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15 Linden Lea

This Tenancy Agreement outlines the rights and responsibilities of Together Housing Association Limited and the tenant, including details about the property, rent, and community responsibilities. It specifies the terms of the tenancy, including its duration, conditions for eviction, and the process for complaints. The agreement also emphasizes the importance of understanding its contents and provides information on legal actions that may be taken in case of breaches.
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0% found this document useful (0 votes)
13 views41 pages

15 Linden Lea

This Tenancy Agreement outlines the rights and responsibilities of Together Housing Association Limited and the tenant, including details about the property, rent, and community responsibilities. It specifies the terms of the tenancy, including its duration, conditions for eviction, and the process for complaints. The agreement also emphasizes the importance of understanding its contents and provides information on legal actions that may be taken in case of breaches.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 41

Tenancy

Agreement
Contents

Section Page

1.0 About your Tenancy Agreement 5

2.0 The Property 12-13

3.0 Rent 14-15

4.0 Rent and Service Charge Review 16

5.0 Use of the property and communal areas 17-24

6.0 Your community responsibilities 25-27

7.0 Sub-letting, assignment, exchange and transfer to 28-29


another property
8.0 Repairs, improvements, alterations and additions 30-32

9.0 Ending your tenancy 33-35

10.0 Right of succession 36-37

11.0 Tenant involvement, information and consultation 38

12.0 Your Right to Acquire 39

13.0 Acknowledgement of Tenancy 40

14.0 Appendix - Grounds for Possession 41-42

2
Tenancy Agreement

(HOUSING ACT 1988)


Do Not
This document is a legal Destroy this
contract. It sets out the Document
rights and responsibilities of
Together Housing
Association Limited and of
you the Tenant. When
signed, this document should
be kept for the lifetime of the
contract as you may need to
refer to it in the future.

Property:
15 linden Lea Rawtenstall
BB4 6DX

Landlord Name and address: Together Housing Association


Bull Green House
Bull Green
HALIFAX
West Yorkshire HX1
2EB

3
Important Notice

This Tenancy Agreement is an important We have a complaints process that is quick,


document. We will explain it to you and give clear and accessible and we will seek to
you a copy for your records. Please make remedy situations where we have got things
sure you understand everything in it before wrong.
you sign it. If there is anything you don’t
understand, please contact us. Our contact Guidance on how to make a complaint is
details are given on page 3. available on our website, at our offices or
on request.
We will do what we reasonably can to provide
you with copies of this Agreement in other After you have exhausted our complaints
formats, if you ask us to. If we can’t do this, procedure, but still feel that we have not
we will discuss the best solution with you. addressed your concern, you can refer your
Whatever format you have, it is this written complaint to the Housing Ombudsman
agreement which you have signed that will Service (conditions may apply – please see
be legally binding on you and us. guidance).

If you fail to meet your obligations under this Housing Ombudsman Service
Agreement, we may: 81 Aldwych
London
(a) take legal action against you, WC2B
including action to end your Tenancy; 4HN.
(b) charge you for any losses we incur;
If you want help in understanding this
(c) declare you to be a suspended Tenancy Agreement, then independent
applicant for the purposes of advice and information can be obtained
our allocation scheme, or other from your local Citizens Advice Bureau,
accommodation scheme. This may Housing Advice Centre, law centre or
affect any future applications for from a solicitor.
housing you make.

Where we refer in this Tenancy Agreement to


an Act of Parliament or other legislation, we
mean the legislation as it applies on the date
this Agreement is signed in the first instance,
but if the legislation is amended, re-enacted,
replaced or added to at a later date, the latest
version of the legislation will apply.

If you end this Agreement or if you fail to take


up occupation of the property, you may be
held liable for damages or rent until the date
this Agreement legally ends.

If you think we have broken this Agreement


or not kept to our responsibilities, please let
us know.

4
1.0 About your Tenancy Agreement

1.1 This Tenancy Agreement (‘the/this Agreement’) is between

Together Housing Association Limited

(a registered society registered under the Co-operative and Community Benefit Societies
Act 2014 with No. 28687R and which is registered with the Housing Regulator as a
‘Registered Provider’ (Registration No. L4160) (‘the Landlord/we/us/our’) and whose
registered office is at Bull Green House, Bull Green, HALIFAX, West Yorkshire HX1 2EB)
and the Tenant or Joint Tenants (‘the Tenant(s)/you/your’) known as:
Title Last Name First Name(s) Date of Birth National Insurance No.

Main MISS Marcroft Sarah 02/01/1976 JC983791D

Joint

1.2 Any reference to ‘you/your’ in this Agreement means you the Tenant, all Joint Tenants
and, where relevant, anyone living with you or visiting you.

You will be in breach of this Agreement (in other words, breaking it) if you or anyone
living with or visiting you do not comply with (obey) its terms. You are responsible
for the behaviour of everyone living with or visiting you, including children. You are
responsible for them in the property, in communal areas and in the locality of the
property.

1.3 The address of the property rented to you in this Agreement is:

15 linden Lea Rawtenstall

Postcode: BB4 6DX (‘the property’)

Property size 1 bed


Property type Flat

5
1.4 * Delete the non-relevant clause.
This Tenancy is a(an) Starter Tenancy (Starter Tenancy) (‘the Tenancy’) (Section 19A Housing
Act 1988).

It is a weekly periodic tenancy which begins on:

24/07/2023

(‘the Tenancy Start Date’) regardless of when this Agreement is signed and continues from week
to week until ended in accordance with this Agreement.
The Tenancy will be an Assured Shorthold Tenancy while you live in the property as your only or
principal (main) home.

This Tenancy will become an Assured (Non-shorthold) Tenancy in accordance with


Paragraph 3 of Schedule 2A to the Housing Act 1988 on the date which is 12 months after the
Tenancy Start Date UNLESS before this date:
a) you have been notified in writing that the period of your Starter Tenancy has been extended
under section 1.6 of this agreement, or
b) we have served a notice under section 21of the Housing Act 1988 that we require
possession, or a Notice Seeking Possession under Section 8 of the Housing Act 1988, or
c) we have started proceedings for possession against you.

In these circumstances your Tenancy will continue as an Assured Shorthold Tenancy until
the latest of any of the following dates (provided that in circumstances i) to iv) below this
Tenancy can not in any event become an Assured Non-shorthold Tenancy before the date
which is 12 months after the Tenancy Start Date):
i) any extended period of your Starter Tenancy has ended unless before that date we have
started proceedings for possession (in which case, the provisions set out below will apply), or
ii) six months after any Notice Requiring Possession or Notice Seeking Possession is given (or if
more than one notice is given - the date which is six months after the last of any such notices
is given) (if no court proceedings are issued within that time), or
iii) where the Court makes a final determination of proceedings for possession (including any
appeal(s), withdrawal or discontinuation) and does not make any order for possession (or any
other order sought by the us as the case may be) – the day after all rights of appeal have
lapsed following the final determination of any proceedings (and/or any appeal(s)) or
iv) where the Court makes a final determination of legal proceedings (including any appeal(s))
and makes an order for possession (of any description) (or any other order sought by us as the
case may be) – the day after all such orders granted have ceased to be enforceable, or
v) we inform you in writing that the Tenancy has converted to an Assured (Non-shorthold)
Tenancy.

OR

6
1.4

OR
1.4

1.5 * Delete the non-relevant clause(s).

This Agreement makes you an Assured Shorthold Tenant.

If you do not comply with the terms and conditions of this Agreement, the Tenancy can be
ended and you may be evicted. We may end the Tenancy for one or more of the reasons in
section 9. This Tenancy will automatically become an Assured (Non-shorthold) Tenancy after
12 months unless we take action to extend the probationary period and/or commence legal
proceedings.
As an assured shorthold tenant you do not have all the same rights as an assured (non-
shorthold) tenant.

OR

7
*Delete clause 1.6 if non-relevant.

