Tenancy Agreement
Contents page Your tenancy 2 Your rent 9 Use of your home 16 Moving home and ending 20 your tenancy Information to Secure Tenants - the Right to Buy 25 Tenancy Agreement 26 Your tenancy This section covers a. Your Tenancy Agreement b. Post tenancy visits c. Changes to your tenancy conditions d. Security of Tenure e. What if I break a condition(s) in my tenancy agreement f. Sharing your tenancy a.your Tenancy Agreement Your Tenancy Agreement is a legally binding contract which sets out your responsibilities as a Secure, Introductory or Non Secure Tenant and our responsibilities as your Landlord. You should read it carefully and contact a member of Neighbourhood Pride if you have any queries. 2
When you sign the Tenancy Agreement for your property, a Housing Officer will go through in detail the rights and responsibilities you have and what is expected of you. Once you have signed the agreement you will be responsible for keeping to the conditions of your tenancy. b.post tenancy visits All new tenants to the Council will receive a Post Tenancy Visit within six weeks of signing for their tenancy and moving into their new home. The Post Tenancy Visit will be undertaken by the Housing Officer responsible for managing the property. It is likely that you will have met him or her when you signed for the tenancy and received the keys for the property. The purpose of the visit is to ensure that you have settled into your home, are clear on your tenancy obligations and assist with any problems you may be experiencing. This visit is also your opportunity to clarify anything you may not have understood at your sign up interview. c.changes to your tenancy conditions The terms of your tenancy can only be changed with your agreement or after you have had an opportunity to comment upon any changes the Council proposes. The exceptions to this relate to any change to your rent or service charge, if applicable. If the Council wishes to make changes, you will be informed in writing of the proposed changes and what they mean, and you will be invited to comment upon them. We will always consider your views and notify you of the final decision. In any event, you will be given four weeks notice of any changes and you may, if you wish, serve Notice to Terminate on the Council. This will have the effect of ending your tenancy, therefore you will need to vacate the property and return the keys. Should you terminate your tenancy under such circumstances the relevant changes will not affect you unless, with the agreement of the Council, you wish to withdraw your notice. d.security of Tenure i) Secure Tenancy Agreement The majority of Council tenants have a Secure Tenancy Agreement. The signed agreement between you and us gives you what is called Security 3
of Tenure. This means you have the legal right to use and enjoy your home, which will only be taken away if you break the conditions of the tenancy. Security of Tenure also gives you certain rights, which include: The Right to Carry Out Improvements and Alterations The Right to Buy (after a qualifying period) The Right to Exchange The Right to be Consulted The Right to take in Lodgers The Right to Assign The Right of Succession The Right to Repair ii) Introductory Tenancy Agreement All new tenants are given an Introductory Tenancy which lasts for one year. This is a trial period to see how you conduct your tenancy. If this is satisfactory and you have abided to the conditions of your tenancy you will automatically become a Secure Tenant after one year. Introductory and Non Secure Tenants do not have the same legal rights as a Secure Tenant. An Introductory Tenancy is generally for 12 months, but we can consider extending for a further six months. The rights you do NOT have as an Introductory Tenant include: The Right to Carry Out Improvements and Alterations The Right to Buy The Right to Exchange The Right to take in Lodgers iii) Non Secure Tenancy Agreement On some occasions new tenants may move into a Council home and sign a Non Secure Tenancy Agreement. If you have a Non Secure Tenancy you have the same responsibilities as a Secure Tenant set out in your Tenancy Agreement. You do not, however, have the same rights as a Secure or Introductory Tenancy. The rights you do NOT have as a Non Secure Tenant include: The Right to Carry Out Improvements and Alterations The Right to Buy The Right to Exchange The Right to take in Lodgers The Right to Sub-let your Property The Right to Succession The Right to Repair 4
e.what if I break a condition(s) in my Tenancy Agreement? If you break any conditions, which are the rules of your tenancy, we can take action to evict you from your home by applying to the Court for a possession order. If this should happen you should contact a member of the Homeless Team through the One Stop Shop (telephone 01536 464631) immediately for advice. Some examples of breaking the conditions of your Tenancy Agreement can include: Playing excessively loud music Selling illegal drugs at the property or on the estate Falling into rent arrears Abusive/violent behaviour Not living in the property on a permanent basis Refusing to allow gas contractors access to your home to carry out servicing Failing to keep the property in good condition Failing to keep the garden tidy and well maintained We will always make contact with you first if we feel you have broken a condition(s) of your Tenancy Agreement. Our aim is to reach an agreed solution to the problem. We do not want to see you lose your home. If the situation cannot be resolved at this stage we may decide to take legal action against you. i) Notice of Seeking Possession (applicable to Secure Tenants only) We can serve you with a Notice of Seeking Possession which is the first legal step we take to repossess your home. The Notice will explain why we are taking this action and which tenancy condition(s) you are breaking. The Notice gives you four weeks to start putting the problem right. The Notice is valid for 12 months so you must continue to follow the responsibilities detailed in your Tenancy Agreement or legal action can be taken. If the situation is not resolved we will ask the Court to hear the case to decide what action to take next. ii) Notice of Proceedings (applicable to Introductory Tenants) We can serve you with a Notice of Proceedings. This is the first legal step we take to repossess your home. The Notice will explain why we are taking this action and which tenancy condition(s) you are 5
