5 YEAR FIXED TERM TENANCY AGREEMENT: AFFORDABLE RENT

Transcription

1 5 YEAR FIXED TERM TENANCY AGREEMENT: AFFORDABLE RENT Words in italics are for explanation only and do not form part of these tenancy conditions for legal purposes. PARTICULARS OF TENANCY ( PARTICULARS ) THIS TENANCY AGREEMENT ( AGREEMENT ) IS BETWEEN: (1) Walsall Housing Group Limited ( we, our or us ) of 100 Hatherton Street, Walsall, West Midlands WS1 1AB. and We are a: provider of social housing registered under the Housing and Regeneration Act 2008 with the Regulator of Social Housing, currently known as the Homes and Communities Agency; company limited by guarantee, Company Registration Number ; and a charity registered with the Charity Commission, Registration Number (2) <insert tenant(s) names> ( you ). In the case of joint tenants, "you" means each joint tenant named above. Each of you individually has the full responsibilities and rights set out in this Agreement. DETAILS OF YOUR HOME: Address of your home: Description of your home: Other members of your household: Maximum number: <insert property address> (your home ). <insert description of property>. <insert name(s) of other occupier(s)>. You must notify us if there is any change in the members of your household. Our allocations policy sets out details of the maximum number. This is based on the bedroom standard and varies according to the number of adults and/or children living in your home. A copy of our allocations policy is available on request.

2 DETAILS OF TENANCY: Start Date: Grant of Tenancy: Type of Tenancy: This tenancy starts on <insert date> ( tenancy start date ) and is for a fixed term of five years. The tenancy may terminate before the expiry of the fixed term in the ways set out in this Agreement. We grant you a tenancy of your home with shared use of any communal areas with us, our staff and contractors, visitors and any other tenants and occupiers. This agreement is a fixed term assured shorthold tenancy within the meaning of the Housing Act It is also an affordable rent tenancy. This means the net rent charged for your home is approximately 80% of the net rent that would be charged on the open market in accordance with the guidance issued by the Homes and Communities Agency about this type of tenancy. PAYMENTS Payment Amounts: At the tenancy start date, the weekly payments for your home are: Net rent <amount> (the net rent ). The net rent is the amount you pay for the property and the services we provide under this Agreement. Other charges <amount> (the other charges ) Total rent <amount> (the rent ) The rent, or any part of it, may change throughout the tenancy in the ways set out in this Agreement. Payment Dates: Other Payments: The rent is payable in advance. The rent is then due in advance each week on a Monday. You must also pay us the debt of < insert amount > at the rate of < insert amount > a week. This is to repay former debt. This is in addition to the rent due on your home. The amount and period of installments may be varied from time to time by agreement between you and us. SERVICES Services: We will provide you with the following services:

3 Communal electricity Cleaning* Caretaking* (the services ) * Delete if not applicable The services may change throughout the tenancy in the way set out in this Agreement. You will pay for the services through the net rent. PLEASE NOTE: 1. It is a term of this Agreement that you (or anyone acting for you) have not induced us to grant you this tenancy by knowingly or recklessly making a false statement to us or by failing to disclose information. 2. This Agreement is a legal contract binding on you and on us. 3. This Agreement sets out the terms and obligations of the tenancy. You should read it carefully to ensure that it contains everything you want to form part of the Agreement and nothing that you are not prepared to agree to. If you do not understand this Agreement or anything in it, it is strongly suggested you ask for it to be explained before you sign it. You might consider consulting a solicitor, Citizens Advice or Housing Advice Centre. 4. We operate a formal complaints procedure which is outlined in the Customer s Handbook. If you feel that we have broken this Agreement or not performed any obligation contained in it, you should first complain to us in writing giving details of the breach or non-performance. If we fail to deal with the complaint, or, in your view, continue not to comply with the Agreement you can obtain advice and information about your remedies at law from a local Citizens Advice Bureau or law centre or from a solicitor. You can also complain to the Housing Ombudsman. In the case of a joint tenancy, each of you must sign Signed by the tenant:... Print Name:... Dated:... Signed by the tenant:... Print Name:... Dated:... Signed on behalf of Walsall