1.6 Extension of the period of your Assured Shorthold Tenancy (Starter Tenancy)

We may extend the probationary period of your Starter Tenancy for reasons set out in our Starter
Tenancy policies from time to time. This includes (but is not limited to) where you have done
anything, or allowed anything to be done in the property, communal areas or locality that causes
or is capable of causing nuisance, annoyance, or harassment (or where we are carrying out an
investigation to see if any of these circumstances apply).

If we do extend your Starter Tenancy:


a) We will give you written notice of our decision to extend the period of your Starter Tenancy
at least 28 days before its due date of conversion. The notice will give reasons for the
extension.
b) You will have the right to request a review of our decision to extend the period of
your Starter Tenancy
c) The maximum period of extension will be 6 months after the date when the Tenancy was
due to become an Assured (Non-shorthold) tenancy
d) The extension may be used on its own or together with other means of enforcing the
terms of this agreement, e.g. injunction or possession.
1.7 Granting possession
We will give you possession of the property at the start of your Tenancy.
You agree to move into the property on the Tenancy Start Date. If you want to move in later, you
must discuss this with us.

We will not interfere with your right to live peacefully in the property unless:
a) we need access to inspect the condition of the property or to do repairs or other work to the
property or adjoining property (subject to reasonable notice, except in an emergency), or
b) we are entitled to possession at the end of your Tenancy, or if we think the property has
been abandoned and you are no longer living there, or
c) we have obtained a court order to exclude you from the property, or recover possession, or
d) you have told us that you are no longer living at the property and both we and you have
agreed that the Tenancy can end immediately.
1.8 Changing the terms of this Agreement
Neither you nor we can change the terms of this Tenancy without written agreement from both
you and us, except for any changes in the rent, service charge or provision of services.

1.9 Joint and several liability


If this is a joint tenancy, ‘you’ means each of the people named above, who are ‘jointly and
severally’ liable to comply with its terms and conditions. This means that each of you is
responsible for making sure that the conditions of this Agreement are kept to, including paying
the rent. We can recover all rent arrears and other debts owed for the property from any joint
tenant or from all joint tenants collectively, even if one joint tenant leaves the property.

1.10 Insurance
We will insure the property (the building) and any fixtures and fittings that belong to us.
You agree and accept that you are responsible for insuring your own contents, personal
belongings and any other items you are responsible for.

8
1.11 Notices
If you wish to serve any notice (including notice of legal proceedings) on us, you may
deliver the notice or send it by post to:
Company Secretary, Together Housing Association, Bull Green House, Bull Green,
HALIFAX West Yorkshire HX1 2EB
This notice of our address is given to you under Sections 47 and 48 of the Landlord and
Tenant Act 1987.

1.12 We will have properly served any notice about this Tenancy on you if we have handed
the notice to you; handed it to someone living at or visiting the property; posted it
through the letterbox of the property; attached it to the outside of the property or sent
it to the property by post.
1.13 A notice will be deemed properly served on the day it is given to you or if it is left at your
property, or two working days after posting if posted first class or four working days if
posted second class.
1.14 Money you owe us
You agree it is a condition of this Tenancy that you repay any money you owe us for a
former tenancy.
1.15 Payment of Former Tenant’s Debts
*Delete or insert at 1.15 to 1.18 below as appropriate. You agree that at the date of
signing this Agreement you owe us

£ for

relating to your former tenancy of

You agree to repay this debt at £ a week, on Monday in advance (for the week ahead).
1.16 You agree to pay this as well as the payments to be made under section 3 of this
Agreement, in accordance with sections 3 and 4 of this Agreement. We will decide how
to allocate payments you make as between any debts due under clauses 1.14 to 1.18
and section 3 of this Agreement.

1.17 You agree that if you do not make the payments set out above, you will be in breach
of this Agreement and that the former tenant’s debt will be payable to us in full
immediately.

1.18 You agree to tell us about any change in your circumstances that may:
• affect your ability to keep to this arrangement, or
• allow you to increase your weekly repayments.

9
1.19 Information Sharing

We will comply with data protection laws when collecting, using and sharing your personal
data. Your personal data will also be dealt with in accordance with our data protection
policies, procedures and privacy notices in place from time to time.
This may involve us holding and sharing your personal data with other agencies and
organisations at any time during or after this or any other tenancy, while keeping data
protection laws. The personal data will also be used in the same way and for the same
purposes after the end of this and any other tenancy you are offered.

For further information about how we use your personal data, please see our Privacy Policy
which is available on our website.

1.20 Consents
Where this Agreement states that our consent is required, we will not refuse it
unreasonably. In some circumstances we may give our consent only if certain conditions
are met.
1.21 Legal action
If you breach the terms of this Agreement, we will use any appropriate legal action
available to us, including:
• injunctions (to prevent certain behaviour or enforce your Tenancy terms)
• exclusion orders to prevent you from entering certain areas
• demotion (making your Tenancy less secure), and
possession orders.
1.22 Where you have been granted this Tenancy in order to receive support from us or
another agency, you must keep to the terms of any separate support contract(s)
(including payment of any charges due) while it is in place.

T h i s t e n a n c y i s a s u p p o r t e d t e n a n c y : No

If you breach the terms of any separate contract(s) then that will also amount to a breach
of this Agreement.

We may also seek to bring this tenancy to an end if the contract for support comes to an
end for any other reason. We will discuss this with you if that is going to happen, and
whether there will be any other accommodation available.

10
2.0 The Property

2.1 Depending on the description of the property at section 1.3 of this Agreement, the
property may be a house, a flat, or a room within a house or flat.

Where the property is a self-contained house, the whole house is included in the
Tenancy, together with any garden which is exclusive to the property.

Where the property is a flat or a room within a house or flat, only the flat or room is
included in the Tenancy. However, you may also use any communal areas or shared
gardens (you may be given more locally applicable information about arrangements for
sharing gardens).

You are also entitled to use any means of access to the property (and any gardens).

The fixtures and fittings are part of the property and belong to us. If furniture or floor
coverings included inside the property are to be maintained by us then you will pay
a furniture and fittings charge. Otherwise we may explain to you at the start of this
Tenancy whether any furniture or floor coverings left in the property by a previous
occupant is to be“gifted” to you and maintained or replaced at your own expense.

*Delete or insert at 2.2 to 2.3 below as appropriate.

Rights reserved by the Landlord

2.2 We reserve the following rights:

Rights granted by the Landlord


2.3 We grant the following rights:

2.4 Number of people allowed to live in the property


The maximum number of people (including children) allowed to live in the property is:
2

11
3.0 Rent

3.1 The rent (‘the rent’) is:


Base Weekly Rent
(for Use and Occupation) £76.11

PLUS Service charge for the following: Insert if applicable


0 0

0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Other Charges
0 0
0 0
0 0
0 0
0 0
0 0
0
0 Total rent 76.11
Items where a weekly charge figure is inserted are the services provided at the start of your
Tenancy, which you may have to sign other agreements for. You may be able to claim housing
benefit or Universal Credit as part or whole payment of the rent, but benefits will not pay for
some service charges. You are responsible for paying the whole rent including any service
charges, even if this is not covered in full by benefits (whether temporarily or permanently).

