Please keep your copy of this document in a safe place. You may need it in the future.
Assured (shorthold) Fixed Term Tenancy Agreement (the “Tenancy”)
Landlord’s name and
Red Kite Community Housing Ltd (‘we’ ‘us’ or ‘our’) of
Windsor Court, Kingsmead Business Xxxx, Xxxxxxxxx Xxxxx, Xxxx Xxxxxxx, Xxxxxxxxxxxxxxx, XX00 0XX.
We are registered with the Homes and Communities Agency (HCA) under registration number 4682.
Name of tenant(s)
The person or people named above are referred to as 'the tenant(s)' or 'you' in this Tenancy. The names of all joint tenants should be written above.
In the case of joint tenants, the terms ‘the tenant’ or ‘you’ apply to each of you. Each tenant individually has the full responsibilities and rights set out in this Tenancy.
Address of Premises being let by us to you (referred to as 'your home' in this Tenancy )
Description of your home including any garden and/or garage and/or allocated parking area
The home is that is the subject of this Tenancy is held by a
charity that is an exempt charity.
Payments to be paid by you for your home
Total weekly payment due from you to us
Former Occupancy Arrears
Services provided by us
The weekly payments for your home at the start of this Tenancy are made up as follows:
(i) net rent of £
(ii) service charge £
Total weekly rent of £ (the “Rent”).
Please note that the above amounts are subject to change in accordance with this Tenancy.
The Rent (which includes the net rent and service charge) is due weekly in advance and is payable on a Monday.
If this Tenancy does not start on a Monday then the first payment due will be a proportion of the total weekly Rent calculated from the start day to the following Sunday. Thereafter the full total weekly payment will be due and payable in advance on Monday each week.
You agree that as at ………................................…….* being the date the occupancy of [.......insert address of former occupancy........]* ended there were occupancy arrears of
£… * (“Former Occupancy Arrears”).
You must also pay us the Former Occupancy Arrears at the rate of <...£insert amount > a week.
This is in addition to the Rent payable for your home. The amount and period of instalments may be varied from time to time by agreement between you and us.
We shall provide you with the services listed below (the “services”) for which you will pay the service charge (“service charge”). If no services are provided no service charge will be payable as part of the Rent.
Communal Laundry Service
Estate & Grounds Maintenance
Door Entry Systems
Fire Alarm, Extinguishers & Smoke/ Heat/
Carbon Monoxide Detectors
Waste & Cleansing
Sheltered Service Charge
Community Call Service
Permitted number of residents
The maximum number of people allowed to live at your home is ...........................................................
This Tenancy is granted for a term of [ 2 / 5] years commencing on [ ](“the
Commencement Date”) and is a fixed term Assured Shorthold Tenancy, the terms of which are set out in this Tenancy.
I confirm that the following people will be living with me in my home:
Date of Birth
Relationship to you
Date of Check
(the “lawful occupiers”)
You agree to:
notify us immediately if during the Tenancy the immigration status of any of the lawful occupiers’ changes from that recorded in the above schedule.
not to permit anyone other than the lawful occupiers to occupy your home without our prior written consent.
Failure to comply with the above obligations will be a breach of this Tenancy. We may carry out ‘Right to Rent’ or similar checks against ALL adults living in your home.
We are a data controller under the Data Protection Act 1998 and conform to the requirements of that Act. The information that you are providing will be used in connection with the management and administration of residential property let by us, which may include us contacting you in relation to services that may be of benefit, interest or assistance to you in relation to your Tenancy or your relationship with us.
By signing this Tenancy, you consent to us disclosing any relevant personal information (but not sensitive personal data) about you to relevant third parties. Any disclosure made by us will only be for the purpose of administering the tenancy or otherwise as provided for by law and will be in accordance with the data protection legislation and our policies on disclosure of information and confidentiality.
We are regulated by the Homes & Communities Agency (or any official body which replaces it) and comply with its housing management guidelines.
These guidelines apply to your Tenancy.
SECTION 1 - GENERAL TERMS
It is agreed as follows:
1 Your home
1.1 If you occupy a house or bungalow, your home’s fixtures and fittings and axx xxxden, paths, hedges, and/or fences, garages and outbuildings owned by us form part of your home.
1.2 If your home is a flat or maisonette, it forms part of a building owned by us (the “Building”) which includes shared communal areas such as (but not limited to) any stairways, lifts, communal gardens, balconies, landings, washrooms and parking areas (the “Communal Areas”). Your home and the Building form part of adjoining land owned by us (the “Estate”).
1.3 This Tenancy is not covered by the Contracts (Rights xx Xxxxx Parties) Act 1999. This means nothing in this Tenancy shall give any other person any benefit or the right to enforce any term of this Tenancy. You and us may vary or end this Tenancy without being required to obtain the consent of any other person or third party.
2 Payments for your home
2.1 The weekly Rent for your home (including any service charge) at the start of your Tenancy is set out on page 2.
2.2 The payment of Rent (including any service charge) is due in advance on Monday of each week.
2.3 If this tenancy starts on a day other than a Monday, you agree to pay at the start of this tenancy the initial payment for the first part week up to the first Sunday.