4 Housing Group:... Print Name:... Dated:...

5 TENANCY CONDITIONS 1. DEFINITIONS In this Agreement, the following words have the following meanings: 1.1 "Alteration" includes any structural change or addition to your home, but does not include the decorating or painting of any interior wall. 1.2 Benefit Authority means the relevant local or central government department responsible for assessing and awarding housing benefit or housing allowance, currently the Department for Work and Pensions, and any local level administrator. 1.3 Energy efficiency equipment means any FIT equipment and/or renewable heat equipment. 1.4 Energy efficiency payment means: any benefits arising as a result of the energy efficiency equipment being connected to the grid and any environmental or renewable benefits (including feed-in-tariffs) relating to the energy efficiency equipment (including any monetary payments); any payments arising as a result of supplies of electricity and/or exports of electricity to the grid from the energy efficiency equipment; and any revenue generated in relation to the energy efficiency equipment. 1.5 FIT equipment means any low carbon generator equipment including (but not limited to) any solar photovoltaic equipment, wind, hydro, anaerobic digestion and CHP technology, which is eligible (as a matter of law) for feedin-tariff payments, together with: any inverters, meters, monitoring equipment, cabling and other associated media and works; and any addition or replacement, that we, or a third party with our permission, may install. 1.6 "Fixture and fittings" includes anything attached to a wall, floor or ceiling in your home supplied at the time when your home was first let to you excluding kitchen units, floor tiles and any energy efficiency equipment. 1.7 Grid means the system for transmission of electricity (both local and high voltage) in England and Wales as operated by persons licensed by Ofgem. 1.8 "Harassment" includes committing or threatening to commit any assault, attack or violent act or omission or series of acts or omissions which interfere with the peace or comfort of any other person

6 1.9 "Your home" means the dwelling-house including fixtures and fittings and any garden, paths, hedges and/or fences, garages and outbuildings owned by us and used exclusively by you, but excludes: any energy efficiency equipment that may be fitted to, in or on the property; and the air space above and around the dwelling house, but includes: (d) any part of the roof of the dwelling-house; and any structural part of the dwelling-house "Housing Office" means the relevant local Housing Office for your home or our main offices at 100 Hatherton Street, Walsall, West Midlands WS1 1AB "Physical abuse" includes any actual or threatened assault, attack, violent act or aggression directed towards neighbours, people in the locality, our employees, agents, contractors or any other person (this could include members of your family) Nuisance" includes any behaviour which in our opinion is likely to be harmful, offensive, annoying, disagreeable or interfere with the quiet enjoyment of any other person Renewable heat equipment means any renewable heat technology equipment or fuel source including (but not limited to) air and ground-source heat pumps, solar thermal, biomass boilers, renewable combined heat and power, biogas, bioliquids and the injection of biomethane into the natural gas grid, and any other technology which is eligible (as a matter of law) for renewable heat incentives, together with: any inverters, meters, monitoring equipment, cabling and other associated media and works; and any addition or replacement, that we, or a third party with our permission, may install "Vehicles" includes cars, motorbikes, scooters, lorries, vans, coaches, camper-vans, caravans, boats or buses/mini-buses "Verbal abuse" includes any words spoken which are intended and/or likely to alarm, distress or intimidate anyone representing us or any other person

7 2. END OF FIXED TERM It is agreed as follows: 2.1 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. 2.2 At any time from the last six months 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

8 3. PAYMENTS It is agreed as follows: Payments for Your Home 3.1 The weekly payments for your home are set out in the Particulars. In this Agreement the term rent refers to the rent set out in the Particulars (i.e. net rent plus other charges) or as varied from time to time in accordance with this Agreement. 3.2 The rent payment is due weekly in advance each week except for any payment free weeks that we may notify you of. 3.3 If you are joint tenants, you are each responsible for all the rent and for any rent arrears. We can recover all or any part of rent arrears owed for your home from any individual joint tenant. If one joint tenant leaves we can claim any rent owing from the remaining tenant or tenants, as well as from the tenant who leaves. 3.4 You agree to pay the rent by direct debit. Changing your Net Rent The Rent Assessment Committee is an independent panel of persons who can decide a market rent. 3.5 We may increase the net rent in April each year, usually the first Monday in April, by giving you at least four weeks notice in writing to tell you the amount of the new net rent and the date when it must be paid from. 3.6 When we review the net rent we will take account of: (d) our published rent policy at the time; our published rules; our financial needs (both present and expected), specifically our ability to pay debts when they fall due; and the guidance of the Homes and Communities Agency on increases for affordable rent tenancies which currently restricts increases in net rent to RPI plus 0.5%. 3.7 You and we may agree a change in the net rent at other times. Net Rent Increase and Improvements 3.8 In addition to any increase in net rent under Condition 3.5, if at any time during the tenancy we carry out any improvement works to your home which require an increase to the net rent under our Rent Policy, we may increase the net rent by giving you at least four weeks notice in writing to tell you the amount of the new net rent and the date when it must be paid from

9 3.9 Before carrying out any such improvements, we will inform you of the amount of the increase in net rent (if any) which will be due from you when the improvements are completed. Changing your Other Charges 3.10 If you pay any other charges, we may change the amount at any time by giving you notice in writing of the change. The notice will set out the new other charge and the date when it must be paid from When setting the other charge we will take into account actual costs incurred in connection with that other charge. Housing Benefit 3.12 If you receive housing benefit, or think you may be entitled to it, you must ensure that you complete the relevant forms and provide the necessary information so your claim can be assessed If you claim housing benefit you agree (if requested and if applicable) to give consent to the Benefit Authority for the direct payment to us of any housing benefit which you may claim as part or whole payment of the rent due to us If your circumstances change so that your entitlement to housing benefit is affected you should promptly inform both the Benefit Authority and us. If more housing benefit is credited to your account than you are entitled to because you have not informed the local authority of a change of circumstances, you will be responsible for paying back any money you are not entitled to receive These Conditions 3.12 to 3.14 will also apply to any form of housing allowance/credit or other benefit introduced by the Welfare Reform Act, which replaces housing benefit. Arrears and Advance Payments 3.16 If, when this tenancy is granted, you have made any advance payments for your home or any other premises we have let to you, then we will credit the amount of any advance payment to your rent account If you leave your home to become our tenant elsewhere: we will be entitled to use all your subsequent payments to settle any debt you owe us for your previous home or your occupation of it; or we will be entitled to credit your rent account for the new tenancy with any money we owe you on your previous tenancy