12
3.2 Paying the rent Any change may affect the amount of
service charge you pay.
You agree to pay the rent on Monday
each week in advance. If we accept We will review this in line with section
payment from you at any other time, 4.
you are still responsible for paying
the rent every Monday. If you do not pay the rent, or any
If you have difficulty paying part of it, we may stop providing the
the rent, you should contact us services.
immediately.
If we do so, your duties under this
If you do not pay your rent in full
Agreement remain the same.
and on time then your home is
at risk – you can be evicted and 3.4 Other charges
you may not be entitled to be re-
You agree to pay council tax and any
housed which means you and your other local council, water authority or
family could be left homeless. other service providers’ charges.
3.3 Services
We will provide the services for 3.5 Housing benefit/Universal
the property set out in section 3.1 Credit
where a charge is indicated as being
If you claim housing benefit or
payable.
Universal Credit, you agree you must
tell us immediately of any changes
We charge an equal amount to all
that may affect how much you get.
properties receiving each service.
If you get an overpayment that
We may increase, add to, remove,
must by law be repaid and we have
reduce or vary the services after
to repay it on your behalf, we may
consulting with you on any changes
recover that amount from you. We
we wish to make. We will only
may do this by adding the amount to
remove, reduce or vary a service
your rent account and recovering the
either where we are required to do
debt from you as rent arrears.
so by law, or where it is no longer
technically or financially viable to
provide the service or the service 3.6 Your rent account at the end
is obsolete, or in order to keep of your Tenancy
providing an equivalent service in a
If at the end of your Tenancy your
different way. We will only increase or
rent account is in credit, we will repay
add to the services either where we
you the credit but without adding
are required to by law, or to provide a
interest. If we do not have your bank
replacement for an obsolete service,
or contact details and you do not tell
or where we are acting reasonably
us how to pay you any credit within
and the introduction of the service is
6 months of the end of your Tenancy,
supported by the residents who are
then we may keep the credit balance
affected.
as our own money.

13
4.0 Rent and Service Charge Review

4.1 Initial review of your weekly We charge an equal amount of


rent the sum we allocate towards
administration of service charges as
We will set the rent on the first
between all the properties receiving
Monday in the April after the start
the services in question.
of this Tenancy to be no more than
that which the Residential Property
Tribunal (or such similar tribunal) 4.4 Optional improvements
would assess as being a Market Rent
We are committed to maintaining
for the property at the date from
the standard of our properties and
which the rent increase is effective.
we may develop more improvement
We will give you notice in writing of
programmes in the future, under
the change.
which we may offer you a range of
optional improvements for your
4.2 Further reviews home, to which you can say ‘Yes’ or
‘No’, for example – improvements to
After the first rent setting explained
the kitchen or bathroom.
in section 4.1 we may reset the rent
on the first Monday in April each
If, with your consent, we do any
year after giving at least one month’s
optional improvement work to your
notice to you in writing. This notice
property, we may increase the rent
will state the new rent which will
from the date we complete the
be no more than that which the
improvements. The increased rent
Residential Property Tribunal (or
figure will then be subject to the
such similar tribunal) would assess as
usual annual rent setting.
being a Market Rent for the property
at the date from which the rent
Before we do optional improvements,
increase is effective.
we will agree with you how much
extra rent we will charge after they
We may raise the rent at any time
have been completed.
after making certain ‘optional’
improvements to your property (see
paragraph 4.4).

4.3 Service Charges


We will state the charges for any
services we provide. The services you
get are listed in paragraph 3.1.

We make fixed service charges for


these services and will review them
once a year in line with sections 13
and 14 of the Housing Act 1988. We
will give you one month’s notice of
any service charge increase.

14
5.0 Use of the property and use of
communal areas
If the property is your only or 5.3 Overcrowding
5.1 principal (main) home You agree not to allow the number
You agree you (or at least one of of people occupying the property to
you if you are a joint tenant) must exceed the number stated in section
start to live in the property on the 2.4 and you agree you must tell us if
Tenancy Start Date, furnish it and the number of people living in your
use it as your only or main home. property changes from when you
signed this Agreement.
If the property becomes
5.2 If we have reasonable grounds overcrowded because your
for believing that you are not household has increased, you
occupying the property as your agree you will seek alternative
only or main home or that it has accommodation suitable for your
been abandoned, we will be increased needs.
entitled to serve a notice on you,
requiring you to give up possession If you wish to apply to us for a
of the property after four weeks transfer you must register for
in accordance with the Protection membership of the local lettings
From Eviction Act 1977. scheme and you must actively bid
You must reply immediately to any for suitable properties.
such notice confirming whether
you are still occupying the property. Transfer applications are dealt with
Once the notice expires, then if you in accordance with our allocations
are no longer living in the property policy.
your Tenancy will end automatically.
5.4 Business use
If we serve a notice under the terms
above, we may be entitled to gain You agree not to run a business from
entry to the property by force if the property without first obtaining
necessary, at the date on which the our written permission.
Tenancy is ended, to remove any
goods and furnishings which remain If permission is given it will be
in the property and to change the subject to you satisfying any
locks on the door(s). necessary local planning authority
requirements and to any reasonable
If any goods are left in the conditions we may impose. We
property it will be a breach of the may review the effectiveness of any
terms of this Agreement and we permission we have given and we
may remove and dispose of them. reserve the right to vary or revoke
any such permission. You must not
We may take court action against run any business in breach of such
you for breach of tenancy varied or revoked permission.
conditions or trespass.

15
5.5.3 You must not under any
5.5 Animals
circumstances keep or bring onto
the property or any communal areas
If we have decided that this
any animal which is dangerous,
property is unsuitable for you to
poisonous, illegal to possess
keep dogs, cats or other animals
or which may cause illness or
(see below), you must not bring
infestation, or any livestock such as
them onto the property or any
ponies, horses, donkeys, cows, pigs,
communal areas.
sheep or goats.
5.5.1 *Delete or insert at 5.5.1 as
appropriate 5.5.4 The conditions for keeping a
The property is unsuitable for pet
keeping:
If permission is given to you to keep a pet
or animal at the property, such
permission is subject to the following
For so long as section 12 of the conditions. Regardless of whether
Allotments Act 1950 is in force, you permission is granted or refused, as a
may have a statutory right to keep term of your Tenancy you must comply
with the following requirements (breach
rabbits and hens in the property
of which will also be a breach of your
provided that they do not cause a
Tenancy).
nuisance to any other person and
provided that they do not pose a a) You agree to check that the Dangerous
risk to health or safety. At the time Dogs Act 1991 or any other law does not
of signing this Agreement, you have prohibit you keeping your pet.
our consent to keep the following
animal(s) at this property. b) You agree you are responsible for the
behaviour of any pets you own, inside
the property and in the locality.

This consent is subject to the c) You agree not to let any dog that you
conditions in section 5.5.4. own or that anyone living with you owns
to be outside without a lead or
unsupervised.

d) You agree to take all reasonable steps


5.5.2 You must not keep any animals at
to prevent any pet causing a nuisance,
the property without our written
annoyance or danger to anyone living in,
permission (which we can vary or visiting or doing any lawful activity in the
revoke - in which case you must locality of the property.
as soon as possible remove any
animals from the property which are e) You agree to take all reasonable steps
not permitted after such variation to supervise and keep any pet under
or revocation).Permission will be control.
subject to the conditions in 5.5.4.
f ) You agree not to allow any pet to
annoy or frighten other people.

16
g) You agree not to breed any 5.5.5 If you fail to comply with any of the
animals or birds at the property. conditions in 5.5.4 you will be in
h) You agree to take reasonable breach of this Agreement.
care to ensure that any pet does
not cause mess or damage to: We may withdraw consent for you to
keep animals at this property and
the property, or may take legal action against you for
the property of people living the breach of tenancy conditions.
in, visiting or doing any lawful
activity in the locality of the 5.6 Property maintenance and
property, or preventing damage
any communal areas, or
You agree to take reasonable care to
other property that we own or prevent damage to:
we are responsible for.
i) You agree to remove or clean a) the property
any mess (excrement/urine/ b) the decorations and any
vomit) that your pet, or the pets furniture or floor coverings
of people living with you, or the where we have retained
pets of anyone visiting you have ownership and responsibility for
caused. If we find out that such maintaining
pet(s) have caused a mess, you
c) your neighbour’s property
agree to remove or clean or pay
(‘neighbour’ includes anyone
the cost of removing or cleaning
living in the locality of the
this mess, if we ask you to do so.
property)
j) You agree not to keep at the d) our property, including any grass
property any quantity or type verges and car parking areas
of animal that we consider
e) the belongings of anyone
unsuitable, given the type, size
visiting or otherwise doing any
and location of the property.
lawful activity in the locality of
k) You agree not to keep any the property.
animal at the property if you
have been prohibited from For example:
keeping one.
• Before anyone leaves the
l) You agree to comply with any
property they must check
RSPCA guidance or requirements
reasonably thoroughly that there
for the care or welfare of your
is no risk of damage from fire,
animals.
water, electric or gas supplies in
the property.
• You must tell us beforehand in
writing if you are going to be
away and leaving the property
empty for more than 28 days.