breaking. You have 14 days to request a review of the decision. If a review is undertaken and the decision is made to seek possession of your home in the County Court it is likely to lead to the Council gaining possession of your home. County Court Judges have no discretion and must grant the Council a possession order provided we have undertaken the process correctly. It is in your best interest to ensure that as an Introductory Tenant you are not served with a notice of proceedings. iii) Notice to Quit (applicable to Non Secure Tenants) We can serve you with a Notice to Quit the property you are occupying. This is the first legal step we take to repossess your home. The Notice will explain why we are taking this action and which tenancy condition(s) you are breaking. Depending on the severity of the problem you have caused the Notice will give you up to four weeks to vacate the property. On expiry of the notice, if you fail to vacate the property and return the keys, legal action will be taken. The Council will ask the court to evict you as you are an unauthorised occupant. iv) Possession Orders Corby Borough Council takes tenancy conditions very seriously and should you breach any of your conditions we can ask for a Possession Order, for reasons set out in law, these reasons are called Grounds. To do this we have to prove to a Court that you have broken the rules and that repossessing your home is reasonable action to take. For a detailed explanation on the Grounds we can apply to the Court for a Possession Order please contact your Housing Officer. At Court the Judge will decide if he or she thinks it is reasonable to give us possession of your home. This will be based on the evidence presented and the seriousness of the tenancy breach. In some cases the Judge may give an Absolute Possession Order where a warrant will be issued to allow the Council to evict you from your home. The Judge can alternatively decide to still issue a Possession Order but suspend this. He is unable to do this if you are an Introductory Tenant. Here the Judge will request that you either do or not do something. For example, if you have attended Court because of rent arrears, the Judge may make an order that you pay a 6
certain amount each week to clear the arrears. As long as you keep to the arrangement no further action will have to be taken. The Court will confirm their decision in writing to you. If you are to be evicted you will be informed of the date when this will happen. If you are summoned to attend Court legal costs for this will be charged to you. You are responsible for the costs even if you do not attend the hearing. In serious cases of antisocial behaviour, nuisance, domestic violence or when you are using your property for immoral or illegal purposes the Council can apply to Court for a Possession Order immediately after the Notice of Seeking Possession has been served. You will be given every chance to put things right to avoid Court action. v) Action taken on Non Secure Tenants If you have a Non Secure Tenancy and breach a condition(s) of your agreement, we will serve you with a Notice to Quit. If we then need to take further legal action due to the breach not being resolved we will apply to the Court for a Possession Order. The Court will grant a Possession Order if it is satisfied by our case. The Court will also award the Council legal costs which will be recharged to you. We do not want to see you lose your home due to breaking a condition(s) of your Tenancy Agreement and will try to resolve the situation amicably but should it persist legal action will be taken. vi) Additional action we can take Other action we can take includes applying for an Injunction or an Anti- Social Behaviour Order. These are Court Orders requiring you or a member of your household to either do or not do something. If you are evicted from your home there may be restrictions on you applying for rehousing. A full list of actions available to us is in the Acceptable behaviour, conduct and community responsibility booklet. f.sharing your tenancy When granting a joint tenancy we will act in accordance with Part VI of the Housing Act 1996 (Allocation of Housing). This guidance advises that a Council should normally grant a joint tenancy where a member of the household has a long-term 7
commitment to the home which is likely to continue. We will also consider the same factors in deciding whether to grant a joint tenancy as those stated in Housing Legislation specifying who can assign or succeed to a tenancy. Therefore you will normally have the right to assign or be granted a new joint tenancy either when your partner (of either gender) has lived with you for at least the last 12 months or when you marry, whichever is the sooner. If you wish to have a joint tenancy an application form needs to be completed for consideration. You can request a form from your Housing Officer or the One Stop Shop. Joint tenants are equally responsible for keeping to all the tenancy conditions, including the payment of rent. Should a relationship break down neither joint tenant can evict the other. If one of the joint tenants wants to leave and give up the tenancy they can request to assign their tenancy into the remaining person s name. If you cannot agree it is recommended you take independent legal advice as the Courts can decide. You should contact your Housing Officer for advice on this matter and always keep them updated on any changes in your circumstances. If you divorce or separate from your partner (whether you are married or cohabiting), and you have dependent children or other dependants, you should give up the tenancy to the partner who is to provide a permanent home for them. Where permanent housing of the dependants is divided between two people, the person leaving the home will be helped to find private rented accommodation. They may then register on the Council s Housing Waiting list for future accommodation. However, it should be noted they may not be eligible for houses, only flats and maisonettes. If you have any further queries concerning your tenancy please contact your Housing Officer. 8
