Your Tenancy. 1.1 You become a tenant of Stevenage Borough Council when you sign this tenancy agreement and you occupy the property as your only or main home. 1.2 Your tenancy includes the property (house, flat, maisonette or bungalow), any gardens, boundary fences, walls, hedges, and any garage, stores, outhouses, sheds, extensions, greenhouses, lean-to’s, hard standings or shared-access footpaths attached to or included within the boundary of the property. 1.3 Secure and introductory tenancies This agreement covers two types of tenancy, which are: • introductory tenancy; • secure tenancy. 1.4 It’s important to note that you have fewer legal rights as an introductory tenant than you do as a secure tenant. 1.5 If you are an introductory tenant, the front of the tenancy agreement will record this, together with the date when the introductory tenancy will end. If there have been no breaches in your agreement, you will become a secure tenant from that date. You will not need to sign another agreement. 1.6 If you are already a secure tenant and you are moving to another council-owned property your new tenancy will be secure straight away. 1.7 If you are an assured tenant of a registered social landlord, such as a housing association, and you are transferring to a Stevenage Borough Council property your new tenancy will be secure straight away. You will not have to be an introductory tenant. 1.8 Your introductory tenancy is for a trial period of 12 months. It is important to note that in order to keep your home you must not: • behave anti-socially; or • cause a nuisance; or • harass other people; and you must: • pay your rent on time; and • look after your home. 1.9 As an introductory tenant you are not permitted to carry out any alterations to your home. 1.10 If you breach your tenancy conditions as an introductory tenant you can be evicted much more quickly and more easily than a secure tenant. 1.11 If you do not meet the terms of your introductory tenancy, the Council has the right to extend it by a further six months. The Council must tell you of its intention to do this and give you the right to ask for a review before it takes action to extend it. The Council can also serve you with a Notice of Intention to Terminate your introductory tenancy. We must tell you why it is doing this and give you the right to request a review of the decision. The Council can apply to the court for an eviction order following service of this notice. 1.12 If the Council has not taken any action that could lead it to: • extend your introductory tenancy; or • take possession of your home, you will automatically become a secure tenant on the date written on your tenancy agreement. 1.13 If you become a secure tenant, you must still behave responsibly and keep to the rules of this agreement. 1.14 People who do not have the right to succeed to a tenancy will not be secure or introductory tenants, even if they continue to live in the property following the death of the tenant. 1.15 If the Council wants to take possession of your home you have the right go to court and defend the possession action. The Council can apply to the court to change your secure tenancy to a tenancy with fewer rights. This is called demoting your tenancy. The Council would go to court where a judge would decide whether the Council could evict you or demote your tenancy. In court, the Council would have to show that it had a good reason to evict you or demote your tenancy. The reasons to evict you are called grounds and are defined by law. Before going to court the Council would have to serve you with a Notice of Intention to Seek Possession or a Notice of Intention to Demote your Tenancy, which sets out its reasons for serving the notice. 1.16 We may make an application to the court for possession if you do not keep to the terms of this tenancy agreement. You may lose your right to live in your home if the court grants the Council a possession order on the following grounds: • you do not use this property as your main home; • you sub-let part or all of your home to another person or persons; or • you part with possession of your home without the Council’s consent (that is, you leave it unoccupied or leave it in the care of someone else without the Council’s written agreement). 1.17 If the Council wants to repossess your home, it has to end your tenancy by first serving a Notice of Seeking Possession or a Notice to Terminate and then get an order from the county court unless you give up your home voluntarily. In most cases the court will have to decide if it is reasonable for the Council to have possession of your home. 1.18 During your introductory tenancy you do not have some of the rights set out in this agreement. You will get these rights if you become a secure tenant. In this tenancy agreement rights which apply only to secure tenants are marked like this. Introductory tenants do not have this right. You get this right if you become a secure tenant. 1.19 Under 18s The Council will only give a tenancy agreement to someone under the age of 18 if a responsible person signs this agreement on their behalf as trustee. That person accepts that any notices or demands for payment served under this agreement can be served on the trustee until the tenant reaches the age of 18. 1.20 Your obligations You must use the property as your only or main home. If you don’t use the property as your only or main home, the Council will take action to end your tenancy. 1.21 You must tell the Council in writing if you will be away from your home for more than 28 days. (This is so that the Council knows that you have not abandoned your home.) You must also provide contact details of someone the Council can get in touch with in case of emergency. That person must have a key to your home. 1.22 You agree that the Council can enter your home (whether or not you have been away from home for 28 days or more) where it reasonably appears that you have abandoned your home. 1.23 You agree that following an inspection of your home, if it still appears to the Council that you have abandoned it, the Council may change the locks and take any other appropriate steps to protect it and may dispose of all property found in the premises. 1.24 You agree that the Council will charge you for the reasonable cost of changing the locks, making the property safe and disposing of any rubbish or property found in the premises if you have abandoned them. 1.25 You agree that you will accept liability towards any other person for the loss of any property belonging to such a person and disposed of by the Council following your abandonment. 