17
• You must tell us before you leave
if the property is not going to be
5.10 Use of the property
lived in for some time and there You agree not to use the property or
is a risk of water pipes freezing. any communal areas for any
• You, anyone living with you or immoral or illegal purposes, and not
anyone visiting you, must not to allow others to use them in this
park vehicles on grass verges or way.
on other grassed land owned by
us. This includes for example:
• If parking facilities are provided • Possessing or producing
in the area, you, anyone living controlled drugs
with you, or anyone visiting • Supplying, intent to supply and
you, must use the facilities dealing in controlled drugs
properly, having due regard and • Running a brothel, or
consideration to other road users, prostitution
and must not cause damage on
• Dealing in or handling stolen
or to such car parking areas.
goods
• Illegal betting or illegal gambling
5.7 You agree that while you are the
tenant of the property you must
make reasonable efforts to heat it 5.11 You agree not to feed or encourage
using the heating system provided onto the property animals that
and ventilate it by opening the attract vermin (pests), or cause or
windows. are likely to cause nuisance to others
or us.

5.8 You agree you must keep the inside


of the property clean and tidy and 5.12 If the property has a balcony, you
in reasonable decorative order and agree not to feed birds or encourage
not to allow rubbish and other items them onto the balcony.
to build up in the property. You
agree to use any fixtures and fittings
responsibly. 5.13 You agree not to throw anything or
spit from the window, door landing,
balcony or walkway of the property.

5.9 You agree not to keep or store


dangerous, offensive or flammable 5.14 You agree not to use the balcony
materials at the property, on the at the property for hanging out
communal areas or on any land we washing if we ask you not to do so.
own.

18
Storage and Disposal of c) On any public highway
5.15 so as to cause a nuisance,
Household Rubbish
annoyance, obstruction or
• You agree to keep designated
inconvenience to others,
rubbish containers (wheelie bins,
particularly the emergency
boxes, bags) at the back of the
services
property, if possible, or in a bin
store if one is provided. We can ii) Not to keep or allow to be kept
decide the proper place for you any moped or motorbike inside the
to store your rubbish and our property or on any communal areas.
decision is binding on you; iii) Not to keep or allow to be kept
• You agree to take reasonable any unroadworthy or untaxed
care to ensure that all your vehicle, moped or motor bike inside
rubbish is properly contained. the property or on any communal
• You agree to put all household areas.
rubbish out for collection using
the properly designated rubbish 5.17.2 If under section 2.3 we have given
containers; you the right to park a vehicle,
• You agree to return all emptied caravan or trailer inside the
rubbish containers to their boundary you agree:
designated place of storage as i) That unless there is already
soon as possible after rubbish a properly constructed
has been collected; hardstanding on site, you
• You agree to comply with all will arrange at your expense
local council requirements for a properly constructed
with regard to the storage and hardstanding to be provided,
collection of rubbish. on which to park the vehicle,
caravan or trailer.
ii) That unless there is already a
5.16 You agree not to block or attach properly constructed crossing
anything to the service ducts point with a dropped kerb, you
(rubbish chutes) in the property or will arrange with the Council,
communal areas. at your expense, for a properly
constructed crossing point with
dropped kerb to be provided.
5.17.1 Except as allowed by section 2.3, you
agree: iii) You are responsible for ensuring
that any current or future
i) Not to park or allow anyone living requirements for planning
with or visiting you to park any and building regulations are
vehicle, motorbike, caravan or trailer: complied with.
a) Within the boundary of the
property
b) On any land we own that is
not designated as a car park

19
5.17.3 If we have not already given you the 5.20 You agree to give our officers and
right under section 2.3, we may give agents access to the property to
you permission to park a private allow us to carry out our duties
motor vehicle or motor bike within under the Gas Safety (Installations
the boundary of the property, but: and Use) Regulations 1998 and to
inspect electrical installations. You
• This will be subject to special may need to have credit on your
conditions, and meter for us to do this.
• You must write to us first to ask 5.21 You agree not to leave or store
for and get permission. anything or allow anything to be left
5.17.4 You agree that the only vehicles or stored on:
you can park on a designated car a) Any balcony belonging to the
parking area are a private motor property
vehicle or a motor bike. b) Any communal areas or gardens
used in connection with the
5.18 You agree to report any faults or
property
damage to the property to us as
soon as they happen. c) Any land we own in the locality
of the property except any
areas that have been set aside
specifically for storage and that
5.19 You agree to allow our officers, we have given permission for.
agents and workmen to enter the You agree not to do anything that
property at all reasonable times to obstructs or inconveniences anyone
inspect or do work on the property using these storage areas.
or adjoining properties, as long
as we have given you 24 hours’ 5.22 When using the communal areas,
notice. This enables us to manage you agree to consider the safety and
the property and deal with any convenience of others and where
complaints you have or that involve locks are provided that you must
you. take all reasonable steps to keep the
You agree that our officers, agents communal areas locked.
and workmen may enter the 5.23 You agree, if the property is part
property without notice if we of a supported housing scheme,
believe they need to deal with to comply with any management
an emergency that could cause rules and code of guidance for the
personal injury or damage to the scheme, as well as the terms and
property or adjoining property. conditions of this Agreement.
You agree to allow our officers,
agents or workmen to do any tests, You will receive copies of any
take samples, take photographs or management rules and code of
make video and sound recordings as guidance that apply to your Tenancy.
they may reasonably request.

20
• You agree to restrict the height
5.24 Gardens and communal areas of boundary hedges and fences
‘Communal areas’ include any part of to the height set by planning
the communal stairways, entrance regulations. If you exceed the
steps, doors and doorways, entrance regulated height you will be in
halls, passages, bin chutes, accesses, breach of planning regulations
yards, gardens, outhouses, bin areas, as well as being in breach of this
cellars, balconies, drying areas, loft Agreement.
spaces, green spaces and courtyards The height restrictions are:
at the back of the building, and 1. Front boundary hedges or fences
other similar area shared with other – no higher than 1.0 metre
tenants or residents. 2. Rear boundary hedges or
If you have sole use of a garden fences – no higher than 2.0
attached to the property: metres You agree not to carry
out substantial structural
• You agree not to allow the
landscaping works to the garden
garden to become overgrown
without first getting our written
and untidy; You agree to cultivate
permission. Permission will
it as a garden, keeping any
not be unreasonably withheld
lawns and hedges trimmed
provided the works and
and flowerbeds weeded and
completed landscape do not put
pruned. If you fail to do this, we
you, anyone living with you, your
can decide what work needs
neighbours, or visitors and other
to be done to comply with this
property at risk;
condition, and tell you what you
must do and by when. If you fail • You agree not to construct a
to do the work, we may do it and pond in the garden without
charge you the cost, as well as first getting our written
the cost of any legal action we permission. Permission will not
may take; You agree not to plant be unreasonably withheld but
Leylandii; there might be conditions and/or
restrictions imposed;
• You agree not to plant
Laburnum, or any other similar • You agree not to remove, chop
poisonous tree or shrub or any down or destroy any bushes,
pernicious weeds or plants e.g. hedges, trees or fencing that
Japanese Knotweed. You must forms a boundary structure
tell us if you find any plants of without first getting our written
this nature and you must let us permission;
(or the council) take whatever • You agree not to light any
action is needed to get rid of ‘Bonfires’ in the garden;
them;
• You agree not to light any fires
• You agree not to plant any tree to burn rubbish, garden waste or
within 4 metres of any building any other items at the property.
or outhouse;
Section 5.15 details how rubbish
should be stored and disposed of.