Your rent It is a condition of your tenancy that your rent is paid regularly and on time. Rent is due weekly in advance. This section covers 1. How rent is calculated 2. How and where to pay your rent 3. Changes in your rent 4. Claiming Housing Benefit and Council Tax Benefit 5. Difficulty in paying your rent 6. Standard rent arrears procedures for Secure Tenants 7. Renting a garage 1. How rent is calculated Rent is calculated in line with government policy on social rent reforms in the local authority sector. It is worked out so that you normally pay rent for 48 weeks of the year. This means that there are four weeks in the year when you don t have to pay rent. If you owe the Council rent you must still pay during these weeks to reduce the arrears. 2. How and where to pay your rent There are a number of ways you can pay your rent: a) Direct Debit This is the easiest method. Payment is made automatically, direct from your bank account. You can arrange to do this by completing a Direct Debit Mandate available from your Housing Officer or One Stop Shop. Payments are requested from your bank at the beginning of each month. b) Cash Office Payment can be made in person by cheque, cash, debit or credit card at the One Stop Shop in George Street. c) Post You can pay by post using a cheque or postal order made payable to Corby Borough Council. Send your payment and rent card to the One Stop Shop, Grosvenor House, George Street, Corby, Northamptonshire NN17 1QB.We will return your receipted rent card by post. It would help us if you could 9
write your name and address on the back of the cheque. It is inadvisable to post cash. d) Telephone Payments are now accepted over the phone by Debit/Credit Card. For our automated service ring 01536 464618 and follow the automated instructions. You will need to have your payment reference number and Debit/Credit Card details ready. You will also need a pen and paper to record your transaction number. Many staff are now also trained on taking telephone payments - if you would like to pay in this way, contact a member of staff in the One Stop Shop, Neighbourhood Pride or your Housing Officer. e) Internet Payments are now accepted via the internet from the payments page of our website. You will need to have your payment reference number and Debit/Credit Card details ready. You will also need a pen and paper to record your transaction number. An email copy of the receipt will be sent if you provide your email address when requested. To make a payment online, go to www.corby.gov.uk. Click on Your Council, then Payments on the left hand side Go to Click here to access online payments Follow the instructions to make a payment online 3. Changes in your rent We will write to inform you of any changes to your rent detailing the revised rent figure and the reasons for the change. We will give you four weeks notice of any changes in the amount of rent due. If you are claiming Housing Benefit our Benefit Section should inform you of your benefit entitlement and any changes in the benefit payments. 4.Claiming Housing Benefit and Council Tax Benefit If you are on a low or fixed income you may be entitled to help towards your rent and Council Tax payments. If you think you may qualify and want to receive a claim form contact the One Stop Shop. If you are in doubt, apply - it won t cost you anything but could save you money. Remember: it is your responsibility to ensure you apply for any 10
entitlement as quickly as possible and provide all of the required information. Failure to do this may delay any decision on your application, may affect your entitlement to benefit for any period during which you have not submitted an application and if arrears build up could lead to you losing your home. Bringing benefits to your door Residents wishing to apply for Housing or Council Tax Benefit will now be able to request a home visit to process their application right in front of them. Whilst this will be of particular benefit to elderly and disabled people, anyone who wishes to make a claim will be able to take advantage of this new approach to customer care. All you need to do if you wish to make a claim is to contact the Benefits Section at the Council on 01536 464000 or email benefit.enquiries@corby.gov.uk or visit the One Stop Shop. An officer can help you fill in your form. Fast track your new claim for benefits If you can provide us with a fully complete application with all the supporting evidence as detailed in the checklist on the application form, we will process your claim within five working days of receiving it. To find out more, contact the Benefits Section at the Council on 01536 464000 and ask to speak to the Benefits Section or email benefit.enquiries@corby.gov.uk or visit the One Stop Shop. a) How are these benefits calculated? This will depend on: Your income Your savings Your needs allowance (the amount the Government says you need) The amount of rent you pay The amount of Council Tax you pay Who else lives in your home b) Is any of my income disregarded? When calculating Housing Benefit and Council Tax we ignore War Pensions, Attendance Allowance and Disability Living Allowance, although you still have to declare these sources of income when making an application. If you work, we count wages after tax, National Insurance and half of any payments to a personal pension. 11
c) What about savings? If you or your partner have savings, some money is disregarded. Please speak to Housing Benefits for more information. d) Other people in the household A deduction will be made from your benefit for any non-dependants who live in your home (this does not include your partner). However, if you receive Attendance Allowance there will be no non-dependant deduction for them. Please note that a nondependant is defined as any person who is not a child or young person (16-20 still in further education/ training), who normally resides with the claimant on a non-commercial basis. You may also be entitled to a Second Adult Rebate. e) Changes in your circumstances If you are awarded benefit you must tell us immediately if anything changes as this may affect your benefit. For example, increases or decreases in your income or savings. Don t forget: if in doubt, apply - we will then write and tell you if you have been successful. f) What should you do about paying the rent and Council Tax while any benefit entitlement is calculated? It can take a few weeks for your application for benefit to be decided upon and it is in your own interest to continue to pay the rent (or as much as you can afford) and Council Tax during this period. This is to ensure that if your application for benefit is not successful, or if you are only entitled to partial payment, you will not have built up a large debt while the application is being processed. Remember: you may be entitled to benefit but possession proceedings could still begin if you have not provided the relevant paperwork. If you think you may qualify and want to receive a claim form, simply contact Corby Borough Council Housing Benefits. If you are in doubt, apply - it won t cost you anything but could save you money. 5.Difficulty in paying your rent If you experience difficulty paying your rent (including while any benefit application is being processed) you should contact your Housing Officer immediately. These officers can offer advice and will try to reach an 12
