Secure tenancies. A secure tenancy means that you can keep your home for as long as you want, unless there is a fixed date when it will end or there is a legal reason for us to repossess your home. These legal reasons are called ‘Grounds for Possession’ and are set out in legislation. For us either to gain possession of your home or to make you move to another property, a County Court must agree with our request. Demoted tenancies The Council can apply to the County Court for a Demotion Order under the Housing Act 1985 as amended by Grounds 2a and 2b of the Anti-social Behaviour Act 2003. A Demotion Order may be granted if the court is satisfied that the person who is the secure tenant, or any person who lives in or visits the home, takes part in anti-social behaviour, or threatens to do so or has used your home for an unlawful purpose. If a Demotion Order is granted you will have a Demoted Tenancy and you will no longer be a Secure Tenant. Some additional conditions may apply to particular properties, or types of properties, from time to time. This includes housing for older people, tower blocks, flats and new build schemes. These will form part of your tenancy agreement. If you are offered a property where such conditions apply you will be informed of these additional conditions before you sign your tenancy agreement. By signing a tenancy agreement you also agree to comply with these additional conditions and you acknowledge that they have been drawn to your attention. If you wish to serve a Notice on Oxford City Council relating to your tenancy, please deliver it or send it to: Tenancy Management team 2.6 Oxford Town Hall St Aldates Oxford OX1 1BX 1. CONTENTS Section Page 1. Contents 2 2. Definitions 3
Secure tenancies. The Council will only take steps to recover possession of your home in the following circumstances:
Secure tenancies. If you are a secure tenant, it means that you can keep your property for as long as you want unless there is a legal reason for us to repossess your property. These legal reasons are called ‘grounds for possession’ and are found in the Housing Act 1985. For us to either gain possession of your property or make you move to another property, a county court must agree with our request. Your local office can give you more information on the grounds for possession, but the most likely grounds would be where: • you have fallen behind with your rent payments; • you have broken your tenancy agreement in relation to antisocial behaviour; • you have given false information in your housing application. We can take legal action (for example, an injunction or demote your tenancy) to order you to meet any part of the tenancy agreement. Your rights as a secure tenant As a secure tenant, you have the right to: • apply for the right to buy your property; • apply for permission to sublet any part of your property; • vote in a ballot to change to a new landlord; • take in a lodger without written permission; • exchange your property (that is, a mutual exchange); and • apply for permission to make any structural improvements or alterations to your property.
Secure tenancies. ⮚ Demoted Tenancies In addition, the terms of this agreement conditions apply in part to tenancies which have ceased to be Secure, or Introductory or Demoted Tenancies.
Secure tenancies. Secure residents have “Fair Rents” which are set every two years by the Rent Officer, who is completely independent of the Association. The rent we apply for will be determined by our Rent Setting Policy. The Association may not necessarily charge the full rent registered by the Rent Officer.
Secure tenancies. If you are a secure tenant, it means that you can keep your property for as long as you want unless there is a legal reason for us to repossess your property. These legal reasons are called ‘grounds for possession’ and are found in the Housing Act 1985. For us to either gain possession of your property or make you move to another property, a county court must agree with our request. Your local office can give you more information on the grounds for possession, but the most likely grounds would be where: • you have fallen behind with your rent payments; • you have broken your tenancy agreement in relation to antisocial behaviour; • you have given false information in your housing application. We can take legal action (for example, an injunction or demote your tenancy) to order you to meet any part of the tenancy agreement.
Secure tenancies. If you are a secure tenant, you have the legal right to live in the property for which you hold the tenancy. We will not interfere with this right unless we have to take action because of reasons given in the Housing Xxx 0000 or any future law. We may take formal action if you break any of the tenancy conditions. We cannot evict you from the property unless we can prove grounds to do so in a court and the court grants an order for possession. As a secure tenant you will enjoy a number of rights not available to introductory tenants.
Secure tenancies. If you sign this tenancy as an existing tenant, or you have become a secure tenant after completing the 12 month introductory period, you will be entitled to more rights than if you were a non-secure introductory tenant. For example, you will be able to mutually exchange your property with another tenant and exercise your right to buy. A full list of your rights is given in your Tenant Handbook. The Council cannot make you leave your property without obtaining a possession order from the Courts. The Court must decide whether the Council is justified in bringing action against you before granting a possession order. Demoted tenancies Under certain circumstances, we may apply to the County Court to change a secure tenancy to a demoted tenancy. This means that: • your secure tenancy rights are reduced to those of an introductory tenancy for up to 12 months; and • rent arrears accrued when you had a secure tenancy become payable immediately. Your rights Under the terms of the Housing Act 1985 (as amended) a secure tenant and an introductory tenant has certain rights. Please refer to the accompanying Tenant Handbook for more details.
Secure tenancies. The Council will only take steps to recover possession of your home in the following circumstances: If you break any of the terms or conditions of this tenancy agreement. (If the court grants the Council a possession order this could ultimately result in the termination of your tenancy and everyone living in your home being evicted) Where any of the grounds of Schedule 2 to the Housing Xxx 0000, as in force from time-to-time, are made out Where the sole tenant dies and there is no person who is qualified to succeed to the tenancy If the property ceases to be your only or principal home or you sub-let the whole of the property or you otherwise abandon the property. In this case, the Council may end the tenancy by serving you with a ‘notice to quit’.
Secure tenancies. The rights set out below in clauses 8 to 14 DO NOT apply to Introductory or Non-Secure Tenants. In addition to the rights and responsibilities set out in Part 1 of this Tenancy Agreement,SecureTenants also benefit from the rights and obligations set out in this section of theTenancy Agreement which do not apply to Introductory or Demoted Tenants. 8. Right to Repair 9. Alterations and Adaptations 10. Lodgers and Sub-Letting SecureTenants have the legal right to carry out certain repairs themselves and claim compensation if they are not carried out by the Council in a reasonable time. Details of how to make enquiries about the Right to Repair can be found in the Residents’ Handbook.