21
5.25 • If you have a garden, you must • You or anyone living in the
keep it tidy and free from weeds, property must not interfere with
rubbish and animal waste. This security or safety equipment in
includes cutting your lawns and shared blocks of flats or sheltered
trimming hedges and shrubs. housing schemes. You must not
• You may use shared gardens for jam open shared entrance doors
normal recreational purposes, and you must not let strangers in.
but not for any activities that 5.26 You must not interfere with any
may annoy other tenants or security and safety equipment
neighbours. You must not allow for the property, or wedge open
children to play in the shared communal doors. You must co-
communal areas. operate with any security staff
• You may not plant trees, shrubs acting on our behalf.
or hedges which grow more 5.27 You must not use or interfere with
than 2 metres high without first any electricity supplies in communal
getting our permission in writing. areas.
If you plant any of these without
our permission, we may remove 5.28 You must not allow anyone access
them and charge you for the through doors leading to the
cost. communal areas unless they are
• You must not remove, destroy or your visitor or a member of the
chop down any bushes, hedges, emergency services.
trees or fencing without our
written permission.
• You (or anyone living with you
or visiting the property) must
only put household rubbish
in containers provided by the
council or in bin bags. You must
not allow rubbish to build up in
the property, garden or shared
areas, whether or not it is in bin
bags.
• You must not light fires to burn
rubbish, garden waste or any
other items at the property.

5.26 • You or anyone living in the


property must cooperate with us
and your neighbours to keep any
shared areas (such as stairs, lifts,
landings, walkways, entrance
halls, drying areas, bin stores,
paved areas, shared gardens and
parking areas) clean, tidy and
clear of obstruction.

22
6.0 Your community responsibilities

All tenants are entitled to peaceful enjoyment people do any of the things described in this
of their home. To help ensure this happens, part of this Agreement then you will be in
everybody needs to behave in a neighbourly breach of these terms of your Tenancy.
way. That doesn’t mean you have to be
good friends, but it does mean you must If you cannot resolve a disagreement with a
keep to your tenancy conditions and neighbour, we can help. However, we will
show consideration towards others. Your act quickly when there has been a breach of
neighbours may have different values and the conditions of this Agreement, or any
lifestyles from you, so it’s important to allow instance of harassment or victimisation.
for this and give others the freedom to live Where necessary, we will seek to enforce your
the way they choose. responsibilities under this Agreement,
including taking court action. We will help/
You are responsible for your actions and for advise you if you report anti-social behaviour.
the actions of anyone who is living with you, We will look into your complaints and decide
visiting you or visiting anyone who is what action to take.
living with you at the property and if any of
those

• doing anything that may or does


You agree not: interfere with the peace, comfort
6.1 To do anything or allow anything or convenience of other people
to be done in the property, or causes them offence.
communal areas or the locality • harassing or assaulting anyone in
that causes or is capable of the property or locality, including
causing nuisance or annoyance or for reasons of race, disability,
harassment to: religion, sexuality or sexual
orientation, gender, gender
a) anyone living in or visiting the reassignment, age, lifestyle or
locality. dress.
b) anyone engaged in a lawful
activity in the locality. Nuisance and annoyance includes:
Harassment includes:
• making noise that is or can
be a nuisance or annoyance.
• insulting behaviour or language. This can include noise from
• using or threatening to use televisions, sound equipment
violence. (stereo systems), radios, musical
• using abusive words or instruments, domestic appliances
behaviour. and power tools.
• damaging or threatening to • failing to control a pet or allowing
damage another person’s home it to mess or cause damage to
or possessions. other people’s property or our
• writing threatening, abusive or property.
insulting graffiti.

23
• allowing any planting, trees, Prohibited Activities
hedges or shrubs to become
overgrown, blocking light or 6.2 You agree not to do repairs at or in
access or causing obstruction or the locality of the property or on
trespass the communal areas on vehicles not
owned by you or someone living
• interfering with the peace,
with you. You may only do repairs on
comfort and convenience of
your own vehicles, provided this does
other people by running a
not cause or would be likely to cause
business from the property
nuisance or annoyance to anyone
without consent or breaking any
living in, visiting or engaged in a
conditions for the consent
lawful activity in and in the locality of
• allowing people who live with the property.
you or your visitors to be noisy or 6.3 You agree not to bring onto the
disruptive property, communal areas or areas in
• using the property or allowing the locality of the property any type
it to be used for an immoral or of firearm, firearm ammunition or any
illegal purpose other type of offensive weapon, such
• playing ball games so as to cause as a sword or crossbow, whether
or be likely to cause nuisance or legal or not.
annoyance 6.4 You agree not to damage, deface
• vandalising or damaging any or put graffiti on the property or
part of the communal areas or other property in the locality. If you
anything in the locality of the do so, you must pay for any repair,
property replacement or cleaning needed.
• leaving rubbish or storing things 6.5 You agree not to make malicious
in places where they are not or hoax telephone calls from the
authorised to be stored property or from any facility in the
• failing to use reasonable control locality of the property, or use any
over anyone living with or visiting communication equipment at the
you property to make or send malicious
or offensive material.
• parking any vehicle, motorbike,
caravan or trailer inconsiderately 6.6 You agree not to break any of the
• doing work on any type of local authority’s bye-laws. You can
vehicle, motorbike, caravan, ask at a public library to see copies of
trailer or appliance in a way or these.
place that causes or is likely to
6.7 You agree not to allow anyone access
cause nuisance and annoyance
through doors leading to communal
• using, producing or selling areas, unless you are sure who they
controlled drugs are and why they need access.
• using or carrying firearms, knives,
machetes or other offensive 6.8 You agree not to smoke in any
weapons. internal communal areas, for example
lifts, corridors or foyers.

24
6.9 You agree not to take any vehicle or
Domestic Abuse
trailer over 1.5 tons into any area in
the locality of the property, except 6.14 a) You (or anyone living with you or
for loading or unloading. visiting the property) must not
inflict or threaten violence against
anyone who lives with you or
6.10 You agree not to cause or commit lives elsewhere.
any act of violence or any form of
harassment or intimidation against
any member of our staff or anyone
authorised to act on our behalf. b) You (or anyone living with you
or visiting the property) must
6.11 You agree not to make false or not harass anyone or use mental,
malicious complaints about someone emotional, racist or sexual abuse
else’s behaviour. to make anyone who lives with
you leave the property.

6.12 You agree not to commit a criminal You may also be required to give up
offence in or in the locality of the this Tenancy if a court order has been
property. made against you or anyone living
with you as a result of violence.

6.13 Prohibition of Gang Membership


a) You agree not to become a
member of a gang;
b) You agree not to allow anyone
living with you to become a
member of a gang;
c) You agree not to allow a member
of a gang to visit the property.

For the purpose of clause 6.13 a


gang is defined as:
A group of individuals involved in
persistent criminality for some form
of personal gain (this includes profit
and/or to gain or to demonstrate
status) which is causing significant
harm to the community and/or is of
cross border concern.

