About your tenancy
A new type of tenancy The 2011 Localism Act gave local authorities the right to grant flexible fixed term tenancies, instead of the lifetime tenancies they used to offer. The Royal Borough of Kensington and Chelsea has adopted these new tenancies. You can read the Council s tenancy policy on its website www.rbkc.gov.uk From January 2014 all new Council tenants in the Royal Borough will have a fixed term tenancy. This will last for five years or, in some circumstances, two years. If the Council offers you a property the offer letter will explain the type and length of the tenancy. Introductory tenancies Most people start their tenancies as an introductory tenant. This will apply to you unless you are transferring from another council or housing association property, or you were an introductory tenant or a housing association tenant with an assured shorthold tenancy immediately before you were made the offer. An introductory tenancy lasts for a year and is a trial period. You will need to show us that you understand your responsibilities to your neighbours and to your landlord, the Royal Borough of Kensington and Chelsea. We expect you to: pay your rent on time and not fall into rent arrears make sure that you or anyone living with you or visiting you does not cause a nuisance to your neighbours or the local community look after your home and garden meet the other conditions of your tenancy. 1
While you are an introductory tenant, you do not have the right to: take in lodgers or sub-let part of the property swap your home or transfer to another landlord buy your home make improvements to your property, other than decorating and minor improvements. You have an extra responsibility to get permission if a person (who was not part of your household when the tenancy agreement was signed) wants to live with you. We will make regular checks, including looking at your rent account every week and visiting you at home from time to time. Please make sure you tell us if you are having problems, as we can usually offer practical help and advice. Your tenancy will be at risk if you do not respect your community, pay your rent or look after your home. If you breach your tenancy conditions during your introductory tenancy we may decide to extend the introductory tenancy for a further six months or start legal action to end the tenancy. We will tell you if we decide to do this and you have the right to request a review. What happens when my introductory tenancy ends? You will automatically become a secure fixed term tenant after 12 months if you have kept to the conditions of your tenancy agreement and we have not started legal action or extended your tenancy for a further six months. 2
Secure fixed term tenancies What is a secure fixed term tenancy? This type of tenancy offers more security than an introductory tenancy. As long as you do not break the rules of your tenancy agreement you can live in your home for a fixed period of time. In the Royal Borough secure fixed term tenancies are for five years or two years. Your neighbourhood officer will tell you how long your tenancy will last. It will also be written on your tenancy agreement. Can I appeal about the length of my secure fixed term tenancy? Yes, you can appeal if you believe that the length of the tenancy is not in line with the Council s tenancy policy. When you are given the secure fixed term tenancy, your neighbourhood officer will give you a notice that explains how you can appeal. If you decide to appeal, you must do so within 21 days of being given the notice. If you are moving into a new property, you will still need to move in while the appeal takes place. If it is successful, any changes to the length of the tenancy will be made afterwards. What are my rights as a secure fixed term tenant? You have the right to live in your home for the length of your fixed term tenancy as long as you do not break the rules of your tenancy agreement. If you do, we can take legal action to end your tenancy and evict you. What are my responsibilities? You will need to make sure that you keep to the conditions of your tenancy agreement including paying your rent on time, not getting into rent arrears and not causing anti-social behaviour. 3
Your neighbourhood officer will visit you every year to carry out a tenancy check. It is important to tell us if your circumstances change, for example if a new person comes to live with you or if somebody moves out. If your housing needs change for example, you need a smaller or larger property then you will need to apply to the housing register and mutual exchange scheme during your fixed term tenancy. The Council will take this into account when making the decision to renew your fixed term tenancy. What will happen at the end of my secure fixed term tenancy? The Council does not have to give you another tenancy automatically. Early in the final year of your secure fixed term tenancy your neighbourhood officer will visit you at home to collect information from you. The Council will use this information to decide whether to offer you another secure fixed term tenancy and the length of the tenancy. We will take into account: the total income of you and your spouse/partner the total savings of you and your partner your behaviour including payment of rent and arrears and the behaviour of your household members during the tenancy whether a notice of seeking possession has been served or if court proceedings have been issued whether the property has been used for illegal purposes, benefit fraud or unlawful subletting how suitable the property is for your needs. It is very important that you provide all of the information that we ask for. If you do not co-operate the Council will believe that you no longer want to occupy your home and will not renew your tenancy. 4
When will I know the outcome of the review? The Council and Kensington & Chelsea Tenant Management Organisation (KCTMO) will write to you to confirm the outcome of the review six months before your secure fixed term tenancy is due to end. The decision is likely to be one of the following: you are granted another secure fixed term tenancy of the property you are granted a secure fixed term tenancy of a different property for example one that is smaller if you no longer require a larger property you need to move to alternative accommodation. If this is the case then you will be served with six months notice in writing. The notice will give reasons for the decision and tell you about your right to request a review of the decision. You will then be served with a further notice two months before your secure fixed term tenancy is due to end. This will confirm that the KCTMO will seek possession of the property if you do not move out. The Council will tell you who to contact about your housing options. Can I appeal if the Council decides that my tenancy will not be reissued? You can make an appeal on the basis that the decision not to renew is not in line with the tenancy policy. You must appeal within 21 days of receiving the notice that the tenancy will not be re-issued. The notice will explain how you can appeal. How can I end my tenancy before the end of the fixed term? You must give four weeks notice in writing the notice period must end on a Monday. You must also return your keys to a KCTMO office by 5pm on the Monday your tenancy is due to end. If you are late returning keys we will continue to charge you rent for the property. 5
Where to get further advice You will receive the Tenant s Handbook, which tells you about your rights and responsibilities. Your neighbourhood officer will give you a copy of the Royal Borough s tenancy policy at sign up. Your neighbourhood officer will also give you a list of local advice agencies at sign up so you can seek independent advice if you would like it. You can also contact your neighbourhood officer on 0800 137 111 or mobile friendly number 020 3617 7080. Or you can contact Housing Options Team at the Council: Town Hall Hornton Street London W8 7NX Housing line: 020 7361 3008 6
January 2014