10 4. YOUR OBLIGATIONS You agree: General Obligations 4.1 To comply with this Agreement or you risk losing your home. This may happen if you do not keep to the conditions in this Agreement. 4.2 You are responsible for your actions and the actions of anyone living with you and any visitors to your home. 4.3 To comply with the Council s Byelaws. A full set of the Council s Byelaws can be inspected at the Central Library, Walsall during normal opening hours. 4.4 To comply with any regulations which we make and notify to you from time to time (following consultation with tenants affected) for the good management of our housing stock. 4.5 Where we do not own the freehold of your home, a copy of the terms and conditions of our lease will be attached to this Agreement. You must comply with the terms and conditions (other than financial obligations) where those terms concern you and your home. Where those terms conflict with the terms of this Agreement, those terms will prevail. Possession 4.6 To take possession of your home at the tenancy start date and not to part with possession of your home. Rent 4.7 To pay: the rent weekly in advance on a Monday; and any former debt as set out in the Particulars, by direct debit. Other Payments 4.8 To pay all gas, electric, water and telephone charges and taxes due in respect of your home. 4.9 To indemnify us against any liability arising from your failure to pay any such charges. Nuisance, Harassment and Anti-Social Behaviour We are committed to taking appropriate action in cases of nuisance, harassment, racial harassment or victimisation and to uphold this tenancy agreement whenever there is sufficient evidence to merit and substantiate proceedings

11 4.10 You must ensure you and any other person residing in, or visiting your home, including your children, do not act in any way which causes or is likely to cause a nuisance, harassment or is anti-social Examples of nuisance, harassment and anti-social behaviour include (but are not limited to): Subjecting any person to any act of harassment or intimidation directly or indirectly; Subjecting anyone who represents us or any other person to any physical or verbal abuse; Subjecting any person to any form of racial harassment directly or indirectly; The term "racial harassment" includes any act or omission or series of acts or omissions which in our opinion has/have been committed by a person of one racial or ethnic origin or belief in any of the following ways: in such a manner that it interferes with the peace and comfort of the person aggrieved; in such a manner that the person aggrieved fears for his or her safety; or in such a manner that the quality of life, religious belief or faith of the person aggrieved is reduced. (d) (e) (f) (g) Subjecting any person to any form of hate crime; Using your home for illegal or immoral purposes; Engaging in activities which are unlawful; Engaging in drug related activities; This includes glue-sniffing, abuse of other legal substances and using any type of drug (including cannabis) at your home or in the communal areas. (h) (i) (j) Damaging or vandalising any of our property; Carrying out persistent vehicle repairs or parking any unroadworthy vehicle or vehicles within the boundaries of your home or parking or repairing any vehicle or vehicles on any adjacent grass verge, shrub bed, private road, communal path, parking area or garage site which causes damage, nuisance or inconvenience; Allowing your home to be used in an untenant-like manner; This includes the storage of identified stolen property and inflammable or toxic chemicals

12 (k) Writing or causing to be written graffiti in the locality; and The term "locality" is a question of fact and will include the estate on which your home is found together with such wider area as makes up the social structure of the area, e.g. shopping centre and places of entertainment. (l) Causing noise nuisance in the locality. Noise 4.12 Without prejudice to Condition 4.10, not to play or allow to be played any radio, television, music, or musical instrument, or create other noise, so loudly as to cause a nuisance or annoyance to neighbours. It is particularly important that noise levels and amplification of sounds are kept within reasonable limits. If you fail to keep within such limits and you cause noise nuisance to your neighbours, you may be regarded as having broken this Agreement and may be subject to criminal proceedings under the Environmental Protection Act 1990 as amended. Noise should be kept to a minimum between 11pm and 7am Monday to Saturday and before 9am and after 10pm on Sunday. Threats to our Employees and Contractors 4.13 Not to, and ensure people who live with you and visitors to your home, do not threaten, intimidate, harass, cause alarm or distress or carry out any violent act against our employees, agents or contractors, either when visiting you at your home or in any of our offices or anywhere else. This means that you, members of your household or guests, including children must not use violent, abusive or offensive behaviour to our employees or agents or contractors working on our behalf. Domestic Abuse 4.14 Not to harass, assault or mentally, physically or sexually abuse anyone living with you or any visitors to your home. Use of Your Home 4.15 To occupy your home as your only or principal home. If you hold a joint tenancy at least one of you must occupy your home as your only or principal home Not use or allow to be used any part of your home for business or trade without both the written consent of us and any planning permission that may be required from the local authority Not affix or exhibit on your home any notice, tradeplate, advertisement or sign, without obtaining our previous written consent