25
7.0 Sub-letting, assignment, exchange and
transfer to another property

Sections 7.1–7.9 only apply to 7.2 You agree not to sub-let the whole
assured (non-shorthold) tenants. of the property to anyone. If you
do, your Tenancy will no longer be
Sub-letting assured and we will be able to end
7.1 You must not sub-let any part of the tenancy by giving four weeks’
the property without getting our notice to quit.
written permission first. We may Giving up possession of the
attach conditions to any permission property:
and we may also vary or revoke any 7.3 You agree not to give up (part with)
permission given (in which case you possession of the property without
must take steps to comply with the following the procedure set out at
variation or revocation - including sections 7.1 above or 7.5 below or for
lawfully evicting your sub-tenant if ending your Tenancy (see section 9).
necessary).
Lodgers
‘Sub-letting’ means giving someone 7.4 You may take in lodgers provided
exclusive right to live in part of the you do not exceed the number
property in exchange for the rent of people allowed to live in the
they pay you. They will usually do property as stated in section 2.4. A
their own cooking and cleaning. lodger is someone who lives with
you in the property but doesn’t have
a) Before granting consent we will
exclusive right to any one part of it.
need you to put the terms of the
You must tell us the name, age and
sub-tenancy in writing. These terms
gender of any person who is residing
must be acceptable to us. You must
in the property as a lodger. If we ask
tell us the name, age and gender
for further information, for example
of any person who is residing
to ensure that any person living
in the property under any sub-
in the property is not breaching
tenancy, both before it is granted
immigration rules, then you must
and after any changes. If we ask for
give us the information we request.
further information, for example
to ensure that any person living They may get some sort of service
in the property is not breaching from you such as cooking or
immigration rules, then you must cleaning. You must always tell us if
give us the information we request. the number of people living at the
property goes up or down. (See also
b) Any tenancy granted of part of section 3.5 about Housing Benefit.)
the property must be an Assured
Shorthold Tenancy within the Assignment - transferring your
meaning of Section 19A of the rights in the property
Housing Act 1988 or a contractual 7.5 You agree not to transfer your rights
tenancy. A contractual tenancy in any part of or the whole of the
is not an assured tenancy within property (assign them) to anyone else
the meaning of Section 1 of the except in the following circumstances:
Housing Act 1988.
a) when completing a mutual
exchange (swapping your
home with another tenant – see
section 7.6)

26
b) when assigning the Tenancy to • paying any rent owing, and
someone who would be qualified • putting right any breach or
to succeed to your Tenancy, under performing any obligation of the
the circumstances as set out in tenancy,
section 91(3)(c) of the Housing Act • and the exchange will not result
1985 as if you were a secure tenant in ‘statutory overcrowding’ or
c) by a court order. the property becoming under-
occupied by more than one
In any circumstances, you must not bedroom.
assign your rights under the Tenancy Ask us if you need to know more about
without first getting our written this.
permission. 7.7 We will not refuse consent except
on the grounds in Schedule 3 to the
Mutual Exchange Housing Act 1985.
7.6 You have the right to assign (lawfully
transfer) this Tenancy to another 7.8 Your rights after exchange may
tenant by a mutual exchange as change.
if section 92 of the Housing Act
1985 applied to this Tenancy as Transfer to another property
modified by the express terms of this
7.9 You have the right to apply for a
Agreement.
transfer to another property. We will
Either: by an exchange with one consider your application using our
other tenant (a ‘direct exchange’) or allocations procedure.
by exchanges involving more Section 7.10 applies only while you
than one other tenant (an ‘indirect are an assured shorthold tenant.
exchange’) provided the following 7.10 You agree not:
conditions are fulfilled: a) to sub-let the property or any part
a) Every tenant taking part in the of it
exchange is a tenant of a qualifying
b) to give up (part with) possession
landlord under section 92 of the
of the property without following
Housing Act 1985.
the procedure for ending your
b) Where required under their tenancy Tenancy (see section 9)
agreement, every tenant has the
c) to take in lodgers
written consent of their landlord
to assign their tenancy to you or d) to assign your Tenancy to
to another tenant who satisfies the anyone else unless you do this
conditions in section 92. in accordance with a court
c) Everyone who is party to the order and with our prior written
exchange satisfies the conditions in permission.
section 92. e) to exchange your Tenancy with
d) You have our written consent. another person.
e) You have complied with any While this section 7.10 applies to you
reasonable conditions attached to as an Assured Shorthold Tenant, the
our consent for: provisions of sections 7.1 to 7.9 will
not yet take effect.

27
8.0 Repairs, improvements, alterations
and additions

Our responsibilities • staircases


• landings
8.1 We will keep in good repair the
outside of the property and its • passageways
structure, as far as we are in control of • lifts
the property or any building in which • doors
it is situated, including: • lights
• drains, gutters and pipe work, • handrails
except where these are the • balustrades
responsibility of the water
• door entry systems.
authority
8.5 We may alter, add to or modernise the
• external structure of the buildings, property or adjoining premises, and
including roofs, windows and you must allow us or our contractors
doors to have reasonable access to the
• internal structure, including property to carry out such works.
plasterwork, walls, ceilings and
Your rights and responsibilities
floors
• chimneys, chimney stacks and 8.6 You agree to report to us any faults or
flues, but not sweeping these damage to the property immediately.
If someone else causes any malicious
• garages and external stores, damage to the property, you must
where these structures were also report this damage to the Police
already in place at the start of if we ask you to.
your Tenancy
8.7 If you or the people living with or
• main pathways, steps and means visiting you damage the property or
of access the fixtures or fittings, deliberately
• boundary walls and fences, where or because of neglect, you may have
the wall/fence was already in to pay for any repair or replacement.
place at the start of your Tenancy This includes any damage caused by
children.
• external painting.
8.8 You agree to pay for:
a) the costs of any electrical or other
8.2 We will keep in good repair and
faults or fires you cause.
proper working order the installations
in the property that provide water, b) the costs of any damage to the
gas, electricity, sanitation, space and property as a result of the lawful
water heating and any hard-wired execution of a warrant by the
smoke alarm that we have provided. Police or other authorised body.
8.3 We will keep in good repair the c) the costs of any unnecessary call-
communal facilities, as far as we out you make to our emergency
are in control of the property or repairs service.
any building in which it is situated) d) the costs of us gaining access to
including: the property for you because you
• TV aerials have lost or forgotten your keys.
• hallways

28
e) Any damage caused by you, a You agree that if you fail to do
member of your family or any other these repairs, we may give you
third party to any THG property either notice that you must do the repair
wilfully, by neglect, misuse, abuse, in a reasonable time. If you do not
and/or unauthorised improvements/ do so, we may do the work and
modifications. charge you the costs (including any
f) ) Inappropriate use of the administration costs)
repairs system e.g.
misrepresentation of a repair as 8.10 You agree you are responsible for
an emergency, or as decorating inside the property and
keeping it in good decorative order.
a result of misuse or failure on
behalf of you, a member of your
family or any other third party 8.11 You agree you are responsible for
repairing, maintaining and replacing
g) A repeated failure to provide any equipment you have installed
access or to cancel appointments or any other addition, alteration or
within a reasonable time. Any improvement you have made. You
costs associated with wasted agree you are also responsible for
time, materials purchased (and repairing, maintaining and replacing
not used elsewhere or having to any non-standard equipment that
be stored) and legal action being was fitted by a former tenant where
pursued will be charged to you. it has been left in the property at
8.9 You agree you are responsible for your request, including any kind of
doing certain small repairs. We will burglar, smoke or carbon-monoxide
tell you what these are, but they may alarm. You must make sure that the
be: equipment you buy complies with
any legal requirements.
a) replacing plugs and chains to
baths, sinks and wash basins
b) plastering minor cracks in internal
8.12 You agree that if you get a gas cooker
walls and ceilings
removed from the property, you must
c) refitting doors after laying carpets ensure the pipe is capped or another
d) releasing windows stuck after gas cooker connected by a Gas Safe
internal painting registered gas fitter approved by
e) replacing electric light bulbs, the Institution of Gas Engineers and
plugs and fuses Managers.
f) ) unblocking sinks, pipes or
8.13 If this Tenancy becomes an
toilets which have become
Assured (Non-shorthold) Tenancy,
clogged due to your neglect,
you will have the right to make
e.g. flushing
certain additions, alterations or
baby wipes or nappies or pouring
improvements to the property
oil, fat or food waste down plug
(see section 2.1 for a definition of
holes.
‘property’) but you must get our
written permission first.