1.26 You must not tamper with gas or electricity supplies or with meters or with electrical fittings. 1.27 You must not allow your home to become overcrowded. If you are unsure about this, please contact the Council for advice. 1.28 You must not keep mopeds or motorbikes inside your home or in any communal areas (such as stairs, lifts, landings, walkways, entrance halls or indoor drying areas). 1.29 You must not store a mobility scooter or an electric wheelchair in any communal area, even temporarily. If you wish to keep a mobility aid such as a scooter or motorised wheelchair in an area of your property which is not a communal area, you should obtain written permission from the Council before doing so. 1.30 If you want to run a business from your home you should seek permission before doing so. Permission, once given, can be withdrawn if you run a business that causes nuisance or annoyance, damages the property or any emergency alarm equipment, or if the type of business being run breaches planning enforcement regulations by changing the use of the property from residential to commercial. This could result in you losing your home. 1.31 You will be asked to repay in full any costs or liabilities incurred by the Council resulting from your breach or failure to perform any part of this agreement. Among other things, the Council could charge for: • putting right any work to your home that you have carried out without first having sought written permission from the Council; • putting right damage caused by you not complying with your repairing duties including your failure to maintain your own equipment; • changing the locks of your home and otherwise securing it if it is abandoned by you; • your misuse of the emergency repair service for non-emergency repairs; • misuse of emergency alarm equipment; • replacing missing or broken keys; and • tree and garden works and garden clearance. Please note that the Council incurs costs if we call at your home on a pre-arranged appointment and therefore may charge for any missed appointments. 1.32 Other people in your home If you want someone to become part of your household who was not part of your household when you moved in (relatives, friends and guests) you must get the Council’s written permission first. The Council will not refuse permission unless there is a good reason (such as overcrowding or if the person is likely to cause a nuisance). If you have children you must provide the Council with copies of their birth certificates. 1.33 You have the right to take in lodgers. A lodger is someone who lives with you but does not have any exclusive right to any one part of your home, and who receives some sort of service from you such as cooking and cleaning. Council permission should be sought in advance and you are required to provide details of the person(s) that will be your lodgers. Introductory tenants do not have this right. You get this right if you become a secure tenant. 1.34 You have the right to sublet part of your home, but you must get the Council’s written permission first. Subletting means that someone who lives with you pays you rent to have an exclusive right to occupy part of the property such as a spare bedroom. They will usually do their own cooking and cleaning. You should obtain legal advice before subletting your home or taking in lodgers. Under no circumstances can you sublet the whole of your home. Introductory tenants do not have this right. You get this right if you become a secure tenant. 1.35 Making improvements to your property You have the right to put in your own improvements such as central heating, a shower or a gas fire, but you must get the Council’s written permission first before doing any work of this kind. You may also need planning and building regulation approval. You must make sure that any work is carried out by a competent person who must comply with all relevant rules and regulations. Where appropriate you must supply the Council with certificates to prove the work was carried out by a competent person. The Council has the right to inspect any installation to ensure that it is safe. Introductory tenants do not have this right. You get this right if you become a secure tenant. 1.36 You are responsible for the repair and maintenance of any installations, appliances or materials in your home following your own improvements, but if for any reason the Council needs or chooses to repair, maintain or inspect your improvements it will charge the costs incurred to you. The Council has a legal responsibility, for example, to check, service and maintain gas fires and heaters, pipe work and flues even if they have been fitted by you. 1.37 You are responsible for providing proof to us, as your landlord, of any change to your name. Acceptable proof includes a marriage certificate or statutory declaration. 1.38 Moving to another council property You have the right to swap your property (called an exchange) with another tenant of this Council, a housing association or another council, but you must get the Council’s written permission first and the written agreement of any other landlord involved. Introductory tenants do not have this right. You get this right if you become a secure tenant. 1.39 The Council can refuse permission or impose conditions on an exchange only in certain circumstances. Ask the Council for further details. 1.40 If you exchange without the Council’s written permission it will take legal action to take possession of your home. You will not be able to return to your original property and will not be offered alternative housing. 1.41 You have the right to apply for rehousing by Stevenage Borough Council, by another council or by a registered provider. You will have to make an application in accordance with the rules of the landlord involved. The right to apply for rehousing does not imply or guarantee that you will be rehoused. 1.42 If any of these circumstances apply this may affect you getting housing in the future: • you are evicted; or • you abandon your home; or • you continue to owe money for rent or other charges or any other payment due under this agreement when you move out; 1.43 Your rights as a tenant You have rights in law as a tenant if your relationship breaks down with your partner or spouse, but they may also have the right to remain in the property. Further details of your rights are given in the Tenants Handbook. You may also seek advice from the Council’s housing staff, an independent solicitor, an independent housing adviser or the Citizens Advice Bureau. 