Assured (non shorthold) Tenancy Agreement

Transcription

1 Assured (non shorthold) Tenancy Agreement Your agreement with Hounslow Homes 1

2 Assured (non shorthold) Tenancy Agreement Translations If you need this Tenancy Agreement for assured tenants in another language or format please contact or minicom Nese keni nevoje te keni kontraten per banuesit e sigurt (assured tenants) ne gjuhen shqipe ose ndonje format tjeter, ju lutemi kontaktoni ose minikom Haddii aad u baahantahay heshiiska degganaanshaha ee dadka deggan guryaha bermanka ah (Assured Tenants)oo afsoomaali ku qoran ama ku daabacan qaab kale fadlan la soo xidhiidh ama minicom

3 Welcome This is your Assured tenancy agreement with Hounslow Homes. This agreement sets out your rights and responsibilities as our tenant and our responsibilities to you as your landlord. Hounslow Homes was set up in 2002 to manage and improve housing on behalf of the London Borough of Hounslow. Hounslow Homes is a not-for-profit organisation that is owned by the Council. Hounslow Homes will manage your home, ensuring that the services we provide are of a high standard. We expect you to look after your home and to treat your neighbours in the way that you would like to be treated. These are reasonable expectations and we will enforce the terms and conditions of your tenancy agreement if these expectations are not met. If we do not meet our responsibilities as outlined in this tenancy agreement we expect you to tell us; giving us the opportunity to put things right. You will receive a tenants handbook which gives you helpful details on a wide range of topics relating to your tenancy. 3

4 Assured (non shorthold) Tenancy Agreement Contents Assured (non shorthold) Tenancy Agreement 5 Section 1 - General Terms 7 Section 2 - Our Obligations 10 Section 3 - Your Obligations 13 Section 4 - Your Rights 21 Section 5 - Signatories 25 4

5 Assured (non shorthold) Tenancy Agreement This tenancy agreement is between Our name and address HOUNSLOW HOMES LIMITED ( we us or our ) of St Catherine s House, 2 Hanworth Road, Feltham TW13 5AB and Name of Tenant(s) ( the Tenant or you ) (In the case of joint tenants, the term Tenant or you applies to each of you and the names of all joint tenants should be written above. Each Tenant individually has the full responsibilities and rights set out in this tenancy agreement). Address in respect of ( your home ) 5

6 Assured (non shorthold) Tenancy Agreement Details of the property Flat/Maisonette/bedsit on the... floor House..... Bungalow... Other (please specify)... The property has (tick which applies) Garden Yes No Front Back Shared Yes No If shared please state which part... Size... Boundary... Storage shed included with the property Yes No Shed location and number... Payments for your home payments for your home at the start of this tenancy are: (i) the rent... per week (ii) rent arrears of... payable at... per week (iii) service charge of... per week Total weekly payment ( rent charge )... per week 6

7 Permitted Number Under overcrowding legislation, the maximum number of people allowed to live at your home is... The tenancy This tenancy begins on... for a week and thereafter weekly until brought to an end, and it is an assured non-shorthold tenancy the terms of which are set out in this tenancy agreement. Section 1 - General Terms It is agreed as follows: 1. Payments for your home The weekly Rent and service and other charges for your home at the start of the tenancy are set out in this tenancy. The payment of Rent and service and other charges is due in advance on the Monday of each week. 2. Services We shall provide the services set out in Appendix 2 of this tenancy for which you shall pay a service charge. Where we provide services to your home, details of these are shown in the service charge schedule which you will receive at the start of your tenancy and which is attached to this tenancy at Appendix 2. The service charge is what is known as a fixed service charge and is payable as part of your total rent charge. We may, after consulting the Tenants affected, increase, add 7

8 Assured (non shorthold) Tenancy Agreement to, remove, reduce, or vary the services provided or charges to the services or introduce new services for which there will be a charge. 3. Rent arrears If you have rent or service charge arrears when this tenancy is granted, you agree to pay off those arrears. If you do not make the payments to clear the arrears, we may start court proceedings to end this tenancy. 4. Changes in Rent and service charge 4.1 We may increase your rent on the first Monday in April following the date on which this tenancy agreement commences by the Retail Price Index (RPI) plus ½ %. This means that the rent will go up by the same percentage as the percentage change in the RPI over the year ending in September before the April when the increase is made plus a further ½ %. 4.2 Any subsequent rent increase will be in line with the provisions of Sections 13 and 14 of the Housing Act Section 13 enables us to increase or decrease the rent by serving you with a notice in the prescribed form giving you not less than one month s notice in writing. The notice shall specify the date when the increase will take effect. You have the right to refer the notice to a Rent Assessment Committee to have a market rent determined. In that case the maximum rent payable for the following year shall be the rent so determined by the Rent Assessment Committee. However you do not have the right to refer the notice of variation to increase or decrease the rent on the first Monday in April following the date on which this tenancy agreement commenced. After the first years increase we will 8

9 increase the rent no more than once every 52 weeks. 4.3 Service of notices This condition gives you notice under Section 48 of the Landlord and Tenant Act 1987 that our address for receiving legal notices, and any other communication arising from this tenancy agreement, is: Hounslow Homes Limited St Catherine s House, 2 Hanworth Road Feltham TW13 5AB Any legal notice, or any other communication arising from this tenancy agreement, shall be validly served on you if posted or delivered to or left at your home or last known address. 5. Altering the agreement Except for any changes in Rent or service charges or where permitted under future legislation this agreement may be changed by Agreement between us and you; or By us providing you with written details of the proposed changes and a statement explaining their effect. We will ask for your comments and give you a reasonable time to reply, usually 28 days We will consider any comments we receive before making a decision We will then issue a written Notice of Variation; giving you 28 days before the changes take effect. 9

