July) each year. (ii) On the anniversary of this agreement the Rent shall be increased by relevant CPI statistics of the subsequent September where applicable and by no more than 5% giving relevant notice as per the terms of the agreement. (iii) The service charge may be reviewed not more than twice in any one year. The Landlord shall give the tenant 28 days written notice of any change. *(iv) The water charge payable by the Tenant shall be the actual amount payable for the premises. Any increase or decrease payable by the Tenant is due immediately upon written notice served by the Landlord. SERVICE OF (5) i. Notice is hereby given in accordance with NOTICES Section 48 of the Landlord and Tenant Act 1987 that the address of the Landlord for the receipt of legal notices, and any other communication arising from this Agreement is: BESPOKE SUPPORTIVE TENANCIES LTD, 2A Sentinel House, Albert Street, Eccles, Manchester, M30 0NJ. 4
ii Any legal notice or other communication arising from this Agreement, shall be validly served on the Tenant if posted or delivered to the premises. ALTERING THE AGREEMENT (6) (i) With the exception of any changes in Rent or service charges, this Agreement may be altered only with the consent in writing of both the Tenant and the Landlord. 2. THE LANDLORD S OBLIGATIONS The Landlord is a supported housing landlord and provides support and supervision in its tenancies in agreement with Support and Care providers, in accordance with the assessed needs of the tenant. The Landlord will ensure that appropriate support and supervision is provided to tenants either by its own staff or through its responsibilities in the management agreement with the Support and Care providers. The Landlord agrees: POSSESSION (1) To give the Tenant possession of the Premises at the commencement of the Tenancy. TENANT'S RIGHT TO OCCUPY (2) Not to interrupt or interfere with the Tenant's right peacefully to occupy the Premises except where: - i). access is required to inspect the condition of the Premises or to carry out repairs or other works to the Premises or adjoining property. ii) access is required to check the safety or welfare of the Tenant where it has given grounds for concern; or iii). A court has given the Landlord possession by ending the Tenancy. REPAIRS (3) To keep in good repair the structure and exterior of the Premises. i. Drains, gutters and external pipes. ii. The roof 5
iii. Outside walls, outside doors, windowsills, window catches, sash cords and window frames, including necessary external painting and decorating. iv. Internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards. v. Chimneys, chimney stacks and flues but not including sweeping. vi. Pathways, steps or other means of access. vii. Plaster work. viii. Integral garages and stores. ix. Boundary walls and fences. INSTALLATIONS (4) To keep in good repair and proper working order any installations provided by the Landlord for heating, water heating and sanitation, and for the supply of water, gas and electricity including: i. Basins, sinks, baths, toilets, flushing systems and waste pipes. ii. Electric wiring including sockets and switches, gas pipes and water pipes. iii. Water heaters, fire places, fitted fires and central heating installations. REPAIR OF COMMON PARTS (5) to take reasonable care to keep any shared accommodation together with the common entrances, halls, stairways, lifts, passageways, rubbish chutes and any other common parts, including the electric lighting in reasonable repair and fit for use by the Tenant and other occupiers and visitors to the Premises. FIXTURES AND FITTINGS INTERNAL AND EXTERNAL DECORATION INSURANCE (6) To keep in good repair all internal and external fittings, fixtures and furniture, and cooking and washing appliances provided by the Landlord. (7) i. To keep the interior of the Premises in a good state of decoration. ii. To keep the exterior of the Premises and any common parts in a reasonably good state of decoration. (8) To be responsible for insuring the buildings and furnishings and fittings provided by the Landlord but this shall not impose upon the Landlord any 6
obligation to reinstate or rebuild the Premises. BUT THE INSURANCE WILL NOT COVER THE TENANT'S POSSESSIONS, FURNITURE, FIXTURES AND FITTINGS, WHICH THE TENANT IS ADVISED TO INSURE AGAINST LOSS OR DAMAGE. SUCCESSION TO SPOUSE (9) On the death of a Sole Tenant who is not a successor, that the Tenancy will pass to the Tenant's spouse under the provisions of the Housing Act 1988 provided that he or she occupies the Premises as his or her only or principal home at the time of the Tenant's death. A Successor is: (a) a spouse in whom the Tenancy was vested under this clause; or (b) a person by whom the Tenancy was inherited (see the following clause); or (c) a person who would have been entitled to succeed had the previous Tenant died and to whom the Tenancy was assigned under clause 3(14); or (d) a Tenant by survivorship when one of two or more joint Tenants has died. When a Successor under this clause does not meet the lettings criteria applying to the premises, the Landlord reserves its rights to seek possession when an offer of suitable accommodation has been secured. INFORMATION CONCERNING MANAGEMENT (10) To provide the Tenant with information on its housing management policies as required by the guidance issued by the Housing Corporation under the provisions of Section 36 of the Housing Act 1996. 7