3 Payment of Former Occupancy Arrears and other debts
3.1 You agree to pay off in weekly instalments any Former Occupancy Arrears you owe to us when your Tenancy starts. The amount you must pay is set out on page
2. If you do not make the payments, we may start court proceedings to end your Tenancy.
3.2 If you are in arrears of Rent or other charges or if you owe us any recharges in respect of your home or have any Former Occupancy Arrears, then we will apply any payments made by you to us to clear those arrears or recharge debts first, before applying the payments to any new amounts owed.
4.1 We will provide the services for which you pay the service charge as set out on pages 2 & 3.
4.2 We may, after consulting the tenants affected, make changes to the services we provide (by increasing, adding to, removing, reducing, or varying the services provided) or introduce new services (for which a new service charge may be required). The services will only be varied for good reason, such as the service no longer being needed on the estate, or difficulties in employing contractors, or health and safety problems or enhancing security for example such as CCTV or regulating parking or because of a change in the law. These changes may affect the amount of service charge you have to pay.
5 Changes in Rent (including service charge)
5.1 We may increase your Rent (which includes the service charge) on the first Monday in April after your Tenancy is granted. We will give you at least one calendar month's notice in writing of the increase. You will be given a notice setting out your new payments. Subsequent increases in the Rent shall take effect on the first Monday of April in each subsequent year. The revised Rent shall be the amount specified in the notice of increase.
5.2 We may also increase your Rent (on one month’s written notice to you):
(i) If the services change in accordance with clause 4.2; and/or
(ii) In accordance with any policy we have in place dealing with higher-income earning households. You will be required to cooperate with us to provide financial records and information as detailed in our policy. Failure to cooperate may result in an increase in your Rent to a higher band.
5.3 We are subject to guidance from our Regulator on the level of rent charges and annual changes in rent.
5.4 You agree that we may run credit reports and other verification checks to establish the financial status, immigration status and identification of you and your household and to prevent and detect tenancy and other fraud.
6 Changes in other charges
We will tell you how much your other charges are at the same time and in the same way as your Rent.
7 Service of notices and charges for breach notices
7.1 This clause gives you notice under Section 48 of xxx Xxxxxxxx xnd Tenant Act 1987 that our address for receiving legal notices and any other communication relating to this Tenancy, is the address set out on page 1 of this Tenancy.
7.2 Any legal notice, or any other communication relating to this Tenancy, will be validly served on you if posted or delivered to, or left at your home or last known address. We may also validly serve notices upon you electronically where you have given us an email address, or other digital address with which we can communicate with you electronically.
7.3 Where you are in breach of one of your obligations under this Tenancy (for example where you have not kept your garden tidy), we may charge you our reasonable costs/administration charge, reasonably incurred for sending notices to you reminding you of your responsibilities. Such costs/administrative charge will only be imposed where you have not rectified a breach after an initial warning from us, so that we need to send you a further warning. If you fail to remedy any breach of one of your obligations under this Tenancy we are also entitled to remedy the breach in default and charge you for the cost of rectifying such breach.
8 Altering this Tenancy Agreement
8.1 We can change your Rent and other charges and the services as explained above.
8.2 This clause and clauses 13, 14, 55, & 56 can only be changed if we both agree in writing.
8.3 Any other amendments must be made either by us both agreeing in writing or in accordance with clause 8.4.
8.4 In order to alter the terms of this Tenancy in accordance with this clause, we must:
(i) Write to you, setting out the proposed alterations to the Tenancy and giving you such information as we consider necessary to explain why the changes are being proposed and what effect they will have on you.
(ii) Allow you a reasonable period of time to make representations about the proposed changes.
(iii) Consider any representations made by you during that period.
(iv) Write to you setting out the alterations that will be made to the Tenancy and giving you such information as we consider necessary to explain why the changes are being made, what effect they will have on you, and when they will come into effect.
8.5 We may also be able to make other changes to this Tenancy if future changes in the law allow us to.
9 Termination of the Tenancy if You Do Not Agree to the Proposed Alterations
If you do not wish to continue this Tenancy as amended in accordance with clause 8 you may, at any time before the change comes into effect, give us four weeks written notice of your intention to end the Tenancy.
10 Automatic Termination of Associated or Garage Agreements
Upon termination of this Tenancy (by whatever means) any agreement or licence or tenancy between you and us for purposes associated with your home or for the use of a garage will automatically terminate at the same time as this Tenancy (provided such other agreement does not have statutory protection) unless we agree otherwise in writing.
11 Vermin & Pests
We will arrange for clearance of any vermin or pests in communal areas (e.g. rats, fleas) and you may be recharged if such infestation was caused by you. However you will be responsible for arranging and paying for clearance of any vermin or pest infestations within your home (e.g. fleas, bedbugs, rats, cockroaches).
12 End of fixed term
12.1 We will contact you towards the end of the fixed term to find out your circumstances. You agree to provide us with all relevant information that we reasonably request.
12.2 Not less than 6 months before the expiry of the fixed term, we will send you a notice stating whether or not we will grant you a new tenancy or possession of your home is required. You will have the right to request a review of that decision.
SECTION 2 - OUR OBLIGATIONS TO YOU
To give you possession of your home at the start of the Tenancy.
14 Tenant’s right to occupy
Not to interrupt or interfere with your right to live peacefully in your home except:
(i) if we need to come into your home to inspect its condition or to carry out any repairs or works or otherwise require access in accordance with this Tenancy; or
(ii) if we are entitled to possession of your home at the end of your Tenancy;
(iii) if we believe your home has been abandoned and we need access to secure your home.