13 Overcrowding 4.18 Not to allow your home to be overcrowded. Our allocations policy sets out examples of when your home will be overcrowded: this depends on the number of bedrooms and the number of adults and children living in the property. A copy of our allocations policy is available on request. Absence from Your Home 4.19 To notify us in advance of any period of absence from your home that exceeds 28 consecutive days. If you have to leave your home at short notice (for example if you are admitted to hospital), you should advise us as soon as reasonably possible If you are going away from your home, you must: (d) Leave your home secure; Take adequate precautions to avoid pipe bursts; Make arrangements for the rent to be paid; and Tell us where we can contact you in the event of an emergency We may conclude you have surrendered your tenancy and abandoned your home if you are away for longer than four weeks. Drugs, Solvents or other Prohibited Substances 4.22 Not to keep, use, sell or trade, and ensure that people who live with you and visitors to your home, do not keep, use, sell or trade in: prohibited drugs; This includes cannabis. solvents other than for the purpose for which they were manufactured; and any other prohibited substances. Alcohol 4.23 Not to sell or trade, and ensure that people who live with you and visitors to your home, do not sell or trade alcohol. Health and Safety 4.24 Not to, or not to allow anyone living with you or any visitors, to use or store in your home, any highly flammable or explosive materials (except for normal household materials) including (but not only) petrol, paraffin, liquid petroleum or calor gas heaters To comply with any health, safety or fire advice reasonably given by us

14 4.26 Not to engage in any activity or conduct that is likely to endanger the health and safety of any residents, visitors, employees or any other persons in the locality To notify us if you identify or believe there is asbestos in your home before interfering with it or disposing of it Not to disconnect, remove or tamper with any batteries (except where the batteries are being replaced) from any fire and/or smoke alarms installed in your home and/or any communal areas. Parking 4.29 Not to park, and ensure people who live with you and people who visit your home, do not park or allow to be parked at your home or common areas, anything other than a currently taxed and roadworthy motor vehicle, cycle or small van (having an axle weight no more than 1.5 tonnes) To only park, and to ensure that people who live with you and people who visit your home, only park in areas set aside for parking. Where spaces are designated for individual properties, or where local parking arrangements exist, these should be observed at all times Not to park any other type of vehicle at your home or in the communal areas without obtaining our prior written permission. This includes any large commercial vehicle, scrap wagon, caravan, boat or trailer Not to use your home or any common areas for the repair or maintenance of motor vehicles (except for day-to-day repairs, for example, changing a tyre and checking oil levels) Not to block and ensure people who live with you and people who visit your home, do not block local roadways and other vehicular access for anyone else who may use the parking area (including neighbours and emergency services) Not to drive or park cars or other vehicles over or on kerbs which have not been lowered or any grassed area. In particular, you must not park cars or other vehicles illegally or in such a way as to cause danger or obstruction. You can only park a vehicle in your own garden if there is an adapted parking area. If you have to cross a pavement to get to your parking area, the kerb to that parking area must be adapted to allow vehicles to cross it. You will require our prior permission (and possibly permission from the Council) before you build such a parking area or have the kerb adapted Not to take motorcycles (including mopeds, motorscooters and motorcycles with side cars) or large car parts such as engines into your home at any time. Gardens 4.36 Keep all gardens in a neat and tidy condition

15 4.37 Not plant bushes or trees to create a hedge more than two metres in height at the rear and one metre at the front or plant a tree within five metres of your home Not allow any part of your garden to grow to such an extent that it interferes with the passage of light or air to any energy efficiency equipment Not to interfere with or alter or place any item in any communal garden. Pets 4.40 Not to keep at your home: any non-domestic animals; This includes for example horses, donkeys, goats, sheep, pigs and chickens. (d) any animal which is classified as dangerous under the Dangerous Wild Animals Act 1976 or the Dangerous Dogs Act 1991; any animal that we decide (acting reasonably) is unsuitable for your home; nor any more than one domestic animal at your home Without prejudice to Condition 4.40, if you live in a flat or maisonette you may not keep any domestic animal without first getting our written consent Ensure that any domestic animals kept within your home: are subject to proper control. This includes (but is not limited to) keeping any dog on a lead outside of your home; are not kept in poor or insanitary condition; and do not cause damage, nuisance or annoyance to any other person or property Your pet or pets must not annoy or frighten other people, and must not foul in any communal area. If the animal does foul in any of the communal areas, you agree to remove the waste and clean the area To pay for the erection of suitable fencing to keep such animals within the boundaries of your home To ensure that all such animals are removed from your home when it is vacated for any reason. If animals are left behind, you will be charged for all costs incurred in the care of the animals as we believe appropriate We may withdraw our permission for any animal to stay at your home if it causes a nuisance to others or causes damage, in which case you must remove the animal permanently from your home