1.44 You have the right to see certain information that the Council holds about you, but not information about other tenants. There is a fee for providing this information. This is set in accordance with the guidelines provided by the Information Commissioner. 1.45 You have the right to start and/or join a local tenants’ or residents’ group. 1.46 You have the right to choose a different landlord. This right is called ‘Tenants’ Choice’ and applies only in certain circumstances and according to certain rules and procedures. Please refer to the Tenants Handbook. 1.47 You have the right to the ‘quiet enjoyment’ of your home. All other residents also have right to ‘quiet enjoyment’ of their homes. 1.48 You have the right to be consulted about important changes in the Council’s housing service. The Council must ask your views about any of its housing plans if they substantially affect you, such as modernisation or improvement work that is planned for your home or your area. 1.49 The Council must deal with your complaints efficiently and effectively. It operates a formal complaints procedure. 1.50 You have other rights given and protected by law, as does the Council as your landlord. Those rights are mentioned elsewhere in this agreement. You have the right to seek independent professional advice on any aspect of your tenancy, and to ask any person to act on your behalf regarding your tenancy. 1.51 If you wish to have another person act on your behalf you will need to provide the Council with their details in writing. This is required to comply with data protection legislation. 1.52 The Council strive at all times to treat you with courtesy and respect. It will expect you to conduct your business with its staff in the same manner. 1.53 Passing on your tenancy to another person If you die, a secure tenancy can be passed to your husband, wife, partner or civil partner. This is called a statutory succession under the terms of the Housing ▇▇▇ ▇▇▇▇ as amended by the ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. A secure tenancy can only be passed on once to either your husband, wife, partner or civil partner. For the sake of clarity, this means that your secure tenancy cannot be passed on for a second time. 1.54 Under certain qualifying circumstances, the council will consider a request from certain other people to succeed to a tenancy if a secure tenant dies. This is called a non-statutory succession. The Council’s Succession Policy explains the qualifying circumstances under which a request for a non-statutory succession will be considered. This policy may change from time to time. If you would like information about the Council’s current policy, please contact your tenancy advisor 1.55 If you die while you are still an introductory tenant, any person who takes over your tenancy will also be an introductory tenant. They will become a secure tenant on the date shown on the front of this agreement. If you die when you are a secure tenant, the person who takes over your tenancy will be a secure tenant immediately. 1.56 You have the right to pass on your tenancy to another person. This is called an assignment. Certain conditions apply t
Appears in 2 contracts
Sources: Tenancy Agreement, Tenancy Agreement
Your Tenancy. 1.1 You become 2.1 By signing a tenant of Stevenage Borough Council when Tenancy Agreement document you sign this tenancy agreement and you occupy have agreed to enter into a legal contract with the property as your only or main homeLandlord.
1.2 2.2 Your Tenancy Agreement document says who the tenants are. All tenants are equally responsible for complying with all of these tenancy includes conditions – even those who are no longer residing at the property (house, flat, maisonette or bungalow), any gardens, boundary fences, walls, hedges, and any garage, stores, outhouses, sheds, extensions, greenhouses, lean-to’s, hard standings or shared-access footpaths attached Property – until the Tenancy is brought to or included within the boundary of the property.
1.3 Secure and introductory tenancies This agreement covers two types of tenancy, which are: • introductory tenancy; • secure tenancy.
1.4 It’s important to note that you have fewer legal rights as an introductory tenant than you do as a secure tenant.
1.5 If you are an introductory tenant, the front of the tenancy agreement will record this, together with the date when the introductory tenancy will end. If there have been no breaches in [See your agreement, you will become a secure tenant from that date. You will not need to sign another agreement.
1.6 If you are already a secure tenant and you are moving to another council-owned property your new tenancy will be secure straight away.
1.7 If you are an assured tenant of a registered social landlord, such as a housing association, and you are transferring to a Stevenage Borough Council property your new tenancy will be secure straight away. You will not have to be an introductory tenant.
1.8 Your introductory tenancy is for a trial period of 12 months. It is important to note that in order to keep your home you must not: • behave anti-socially; or • cause a nuisance; or • harass other people; and you must: • pay your rent on time; and • look after your home.
1.9 As an introductory tenant you are not permitted to carry out any alterations to your home.
1.10 If you breach your tenancy conditions as an introductory tenant you can be evicted much more quickly and more easily than a secure tenant.
1.11 If you do not meet the terms of your introductory tenancy, the Council has the right to extend it by a further six months. The Council must tell you of its intention to do this and give you the right to ask for a review before it takes action to extend it. The Council can also serve you with a Notice of Intention to Terminate your introductory tenancy. We must tell you why it is doing this and give you the right to request a review of the decision. The Council can apply to the court for an eviction order following service of this notice.
1.12 If the Council has not taken any action that could lead it to: • extend your introductory tenancy; or • take possession of your home, you will automatically become a secure tenant on the date written on your tenancy agreement.
1.13 If you become a secure tenant, you must still behave responsibly and keep to the rules of this agreement.
1.14 People who do not have the right to succeed to a tenancy will not be secure or introductory tenants, even if they continue to live in the property following the death of the tenant.
