This important section describes some of the important parts of your Tenancy Agreement. It explains what you can and can’t do with your home and it explains how your tenancy can be passed to other people.
A home for life
Your tenancy can offer you the security of a home for life. Provided you follow the terms of your tenancy we will not normally take steps to end it. Your tenancy can only be ended by you or by a Court Order. A Court Order will only be given if the Court is satisfied that you have broken the terms of your tenancy and consider it appropriate to do so. See the ending your tenancy section below for more information.
The Tenancy Agreement is legally binding. By signing it you agreed to abide by our terms. You also accepted the responsibilities of being a householder.
To fulfill your obligations, we expect you to:
Lodgers and subletting
You must have our permission to take in lodgers or sublet all or part of your home. (A lodger is someone who lives as part of your household. Subletting means that the person(s) look after themselves entirely.) We would normally give permission unless it would cause overcrowding in your home. If you do not get permission from us, we may apply to a court to repossess your home. Please note that if you take in a lodger or sublet part of your home, you may get less Housing Benefit or Income Support. You are responsible for the behaviour of your lodgers and subtenants whilst they are in your home.
If you are going away
You must have our written permission to go away from your home for 28 days or more. If you do not then you may lose your rights under your Tenancy Agreement. You should also make sure your rent is paid and that someone is able to look after your home while you are away. We understand that this may not always be possible if you live alone and are away from home due to an emergency such as being taken into hospital suddenly.
Damage
You must not damage your home or interfere with any security and safety equipment. If you, or your pets, damage or spoil our property, we may charge you for repairs or replacements. We may also apply to a court to repossess your home.
Improvements
You must have our written permission to make improvements to your home. This could include installing your own central heating, building a conservatory or putting up a shed. We will not refuse your request without good reason, but we may insist that the works are carried out to a certain standard. We may also inspect them. You may need to get planning permission and building regulations approval from the local authority. If you end your tenancy, you may be able to get compensation for any improvements you have made. The amount will be worked out in line with government guidelines.
Pets and animals
You must have our permission to keep any animals, birds or pets. We will not give permission to keep any wild or dangerous animals. If you do have a pet you must:
• Keep it under proper control at all times;|
• Not allow it to cause a nuisance (including excessive noise) or danger to people or other animals;
• Not allow it to damage our property; and
• Not allow it to foul any shared or public areas.
Running a business from your home
You must have our written permission to run a business from your home. If you run a business without our permission we may apply to a court to repossess your home. If your business causes nuisance, we may withdraw our permission to run the business. You should also check if you need planning permission from the local authority.
Succession
Succession is passing tenancy of a property to another family member if you die. That person is called the ‘successor’. Succession can happen provided that:
• The successor has been living with you for the past 12 months;
• It is the first time the property has been passed from one member of your family to another; and
• It will be the successor’s only home.
Succession applies to joint tenancies where, if one partner dies, the tenancy is passed to the remaining partner. If it is considered that the property is not suitable for the successor we will offer another, more suitable property. Sometimes we may agree to family members staying in the property even when there is no right of succession.
Assignment
Assignment is handing over tenancy of your property to another family member if you do not want to live there any longer. You may be able to assign it provided that:
• The family member has lived with you for the past 12 months; and
• You have not succeeded to the tenancy from someone else.
Before you assign your property you must check with your Neighbourhood Officer to make sure that you are entitled to assign it. You will then need a solicitor to draw up a ‘deed of assignment’, which will be sent to us.