3. THE TENANT'S OBLIGATIONS The Tenant Agrees: MISLEADING INFORMATION (1) Not to knowingly or recklessly provide false or misleading information or to make a false statement in order to obtain the Tenancy. POSSESSION (2) To take possession of the Premises at the commencement of the Tenancy and not to part with possession of the Premises or sublet the whole or part of it. RENT (3) To pay the Rent and other charges monthly in arrears. USE OF PREMISES (4) To use the Premises for residential purposes as the Tenant's only or principal home and not to operate a business at the premises without the written consent of the Landlord, nor to use the Premises for any illegal purposes. NUISANCE (5) Not to cause or allow members of his / her household or invited visitors to cause a nuisance or annoyance to neighbours, staff or other tenants. ILLEGAL OR IMMORAL (6) Neither to use, nor to allow members of his or her household to use, the premises for illegal or Immoral purposes. SUBSTANCE MISUE (7) Neither to use, nor to allow members of his or her household to possess, engage with or associate with any substance misuse whilst resident at the property. 8
CRIMINAL ACTIVITY (8) Neither to engage not to allow members of his or her household to engage in any criminal activity of any kind. RACIAL AND OTHER HARASSMENT (9) Not to commit or allow members of his her household or invited visitors to commit any form of harassment on the grounds of race, colour, religion, sex, sexual orientation or disability which may interfere with the peace and comfort of, or cause offence to any other tenant, member of his/her household, staff, visitors or neighbours. THE LANDLORD S AGENT'S STAFF (10) Neither to hinder, obstruct, threaten, abuse or assault any employee, agent or contractor of the Landlord whilst they are carrying out their duties, and not to allow any member of his or her household or invited visitors to do so. DISRUPTION (11) Not to commit or allow members of his/her household or invited visitors to commit any act which results in serious disruption of another tenant's occupation of the Premises or to commit any act which results in physical harm to any other tenant, member of his/ her household, staff, visitor or neighbour. NOISE (12) Not to play or allow to be played any radio, television, record or tape or musical instruments so loudly that it causes a nuisance or annoyance to neighbours or other tenants. PETS (13) Not to keep a pet without prior written permission of the Landlord. Consent will not be given if it is felt that pets would cause a nuisance to neighbours. 9
INTERIOR OF PREMISES (14) To keep the interior of the property in a reasonably tidy and clean condition. ii. Not to damage or remove furniture provided by the Landlord. iii. To decorate the room(s) as often as is necessary for good decorative order. DAMAGE (15) To make good any damage to the Premises or the Landlord s fixtures, fittings and furniture or to the common parts caused by the Tenant or any member of the Tenant's household or any invited visitor to the Premises, fair wear and tear excepted, and to pay any costs incurred by the Landlord carrying out such works in default. If the Landlord deems it inappropriate for the Tenant to make good any damage then the Landlord will make good the damage. ALTERATIONS (16) Not to remove or make any alterations to the Premises or any fixtures, fittings or furniture provided by the Landlord. REPORTING REPAIRS ACCESS (17)To report to the Landlord promptly any disrepair or defect for which the Landlord is responsible in the structure, exterior or interior of the Premises, or in any installation therein or in, the common parts, or any disrepair or defects in the fixtures, fittings or furniture. (18)i To allow the Landlord s Employees or contractors acting on behalf of the Landlord access at all reasonable hours of the day-time to inspect the condition of the Premises or adjoining property. (The Landlord will normally give at least 24 hours notice but immediate access may be required in an emergency). 10
ii To allow access by the Landlord s employees or contractors acting on behalf of the Landlord at all reasonable times in order to undertake the cleaning service provided as part of this Agreement. WELFARE ACCESS ROADWAYS ASSIGNMENT OVERCROWDING LODGERS & SUBLETTING ABSENCE FROM PREMISES (19) To allow entry to the premises for the purpose of welfare, safety and health of the tenants to exercise duty of care. (20) Not to block local roadways and other vehicular access, and keep them, and car parking spaces, clear of un-roadworthy vehicles and other obstructions. (21) Not to assign the Tenancy except furtherance of a court order made under Section 24 of the Matrimonial Causes act 1973 (22) Not to allow more than 1 persons to reside at the premises. (23) Not to take in any