16 4.47 If we find out you are keeping an animal in your home without our permission or in breach of these Conditions, we will ask you to remove the animal and you must remove the animal permanently from your home. Communal Areas 4.48 To use any communal facilities with due regard for the convenience and safety of others To keep all communal areas and any communal cupboards clean, tidy and free of rubbish, personal items and play items Not to cause or permit any obstruction of any communal areas, including the entrance, passageways, stairs and doors Not misuse the communal areas Not to interfere with any safety or security system in the communal areas Not to alter any part of the communal areas Not to: wedge open any communal doors; or fit the latch of a communal door to a fixed open position, as this compromises the safety and security of other residents within the block Not to store any mobility scooters in the communal areas If your home is a flat or maisonette, to accept a share of the responsibility for the cleaning of communal areas in accordance with reasonable regulations published from time to time by us, unless this is part of the services we provide. Rubbish 4.57 To ensure any refuse and rubbish for collection or disposal is securely and hygienically wrapped and disposed of in the appropriate facilities Not to allow rubbish to accumulate in or around your home, including in the communal areas Not to dispose of any item in any area other than those authorised. This includes any item of waste pursuant to the Environmental Protection Act 1990 as amended Not to dispose of any asbestos or any other special waste in any facility we provide, except for any facility licensed to take such material with you paying the appropriate charge

17 Repairs and Maintenance 4.61 You must: Ensure that any potential defect or defects concerning your home are promptly reported to us by phone via the Contact Centre or using the Housing Office for the area; Ensure that fixtures and fittings which you are responsible for are adequately maintained and do not constitute a hazard or danger to the occupiers or cause damage to your home; The Customer s Handbook sets out the fixtures and fittings that you are responsible for in detail: this does include (but is not limited to): (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) replacement of plugs and chains to sink, bath and wash basin; replacement of a WC seat except through fair wear and tear; wall tiling around bath and wash basin excluding mastic sealant; lagging of pipes and tanks; repair/replace garden gates and fencing; internal decorations including minor plasterwork; repair or replacement of interior door latches and furniture; side paths and patios not including main entrance path; easing internal doors; replacement of lost or damaged keys; TV aerials or satellite dishes (unless communal) and any damage to property or neighbouring property caused by their installation; and adequate venting of tumble dryer to avoid condensation. (d) If your home is a flat and is above the ground floor, ensure all floors are covered in carpet or suitable cushioned flooring. You must not fit laminate flooring; To take all reasonable precautions to prevent damage to your home by frost and fire; and (e) To keep your home free from infestations. If there are any infestations for which you are responsible (through your actions or failure to do something), you are responsible for ensuring these are treated and eradicated. Internal Condition of Your Home 4.62 To keep the interior of your home in good repair and in clean and good decorative condition, and to decorate all internal parts of your home as frequently as is necessary to keep them in reasonable decorative order. We might be able to help if you are elderly or disabled If you keep any mobility scooter in your home, to ensure accessways are kept clear in case of any emergency

18 4.64 To inform us in writing as soon as there is any change in circumstances affecting the use of any special facilities which have been provided for the benefit of a person with disabilities. Damage 4.65 Not to, and not to allow anyone living with you or visiting your home to, cause any damage to your home and any communal areas You will be responsible for any damage which in our opinion has been caused deliberately or maliciously To repair any damage to your home or communal areas that is caused by you or by anyone living with you or visiting your home Not to, and not to allow anyone living with or visiting you to, cause any damage to any energy efficiency equipment Any damage or neglect which results in damage to the energy efficiency equipment so that the energy generation capabilities of that equipment are reduced, may mean that you are liable to us for any loss in energy efficiency payments You must not undertake any repairs or alterations to any part of the energy efficiency equipment yourself. Reporting Disrepair 4.71 To report to us promptly any disrepair or defect which you are aware of and which it is our responsibility to repair. This includes any repairs needed to the energy efficiency equipment You must pay us the reasonable cost of any repairs to the energy efficiency equipment that are needed because you have failed to report the repair in accordance with Condition Alterations 4.73 Not to carry out any alterations to your home except in accordance with Condition 5.7. Failure to Carry Out Works 4.74 If you fail to meet your obligations to carry out works under this Agreement either: (d) at all; to an adequate standard; within reasonable timescales set by us; or in accordance with reasonable conditions set by us,