agreement with you to clear any arrears on your rent account. If you keep to the agreement made no further action will need to be taken. If you do not get in touch and the arrears continue to increase, or you break your arrangement, we will follow the rent arrears procedure to pursue the outstanding debt. A brief summary of the procedure is shown below. 6.Standard rent arrears procedures for Secure Tenants The Council s rent arrears procedure is aimed at: Early intervention - so that arrears do not build up Personal contact - so Housing Officers can help if you should experience difficulties. This is why it is important not to ignore any letters, visits, cards or telephone calls 1) First Missed Week, Letter 1 Initial contact will be made indicating rent is owing. 2) Second Missed Week, Letter 2 Further contact will be made requesting you contact the office regarding the arrears. 3) Third Missed Week if account is not clear, Home Visit A home visit will be made to discuss the situation. 4) Fourth Week, NOSP If arrears are not cleared or you break your agreement, a Notice of Seeking Possession will be served. This is the first stage in legal proceedings and gives you four weeks to clear any arrears on your rent account before further legal action is taken. 5) Court Application Court Action will be taken on expiry of the four week notice period unless the account is cleared or an agreement has been made and is being kept. Further contact will be attempted before a Court application is made. 6) Court Hearing The Court will summons you. We will attend the Court hearing and tell the Judge how you have been conducting your rent account and the amount you owe to the Council. The Judge will grant a legally binding Order giving details of what he expects you to do. 13
7) Eviction If you fail to comply with the Court Order we will commence with possession proceedings that will result in you being evicted from your property. 8) Court Hearing You can appeal to the Court not to be evicted and the Judge will hear your evidence. If you are granted a stay (a second chance) by the Judge we will monitor your arrears closely. If they do not reduce in line with the Court Order we will make a further application to the Court to evict you. 9) Bailiff A Bailiff will be instructed to remove you and your family from the property. Once you have been evicted from your home, the arrears will still have to be paid along with any Court costs incurred. Should you breach a Suspended Possession Court Order you will become a Tolerated Trespasser. This means you lose your Security of Tenure (all rights as a Secure Tenant) including the Right to Buy. This remains even when you have cleared your account and you would have to apply to the Court to become a Secure Tenant again. The Council may object to this request. The rent arrears procedure for Non Secure Tenants is simpler as they do not have the same Security of Tenure. Remember: do not ignore any letters, visits, cards or telephone calls that you receive regarding rent arrears. If you are out when an officer calls a card will be left for you to contact your Housing Officer. It is important to maintain contact with your Housing Officer throughout this process as they are here to try and help you. If you are evicted and make a homeless application to this or any other local authority you or any other adult may be classed as intentionally homeless and therefore not offered any alternative permanent accommodation. We do not want to see you lose your home due to rent arrears, it is an unpleasant experience for all. Please make contact with us immediately you think you may have difficulty in making payments. Welfare Rights Advisory Service can help with debt problems and they can be contacted on 01536 265501. 14
7. Renting a garage You can apply to rent a garage from the Council. Disabled applicants will be given priority on garage allocations. All new garage tenants are requested to pay their garage rent by Direct Debit and are expected to maintain this method of paying throughout the tenancy. Please note that garage forecourts/ parking areas are there for the use of currently taxed, insured and roadworthy vehicles. Deteriorating vehicles will be removed for disposal and the Council will seek to recover the costs of disposal from the owner. We will rent out our garages for storage where there is no demand for vehicles but our garages cannot be rented for business use. 15
Use of your home The details below deal with various aspects of how you can or cannot use your home. This section covers 1. Principal home 2. Lodgers 3. Sub-letting 4. Extended holidays 5. Running a business 6. Car parking/caravans/trailers 7. Keeping your home and communal areas clean and tidy 8. Gardening service for elderly and disabled residents 9. Neglect 10. Infestation 11. Disposing of rubbish 1. Principal home You must occupy the premises as your ONLY and principal home. This means the premises must be your permanent home and you cannot live elsewhere. If you do you may lose your rights as a tenant and the Council will serve Notice to bring your tenancy to an end. 2. Lodgers For Secure Tenants permission is not required to take in lodgers, but the Council should be informed of the lodger(s) name(s) in writing. It is an offence for you to allow your dwelling to become statutorily overcrowded. Guidance on this can be obtained from a Housing Officer who can tell you the permitted number of lodgers allowed in your home. If you have a lodger you must remember that if you are in receipt of Housing Benefit you must inform that section immediately, it may mean your Housing Benefit is reduced. Your lodger will have no permanent Security of Tenure and the Council will not normally rehouse them if you want them to leave. If you want your lodger to leave, the 16