1.15 If the Council wants to take possession of your home you have the right go to court and defend the possession action. The Council can apply to the court to change your secure tenancy to a tenancy with fewer rights. This is called demoting your tenancy. The Council would go to court where a judge would decide whether the Council could evict you or demote your tenancy. In court, the Council would have to show that it had a good reason to evict you or demote your tenancy. The reasons to evict you are called grounds and are defined by law. Before going to court the Council would have to serve you with a Notice of Intention to Seek Possession or a Notice of Intention to Demote your Tenancy, which sets out its reasons for serving the notice.
1.16 We may make an application to the court for possession if you do not keep to the terms of this tenancy agreement. You may lose your right to live in your home if the court grants the Council a possession order on the following grounds: • you do not use this property as your main home; • you sub-let part or all of your home to another person or persons; or • you part with possession of your home without the Council’s consent (that is, you leave it unoccupied or leave it in the care of someone else without the Council’s written agreement).
1.17 If the Council wants to repossess your home, it has to end your tenancy by first serving a Notice of Seeking Possession or a Notice to Terminate and then get an order from the county court unless you give up your home voluntarily. In most cases the court will have to decide if it is reasonable for the Council to have possession of your home.
1.18 During your introductory tenancy you do not have some of the rights set out in this agreement. You will get these rights if you become a secure tenant. In this tenancy agreement rights which apply only to secure tenants are marked like this. Introductory tenants do not have this right. You get this right if you become a secure tenant.
1.19 Under 18s The Council will only give a tenancy agreement to someone under the age of 18 if a responsible person signs this agreement on their behalf as trustee. That person accepts that any notices or demands for payment served under this agreement can be served on the trustee until the tenant reaches the age of 18.
1.20 Your obligations You must use the property as your only or main home. If you don’t use the property as your only or main home, the Council will take action to end your tenancy.
1.21 You must tell the Council in writing if you will be away from your home for more than 28 days. (This is so that the Council knows that you have not abandoned your home.) You must also provide contact details of someone the Council can get in touch with in case of emergency. That person must have a key to your home.
1.22 You agree that the Council can enter your home (whether or not you have been away from home for 28 days or more) where it reasonably appears that you have abandoned your home.
1.23 You agree that following an inspection of your home, if it still appears to the Council that you have abandoned it, the Council may change the locks and take any other appropriate steps to protect it and may dispose of all property found in the premises.
1.24 You agree that the Council will charge you for the reasonable cost of changing the locks, making the property safe and disposing of any rubbish or property found in the premises if you have abandoned them.
1.25 You agree that you will accept liability towards any other person for the loss of any property belonging to such a person and disposed of by the Council following your abandonment.
1.26 You must not tamper with gas or electricity supplies or with meters or with electrical fittings.
1.27 You must not allow your home to become overcrowded. If you are unsure about this, please contact the Council for advice.
1.28 You must not keep mopeds or motorbikes inside your home or in any communal areas (such as stairs, lifts, landings, walkways, entrance halls or indoor drying areas).
1.29 You must not store a mobility scooter or an electric wheelchair in any communal area, even temporarily. If you wish to keep a mobility aid such as a scooter or motorised wheelchair in an area of your property which is not a communal area, you should obtain written permission from the Council before doing so.
1.30 If you want to run a business from your home you should seek permission before doing so. Permission, once given, can be withdrawn if you run a business that causes nuisance or annoyance, damages the property or any emergency alarm equipment, or if the type of business being run breaches planning enforcement regulations by changing the use of the property from residential to commercial. This could result in you losing your home.
1.31 You will be asked to repay in full any costs or liabilities incurred by the Council resulting from your breach or failure to perform any part of this agreement. Among other things, the Council could charge for: • putting right any work to your home that you have carried out without first having sought written permission from the Council; • putting right damage caused by you not complying with your repairing duties including your failure to maintain your own equipment; • changing the locks of your home and otherwise securing it if it is abandoned by you; • your misuse of the emergency repair service for non-emergency repairs; • misuse of emergency alarm equipment; • replacing missing or broken keys; and • tree and garden works and garden clearance. Please note that the Council incurs costs if we call at your home on a pre-arranged appointment and therefore may charge for any missed appointments.
1.32 Other people in your home If you want someone to become part of your household who was not part of your household when you moved in (relatives, friends and guests) you must get the Council’s written permission first. The Council will not refuse permission unless there is a good reason (such as overcrowding or if the person is likely to cause a nuisance). If you have children you must provide the Council with copies of their birth certificates.
1.33 You have the right to take in lodgers. A lodger is someone who lives with you but does not have any exclusive right to any one part of your home, and who receives some sort of service from you such as cooking and cleaning. Council permission should be sought in advance and you are required to provide details of the person(s) that will be your lodgers. Introductory tenants do not have this right. You get this right if you become a secure tenant.