19 we may undertake the works and recover our reasonable costs of doing so from you Clause 4.74 applies to (but is not limited to): maintaining your garden (Condition 4.36); undertaking repairs which are your responsibility (Conditions 4.61 and 4.62); repairing any damage caused that you are responsible for repairing (Condition 4.67); and Access (d) repairing any damage caused by undertaking authorised improvements (Condition 5.8) You must after being given notice in writing, make sure that any person authorised by us is allowed to enter all parts of your home and carry out the following tasks at any reasonable times: (d) (e) (f) (g) inspection; carrying out any repairs or other works, including the annual inspection and maintenance of gas installations, to your home or any other property which we are obliged or entitled to carry out under a tenancy agreement or other legal duty or power; improving your home or any other property or the safety of or the services or facilities offered to the occupants of your home or any other property; reducing or preventing any nuisance arising in your home or elsewhere; preventing any damage to your home or any other property; protecting the health and safety of any person; ensuring compliance with this Agreement and investigating any alleged breach; (h) exercising any of the rights reserved in Conditions 7.1, 7.2 and 7.3; (i) (j) disinfestation; or when this Agreement is due to end, showing prospective tenants around your home, but refusal to allow entry to a person who does not have satisfactory identification will not be a breach of this Condition

20 4.77 We will normally give you 24 hours notice when we require access unless we believe entry is necessary because of an emergency which could cause personal injury or damage to your home or neighbouring property To pay our reasonable costs where you have failed to allow access or rearranged appointments for repairs, servicing or other works despite being given reasonable notice For the avoidance of doubt, you must not block any access to the communal areas, for example by fitting a lock or bolt. Assignment 4.80 Not to assign the tenancy unless: you are instructed to do so by a Court Order; or you are exercising the right to exchange set out in Condition 5.15; or you are assigning the tenancy to a person who would be qualified to succeed under the terms of this Agreement if you had died immediately before the assignment (providing this would not be in breach of any policy which restricts the age of occupants allowed to stay in your home: we will notify you if any such policy applies to the your home) Not to accept or pay any premium in connection with the assignment of the tenancy. Sub-Letting and Lodgers 4.82 Not to part with possession or sub-let the whole of your home Not to part with possession or sub-let any part of your home except in accordance with Condition Not to take in any lodgers except in accordance with Condition 5.3. Ending Your Tenancy 4.85 If you want to end your tenancy before the end of the fixed term, you must give us at least four weeks notice in writing that you want to surrender this tenancy We must accept your surrender before you can end your tenancy To return your keys to the Housing Office by 12 noon on the day the tenancy is surrendered If you leave before the tenancy ends you are responsible for paying the rent up to the end of the tenancy If you are a joint tenant, your notice to surrender must be signed by all joint tenants

21 Moving Out 4.90 You must give us vacant possession of your home. This means no person should be left residing in your home and no belongings should be left within your home To remove all furniture, personal possessions and rubbish and leave your home and our fixtures and fittings clean and in good lettable condition and repair If you leave any of your belongings in your home after you have returned the keys to us and your tenancy has ended, we may sell or dispose of them after we have attempted to give you reasonable notice. Our reasonable costs will be payable by you. Any money collected from any sale of the items will be first credited against the costs of storage and sale, and second against your rent account You should provide us with details of your new address for our records

22 5. YOUR RIGHTS Quiet Enjoyment 5.1 You have the right to peaceful occupation of your home without interruption or interference from us until the end of this tenancy (except for the obligation to give access to our authorised employees, agents or contractors). 5.2 You have security of tenure so long as you occupy your home as your only or principal home. Right to Take in Lodgers and Sublet 5.3 You may not take in a lodger without obtaining our prior written consent. A lodger is someone who: does not have exclusive possession of any part of your home, i.e. you have access to the lodger s room to clean and for other reasons; lives there with your permission; and has no room key. We will not consent if: it would mean your home is overcrowded; you intend to take in someone who breaches our exclusion policy; the person you want to take in would breach any age or other criteria for occupation of your home determined by us (acting reasonably) from time to time; or we have reasonable cause to believe that the person you wish to take in has committed anti-social acts of the type set out in Conditions 4.10 to 4.14 or has allowed such acts to be committed by anyone visiting or residing with them in that they did not take such steps as they ought reasonably to have taken to prevent them. You must also notify us of the name, age and gender of the lodger. Your entitlement to housing benefit may be affected if you take in a lodger. 5.4 You may part with possession of and sublet part of your home subject to obtaining our prior written consent. We will not consent if: it would mean your home is overcrowded; you intend to take in someone who breaches our exclusion policy; the person you want to take in would breach any age or other criteria for occupation of your home determined by us (acting reasonably) from time to time; or we have reasonable cause to believe that the person you wish to take in has committed anti-social acts of the type set out in Conditions 4.10 to 4.14 or has allowed such acts to be committed by anyone visiting or residing with them in that they did not take such steps as they ought reasonably to have taken to prevent them