15 Repair of structure and exterior
To keep in repair the structure and exterior of your home and the Building including:
(i) the roof but not including any TV aerial or satellite equipment erected other than by us;
(ii) outside walls, outside doors, door xxxxxture, window sills, window frames and glass including necessary outside painting and decorating unless you must carry out these repairs under clause 38 and 39;
(iii) internal walls, plasterwork, door and door frames but not internal painting and decoration if you must carry out these repairs under clauses 37, 38 and 39;
(iv) chimneys and flues;
(v) pathways, steps or other means of access;
(vi) garages and stores (where provided by us).
16 Repair of installations
To keep in repair and proper working order any installations in your home provided by us for space heating, water heating and sanitation and for the supply of water, gas and electricity, including kitchen and bathroom fixtures, sinks, baths and toilets.
17 Repair of Communal Areas
To keep in repair and proper working order all Communal Areas and installations to Communal Areas including entrances, halls, stairways, lifts, landings, passageways, rubbish chutes.
18 External decorations
To keep the outside of your home and any Communal Areas in a reasonable state of decoration.
19 Repairs we are not responsible for
We are not responsible for any repairs or replacements needed to your home if they are needed because of damage or neglect caused by you, anyone living with you, your visitors or pets.
To insure the structure of your home (but not fixtures and fittings or your personal belongings) against any risks (for example fire) that we reasonably believe we need to.
21 Housing management
To provide you with information on our housing management policies.
SECTION 3 - YOUR OBLIGATIONS
22.1 To take possession of your home at the start of the Tenancy and occupy your home as your only and principal home. If you have a joint tenancy, at least one of you must occupy the home as your only or main home.
23 Rent & Other Charges
23.1 To pay your Rent (inclusive of service charge) and any other charges each week in advance.
23.2 To pay any charges reasonably incurred by us as a result of you breaching your Tenancy.
23.3 It is your responsibility to pay the Rent whether you are entitled to benefits or not. If you are in receipt of benefits and they are reduced, suspended or stopped it is your responsibility to ensure the Rent is paid in full.
24.1 To pay all the bills that relate to your home including water charges and electricity and gas and other costs whether metered or billed.
24.2 To pay your share of any maintenance costs relating to septic tanks which serve your home including emptying and servicing on an annual basis.
25 Use of your home
25.1 That neither you, nor your visitors nor any person living with you, shall operate a business or trade in your home, the Building or the Estate by you or anyone else without first getting our written permission plus all necessary consents such as planning permission, insurance and licences.
25.2 Any consent given to you by us may have reasonable conditions attached to it which you must comply with.
25.3 If permission is given to you, your visitors or any person living with you, to carry out a business or trade in your home, it must not cause or be capable of causing a nuisance or annoyance to other people on the Estate.
25.4 That neither you nor members of your household or your visitors will use or threaten to use your home, the Building and/or the Estate for any illegal, immoral or unlawful purpose. This includes but is not limited to:
(ii) Cultivating, manufacturing, selling, conspiring to steal, using, possessing and/or dealing in illegal drugs or substances;
(iii) Holding unlicensed firearms or illegal weapons; or
(iv) Handling or storing stolen or counterfeit goods.
26 Communal Areas
26.1 That neither you, nor any member of your household nor any other visitor to your home will obstruct or keep or leave rubbish, dangerous materials and belongings (including but not limited to seasonal items, furniture, bicycles, prams, pushchairs, mobility scooters buggies or aids, quad bikes and other mechanical or electrical toys, flower pots, mats, shoes, trampolines, swimming pools, barbeques, items for use of your business) which could constitute a health and safety risk on or in the Building and/or the Communal Areas.
26.2 That neither you nor any member of your household nor any other visitor to your home will smoke in the Building and/or the Communal Areas.
26.3 That you, members of your household and visitors will use any communal facilities fixtures and fittings in the Building and/or Communal Areas with due regard for the safety and convenience of other residents and their visitors.
26.4 That you, members of your household and visitors will keep any Communal Areas in a clean condition, except where we provide a cleaning service for which you pay a Service Charge.
26.5 That neither you nor any member of your household or any other visitor to your home will use the electrical power points in the Communal Areas and/or the Building for your own power supply purposes or for the charging of any items including mobility scooters, unless it has been designated as a communal charging point.
27.1 That you, your visitors or any person who lives with you, will not do or threaten to do anything which causes, or is likely to cause, or is capable of causing a nuisance and/or annoyance to other tenants of properties on the Estate, any person visiting or engaging in a lawful activity on the Estate or any of our employees, contractors or agents.
27.2 You are responsible for the behaviour of any person living in/or visiting your home when they are in your home and/or in the Building and/or on the Estate.
27.3 Examples of what might constitute a nuisance or annoyance include (but are not limited to):
(i) Verbal or physical abuse;
(ii) Unreasonable noise such as playing loud music, shouting or screaming, revving car or motorcycle engines, banging on party walls floors or ceilings, throwing furniture or other items about causing noise;
(iii) Intimidation or threatening behaviour;
(iv) Criminal damage to ours or neighbours property including graffiti;
(v) Taking part in criminal activity including drug dealing and arson;
(vi) Carrying out car repairs in Communal Areas or on other land belonging to us;
(vii) Leaving unroadworthy or untaxed vehicles including SORN vehicles on the Estate;
(viii) Dumping or hoarding rubbish either in Communal Areas (including bin areas) or in your own garden including items of household furniture or appliances or car parts;
(ix) Keeping your home or garden in an untidy state so that it is an eyesore or attracts vermin or causes an odour or nuisance;
(x) Hanging laundry on balconies or out of windows such that it is an eyesore;
(xi) Urinating, defecating, vomiting or spitting in communal areas including lifts and stairwells;
(xii) Allowing your animals to foul common areas or cause a noise nuisance to your neighbours;
(xiii) Using dogs or other animals to intimidate others.
