15 Linden Lea
15 Linden Lea
Agreement
Contents
Section Page
2
Tenancy Agreement
Property:
15 linden Lea Rawtenstall
BB4 6DX
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Important Notice
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.
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1.0 About your Tenancy Agreement
(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.
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:
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1.4 * Delete the non-relevant clause.
This Tenancy is a(an) Starter Tenancy (Starter Tenancy) (‘the Tenancy’) (Section 19A Housing
Act 1988).
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.
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
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1.4
OR
1.4
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
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*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).
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.
1.10 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.
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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
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.
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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.
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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.
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3.0 Rent
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).
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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.
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4.0 Rent and Service Charge Review
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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.
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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.
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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.
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• 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.
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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
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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.
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• 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.
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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.
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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
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.
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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
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.
30
9.0 Ending your tenancy
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
32
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.
33
10.0 Right of succession
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.
35
11.0 Tenant involvement, information
and consultation
36
12.0 Your right to acquire
37
13.0 Acknowledgement of Tenancy
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.
38
Appendix - Grounds for Possession
Ground 2 You need to leave your home so that a mortgage lender can sell it.
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.
40
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.