lodger or allow anyone else to live in the Premises. Not to part with the whole or any part of the Premises. (24) To inform the landlord in writing and if possible in advance, if the tenant is or expects to be absent from the premises for 14days or more. ENDING THE (25) To give the Landlord at least 28 TENANCY days notice in writing, such notice to end on a Monday, when the Tenant wishes to end the tenancy. MOVING OUT (26) To give the Landlord vacant possession and return the keys of the Premises at the end of the Tenancy and to remove all personal possessions and rubbish and leave the Premises and the Landlord s fixtures and fittings in good let-able condition and repair. The Landlord accepts no responsibility for anything left at the Premises by the Tenant at the end of the Tenancy. HEALTH & SAFETY (27) To comply with any Health, Safety or Fire Advise given by the Landlord and not to engage in conduct which is likely to endanger the health and 11
safety of any residents, household visitors, staff and other tenants. COMPLIANCE WITH Project Objectives Intensive housing Management (Housing Support) (28) To receive support in accordance with a written agreement for housing support of this tenancy which is drawn up between the Tenant and the Landlord. Any personal care or support that you require will be provided by a care/support agency of your choice or via a statutory body such as the local Authority and /or the Health Authority currently PCT or similar body or voluntary body or third party arrangement. It may also be through a personal/individual budget or self funded COMPLIANCE WITH HOUSE RULES (29) To comply with the House Rules of supported accommodation. These rules exist in order to allow the good management of the project, and in order to achieve the projects aims as set out on Page 2 of this Agreement. House Rules may be amended after consultation with all Tenants at the Premises. (30) Not to smoke in his/her household or in any common indoor area. 4. THE TENANT'S RIGHTS The Tenant has the following rights: RIGHT TO OCCUPY (1) The Tenant has the right to occupy the Premises without interruption or interference from the Landlord for the duration of this Tenancy (except for the obligations contained in this Agreement to give access to the Landlord s employees or contractors) so long as the Tenant complies with the terms of this Agreement and has proper respect for the rights of other Tenants and. neighbours. 12
SECURITY OF TENURE (2) The Tenant has security of tenure for the FOR THE DURATION duration of the Tenancy as an assured shorthold OF THE TENANCY tenant, so long as he/she occupies the Premises as his/her only or principal home. Before the expiry of the fixed term of the tenancy, the Landlord can only end the Tenancy by obtaining a court order for possession of the Premises one of the grounds listed in Schedule 2 of the Housing Act 1988 EXPIRY OF TENANCY SECTION 21 HOUSING ACT 1985) (3) The Landlord can only end the Tenancy on or after the fixed-term expires by giving the Tenant at least two month's notice that they require possession of the Premises and by obtaining a court order for possession. The court will make an order for possession if it is satisfied that the fixed term of the tenancy has expired and the proper notice has been given. CESSATION OF (4) If the Tenancy ceases to be an assured ASSURED SHORTHOLD shorthold tenancy, the Landlord may end the TENANCY Tenancy by giving four weeks' notice in writing to the Tenant. By way of further rights, the Landlord agrees: RIGHT TO REPAIR (5) The Landlord shall establish a scheme providing the Tenant with a remedy if the Landlord fails to carry out its obligation to repair. The Scheme shall operate in accordance with the requirements laid down from time to time by the Housing Corporation. The Landlord shall provide details of the scheme at the beginning of the Tenancy and inform the Tenant of any changes. RIGHT TO CONSULTATION (6) The Landlord will consult the Tenant before making changes in matters of Housing Management or maintenance, which are likely to have a substantial effect on the Tenant. 13
RIGHT TO INFORMATION (7) The Tenant has a right to information from the Landlord about the terms of this tenancy and about the Landlord's repairing obligations and their policies and procedures on tenant consultation, housing allocation and transfers. COMPLAINTS (8) The Landlord shall establish a procedure for dealing with complaints by the Tenant on any matter arising from this Tenancy. The procedure shall operate in accordance with the requirements of the Tenants' Guarantee as laid down from time to time. The Landlord shall provide details of the scheme at the beginning of the Tenancy and inform the Tenant of any changes. If still dissatisfied after the complaints procedure has been exhausted. The Tenant shall have the right to refer the matter to the Independent Housing Ombudsman Scheme. I/we have read understood and accepted the Landlord s conditions of tenancy and have been given a copy of this agreement. Signed on Behalf of the Landlord EXAMPLE Date EXAMPLE Signed by the Tenant (s) EXAMPLE Date EXAMPLE 14