1.34 You have the right to sublet part of your home, but you must get the Council’s written permission first. Subletting means that someone who lives with you pays you rent to have an exclusive right to occupy part of the property such as a spare bedroom. They will usually do their own cooking and cleaning. You should obtain legal advice before subletting your home or taking in lodgers. Under no circumstances can you sublet the whole of your home. Introductory tenants do not have this right. You get this right if you become a secure tenant.
1.35 Making improvements to your property You have the right to put in your own improvements such as central heating, a shower or a gas fire, but you must get the Council’s written permission first before doing any work of this kind. You may also need planning and building regulation approval. You must make sure that any work is carried out by a competent person who must comply with all relevant rules and regulations. Where appropriate you must supply the Council with certificates to prove the work was carried out by a competent person. The Council has the right to inspect any installation to ensure that it is safe. Introductory tenants do not have this right. You get this right if you become a secure tenant.
1.36 You are responsible for the repair and maintenance of any installations, appliances or materials in your home following your own improvements, but if for any reason the Council needs or chooses to repair, maintain or inspect your improvements it will charge the costs incurred to you. The Council has a legal responsibility, for example, to check, service and maintain gas fires and heaters, pipe work and flues even if they have been fitted by you.
1.37 You are responsible for providing proof to us, as your landlord, of any change to your name. Acceptable proof includes a marriage certificate or statutory declaration.
1.38 Moving to another council property You have the right to swap your property (called an exchange) with another tenant of this Council, a housing association or another council, but you must get the Council’s written permission first and the written agreement of any other landlord involved. Introductory tenants do not have this right. You get this right if you become a secure tenant.
1.39 The Council can refuse permission or impose conditions on an exchange only in certain circumstances. Ask the Council Tenant's Handbook for further details.]
1.40 If you exchange without the Council’s written permission it will take legal action to take possession of your home. 2.3 [You will not be able to return to your original property and will not be offered alternative housing.
1.41 You have the right to apply for rehousing by Stevenage Borough Council, by another council or by a registered provider. You will have to make an application in accordance with the rules can get further copies of the landlord involved. The right to apply for rehousing does not imply Tenancy Agreement from your Housing Office [or guarantee that you will be rehoused.
1.42 If any of these circumstances apply this may affect you getting housing in through the future: • you are evicted; or • you abandon your home; or • you continue to owe money for rent or other charges or any other payment due under this agreement when you move out;
1.43 Your rights as a tenant You have rights in law as a tenant if your relationship breaks down with your partner or spouse, but they may also have the right to remain in the property. Further details of your rights are given in the Tenants Handbook. You may also seek advice from the Council’s housing staff, an independent solicitor, an independent housing adviser or the Citizens Advice Bureau.
1.44 You have the right to see certain information that the Council holds about you, but not information about other tenants. There is a fee for providing this information. This is set in accordance with the guidelines provided by the Information Commissioner.
1.45 You have the right to start and/or join a local tenants’ or residents’ group.
1.46 You have the right to choose a different landlord. This right is called ‘Tenants’ Choice’ and applies only in certain circumstances and according to certain rules and procedures. Please refer to the Tenants Handbook.
1.47 You have the right to the ‘quiet enjoyment’ of your home. All other residents also have right to ‘quiet enjoyment’ of their homes.
1.48 You have the right to be consulted about important changes in the Council’s housing service. The Council must ask your views about any of its housing plans if they substantially affect you, such as modernisation or improvement work that is planned for your home or your area.
1.49 The Council must deal with your complaints efficiently and effectively. It operates a formal complaints procedure.
1.50 You have other rights given and protected by law, as does the Council as your landlord. Those rights are mentioned elsewhere in this agreement. You have the right to seek independent professional advice on any aspect of your tenancy, and to ask any person to act on your behalf regarding your tenancy.
1.51 If you wish to have another person act on your behalf you will need to provide the Council with their details in writing. This is required to comply with data protection legislation.
1.52 The Council strive at all times to treat you with courtesy and respect. It will expect you to conduct your business with its staff in the same manner.
1.53 Passing on your tenancy to another person If you die, a secure tenancy can be passed to your husband, wife, partner or civil partner. This is called a statutory succession under the terms of the Housing ▇▇▇ authority website ▇▇▇▇ as amended by the .▇▇▇▇▇▇▇▇ ▇▇▇ .▇▇▇.▇. A secure tenancy can only be passed on once to either your husband, wife, partner or civil partner. For the sake of clarity, this means that your secure tenancy cannot be passed on for a second time▇].
1.54 Under certain qualifying circumstances2.4 [There are two types of tenancy which are covered by these tenancy conditions: > Assured Tenancy > Demoted Tenancy In addition, the council terms of this Tenancy Agreement apply in part to tenancies which have ceased to be Assured or Demoted Tenancies.]