Council cannot act on your behalf, although you can get advice from your Housing Officer. If you do take in a lodger remember you are responsible for their behaviour - the Council will take any legal action necessary on you as the tenant. You must not evict a lodger without advice, because they too have legal rights. Remember if you have an Introductory or Non Secure Tenancy you do not have the Right to take in a Lodger. 3. Sub-letting Sub-letting means renting out parts of your home. You must not do this without first obtaining the Council s written permission and you must not sub-let the whole of the property as this will affect your rights as a Secure Tenant. As with taking in a lodger, sub-letting may affect any Housing Benefit you receive. The differences between a lodger and sub-tenant are as follows. The person living in your home will be a sub-tenant if: They have their own separate living arrangements There is a formal agreement for the person to have responsibility and control over some part of your home They do not take meals with you The person living in your home will be a lodger if: They do not have their own separate living arrangements but share these with you, for example bathroom facilities They have meals with you You keep control over the parts of your home, including where the person lives 4. Extended holidays If you intend to be away from your home for a long period (for example for a holiday) you should make appropriate arrangements for the security of your property. It would also be helpful to provide a contact name and address in case of emergencies. One of the reasons we need to know this is so that we can tell when a property has been abandoned. If a property appears to have been abandoned we will make every effort to contact you. If we are unable to make contact with you then on some occasions we have no alternative but to serve a Notice and take action to end the tenancy. With the great demand for our accommodation we need to ensure that all our homes 17
are lived in. If you are away from your home for a long period of time, for example to care for a sick relative who lives out of town, please advise your Housing Officer who will place a note on file. Please also remember to take precautions to turn off your water supply to prevent burst pipes. This is to avoid possible damage to your home and others. You will also need to advise the Housing Benefits section if you are claiming benefits. 5. Running a business You must not use the premises for any business or trade purposes without first obtaining our permission and planning permission. While we would judge every case on its individual merit, we would not allow certain businesses. Examples include: Carrying out a car-repairing business Operating a taxi service from the premises Running a business that caused noise or nuisance to neighbours Running a business that involved many people visiting your home Running a business that breaks planning consent and requirements 6. Car parking/ caravans/trailers You should not park or allow vehicles to be parked of any description upon any forecourt, grass verge or area maintained as an open space, adjoining or adjacent to your property or within its curtilage. Vehicles should only be parked in a properly constructed garage, or on a parking space or hard standing approached by a properly constructed driveway and approved by the Council. 7. Keeping your home and communal areas clean and tidy You must keep your home in a clean, tidy and healthy state. This includes your responsibility for internal decorations. You should also keep the garden properly cultivated and cared for, and keep trimmed and tidy all hedges and shrubs. Failure to do this could be treated as neglect. If you live in premises with communal areas you are also responsible for ensuring these areas are kept clean and tidy. 18
8. Gardening service for elderly and disabled residents This service is available to tenants and residents on request. This is a basic service to keep growth down. Grass and hedges to the front and back of the property will be maintained between April and October for an annual fee. It is anticipated grass will be cut approximately every three weeks and hedges will be cut three times per season. This can be paid for in a lump sum or can be added to your weekly rent. If you require this service it can be arranged at sign up of the property or through the One Stop Shop. 9. Neglect You must not allow the condition of your property to deteriorate owing to acts of neglect or default by yourself or any person residing or visiting your property. If you do so we will charge you for putting it right. In extreme cases we may also take action to evict you from the property. 10. Infestation Pest Control Section in our Environmental Health Department on 01536 464073 or visit the One Stop Shop. 11. Disposing of rubbish There is a regular domestic refuse collection service provided by the Council. If you have been provided with individual wheeled bins and boxes for your refuse and recyclable materials, it is your responsibility to put the bins out at the roadside on the day of collection and return them to the storage place as soon as possible after being emptied. Corby Borough Council operates a recycling scheme and extra boxes and further information can be obtained by visiting the Recycling and Refuse pages on our website at www.corby.gov.uk or by telephoning our One Stop Shop on 01536 464242. For other items such as free standing bulky household furniture there is a free collection available. Please telephone our One Stop Shop to arrange collection. If you have a problem with rats, mice, fleas, bedbugs or cockroaches in your home you should contact the 19
Moving home and ending your tenancy In this section we explain the ways you are able to move to another property and how you can end your tenancy. This section covers 1. Transfers 2. Mutual exchanges 3. Home Swap 4. Assignment 5. Succession 6. Keeping a will 7. Terminating your tenancy 8. Compensation for improvements 1. Transfers A transfer is where you move to another empty Council home because your existing home no longer meets your needs. Reasons you may want to transfer could be because your home has become too big or too small for your needs or you need to move due to medical circumstances. If you feel you qualify for a transfer then please contact the One Stop Shop to complete a housing transfer form. You can apply for a transfer at any time during your tenancy, although you need to hold the tenancy for two years before you can register. We will assess your needs according to our Lettings Policy and inform you whether or not you have been accepted onto the transfer list. You must also have a clear rent account and have not breached any other conditions of your Tenancy Agreement. If you have a Non Secure Tenancy you will not be able to apply for a transfer. 20