29
8.13 Additions, alterations and You agree that you will be responsible
improvements may include: both for obtaining planning
• building a garage, shed, pigeon permission and for complying with
loft, fence, greenhouse or building regulations where these are
structure on any part of the required.
property 8.14 You agree that if you make any
• attaching anything to or erecting addition, alteration or improvement
any aerial satellite dish or other to the property without our written
communication equipment on consent, or if we consider that the
the property work is unsatisfactory, or if you have
• building a hardstanding (a failed to obtain planning permission
driveway or paved area you are or comply with building regulations
going to park on) where necessary, you will be in
• removing any tree or hedge that breach of this Agreement and that if
forms a boundary or that you did we ask you to, you must:
not plant, or any boundary fence i) return the property to how it was
or wall before, at your own cost, or
• removing any part of the ii) pay our costs for returning the
property, such as walls or our property to how it was before and
fixtures allow access to us or our contractors
• erecting or installing anything on to carry out remedial works.
the property, any communal parts 8.15 You agree that if we ask you to, you
or on our adjoining property must make good any damage you
• laying laminate flooring, whether have caused by putting in or taking
permanently fixed or otherwise out your own fixtures and fittings.
• installing hard-wired burglar,
smoke or carbon-monoxide
alarms (hard-wired means wired
into the electricity circuit, not
battery operated).
We will only refuse permission for you
to make these additions, alterations
or improvements if we have
good reason to do so. If we refuse
permission, we will write to tell you
why.

If we do grant permission, we may


ask you to do the work in a certain
way or to a specified standard, or
impose other reasonable conditions.
For example: We may only give you
provisional permission if the nature
of the planned work is such that it
requires planning permission.

30
9.0 Ending your tenancy

This Agreement can be ended in any one of the following ways:


9.1 By you giving notice of 9.5 By selling the property to you
termination If you buy the property from us, your
You, with or without any joint tenant, Tenancy will end on the date you
can give us at least 28 days’ notice complete your purchase. Until that
in writing that you wish to end the date this Agreement remains in force.
Tenancy. The last day of the notice
period must be a Sunday. We can 9.6 By court order
provide a pre-printed form for you to
use if you wish. You have security of tenure as an
assured tenant so long as you occupy
If you give us proper notice the property as your only or main
terminating the Tenancy, it cannot be home. We may obtain possession of
withdrawn or extended even if both the property by obtaining a court
parties are in agreement. order on one of the grounds listed in
Schedule 2 of the Housing Act 1988
If you are moving to another (as amended), subject to section 5.2
property we own or there are other of this Agreement.
good reasons, we may accept a
notice period of less than 28 days, The court will not make an order
but you must first agree this with us. unless:
• we have served on you a notice
If only one or some of the joint in writing complying with the
tenants are giving notice of Housing Act 1988, or
termination, we cannot accept a
• the court considers it just and
period of less than 28 days.
fair to make an order without a
notice.
If one joint tenant gives us 28 days’
notice to terminate, the Tenancy will
Without prejudice to our rights to
end after the notice period, whether
terminate the tenancy by Notice
or not any other joint tenant knows
to Quit or under Section 21 of the
about the notice.
Housing Act 1988 where these are
available or under any other legal
9.2 By written agreement powers, we shall be permitted to
By written agreement between you, rely upon any and all Grounds for
any joint tenant and us. possession specified in Schedule 2 to
the Housing Act 1988, including any
Where the Tenancy is no variations or additions brought into
9.3 force from time to time and in the
longer an assured Tenancy future.
If the Tenancy stops being an assured
Tenancy (for example, if the property For information purposes only, a non-
stops being your only or main home), exhaustive “plain English” summary
we may end the Tenancy in the way of the Grounds referred to above
set out in section 5.2. is attached as an Appendix to this
tenancy agreement.

31
The Appendix indicates the month b) remove all your belongings
and year when those Grounds were c) make sure that any family, lodgers
in force. This is not intended to and sub-tenants move with you,
restrict or limit our ability to rely and give us vacant possession
upon the exact wording of the
grounds for possession as varied or d) allow us or prospective new
modified from time to time, or to tenants to inspect the property
prevent us from relying upon new before you move out, if we first
Grounds for possession brought in by give you reasonable notice
legislation enacted or brought into e) if we ask you to, remove
force afterwards. any fixtures and fittings you
have installed and put right
You can obtain further information any damage caused, to our
(including advice on currently satisfaction. This applies to
applicable legislation) from a Citizens work done with or without our
Advice Bureau, Law Centre, Housing consent. If you do not do this, we
Aid Centre, Shelter, or a Solicitor. will recharge you for any work we
9.7 Section 9.7 – applies only have to do
to assured shorthold f) ) leave the property in
tenants and apply even if good decorative order
you took over the Tenancy g) give us your next address for our
under section 10.1 of this records
Agreement. h) do any repairs you are obliged to
In addition to being able to seek do by this Agreement
possession as set out at section 9.6, i) pay for repairs or replacement
as long as the Tenancy is an Assured if any damage has been caused,
Shorthold Tenancy we may also deliberately or by your neglect
seek possession of the property by
serving Notice Requiring Possession You will not have to pay for normal
under Section 21 of the Housing wear and tear.
Act 1988. Our policy on the use of j) arrange to have your meters
Assured Shorthold / Starter tenancies read, turn off your water supply
(as the case may be) sets out the and leave the electrical and gas
circumstances in which we will do equipment in a safe condition
this.
k) notify the local council tax office,
9.8 Before Moving out of the housing benefit office and utility
property service providers as appropriate,
You agree that before moving out of and end your electricity, gas,
the property you will: telephone and any other utility
service agreements.
a) leave the property (including
the fixtures and any furnishings
we have provided), gardens and
communal areas in a good, clean
and tidy condition

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9.9 You agree to return to us all the keys
that you or anyone else has for the 9.11 Future housing
property by no later than 12:00pm
on the Monday immediately after
We may not give you another
the end of your termination notice
tenancy in the future if you:
period.
a) have a history of nuisance or
For example: other anti-social behaviour
b) still owe rent or other debts
If your termination date is Sunday
c) have not complied with your
1 March, you must return all the
responsibilities under this
keys by 12:00pm noon on Monday 2
Agreement
March.
d) do not satisfy the criteria listed in
If this is a bank holiday, please return our allocations policy.
the keys on the first working day e) if we do not receive a satisfactory
after the Bank Holiday when the reference from the landlord you
office is open. are leaving.

You agree to continue paying the


rent and service charges until the
Tenancy ends or you return the keys,
whichever is later. You agree also to
ensure you have paid or signed an
agreement to pay any debts due to
us. If you do not do so, we will take
legal action against you to recover
the amounts you owe.

9.10 You agree that if any goods are left in


the property it will be a breach of this
Agreement and that we may remove
and dispose of them.

We may also take you to court for


breach of Tenancy conditions and
trespass, or both.

We may also do these things if


we believe the property has been
abandoned (see section 5.2).

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10.0 Right of succession

10.1 Right of succession If you are the sole tenant and


did not become the tenant by
a) On your death, any surviving survivorship (as described above)
joint tenant will take over the or by succession (as defined in
existing tenancy in their sole this Agreement), or by assignment
name, or in joint names if there other than by mutual exchange or
is more than one surviving Court order, and there is no person
joint tenant, this is known entitled to succeed to the Tenancy
as “survivorship”. Where you under section 10.1 above, a family
become the sole tenant by member (as defined by Section
survivorship then you will 113 of the Housing Act 1985) can
be deemed to already be a succeed to this Tenancy upon your
“successor” for the purposes death, provided that they lived in
of your rights under this the property as their only or main
Agreement and under the home for 12 months before your
Housing Act 1988. death.
OR
10.2.1 A person may still be able to have
b) If you are the sole tenant and a tenancy of the property under
did not become the tenant sections 10.6 and 10.7.
by survivorship (as described
above) or by succession (as 10.4 If more than one person is entitled
defined in The Housing Act to succeed to the Tenancy, they
1988), then: should agree which of them will
make the claim. If we receive
• your spouse
more than one claim and the
• civil partner, or claimants cannot sort it out within
• anyone living with you as if a reasonable time, we may decide
they were your husband, wife which claim to accept.
or civil partner can succeed to
10.5 Definition of a successor
the tenancy of the property,
provided they lived in the You are a ‘successor’ or have
property as their only or main become the tenant by succession
home at the time of your death. for the purposes of this Agreement
if:
Right of succession (Non- a) you were originally a joint
10.2 tenant of the property and
shorthold tenancy)
became a sole tenant by
Taking over the existing tenancy.
survivorship (they died);
If this Tenancy becomes an Assured
b) you are a person who succeeded
(Non-shorthold) Tenancy then
to the Tenancy under section 17
the following additional right of
of the Housing Act 1988;
succession applies.
c) you fall within the definition
of successor set out in Section
17(3) of the Housing Act 1988;

34
d) you became the tenant under
the will or on the intestacy of a
former tenant of the property
(Section 17(2) of the Housing
Act 1988)
e) you were granted this Tenancy
under a right we granted under
any Agreement containing
provisions similar to section 10
of this Agreement;
f) you became the tenant as a
result of an assignment where
the person (or one of the
persons) who assigned this
Tenancy to you was already
a successor as defined in the
Housing Acts 1985, 1988 or in
this Agreement.