2.5 The type of tenancy you have is decided by statutory rules. Tenants who have certain types of tenancies have certain statutory rights. Where there is any conflict between the statutory rules or rights and this Tenancy Agreement, the statute will consider a request from certain other people prevail. The Landlord has also incorporated into this Tenancy Agreement some of the benefits which would be available to succeed to a tenancy if a secure tenant diesof a local authority. This is called a non-statutory succession. The Council’s Succession Policy explains If you are in any doubt as to the qualifying circumstances under which a request for a non-statutory succession will be considered. This policy terms of this Tenancy Agreement you can ask your Housing Office.
2.6 [Some additional conditions may change apply to particular properties, or types of properties, from time to time. If you would like information about the Council’s current policy, please contact These will form part of your tenancy advisor
1.55 If you die while you are still an introductory tenant, any person who takes over your tenancy will also be an introductory tenant. They will become a secure tenant on the date shown on the front of this agreementTenancy Agreement. If you die when are offered a property where such conditions apply you are will be informed of these additional conditions before you sign your Tenancy Agreement. By signing a secure tenantTenancy Agreement you also agree to comply with these additional conditions and you acknowledge that they have been drawn to your attention.]
2.7 If either party, Landlord or Tenant, breaks the terms of this Tenancy Agreement and we cannot solve the problem together, the person who takes over other party may be able to go to court to deal with the matter. If you do not keep to your tenancy will be a secure tenant immediatelyTenancy Agreement you could lose your home.
1.56 You have the right to pass on 2.8 [In addition your tenancy to another person. This is called an assignment. Certain conditions apply tTenant's Handbook contains further explanation of your rights and responsibilities as a tenant.]
Appears in 1 contract
Sources: Tenancy Agreement
Your Tenancy. 1.1 You become a tenant of Stevenage Borough Council when you sign this tenancy agreement contract and you occupy the property as your only or main home.
1.2 Your tenancy includes the property (house, flat, maisonette or bungalow), any gardens, boundary fences, walls, hedges, and any garage, stores, outhouses, sheds, extensions, greenhouses, lean-lean to’s, hard standings or shared-access footpaths attached to or included within the boundary of the property.
1.3 Secure and introductory tenancies This agreement contract covers to two types of tenancy, which are: • introductory tenancy; and • secure tenancy.
1.4 It’s important to note that you You have fewer legal rights as an introductory tenant than you do as a secure tenant.
1.5 If you are an introductory tenant, the front of the tenancy agreement contract will record thisthis fact, together with the date when the introductory tenancy will end. If there have been no breaches in your agreementcontract, you will become a secure tenant from that date. You will not need to sign another agreement.
1.6 If you are already a secure tenant and you are moving to another council-owned property your new tenancy will be secure straight away.
1.7 If you are an assured tenant of a registered social landlord, such as a housing association, and you are transferring to a Stevenage Borough Council property your new tenancy will be secure straight away. You will not have to be an introductory tenant.
1.8 Your introductory tenancy is for a trial period of 12 months. It is important to note You must show the Council that in order you are responsible enough to keep your home you home. You must not: • behave anti-socially; or • cause a nuisance; or • harass other people; and you must: • pay your rent on time; and • look after your home.
1.9 As an introductory tenant you are not permitted allowed to carry out any alterations to your home.
1.10 If you breach your tenancy conditions as an introductory tenant you can be evicted much more quickly and more easily than a secure tenant.
1.11 If you do not meet comply with the terms of your introductory tenancy, the Council has the right to extend it by a further six months. The Council must tell you of its intention to do this and give you the right to ask for a review before it takes action to extend it. The Council can also serve you with a Notice of Intention to Terminate your introductory tenancy. We It must tell you why it is doing this and give you the right to request a review of the decision. The Council can apply to the court for an eviction order following service of this notice.
1.12 If the Council has not taken any action that could lead it to: • extend your introductory tenancy; or • take possession of your home, you will automatically become a secure tenant on the date written on your tenancy agreementcontract.
1.13 If you become a secure tenant, you must still behave responsibly and keep to the rules of this agreementcontract.
1.14 People who do not have the right to succeed to a tenancy will not be secure or introductory tenants, even if they continue to live in the property following the death of the tenant.
1.15 If the Council wants to take possession of your home you have the right go to court and defend the possession action. The Council can apply to the court to change your secure tenancy to a tenancy with fewer rights. This is called demoting your tenancy. The Council would go to court where a judge would decide whether the Council could evict you or demote your tenancy. In court, the Council would have to show that it had a good reason to evict you or demote your tenancy. The reasons to evict you are called grounds and are defined by law. Before going to court the Council would have to serve you with a Notice of Intention to Seek Possession or a Notice of Intention to Demote your Tenancy, which sets out its reasons for serving the notice.
1.16 We may make an application to the court for possession if you do not keep to the terms of this tenancy agreementcontract. You may lose your right to live in your home if the court grants the Council a possession order on the following grounds: • you do not use this property as your main home; • you sub-let part or all of your home to another person or persons; or • you part with possession of your home without the Council’s consent (that is, you leave it unoccupied or leave it in the care of someone else without the Council’s written agreement).