23 You must not grant an assured (non-shorthold) tenancy to any sub-tenant. You must also notify us of the name, age and gender of the sub-tenant. A sub-tenant is someone who: does have exclusive possession of any part of your home, i.e. you cannot access the sub-tenant s room without their permission; and usually has a room key. Your entitlement to housing benefit may be affected if you take in a subtenant. 5.5 Any consent given by us is personal to you and the particular lodger or subtenant. If your lodger or sub-tenant moves out you must obtain a fresh consent before anyone else moves in. 5.6 You are responsible for the behaviour of any sub-tenants and/or lodgers. Right to make Improvements, Alterations and Additions 5.7 You may make improvements, alterations and additions to your home provided you first get our written consent and all other necessary approvals (for example, planning permissions or building regulations approval). This includes (but is not limited to): the erection of sheds, garages, fences, verandas, greenhouses, outbuildings or pigeon lofts; cutting down any tree or removing any hedge or making a vehicular access from the highway into your home; altering your garden; installing central heating or a gas fire; installing any solid fuel fire appliances; laminate flooring in flatted accommodation; and fitting of TV aerials, satellite dishes, cable services, CB aerials, licensed radio masts or ionic boxes/dishes. 5.8 If we do not give you consent and you have already started the work, you must stop the work immediately and repair any damage caused. 5.9 If we do give consent, any improvements must be completed to an adequate standard Where you have obtained our consent for the alteration of your home, you will be responsible for its proper implementation, final approval and subsequent maintenance. You may also be entitled to receive compensation at the end of the tenancy You may not make any improvements, alterations or additions to any communal gardens

24 Right to Repair 5.12 You have a right to have qualifying repairs done in set timescales. You may also have a right to compensation if we fail to meet our obligations: we can provide details of this upon request. Right to Consultation 5.13 We will consult you before making changes in matters of housing management or maintenance which are likely to have a substantial effect on you. Right to Information 5.14 You have a right to information from us about the terms of this tenancy and about our repairing obligations, our policies and procedures on tenant consultation, housing allocation and transfers, equal opportunities and fixing rents, and our performance as a landlord. Right to Exchange 5.15 You have the right to exchange this tenancy to another tenant by way of an exchange with one other tenant (a direct exchange ) or by exchanges involving more than one other tenant (an indirect exchange ) provided that you have our prior written consent. Every tenant involved in the exchange must have the right to exchange under their tenancy agreement and, if necessary, have the permission of their landlord. Rights of Succession 5.16 On your death the following people have a right to succeed to this tenancy: Any surviving joint tenant(s) if they occupied your home as their only or principal home at the time of your death. This will apply even if you are already a successor; If there are no surviving joint tenants, your spouse, civil partner or a person living with you as your husband or wife provided that they occupied your home as his or her only or principal home at the time of your death and as long as you are not a successor (as defined in Condition 5.17); and If there are no joint tenants or surviving spouse, civil partner or partner who succeeds to the tenancy, a member of your family (as defined in Section 113 Housing Act 1985) may succeed as long as: (i) (ii) they occupied your home as their only or principal home throughout the period of 12 months ending with your death; they notify us in writing of their claim to succeed within six months of your death (at our discretion we may allow a longer period);

25 (iii) (iv) you were not a successor; and that your home is not larger than their needs and has not been provided or adapted for an elderly or disabled person and the successor is not elderly or disabled, or if there is a policy which restricts the age of occupants allowed to stay in your home. In these cases (subject to the other conditions), we will offer the family member a new tenancy of suitable alternative accommodation. The tenancy terms and conditions will be the current terms and conditions that we use at that time. If there is more than one member of your family qualified to succeed under this Condition 5.16, they should agree which of them will claim the benefit. If more than one claim is received and the claimants cannot resolve the dispute within a reasonable time, a Court may decide You are a "successor" for the purposes of this agreement if you: are a person who was a joint tenant and have become a sole tenant; are a spouse in whom the tenancy has vested under Section 17 Housing Act 1988; (d) (e) (f) fall within the definition of successor set out in Section 17 of the Housing Act 1988; became the tenant under the will or on the intestacy of a former tenant of your home; were granted this tenancy under a right of succession which we granted under any tenancy agreement containing provisions similar to Condition 5.16; you became the tenant as a result of an assignment other than in the circumstances set out in Conditions 4.80; (g) you became the tenant as a result of a court order under Section 24 Matrimonial Causes Act 1973 and the other party to the marriage was a successor; or (h) you became the tenant under the right to exchange (see Condition 5.15) and you were a successor under your previous tenancy. Right to Acquire 5.18 You may have a right to acquire your home under Section 16 Housing Act 1996 subject to the requirements of that Section and any regulations made under it

26 6. OUR OBLIGATIONS We agree: Possession 6.1 We will give you possession of your home at tenancy start date. Your Right to Occupy 6.2 Not to interfere with your right peacefully to occupy your home except where: access is required in accordance with Condition 4.76; or we are entitled to possession at the end of this agreement. Repair of Structure and the Outside of Your Home 6.3 We will keep the structure and outside of your home in repair. This includes: (d) (e) (f) (g) (h) (i) drains, gutters and external pipes; the roof; outside walls, outside doors, windowsills, window catches, sash cords and window frames, including necessary external painting and decorating; internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration; chimneys, chimney stacks and flues, including the annual sweeping of solid fuel fire chimneys (but no other type of chimney); pathways, steps or other means of access; major internal plasterwork; integral garages and stores; and boundary walls and fences which are our responsibility. Repair of Installations 6.4 We will keep in repair and proper working order any installations provided or adopted by us for space heating, water heating and sanitation and for the supply of water, gas and electricity. This includes: basins, sinks, baths, toilets, flushing systems and waste pipes; electric wiring including sockets and switches, gas pipes and water pipes; and water heaters, fireplaces, fitted fires and central heating installations