28 Racial and other harassment
That you, your visitors or any person who lives with you, will not commit, any harassment, or threat of harassment, on any grounds including race, colour, belief, ability, religion, age, sex, sexual orientation, gender, physical or mental disability or culture that may interfere with or is likely to interfere with the peace and comfort of, or cause offence to, any person on the Estate or to any of our tenants, employees, agents or contractors.
29.1 That you, your visitors or any person who lives with you will not make any noise in your home which causes or is capable of causing a nuisance or annoyance to any person on the Estate or to any of our tenants, employees, agents or contractors or which can be heard outside your home.
29.2 Examples of what might constitute a nuisance or annoyance include (but are not limited to):
(i) loud radios, television, electronic equipment or musical instruments;
(iii) banging and slamming of doors;
(iv) unreasonable “do-it-yourself” works.
30 Drugs, Offences, Terrorism
30.1 That neither you nor any member of your household or visitors will cultivate, use, sell or supply illegal drugs in your home, the Building and/or the Estate.
30.2 That neither you nor any member of your household or visitors will keep a firearm, nor other weapon whether legal or illegal in your home, the Building and/or the Estate.
30.3 That neither you nor any member of your household or you visitors will commit or take part in or collude in a criminal offence in your home, the Building and/or the Estate
30.4 That neither you nor any member of your household will take part in or encourage or promote any terrorist activity.
31 Assaults & Abuse towards us & our Staff
31.1 That neither you nor members of your household or visitors will (physically, verbally or in writing) hinder, obstruct, harass, intimidate, stalk, threaten, abuse or assault any of our employees, agents or contractors. This includes but is not limited to being abusive, harassing or bullying via digital media or making vexatious complaints.
31.2 That neither you nor members of your household or visitors will make any public defamatory or deliberately misleading comments about us or our staff, contractors or agents, including via digital media.
32 Domestic violence
32.1 That you, your visitors or any person who lives with you will not threaten or abuse or commit any act of violence against:
(i) any other person living in your home, including a joint tenant; and/or
(ii) any current or former partners; and/or
(iii) their friends and/or family;
in your home and/or the Building and/or on the Estate.
32.2 If any member of your household has left because of violence or threats of violence towards them or a member of their family who was living with them, and
we are satisfied that the person who has left is unlikely to return, we may take action to regain possession of your home.
33 Gang Membership
That neither you nor any member of your household, will become a member of a gang or allow a member of a gang to visit your home.
By ‘gang’ we refer to the definition used in Section 34 of the Pxxxxxxx and Crime Act 2009 (as amended) or such subsequent definition as may replace it.
34.1 keep any garden, drive or pathway that forms part of your home, well maintained and in x xxxx condition. Hedges and trees should be kept trimmed and must not hang over public rights of way such as paths; and
34.2 ensure you do not allow rubbish, disused equipment, household items or other waste to be kept in or around the garden at your home, or in the Communal Areas or on the Estate; and
34.3 ensure that any garden path, shed, store, greenhouse, or other structures which are your responsibility are kept in a good state of repair and decoration; and
34.4 maintain the fencing around your home except for boundary fencing next to a road, footpath or Communal Area. You must not alter, move, or otherwise interfere with the existing boundaries of your home. Further information about this is in your Tenants’ Handbook; and
34.5 maintain any gates that provide access and security around your home, except those that back onto a public path or highway which we will maintain. We would not normally carry out gate replacement to any other gates.
35.1 To obtain our written consent before keeping a dog or any other animal in your home. We will not unreasonably refuse or delay giving consent. By animal we mean any mammal, reptile, bird, amphibian, insect or fish, whether wild or tamed or domesticated.
35.2 Where we give written consent, you agree:
(i) that the animal will be kept under control at all times;
(ii) that the animal will not cause nuisance, annoyance, harm or damage to any other person or property;
(iii) not to breed or keep any dogs listed in the “Dangerous Dogs Act” or weapon dogs, either in your home or anywhere on the Estate or Communal Areas;
(iv) not to mistreat any animal or keep any animal in poor or unsanitary conditions in your home or the garden or in the Communal Areas or in your neighbours homes or gardens;
(v) to ensure that you comply with any legislation applying to your animal(s) such as, but not limited to, micro chipping of dogs;
(vi) to provide and maintain the secure fencing of your garden to keep any animals safely inside your garden.
35.3 To ensure your pet does not annoy or frighten other people or foul in the Building or on the Estate. If the animal does foul in any part of the Building and/or or on the Estate, you agree to remove the waste and clean the area.
35.4 We may withdraw our consent and require you to remove the animal if we receive complaints that the animal has been causing a nuisance or annoyance, harm, damage, or a public or environmental health hazard. Except in cases involving serious harm or damage, before requiring you to remove the animal we will give you warning that complaints about the animal have been made and give you a reasonable opportunity to stop the animal causing further nuisance and annoyance.