1.17 If the Council wants to repossess your home, it has to end your tenancy by first serving a Notice of Seeking Possession or a Notice to Terminate and then get an order from the county court unless you give up your home voluntarily. In most cases the court will have to decide if it is reasonable for the Council to have possession of your home.
1.18 During your introductory tenancy you do not have some of the rights set out in this agreementcontract. You will get these rights if you become a secure tenant. In this tenancy agreement contract rights which apply only to secure tenants are marked like this. Introductory tenants do not DO NOT have this right. You get this right if you become a secure tenant.
1.19 Under 18s The Council will only give a tenancy agreement contract to someone under the age of 18 if a responsible person signs this agreement contract on their behalf as trustee. That person accepts that any notices or demands for payment served under this agreement contract can be served on the trustee until the tenant reaches the age of 18.
1.20 Your obligations You must use the property as your only or main home. If you don’t use the property as your only or main home, the Council will take action to end your tenancy.
1.21 You must tell the Council in writing if you will be away from your home for more than 28 days. (This is so that the Council knows that you have not abandoned your home.) You must also provide contact details of someone the Council can get in touch with in case of emergency. That person must have a key to your home.
1.22 You agree that the Council can enter your home (whether or not you have been away from home for 28 days or more) where it reasonably appears that you have abandoned your home.
1.23 You agree that following an inspection of your home, if it still appears to the Council that you have abandoned it, the Council may change the locks and take any other appropriate steps to protect it and may dispose of all property found in the premises.
1.24 You agree that the Council will charge you for the reasonable cost of changing the locks, making the property safe and disposing of any rubbish or property found in the premises if you have abandoned them.
1.25 You agree that you will accept liability towards any other person for the loss of any property belonging to such a person and disposed of by the Council following your abandonment.
1.26 You must not tamper with gas or electricity supplies or with meters or with electrical fittings.
1.27 You must not allow your home to become overcrowded. If you are unsure about this, please contact the Council for advice.
1.28 You must not keep mopeds or motorbikes inside your home or in any communal areas (such as stairs, lifts, landings, walkways, entrance halls or indoor drying areas).
1.29 You must not store a mobility scooter or an electric wheelchair in any communal area, even temporarily. If you wish to keep a mobility aid such as a scooter or motorised wheelchair in an area of your property property, which is not a communal area, area you should obtain must get written permission from first and not cause a danger to other tenants in the Council before doing socommunal areas.
1.30 If you want to run a business from your home you should seek permission before doing so. Permission, once given, can be withdrawn if you run a business that causes nuisance or annoyance, damages the property property, or any emergency alarm equipment, equipment going missing or suffering damage through misuse. Permission can also be withdrawn if the type of business being run breaches planning enforcement regulations by changing the use of the property from residential to commercial. This could result in you losing your home.
1.31 You agree that upon receipt of an invoice from the Council you will be asked to repay in full any costs or liabilities incurred by the Council resulting from your breach or failure to perform any part of this agreementcontract. Among other things, the Council could will charge for: • putting right any work to your home that you have carried out without first having sought the necessary written permission from the Council; • putting right damage caused by you not complying your failure to comply with your repairing duties including or your failure to maintain your own equipment; • changing the locks of your home and otherwise securing it if it is abandoned by you; • your misuse of the emergency repair service for non-emergency repairs; • misuse of emergency alarm equipment; • replacing missing or broken keys; and • tree and garden works and garden clearance. Please note that the The Council incurs costs if we call at your home on a pre-arranged appointment and therefore may charge for any missed appointments.
1.32 Other people in your home If you want someone to become part of your household who was not part of your household when you moved in (relatives, friends and guests) you must get the Council’s written permission first. The Council will not refuse permission unless there is a good reason (such as overcrowding or if the person is likely to cause a nuisance). If you have children you must provide the Council with copies of their birth certificates.
1.33 You have the right to take in lodgers. A lodger is someone who lives with you but does not have any exclusive right to any one part of your home, and who receives some sort of service from you such as cooking and cleaning. Council permission should needs to be sought in advance and you are required. You will be required to provide details of the person(s) that will be your lodgers. Introductory tenants do not Tenants DO NOT have this right. You get this right if you become a secure tenant.
1.34 Under no circumstances can you sublet the whole of your home. You do have the right to sublet part of your home, but you must get the Council’s written permission first. Subletting means that someone who lives with you pays you rent to have an exclusive right to occupy part of the property such as a spare bedroomproperty. They will usually do their own cooking and cleaning. You should obtain legal advice before subletting sub-letting your home or taking in lodgers. Under no circumstances can you sublet the whole of your home. Introductory tenants do not Tenants DO NOT have this right. You get this right if you become a secure tenant.
