About your Tenancy Agreement
FAQs (frequently asked questions) outlining your rights and responsibilities as a tenant:
What responsibilities and rights do I have as a secure tenant?
What are my key responsibilities?
What happens if I have a joint tenancy and my relationship ends?
Can I sub-let or take in lodgers?
Can I go away but still keep my tenancy?
Can I transfer my secure tenancy to someone else?
What happens to my tenancy when I die?
Would my successor have to move?
What happens when the succession has been passed on once already?
What responsibilities and rights do I have as a secure tenant?
If you have a secure tenancy you have rights and responsibilities as contained in your tenancy agreement.
Your tenancy agreement is a legal contract between the Council and you. A secure tenancy grants you the right to live in your home provided you comply with our conditions as laid out in your tenancy agreement.
Some of your key responsibilities are:
- Pay your rent in full and on time.
- Pay suppliers for the service you use - gas, electricity and council tax etc.
- To occupy the property at the start of the tenancy and do not part with possession or sublet without the Council's consent.
- That you live in the property as your only or principal home.
- Ensure the property is not used for illegal or immoral purposes.
- Ensure that the behaviour of everyone who lives with you or visits your home does not cause a nuisance, annoyance or harassment to anyone.
- Ensure that no one living in or visiting your home verbally or physically abuses, threatens or assaults anyone.
- Take care of your home and not cause damage.
- Keep the interior of the property in a good state of repair, decoration and cleanliness.
- Keep any pets living with you or visiting under control so they do not create a noise or nuisance to the neighbourhood.
- Report repairs and provide access for repair and maintenance contractors.
- Keep gardens tidy and free from rubbish.
- That when moving out give at least four weeks notice in writing. The property must be left with vacant possession and keys returned promptly to us.
- Your rights as a secure tenant are set out by law and are contained in our Tenant's Charter. A leaflet on the Charter is available on request from the Housing Department.
Some of your key rights are:
- You can live in your home for the rest of your life as long as you comply with your tenancy agreement.
- You have the right to pass on your tenancy by succession or assignment.
- You have the right to exchange your home with another Council or housing association tenant provided you have obtained prior written consent from the Housing Department or housing association (your future landlord).
- You may have the right to buy your home.
- You have the right to repairs which are the Council's responsibility.
- You have the right to make improvements to your home, provided you have obtained prior written consent.
- You will be consulted about substantial changes that will affect your tenancy.
- You have the right to a written tenancy agreement which forms the contract between you and the Council.
What is a Temporary Tenancy?
Temporary tenancies are granted under the provisions of Part 7 of the Housing Act 1996 (as amended by the Homelessness Act 2002) where the Council has a duty to provide accommodation for a homeless household. These are not secure tenancies and therefore do not enjoy the rights enjoyed by secure tenants.
What is a Joint Tenancy?
The Council grants joint tenancies when applicable. A joint tenancy means that two people are equally responsible for ensuring the tenancy conditions are met. This includes the responsibility to pay rent.
If one of the joint tenants does not pay the rent, the other joint tenant can be held responsible for paying the rent and any arrears. Both tenants have the right to live in the property until the tenancy is ended.
What happens if I have a Joint Tenancy and my relationship ends?
If the relationship breaks down we cannot decide who keeps the tenancy - you need to either agree between yourselves or it can be decided by a court. If you cannot agree on who will take over as sole tenant you will need to take some legal advice. You will need to inform the Housing Department as to what you are going to do?
Can I sub-let or take in lodgers?
A sub-tenant is someone who pays you rent but lives separately from the rest of your household. You are not allowed to sub-let the whole of your home - this is a serious breach of your tenancy agreement.
If you wish to sub-let part of your home you must obtain our written permission first.
A lodger is someone who pays you rent, eats a meal with you and shares your home. You can take in lodgers but you must tell us.
You must not take in a lodger if this will result in unreasonable disturbance to neighbours or in the property becoming overcrowded.
Please note that if you receive housing benefit taking in lodgers or sub-letting will affect your entitlement.
Can I go away but still keep my Tenancy?
As a secure tenant you can only be evicted if the Council obtains a Possession Order. We can apply for a Possession Order if you seriously breach your tenancy agreement.
Some examples of reasons for seeking a Possession Order are:
- persistent refusal to pay rent
- nuisance or annoyance to neighbours
- not occupying the property as your principal home
- if the tenancy was obtained by deliberately giving false information
- any other persistent breaches of the tenancy agreement
Can I transfer my secure Tenancy to someone else?
Secure tenants have the right to assign their tenancy to another person in the following circumstances. A deed of assignment must be used and you can only assign your tenancy once.
- If you are exchanging your property with another secure tenant - before assignment can go ahead you must obtain written permission from the Housing Department or housing association (your future landlord).
- If a court order has been obtained in matrimonial proceedings.
- If you wish to assign the tenancy to someone who would succeed to your tenancy on your death.
What happens to my tenancy when I die?
A secure tenancy can be passed on at death - this is known as the Right to Succession. The tenancy can only be passed on once.
- If you have a joint tenancy it can pass on your death to the surviving joint tenant. They will need to contact the Housing Department to arrange this. It cannot be passed on again.
- If you are not a joint tenant the tenancy may be able to be passed on to your husband/wife/partner.
- If you do not have a husband/wife/partner then the tenancy can be succeeded by a family member if they have lived in the property for at least 12 months immediately prior to your death.
- The person who the tenancy gets passed on to is known as the "successor".
Would my successor have to move?
If your husband/wife/partner succeeds to the tenancy they will not have to move unless they want to.
If a family member succeeds they may have to move if they are under-occupying the property or if the property is not suitable for their needs. For example if a property has disabled adaptations which are not now required.
What happens when the succession has been passed on once already?
Your tenancy can only be passed on once. If on your death there is no right of succession we would consider granting a new tenancy to a husband/wife/partner if they had lived in the property for more than 12 months before your death. If the property is under-occupied we may offer a new tenancy at another more suitable property.