27 Repair of Common Facilities in Blocks of Flats and Maisonettes 6.5 We will take reasonable care to keep the common entrance, halls, stairways, lifts, passageways, rubbish chutes and any other common parts, including their electric lighting, in repair and fit for use by you and other occupiers of and visitors to your home. Repairs Generally 6.6 To carry out all repairs within such reasonable timescales as may be determined by us from time to time in consultation with you. Decoration of the Outside of Your Home 6.7 To keep the exterior of your home and any common parts in a reasonable state of decoration. Information 6.8 To give you information on our housing management policies as required by any guidance issued by the regulator of social housing. Data Protection 6.9 We will comply with the provisions of the Data Protection Act 1984 and the Data Protection Act 1998 as amended from time to time. We will also allow you to inspect information about you which is held by us in the form of computerised data. There may be a small charge to cover our costs We may disclose relevant information about you, anyone living with you and your visitors to your home, to other organisations: for the purposes of preventing and investigating crimes and catching and prosecuting offenders; and in accordance with our privacy statement from time to time. Access to Personal Information 6.11 We will allow you reasonable access to other personal information held about you or members of your family (provided that this right shall not apply to information provided to us in confidence by third parties) and to allow you to correct or record your disagreement with the information held by us. Services 6.12 To provide the services (if any) listed in the Particulars, for which you will pay the net rent The services may be changed by: the written agreement of you and us; or by us, after we have:

28 (i) written to you: setting out the changes to the services we wish to make; and giving you such information as we consider necessary to explain why we wish to make such changes and what effect the changes would have on you. (ii) given you (or someone on your behalf) a reasonable period of time (we shall tell you what that reasonable period of time is when we write to you as this will depend on the circumstances) to make representations to us about the changes; (iii) considered any representations made by you (or someone on your behalf) during that reasonable period of time; and (iv) sent a notice of variation to you: setting out the changes we are making to the services (the new services ); giving you such information as we consider necessary to explain why we wish to make the new services and what effect the new services will have on you; and stating the date on which the new services will take effect. The new services will not take effect until at least four weeks after the notice of variation is sent If the services have been changed following the process in Condition 6.13 above and you do not wish to continue your tenancy with the new services you have the right to end this Agreement by writing to us before the new services take effect stating: You wish to end the Agreement on or before the new services take effect; and The date on which the Agreement is to end, which must be on or before the date the new services take effect. Insurance We must accept this surrender To insure your home for such sum and against such risks as we (acting reasonably) believe appropriate. For the avoidance of doubt we shall not be responsible for insuring your furniture and personal possessions. You are strongly advised to take out contents insurance

29 7. OUR RIGHTS It is agreed as follows: Reserved Rights 7.1 We retain the following rights over your home for the benefit of us or any third party authorised by us: (d) (e) The right to install, keep, maintain, inspect, take meter readings of (including by way of remote monitoring), collect data from, repair, alter, replace, upgrade, clean and remove any energy efficiency equipment in and on your home (including the right to attach the energy efficiency equipment to your home and remove any part or the whole of the energy efficiency equipment from your home). The right to change the position or location of any part of the energy efficiency equipment in or on your home. The right to use all means of reasonable access to and through your home and any building of which your home is part of, for access to and from the energy efficiency equipment so that we or any third party authorised by us can exercise the rights set out in this Condition 7.1. The right to connect into, use and alter the existing electrical cabling, installations and other service media within your home in connection with the use of the energy efficiency equipment for the generation of electricity via the energy efficiency equipment, including exporting electricity to the grid, and the passage or transmission of utilities to and from the energy efficiency equipment and your home. The right to support and protection for the energy efficiency equipment from your home and any building of which your home is part of. 7.2 We also retain the right for our employees and agents and any statutory undertakers, for example Severn Trent Water, South Staffs Water etc, to enter your home for the purpose of construction, installing, inspecting, repairing, renewing, maintaining and removing pipes, conduits, wires and cables. 7.3 We also retain the right for our employees and agents and any emergency services, to enter your home for the purpose of ensuring the health and safety and well-being of you and anyone living in your home, and the safety (including fire safety) and condition of your home and any adjoining property. Security of Tenure 7.4 You have security of tenure as an assured tenant so long as you occupy your home as your only or principal home. 7.5 During the fixed term, we can end the tenancy by obtaining a court order for possession of your home after serving a notice seeking possession on grounds 2, 7, 8, 10, 11, 12, 13, 14, 14A, 15 and/or 17 listed in Schedule 2 of