1.35 Making improvements to your property You have the right to put in your own improvements such as central heating, a shower or a gas fire, but you must get the Council’s written permission first before doing any work of this kind. You may also need planning and building regulation approval. You must make sure that any work is carried out by a competent person who must comply with all relevant rules and regulations. Where appropriate you must supply the Council with certificates to prove the work was carried out by a competent person. The Council has the right to inspect any installation to ensure that it is safe. Introductory tenants do not Tenants DO NOT have this right. You get this right if you become a secure tenant.
1.36 You are responsible for the repair and maintenance of any installations, appliances or materials in your home following your own improvements, but if for any reason the Council needs or chooses to repair, maintain or inspect your improvements it will charge the costs incurred to you. The Council has a legal responsibility, for example, to check, service and maintain gas fires and heaters, pipe work and flues even if they have been fitted by you.
1.37 You are responsible for providing proof to us, as your landlord, of any change to your name. Acceptable proof includes a marriage certificate or statutory declaration.
1.38 Moving to another council property You have the right to swap your property (called an exchange) with another tenant of this the Council, a housing association or another councilCouncil, but you must get the Council’s written permission first and the written agreement of any other landlord involved. Introductory tenants do not Tenants DO NOT have this right. You get this right if you become a secure tenant.
1.39 The Council can refuse permission or impose conditions on an exchange only in certain circumstances. Ask the Council for further details.
1.40 If you exchange without the Council’s written permission it will take legal action to take possession of your home. You will not be able to return to your original property and will not be offered alternative housing.
1.41 You have the right to apply for rehousing by Stevenage Borough Council, by another council or by a registered provider. You will have to make an application in accordance with the rules of the landlord involved. The right to apply for rehousing does not imply or guarantee that you will be rehoused.
1.42 If any of these circumstances apply this may affect you getting housing in the futureapply: • you are evicted; or • you abandon your home; or • you continue to owe money for rent or other charges or any other payment due under this agreement contract when you move out;; they may affect your being able to get housing in the future.
1.43 Your rights as a tenant You have rights in law as a tenant if your relationship breaks down with your partner or spouse, but they may also have the right to remain in the property. Further details of your rights are given in the Tenants Handbook. You may also seek advice from the Council’s housing staff, staff or an independent solicitor, solicitor or an independent housing adviser or the Citizens Advice Bureau.
1.44 You have the right to see certain information that the Council holds about you, but not information about other tenants. There is a fee for providing this information. This is set in accordance with the guidelines provided by the Information Commissioner.
1.45 You have the right to start and/or join a local tenants’ or residents’ group.
1.46 You have the right to choose a different landlord. This right is called ‘Tenants’ Choice’ and applies only in certain circumstances and according to certain rules and procedures. Please refer to the Tenants Handbook.
1.47 You have the right to the ‘quiet enjoyment’ of your home. All other residents also have right to ‘quiet enjoyment’ of their homes.
1.48 You have the right to be consulted about important changes in the Council’s housing service. The Council must ask your views about any of its housing plans if they substantially affect you, such as modernisation or improvement work that is planned for your home or your area.
1.49 The Council must deal with your complaints efficiently and effectively. It operates a formal complaints procedure.
1.50 You have other rights given and protected by law, as does the Council as your landlord. Those rights are mentioned elsewhere in this agreementcontract. You have the right to seek independent professional advice on any aspect of your tenancy, and to ask any person to act on your behalf regarding your tenancy.
1.51 If you wish to have another person act on your behalf you will need to provide the Council with their details in writing. This is required to comply with data protection legislation.
1.52 The Council strive will treat you at all times to treat you with courtesy and respect. It will expect you to conduct your business with its staff in the same manner.
1.53 Passing on your tenancy to another person home If you diea tenant dies, a secure tenancy can be passed to your the tenant’s husband, wife, partner or civil partner. This is called a statutory succession succession, under the terms of the Housing ▇▇▇ ▇▇▇▇ Act 1985 as amended by the ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. A secure tenancy can only be passed on once to either your husband, wife, partner or civil partner. For the sake of clarity, this means that your secure tenancy cannot be passed on for a second timeLocalism Act 2011.
1.54 Under certain qualifying circumstances, the council will consider a request from certain other people to succeed to a tenancy if a secure tenant dies. This is called a non-statutory succession. The Council’s Succession Policy explains the qualifying circumstances under which a request for a non-statutory succession will be considered. This policy may change from time to time. If you would like information about the Councilcouncil’s current policy, please contact your tenancy advisor
1.55 If you die while you are still an introductory tenant, any person who takes over your tenancy will also be an introductory tenant. They will become a secure tenant on the date shown on the front of this agreementcontract. If you die when you are a secure tenant, the person who takes over your tenancy will be a secure tenant immediately.
1.56 You have the right to pass on your tenancy to another person. This is called an assignment. Certain conditions apply tto this right. Normally you are only entitled to pass on your tenancy in this way to someone who would have the right to take over your tenancy if you died (right of succession). Please contact the Council if you need more details. Introductory Tenants DO NOT have this right. You get this right if you beco
Appears in 1 contract
Sources: Tenancy Contract