35.5 Consent will NOT normally be given for keeping dogs in flats, which do not have individual private gardens.
35.6 To keep under control any animals belonging to your visitors whilst they are in your home, the Building or anywhere on the Estate.
36 Gas appliances
Not to put in, alter, or paint any gas appliances, pipework or flues unless we agree in writing. All gas appliances must be installed by an accredited engineer on the Gas Safe Register (or its official successor) and a relevant safety certificate must be sent to us within 20 days of completing the work.
37 Internal decoration
To keep the inside of your home in a good and clean condition, and to decorate it as often as necessary to keep the inside of your home in good decorative order.
At the end of the Tenancy your home must be returned to us in as good a state of repair and decoration as when it was let to you (fair wear and tear excepted).
38 Damage and Repairs
38.1 That you, your visitors or any person living with you or any pets will not cause damage to, and will take every reasonable precaution to prevent damage to your home, the Building and/or the Estate (including but not limited to damage by condensation, frost, fire, or explosive materials).
38.2 That you are responsible for any works (including but not limited to installing, maintaining, improving, repairing, replacing, cleaning, clearing, removing,
disposing of and/or making good) (“Works”) required to your home, the Building, and/or the Estate which are not our responsibility and/or result from any damage or neglect if caused by you, any person living with you and/or your visitors and/or pets.
38.3 Examples of Works required that are your responsibility, include but are not limited to:
(i) adjusting doors to enable them to fit easily when carpet has been laid;
(ii) repairs to appliances, fixtures, fittings, extensions and additions that have been installed, with or without permission, by you or by a person who assigned the Tenancy to you or by a person you succeeded the Tenancy from, unless formally adopted by us;
(iii) replacing lost or damaged keys (except sheltered schemes, where there may be a charge);
(iv) replacing damaged locks (except sheltered schemes, where there may be a charge);
(v) filling small plaster cracks;
(vi) replacing light bulbs
(vii) removing blockages to drains;
(viii) fixing toilet seats;
(ix) repairing TV aerials or satellite dishes (unless communal) and any damage to property or neighbouring property caused by their installation;
(x) replacing electric plugs and fuses;
(xi) replacing plugs and chains to sinks, washbasins and baths and tap washers;
(xii) cleaning smoke detectors and carbon monoxide detectors and replacing batteries;
(xiii) testing smoke detectors and carbon monoxide detectors weekly;
(xiv) repairing accidental damage to sanitary fittings;
(xv) repairing boundary fences between your home and another property;
(xvi) fixing broken glazing;
(xvii) repairs to your home required because of a fire caused by an act or omission by you, including un-extinguished cigarettes, faulty wiring installed by you or someone at your behest, candles, or other naked flames or bonfires;
(xviii) repairs to your home required because of a flood caused by an act or omission by you, including water escaping from appliances, damage caused as a result of failure to report minor repair that leads to greater damage, overflowing sinks or baths and any unauthorised works to pxxxx and sanitary ware that results in an escape of water;
(xix) preventative works to protect your home from damage caused by fire, condensation, frost or water;
(xx) preventative works to protect your home from condensation, (which can cause damage to the fabric of your home) including wiping down condensation, and heating and ventilating your home and following any additional advice we may provide you with from time to time.
A full list of the items of repair for which you are responsible can be found in the Tenants Handbook provided with this Tenancy and which may be updated form time to time.
39 Alterations & Improvements
Not to make any alterations, additions or improvements to your home, the Building, and/or the Estate without first getting our written consent. Any consent given to you by us may have reasonable conditions attached to it which you must comply with.
40 Fire Prevention & Fire Safety
40.1 Not to keep or hoard anything in your home, any garage, the Building, and/or on the Estate which may be combustible and/or is particularly likely to catch fire or explode. You must not use paraffin or Calor gas heaters or gas cylinders or camping cookers or table top fires or gel fuels including bio ethanol burners inside your home, the Building and/or on the Estate.
40.2 Not to tamper with and/or damage gas, electricity or water supplies or meters, smoke detectors, carbon monoxide detectors, fire extinguishers, fire alarms, or other fire equipment, security or safety equipment including self-closing door devices, communal digital TV aerials or any other shared equipment, or any other emergency alarm equipment provided by us in your home, the Building and/or on the Estate.
40.3 Not to block any shared stairways or passages or store your possessions under any open shared stairways or in any open recesses in Communal Areas.
41 Failure to carry out Works
41.1 If you breach your responsibilities to carry out Works under this Tenancy, we shall be entitled to serve a notice on you telling you what you must do to put right the breach. You must put right the breach within whatever reasonable timescale we set out in the notice and to a reasonable standard. If you do not do so we shall be entitled to put right your breach and you shall pay to us our reasonable costs of doing so within 28 days of us requesting payment from you.
41.2 If you do Works in response to a notice served on you by us, we shall be entitled to inspect what you have done. If what you have done is not of a reasonable standard then we may do whatever is necessary to bring it up to a reasonable standard and you shall pay to us our reasonable costs of doing so within 28 days of us requesting payment from you.
41.3 This clause applies to Works required resulting from your breach of this Tenancy, which includes (but not limited to) the following clauses:
(i) maintaining your garden (clause 34);
(ii) undertaking repairs that are your responsibility (clauses 26, 37 and 38);
(iii) repairing any damage caused that you are responsible for repairing (clauses 26, 37 and 38);
(iv) undertaking any improvements or alterations (authorised or otherwise) (clause 39), your parking obligations (clause 44) (such Works may include removing your vehicle).