2. Mutual exchanges Mutual exchanges are a way for you to swap your home and tenancy conditions with another tenant of Corby Borough Council, any other Local Authority or Registered Social Landlord. Exchanges can be a quicker way for you to move. Exchange registers are kept at the One Stop Shop. If you have registered for an exchange or transfer, we can do a computerised matching upon your request. As a Secure Tenant you have a right to exchange but approval will be subject to the following: Both parties having a clear rent account Satisfactory inspections of your home The home you wish to move to is appropriate to meet your needs in size and type We will give a written decision of your request to exchange with another tenant within 42 days of receiving your application. You must get written permission from us and the other landlord, if you are exchanging with another council or Registered Social Landlord, before the exchange can take place. This is unless we do not reply to your request for an exchange within the stated 42 days. Only Secure Tenants have the Right to Exchange. 3. Home Swap This scheme can put you in contact with tenants in other parts of the country who want to move to Corby. A list is held at the One Stop Shop. 4. Assignment Assignment means passing your tenancy onto someone else. You may not do this except under the following circumstances: A Court has made a Property Adjustment Order in connection with divorce or childcare proceedings. You exchange your home with another tenant of a local authority or Registered Social Landlord and we have approved the exchange in writing - see Mutual exchanges. You assign the tenancy to a person who would be legally entitled to succeed to the tenancy. If you wish to assign the property to someone and the property is unsuitable for his or her needs, 21
action may be taken to prevent this from happening. If you wish to consider assigning your tenancy, you must seek further advice from your Housing Officer. Assignment can only happen once. 5. Succession It may be possible for your spouse or a member of your family to take over your tenancy in the event of your death. This is called a Succession and only one succession is possible in law. The person who takes over the tenancy is called a Successor. If you are a joint tenant the tenancy will become a sole tenancy in the surviving tenant s (the successor) name. The following people also have a right to succeed a secure tenancy if no other succession has taken place: a) A husband, wife or someone of either gender living with the tenant as their partner at the time of death and lives in the property as their only or principal home. If more than one of the deceased family qualifies for, and wants the property concerned, then they should agree between themselves who is going to claim the tenancy. The Council can make the final decision on who should succeed the tenancy. If a succession means that the successor is living in a home which is too large for their needs or is suitable or been adapted for a disabled person we may offer a more suitable property to transfer to. Action cannot be taken to insist you transfer until between six but before 12 months from time of death. Please remember that a succession can only take place once. Succession legislation can be complicated - you should always seek advice from your Housing Officer or independent legal advice on this matter. Any changes in the occupation of the property must be notified immediately to the One Stop Shop or your Housing Officer. b) Another adult family member, such as a son or daughter or close relative, and they have resided with the deceased tenant for at least the previous 12 months and have no other home. 22
6. Keeping a will We would advise you to make and keep a will. An executor of your will has the power to end your tenancy after your death. If you die without making a will we may have to bring the tenancy to an end by serving a Notice on the Public Trustee Office. This can delay the process of allocating the property to someone else in need. Also the rent will fall to your estate and will continue to accrue until your tenancy has been terminated. We will treat your family and executors with respect, providing them with advice and assistance in dealing with the property and tenancy. 7. Terminating your tenancy If you want to end your tenancy you must give us at least four weeks written Notice to Terminate. A form can be obtained at the One Stop Shop. The period of the notice must end on a Sunday and keys need to be handed in before 12 noon the next day. Under certain circumstances this period can be negotiated. All keys should be returned to the One Stop Shop by no later than midday on the Monday immediately after your tenancy ends. If we do not receive your keys you will be charged further rent. Before returning your keys please make sure that the following has been done: All furniture, carpets and belongings have been removed. All cupboards and sheds have been cleared. Doors are locked and windows and sheds secured. No rubbish or unwanted items are left in your home or garden. If you have moved and left unwanted items behind you will be charged for the cost of clearing them which could be more expensive. Remember to provide the utility companies, gas, electricity and water with your final meter readings. If you are in receipt of benefit please advise the Council Tax and Housing Benefit section of your change of address. Provide us with your forwarding address and redirect your mail. If after you have left your property we have to do any work that is more than fair wear and tear you could be charged for the cost of the work. If you are a joint tenant the tenancy can end if one of the tenants gives 23