10.6 Additional rights


We may or may not in our absolute
discretion grant a tenancy of
the property or of an alternative
property to another member of
your household who is not entitled
to succeed to the Tenancy, for
example if:

• they had lived in the property as


their only or main home for 12
months before your death, and
• they had been looking after you
before your death, or
• they have accepted
responsibility for your
dependants.

10.7 In deciding whether to grant a new


tenancy of the property or grant a
tenancy of an alternative property,
we will consider all relevant
factors, including the claimant’s
circumstances and the extent of the
housing need in the area.

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11.0 Tenant involvement, information
and consultation

11.1 Our responsibilities We agree to give you the right to


information as if sections 104 and
We are committed to involving you 106 of the Housing Act 1985 applied
in the way our services are run and to your Tenancy.
in offering you an opportunity to
be involved with the scrutiny of our We will provide a Tenants Handbook
services. and update it as needed.

We are also committed to enabling You have a certain rights to access


11.4
co-regulation with our customers personal information we hold about
and with our statutory regulators. you in accordance with the General
Data Protection Regulation (EU)
We will: 2016/679. You may not be able to see
• work closely with the tenant personal information that others give
representatives us in confidence or in other
• consult you on anything circumstances set out in the legislation.
affecting the management of Any requests for personal information
your home must be made in writing. For further
information please see our Privacy
11.2 We will ask your views about any of Policy.
our housing plans if they will greatly
11.5 In this Agreement, if we have the
affect all tenants or certain groups
right to make a decision that is
of tenants – for example we will
binding on you, we will first consult
consult you about modernisation or
you and anyone else who may
improvement work planned for your
be involved in or affected by that
home or your area. We will involve
decision. If you fail to respond to
you or your tenants’ group in local
our attempts to consult you, we
housing issues. We agree to give
can make decisions about the
you the right to be consulted as if
appropriate action to take, without
Section 105 of the Housing Act 1985
your comments.
applied to your Tenancy.

11.3 You have the right to information


from us about:
• the terms of your Tenancy
• our repairing obligations
• our policies and procedures on
tenant consultation, housing
allocation and transfers, equal
opportunities and our principles
for setting rents
• our performance, as laid down
by the Housing Regulator.
• Annual tenants report

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12.0 Your right to acquire

12.1 Your right to acquire


You may also have a statutory (legal)
right to acquire the property subject
to the law and any regulations made
under it.

12.2 More information


Contact us for more information on
the preserved right to buy and the
right to acquire.

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13.0 Acknowledgement of Tenancy

In signing this Agreement and taking possession of the property


I ACKNOWLEDGE THAT:
i) The property is in good and tenantable condition as at the date of possession.
ii) The information I gave when I applied for housing was and still is true and complete.
I understand that Together Housing Association can end my Tenancy if I or someone
acting for me knowingly or recklessly told a lie or gave wrong information that led
Together Housing Association to grant my Tenancy.
iii) Any further information I may give Together Housing Association or which is provided
on my behalf in connection with my Tenancy will be given in good faith and will be
accurate and true.
iv) Together Housing Association can use any information I provide and share it with other
relevant agencies or organisations at any time during my Tenancy and after this and any
other Tenancy I am offered ends. I consent to the disclosure of such information:
• for administering, managing and terminating this and any other Tenancy I am offered
• for preventing and detecting crime and fraud
• for complying with a legal obligation
• for protecting my vital interests are the vital interests of others
• in support of the operation of any of your policies and procedures
• for those purposes set out within the Together Housing Association Privacy Policy.

I have read and understand this Agreement and I agree to keep to the terms of this Agreement
and to meet my responsibilities under it.
All tenants should sign below after reading this Agreement.

Signed by the tenant


Name Signature Date
MISS Sarah Marcroft 24/07/2023

Signed on behalf of Together Housing Association and in witness to the


signature(s) above
Name Signature Date

Kendra haigh 24/07/2023

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Appendix - Grounds for Possession

Summary for information only


Statute / Ground Summary
Common law Where permitted by the Housing Act 1988, we have given Notice to Quit
which complies with the Protection From Eviction Act 1977.
Housing Act 1988

Section 21 We have given two months’ written notice requiring possession of an


assured shorthold tenancy.
Housing Act 1988 - Schedule 2

Ground 1 [Not applicable – landlord’s former home]

Ground 2 You need to leave your home so that a mortgage lender can sell it.

Ground 3 [Not applicable – holiday accommodation]

Ground 4 [Not applicable – fixed term tenancy for student accommodation]

Ground 5 [Not applicable – accommodation for minister of religion]

Ground 6 We (or another person or company from whom we are leasing


your home) need possession of your home so that demolition or
reconstruction works can be carried out to it, or to the building in which
your home is located.
Ground 7 The tenant dies leaving no automatic successor and the tenancy is
inherited either under the terms of a will or under the laws on intestacy.
Ground 7A There has been serious anti social behaviour as described in Ground 7A
of Schedule 2 to the Housing Act 1988 (this includes serious housing-
related criminal offences, breaches of housing injunctions, breaches of
Criminal Behaviour Orders, property closure notices under the Anti-social
Behaviour, Crime and Policing Act 2014, and/or breaches of statutory
abatement notices).
Ground 8 You owe eight weeks’ or two months’ rent arrears.

Ground 9 Suitable alternative accommodation is or will be made available.

Ground 10 You have not paid the rent that is due.

Ground 11 You have persistently delayed paying the rent that is due.

Ground 12 Any one or more of the conditions of tenancy have been broken or not
performed.

39
Ground 13 You or anyone living in your home has caused the condition of your
home and/or garden to deteriorate.
Ground 14 You or anyone living in or visiting your home have caused or are likely to
cause a nuisance or annoyance to anyone in the locality or to our staff or
contractors; or been convicted of using your home for immoral or illegal
purposes or of an indictable criminal offence carried out at or near your
home.
Ground 14ZA You or an adult residing in your home has been convicted of an
indictable offence which took place at a riot in the United Kingdom.
Ground 14A Your home was occupied by you and your partner and either of you
has left because of violence or threats of violence made by one person
towards the other (or a member of their family living in your home
before they left) and the court is satisfied that they are unlikely to
return.
Ground 15 The condition of any furniture provided for use under the tenancy has
deteriorated owing to ill-treatment by the you or any other person
residing in your home, and if that damage was caused by a lodger or
sub-tenant then you have failed to take reasonable steps to evict them.

Ground 16 Your tenancy was granted in connection with your employment by


a current or former landlord of your home, and you are no longer
employed in that regard.
Ground 17 The tenancy was granted to you as a result of you (or someone acting on
your behalf) knowingly or recklessly making a false statement.

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Together Housing Association Limited, a member of the Together Housing Group. A charitable community benefit
society registered in England and Wales at the Financial Conduct Authority with registered number 28687R.

170403 THTENANCY AGREEMENT APRIL 17 V1


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