42 Reporting disrepair
To report to us promptly any repairs for which we are responsible in your home, the Building and/or on the Estate.
43.1 To allow our employees or contractors or agents into your home at reasonable times and with reasonable notice to inspect the condition of your home or any installations (including gas installations and annual servicing of gas appliances) or to carry out repairs or other works to your home or nearby property or for the management of the Tenancy or for the management of the Building and/or Estate. We will normally give at least 24 hours’ notice but this may not be possible in an emergency.
43.2 To allow us access during the last 4 weeks of the Tenancy to undertake an end of tenancy inspection and to enable prospective tenants to view the property accompanied by one of our representatives. We will give at least 24 hours’ notice that access is required for such purpose.
43.3 That if we agree an appointment date with you for any of the reasons set out above, and you do not allow access to us, our employees, agents and/or contractors on that date then you shall pay to us our reasonable costs and/or losses incurred as a result of your failure to allow access within 28 days of us requesting payment from you.
43.4 If you do not allow us into your home when we have given you reasonable notice, we may take court action to gain access. In an emergency we may need to force immediate entry.
43.5 If you live in accommodation that uses a Master Key system you agree that we can gain access to your home for emergency purposes using the Master Key that we retain, for example in sheltered accommodation.
44 Parking and garages
44.1 That you, your visitors, or anyone who lives with you will not park any motor car, motor cycle or moped (“Motor Vehicle”) anywhere at your home, the Building and/or on the Estate unless it is roadworthy, taxed and insured, and is parked:
(i) In any private garage granted as part of your home (if any); or
(ii) in any designated parking space (where these exist); or
(iii) in any shared car park (where these exist); or
(iv) at your home on any hardstanding (with access to a dropped kerb where you have obtained all the necessary approvals and/or planning permission and only where the Motor Vehicle is of a safe and appropriate size and weight to use the hardstanding);
(v) legally and not in breach of any restrictions on how you can use your home under this Tenancy.
44.2 If you or members of your household, or your visitors park on land other than as permitted above, they do so at their own risk.
44.3 That you, your visitors or anyone who lives with you will park with due care and consideration and not cause nuisance or inconvenience to other road users and pedestrians, without obstructing any roads, garage forecourts, service roads, footpaths, greens, verges, access routes, driveways or other parking spaces on the Estate.
44.4 That we may give you specific or implied consent to use a designated parking space. You agree that our consent may be:
(i) subject to reasonable conditions; and
(ii) limited to a specific time period; and
(iii) withdrawn by giving you 1 weeks written notice.
44.5 Not to build a parking space, without first getting our written permission and any other necessary permission, including any planning permission and building regulations consent you may need. It is your responsibility to find out if you need planning or other permission. If you do not get permission or do not do the work to our satisfaction, you must put things back as they were before.
44.6 Not to keep anything in any garage granted as part of your home that may be a fire risk or dangerous to health.
44.7 Not to park a commercial vehicle, caravan, motor home, mobility scooter, quad bike, boat, trailer or a vehicle which weighs over 3,500kg anywhere on the Estate without our written permission.
44.8 To carry out only reasonable minor repairs to your household’s (not other persons) private motor vehicle(s) in the parking areas you are permitted to use in accordance with clause 44.1 above. You must not break up vehicles, or carry out any repairs that cause a nuisance, annoyance or offence. This includes the use of paint-spraying equipment, hoists, welding equipment, or powered tools. You must not run a car repair business or sell cars or other vehicles or such items from your home or garage or Communal Areas or the Estate.
44.9 Not to keep mopeds or motorbikes inside your home, or in the Communal Areas. Mopeds and motorbikes must be parked only in accordance with clause 44.1 and
We will not insure your personal possessions. You are strongly advised to insure your personal possessions (which include your personal fixtures and fittings, furniture and effects) against loss or damage (including loss and damage from fire and flood). If you fail to do so and suffer a loss, you will be responsible for the cost of replacement.
Not to assign (give or transfer) your Tenancy except by court order or with our prior written consent when exercising an Exchange under Clause 61 below.
47 Sub-Letting & Lodgers
47.1 Not to part with possession or sub-let the whole or any part of your home at any time.
47.2 Not to take in any lodgers without first getting our written consent. We will not give our consent if your home would be overcrowded as a result, or if the amount you intend to charge is more than the Rent you have to pay or we believe it could result in other tenancy breaches or social housing fraud.
47.3 If you live in sheltered accommodation you will not take in any lodgers at any time.
Not to allow more than the number of people shown on page 3 to live at your home.
49 Sheltered accommodation
The following conditions also apply if you live in sheltered accommodation for older people:
(i) You must not change locks, or put in more locks unless we agree in writing first;
(ii) If you live in a flat, you must not install a gas cooker unless we agree in writing. Tenants of flats who share an entrance or hallway will not be allowed to install a gas cooker;
(iii) You must meet any age criterion that applies to the sheltered scheme or accommodation. If you are under the specified age requirement for the scheme it will be a breach of tenancy for which we can seek possession;
(iv) You and your visitors must not misuse or damage the community alarm system.