Notice to Terminate. If this happens you should contact your Housing Officer immediately. 8. Compensation for improvements If you have made certain types of improvements to your home after 1 April 1994 and received our written permission to do the work, you may be entitled to claim back some of the costs. You cannot make a claim until you have given us notice of your intention to terminate your tenancy. The latest you can claim is 14 days after your tenancy ends. If you do qualify for compensation an officer will visit the property to inspect the improvements. We will then work out the amount of compensation due which depends on the age, quality and condition of the improvement. Remember: if you have a Non Secure or Introductory Tenancy you do not have the Right to Improve or Alter your Home. Therefore you will not have the Right to Compensation for Improvements. National Fraud Initiative The National Fraud Initiative is a computerised exercise carried out to detect fraud against local councils. Corby Borough Council is required under section 6 of the Audit Commission Act 1998 to take part in the exercise, which involves supplying information to the Audit Commission for use in crosssystem and cross-authority comparison for the prevention and detection of fraud. Tenancy information has to be included and therefore, we will be required to provide details of tenants names, addresses, dates of birth and arrears data. photo by GSS Architecture Tenants are advised that the date held by the authority in respect of their tenancy will be used for this purpose. 24
Information to Secure Tenants - the Right to Buy What is the Right to Buy? The Right to Buy means that you can buy your home at a price lower than the full market value. This is because the length of time you have spent as a tenant entitles you to a discount. Your house or flat must be your only home and must be self-contained for you to be eligible to buy it under the scheme. Certain types of properties such as schemes designed for the elderly or specially built homes for the disabled are excluded. In order to qualify to buy your home you must have spent at least two years as a Secure Tenant or public sector tenant. However, if your tenancy began after 18 January 2005 you do not have the Right to Buy until you have spent at least five years as a Secure Tenant or public sector tenant. A public sector tenant is defined as the Secure Tenant of a district council, a county council or county borough council or a London borough council. There are many other councils and authorities whose Secure Tenants can also be categorised as public sector tenants. For more information contact the Right to Buy office at Corby Borough Council. As a tenant of Corby Borough Council you are a public sector tenant. You will be unable to buy your home if a Court makes a possession order which says that you must leave your home or if you are a Tolerated Trespasser (see Your Rent, page 14). You cannot buy your home if you are an undischarged bankrupt or have a bankruptcy petition pending against you or have made an arrangement with creditors and you still owe them money. For further information, see the Tenants Information: The Right to Buy booklet included in this pack, or contact the Council s Right to Buy Officer on 01536 464653. 25
Tenancy Agreement Secure Tenants Your Tenancy Agreement is a legal contract. It describes the rights and responsibilities of Corby Borough Council and of you the tenant. Further information regarding your Tenancy Agreement can be found in the Tenants Pack. 1. About your Tenancy Agreement 1.1 This agreement makes you a Secure Tenant. 1.2 It means you keep your home as long as you want it unless there is a legal reason why the Borough Council wants to take it back (called a ground for possession in the Housing Act). A Court has to agree with the Council's request to evict you or to move you to another home. This could be for one of two reasons: 1.2.1 Because of your own action or the action of someone living with you or visiting you: You must have broken a rule in this Tenancy Agreement or given false information in your housing application. In these cases we will not offer you another home. 1.2.2 Because special circumstances mean the Council must move you out: This could be either temporarily or permanently. These circumstances are described in this agreement (see sections 3.6, 6.14). You will be offered a suitable alternative home and may get compensation or help with moving costs (or both) depending on your circumstances. 1.3 If the Council decides to take action to end your tenancy we will inform you by delivering the legally required notice to the address of the agreement. The notice will be posted to, or left at the property or given to you personally. If we need to send you any other legally required notice we will follow the same procedure. 2. Your rent 2.1 You must pay your rent. It must be paid on time. Your rent is due every week but you can pay in advance every two weeks or every month if you prefer. There are occasional free weeks when no rent is due (If you are in rent arrears then you must continue to pay in these weeks). 2.2 If you do not pay your rent, or pay it persistently late, the Borough Council can go to court to get legal permission to evict you from your home. If you have any difficulty paying your rent you should phone the Council s rent section immediately. 2.3 If you are joint tenants you are each responsible for all the rent and for any rent arrears. The Borough Council can recover all rent arrears owed for your home from any individual joint tenant. So if one joint tenant leaves, the remaining tenant or tenants are responsible for any rent that may still be owed. 26
2.4 The amount of rent you pay depends on the amenities in your home and on its size, type and location. 2.5 Your rent includes an amount to pay for tenant involvement in decisions about the Council s housing service. 2.6 The rent may be increased or decreased from time to time. These changes are usually once a year, but they may be done as and when required - normally when there is a change in the level of service or charge. You will be told in writing at least four weeks before any rent change. 2.7 You must repay any money you owe us from a previous tenancy - such as rent arrears or the cost of repairing deliberate damage. If you do not keep to an arranged repayment plan, the Council can go to court to get legal permission to evict you from your home. The Council will also pursue any debt you owe from a former tenancy as a separate debt. 2.8 We have the right to charge you for any new service we provide for your home. The cost will be charged as part of your rent. We will tell you in writing, at least four weeks before we do this. 2.9 Some tenants pay for extra services as part of their rent. Your Housing Officer will tell you if you are one of these tenants. These charges will be separately listed on your rent card and any statement that is sent to you. 3. Repairs and improvements Council s responsibilities 3.1 We must keep the structure and exterior of your property (including drains, gutters and external pipes) in repair. We must keep in repair and proper working order: installations for supplying water, gas, electricity and sanitation. This includes basins, sinks, toilets, baths. It does not include other fixtures and fittings or your own appliances that use the water, gas or electricity supplies; and installations for supplying heat and hot water; and the common parts - stairs, lighting, and lifts. 3.2 We must weatherproof the outside of your home. This may include painting the outside of your home at regular intervals if required. 3.3 We must do repairs in a reasonable time. When you report a repair we will tell you when the work will be done by (this depends on how urgent it is). 3.4 We must clear up after a repair. We will leave the decoration as close as possible to how it was before the work was done, or give you an allowance. For more information, please look at the Repairs, maintenance and improvements booklet or contact the Council s housing repair section. 3.5 We must give you or send you written confirmation of your request for a repair (unless it will be done within a 27
short period of time). Keep this confirmation in case you want to make an enquiry later. 3.6 There are special circumstances when the Council has the legal right to take possession of your home because work needs to be done on it. They are: If your property needs to be empty for major building repair or for complete redevelopment or because it has to be demolished. You will be offered a suitable alternative home. You may get compensation or help with moving costs (or both) depending on your circumstances. Your move could be permanent or temporary. If you agree to a temporary move we have the right to take possession of your temporary home when the work on your original property is finished. Tenant s responsibilities 3.7 You must report any faults or damage immediately to the housing repair section. 3.8 You must pay for repair or replacement if you (or anyone living with you or visiting your home) causes damage deliberately (smashed windows or broken doors for example). You must also pay for repair or replacement if damage is caused by your own neglect. The costs may be charged on top of your rent. 3.9 You are responsible for small repairs like unblocking sinks. A full list of the repairs you are responsible for is listed in the Repairs, maintenance and improvements booklet. Housing may do some of these jobs for you if you are elderly or disabled. 3.10 You must allow Council workers or people sent by the Council into your home to inspect and carry out repairs and improvements. In emergencies we will need to get in immediately to prevent risk to you or your neighbours. If you do not let us in we could take legal action to enter your home and you may have to pay our costs. All of the Council s employees and anyone sent by the Council to work in your home carries formal identification. Always confirm the person s identity before letting them into your home. If unsure, please call us to check on 01536 464020. 3.11 You must allow Council workers or people sent by the Council into your home to inspect and carry out annual gas servicing of appliances. If you do not let us in we could take legal action to enter your home and you may have to pay our costs. Remember that all of the Council s employees and anyone sent by the Council to work in your home carries formal identification. Always confirm the person s identity before letting them into your home. 3.12 You are responsible for decorating inside your home. We might be able to help if you are elderly or disabled. 3.13 You are responsible for repairing and maintaining your own equipment such as cookers or washing machines and any improvement you have put in yourself (unless you have an agreement for us to repair and maintain it). 28
3.14 You must not remove walls or take out any other part of your home without the Council s agreement in writing. 3.15 If you make an improvement or alteration to your home without our written agreement we may tell you to return the property to how it was before. If you don t, the Council will do the work and make you pay for it. Tenant s rights 3.16 You have the right to get repairs done on time. In some cases you have a legal Right to Repair - you may be able to get compensation if certain repairs are not done on time. Contact the Council s housing repair section for more information. 3.17 You have the right to make improvements to your home. These could range from relatively minor alterations/additions to the construction of extensions, conservatories, garages and the like. Before you commence any work you must get the Council s agreement in writing, having made a written application complete with any relevant drawings. This is because the Council can only give permission for work which has been clearly described. This benefits both you and the Council as we can advise on the relevant statutory permissions which may be required. Furthermore we may also advise on the presence or otherwise of asbestos, which may affect your plans and could prevent accidental contact with potentially harmful asbestos fibres (many homes throughout the country were built using asbestos containing products). You have a legal duty to make any workers/contractors hired by you aware of the presence of asbestos in the areas to be worked on. We will not refuse permission for alterations unless there is a good reason. If you make an improvement you can ask us to repair and maintain it for you. If you do get this agreement we may increase your rent to cover the extra costs of repair and maintenance. Contact the Council s housing repair section for more information. 3.18 You may have the Right to Buy your home. Further details are contained in the Tenants Information: The Right to Buy booklet. 4. Community responsibilities Everyone has the right to enjoy life in their own way providing they don t upset people living near them. The Council will help people solve their problems peacefully but we will take action quickly when this fails and in cases of harassment or victimisation. Council's responsibilities 4.1 We must give you, and anyone living with you, help and advice if you report anti-social behaviour. We will investigate your complaints, keep you informed and take appropriate action to tackle the problem. Tenant s responsibilities 4.2 You are responsible for the behaviour of every person (including children) living in or visiting your home. You are responsible in your home, on surrounding land, in communal areas (stairs, lifts, landings, entrance halls, paving, shared gardens, parking areas) and in the locality around your home. 29