50 Estate Regulations & Superior Lease Requirements
50.1 To comply with any specific regulations or restrictions that applies to your home. By way of example this might include restrictions in relation to the keeping of certain pets, vehicle restrictions or use of balconies.
50.2 If such restrictions/regulations apply to your home you will be given a copy of such restrictions/regulations which will override any conflicting clauses in this Tenancy.
51 Owning/Renting Other properties & Changed Circumstances
51.1 During this Tenancy you must not (either solely or jointly) own or rent any other residential property which it would be reasonable for you to occupy. You must tell us if you own a residential property or have another residential lease or tenancy.
51.2 In deciding whether you may be in breach of this clause we will consider:
(i) whether the other property is fit to live in;
(ii) what purpose the other property was acquired for;
(iii) whether the other property is suitable for your household’s needs;
(iv) whether it would be reasonable for you to sell the other property.
52 Absence from your home
To tell us in writing, and if possible in advance, if you are or expect to be absent from your home for four weeks or more in a row. To provide us with your contact details whilst you are going to be absent.
53 Moving out & goods left in your home
53.1 You must give us vacant possession and return the keys of your home (including all window and other keys) at the end of the Tenancy (by no later than 12 noon on the final day). You must also remove from your home, garage and any Communal Areas (including storage or electrical cupboards) all of your furniture, personal possessions (including any floor coverings you have put down) rubbish and pets and leave your home and our fixtures and fittings in a clean and good lettable condition (subject to fair wear and tear). We do not accept any responsibility for anything you leave at your home at the end of your tenancy.
53.2 That if you do not return the keys (including all window and other keys) by 12 noon on the day this Tenancy ends you will pay to us an amount equivalent to the Rent due for the last week of the Tenancy; and the reasonable cost of changing the locks to your home and replacement locks and keys, within 28 days of us requesting payment from you.
53.3 That on the day this Tenancy ends, if you do not remove all personal possessions and rubbish and leave your home including our fixtures and fittings in a clean and good lettable condition, then you will pay our reasonable costs of carrying out
such Works necessary (including storing or disposing of your goods) to put right your breach within 28 days of us requesting payment from you.
53.4 We shall be entitled to use the proceeds of disposal (if any) of the goods towards settling any arrears of Rent or other monies that you owe to us and if there is any balance of proceeds of disposal after payment of any sums of money due from you to us such balance will be paid to you.
54 Engagement with us & other agencies
To meet with and work positively with us and all other agencies that are involved with or appointed to you. This includes attending or engaging with regular tenancy review meetings and allowing us access to discuss with you any matters which we consider necessary for the management of your Tenancy. This also includes providing us with information that we may ask for to assess the ongoing suitability of the accommodation for you.
SECTION 4 - YOUR RIGHTS
You have the following rights:
55 Right to occupy
55.1 You have the right to peacefully occupy your home without unlawful interruption or interference from us during your Tenancy (except that we have a right of access set out in this Tenancy for our employees agents or contractors).
55.2 Your right to live in your home is at risk if you do not:
(i) Keep to the terms of this Tenancy; or
(ii) Respect the rights of other tenants and people in the neighbourhood.
56 Security of tenure
You have security of tenure as an assured shorthold tenant as long as you live in your home as your only and principal home.
57 Right to Make Improvements
57.1 You may make improvements, alterations and additions to your home, provided that you have first obtained our written consent (which will not be unreasonably withheld) and any other necessary approvals (for example in respect of Building Regulations and Planning requirements).
57.2 The types of works you must not carry out without first obtaining our permission include (but are not limited to):
(a) Installing laminate and wooden flooring;
(b) Carrying out any loft conversion work;
(c) Installing an electric key or gas card meter or water meter;
(d) Putting up any structure in the garden of your home;
(e) Lopping, cutting down any tree or removing any hedge or boundary or planting any new trees in the garden or common parts;
(f) Making a vehicular access from the highway into the curtilage of the property;
(g) Putting up any radio, television aerial or satellite dish;
(h) Putting up any other external decorations to your home;
(i) Making any alterations to our installations, fixtures and fittings;
(j) Installing or fixing any CCTV equipment to the walls or doors;
(k) Installing any bars or other metalwork or reinforcements to the doorways or windows;
(l) Installation or alteration of electrical circuits;
(m) Installing doors, windows or external gates. We will insist on the removal of any front, back or internal doors that do not comply with current fire regulations;
(n) Changing any doors to your home;
(o) Removal of any walls;
(p) Work of a structural nature;
(q) Erecting flag poles;
(r) Installing showers (including showers over a bath);
(s) Installing or altering pathways, xxxxcourts, drop kerbs or other access ways;
(t) Installing solar panels;
(u) Installing log burners;
(v) Erecting fencing;
(w) Creating ponds or carrying out other excavation works.
57.3 Any consent granted by us under paragraph 55.1 above may be subject to conditions.
57.4 Failure to comply with the above paragraph or any condition imposed by us may be treated as a breach of your obligations under this Tenancy and we may require you to reinstate or make good or otherwise remedy any unauthorised works and if you fail to do so we may carry out the work in default and the cost of this work plus a reasonable administration fee shall be recoverable by us from you.
57.5 You are responsible for the maintenance of any improvement, addition or alteration and any making good of any damage caused by it.
57.6 Any permanent improvement, alteration or addition becomes our property by law and cannot be moved when you vacate your home.
57.7 Where there is an improvement to the value of your home as a result of your improvement, alteration or addition, you may be liable to an increase in the rent and Council Tax.
57.8 If we agree to be responsible for an improvement, addition or alteration, or we are obliged to by law, we may charge you for any maintenance costs reasonably incurred as a result.
58 Right to information
You have the right to information from us about:
(i) the terms of your Tenancy;
(ii) our repairing obligations;
(iii) our policies and procedures on tenant consultation, housing allocation and transfers; and
(iv) our performance as a landlord.
59 Feedback and Complaints
59.1 We have a feedback procedure that meets the requirements of the HCA (or its successor). We will give you details about our feedback procedure and update you if it changes.
59.2 If you feel your complaint has not been dealt with properly after following our complaints procedure to the end, you can then take your complaint to the designated person.
60 Succession – general
60.1 If you die, certain people as set out in clause 60.2 below, may take over your Tenancy. This is called ‘succession’. This succession right does not apply if you have already taken over your Tenancy under this clause or a similar succession provision in another tenancy.
60.2 People entitled to succeed to the Tenancy
(i) If you are a joint tenant and you die then the Tenancy continues in the name of the remaining tenant.
(ii) If you are not a joint tenant and you die (and provided you were not already a successor yourself), the tenancy may pass to your wife, husband, civil partner or partner (this includes same sex couples) provided they lived with you in your home as their principal or only home at the time of your death.
61 Exchange of Properties
61.1 You may have the right to exchange your home with another tenant of a registered provider of social housing or a local authority subject to obtaining our prior written consent (which shall not be unreasonably withheld) and the prior written consent of the other landlord.
61.2 Not all tenants and not all properties qualify for the right to exchange. We will upon written request confirm to you whether you qualify and the reasons if not.
SECTION 5 – HOW THE TENANCY CAN BE ENDED
62 The Tenancy can be ended before the expiry of the fixed term:
Re-entry by us
(i) the Rent and other charges payable shall remain unpaid, wholly or in part for 14 days after becoming due, whether formally demanded or not;
(ii) you do not use or cease to use your home as your only or principal home;
(iii) any of your other obligations in the Tenancy are not complied with; or
(iv) any of the grounds for possession listed in Schedule 0 xx xxe Housing Act 1988 applies.
62.2 We can also end the Tenancy before the expiry of the fixed term by getting a court order for possession of your home on:
(i) grounds 2, 7, 7A and 8 of part I of Schedule 0 xx xxe Housing Act 1988; and/or
(ii) any of the grounds in Part II of Schedule 0 xx xxe Housing Act 1988, except grounds 9 and 16.
Surrender by you
62.3 If you want to end the Tenancy by surrender before the expiry of the fixed term, you must give us at least 4 weeks notice in writing, such offer to surrender shall be of no effect until it has been accepted in writing by us. Note that if there is more than one tenant you must all agree to, and sign the 4 weeks’ notice offering to surrender. You must also leave us a forwarding address.
62.4 If you leave before the Tenancy ends you will still be responsible for payment of the Rent until the end of the Tenancy. At the end of the agreed 4 week notice period the Tenancy will end.
63 The Tenancy can be ended on or after the expiry of the fixed term:
Termination by us
63.1 So long as the Tenancy remains an assured shorthold tenancy, by us obtaining and enforcing a court order for possession of your home:
(i) on one of the grounds listed in Schedule 0 xx xxe Housing Act 1988; in which case, we will give you written notice of seeking possession before starting such possession proceedings (unless the Court grants an order that it is just and fair to dispense with the requirement to serve you with such notice); or
(ii) because we have served notice requiring possession in accordance with section 00 xx xxe Housing Act 1988. We may do this if, in the last 6 months of the Tenancy, we have served you with a notice (see clause 12 above) to confirm that we have decided not to offer you another fixed term tenancy. Any notice requiring possession will expire on or after the last day of the fixed term and will give you at least two months’ notice that we are seeking possession of your home when the fixed term ends.
64 Ending of Assured Shorthold tenancy
If this Tenancy stops being an assured shorthold tenancy (because for example you stop living in your home as your only or principal home) we can end this Tenancy by giving you 4 weeks’ notice in writing in accordance with section 146 of thx Xxx xx Property Act 1925 and exercising our rights of re-entry and regaining possession.
I/we confirm that I/we have received keys to my home.
I/we do not own or part-own any legal interest (including a tenancy) in another home.
The information I/we have given in the housing application form to Red Kite Community Housing Ltd or any nominating authority/organisation, and any other information I/we have given in relation to this Tenancy, is true and remains true.
I/we understand that if I/we (or anyone acting on my/our behalf) made a false statement, whether knowingly or recklessly, which has resulted in you offering me/us this Tenancy, you have the right to ask the Court to end my/our Tenancy.
I/we have read and understood this tenancy agreement and I/we agree to comply with the terms set out above. I/we understand that if I/we breach any of the terms of this Tenancy then Red Kite Community Housing Ltd may take possession action against me/us and I/we may lose my/our home.
Signed by the Tenant: ………………………..…………………………………….…….…….…………….……………
Full name: ………..…………………………….………………………………………..…………………….
Signed by the Joint Tenant: ………………………….…………………………………………….……………………
Full name: ……..………………………………………………………………….….………………..………
Signed on behalf of Red Kite Community Housing Ltd: ............................................................
Name: ................................................................... Post held: ...................................................