10 Assured (non shorthold) Tenancy Agreement Section 2 - Our Obligations We agree: 1. Possession To give you vacant possession of your home at the start of the tenancy. 2. Tenant s right to occupy Not to interrupt or interfere with your right to peacefully occupy your home except where Access is required subject to reasonable notice, to inspect the condition of your home or To carry out repairs or other works to your home or adjoining property, or We are entitled to possession at the end of the tenancy. 3. Repair We are responsible for: Keeping your property in reasonable repair Carrying out repairs to the structure of your property External Decoration Lift Maintenance Fixtures and Fittings we have provided Maintenance of communal areas Repair and condition of facilities, includes play equipment and lighting 10

11 4. Succession general 4.1 If you die, certain people who are specified in the conditions below may in most cases succeed to this tenancy. This condition 4 will not apply if you have already succeeded to this tenancy (either under condition 4 in this tenancy or similar succession conditions in a previous tenancy). 4.2 In certain circumstances, if your home is larger than the needs of the successor or has been provided or adapted for an elderly or disabled person and the successor is not elderly or disabled, the successor will be offered suitable alternative accommodation. 4.3 People entitled to succeed to this tenancy i If you are a joint tenant and you die then the tenancy may continue in the name of the remaining tenant. ii If you are not a joint tenant and you die the tenancy may pass to your wife, husband, civil partner or partner (this includes same sex couples) provided he or she lived with you in your home as their principal or only home at the time of your death. 4.4 Succession other than to spouse or partner i If you are not a joint tenant and you do not have a wife,husband, civil partner or partner (this includes same sex couples) who lived with you in your home as their principal or only home immediately prior to your death, the tenancy may pass to a member of your family who lived with you in your home (as their principal or only home) for at least twelve months prior to your death. 11

12 Assured (non shorthold) Tenancy Agreement ii If more than one member of your family has a right to the tenancy they should agree who will claim it. If there is still no agreement then the Court will have to decide who we will offer the tenancy to. iii If inheritance rules do not allow someone who qualifies undercondition 4.4 i above to take over this tenancy, we may use Ground 7 to end this tenancy agreement and grant that person a new tenancy of your home. If your home has been specially adapted and no one living in your home needs that adaptation or if your home would be larger than the person entitled to a new tenancy reasonably requires, we may offer them a tenancy of a more suitable home owned by us. The new tenancy will be on the same terms as this tenancy other than in relation to rent, service charge and succession. 5. Housing Management To provide you with information on our housing management policies. 6. Insurance To insure the property (the buildings only, including any fixtures and fittings provided by us) for such amount and against such risks as we believe appropriate. However, we will NOT be responsible for insuring your furniture and personal possessions. We strongly recommend that you arrange your own home contents insurance. 12

13 Section 3 - Your Obligations You agree: 1. Possession To take possession of your home at the start of the tenancy and not to part with possession of your home or sub-let the whole of it. 2. Rent To pay the Rent and service charge and any other charges weekly in advance. 3. Outgoings To meet all outgoings applying to your home including water charges and electric and other costs whether metered or billed. 4. Use of your home To use your home for residential purposes as your only or principal home and not to operate any business at your home without our written permission which will not be unreasonably withheld or delayed but may be given subject to reasonable conditions. You will not display any business or trade signs on or around the property. 5. Nuisance Neither to cause, nor to allow members of your household or visitors to cause, a nuisance or annoyance to other persons in the Local area or to any of our tenants, agents, employees or contractors. Where we have provided areas to be used for play including open spaces, you are responsible for ensuring that 13

14 Assured (non shorthold) Tenancy Agreement your, or visiting children do not cause a nuisance in relation to excessive noise, damage to property or risk to the personal safety of themselves or others. 6. Racial and other harassment Neither to commit, nor to allow members of your household or invited visitors to commit, any harassment, or threat of harassment, on the grounds of race, colour, religion, sex, sexual orientation, age or disability that may interfere with the peace and comfort of, or cause offence to, other persons in the neighbourhood or to any of our tenants, employees, agents or contractors. 7. Domestic violence Not to assault or use threatening behaviour towards your spouse or civil partner, or former spouse or civil partner or other member of your household or family whether they are living with you or not and not to harass them or use mental emotional, financial or sexual abuse that might be expected to cause anyone who lives with you to leave your home. 8. Noise Not to make, or allow any one else to make excessive noise or cause excessive vibrations at the property. This includes (but is not limited to) playing or to allow to be played, any radio, television, musical or other recording or musical instrument, as well as using power tools and other electrical or similar equipment, in a way that causes a nuisance or annoyance to other persons in the local area. 9. Pets You may keep a domesticated pet(s) e.g. dog (s) or cat(s) as long as you keep them under strict control and not allow them to 14

15 cause a nuisance or annoyance to your neighbours other people in the locality; nor allow them to cause damage to your home and is subject to the following limitations; Not to keep a dog(s) should your home be located within a tower block. For the purposes of this agreement a tower block is a building of over five floors inclusive of the ground floor but excluding any sub-ground basement. Not to keep a dog(s) should the property in which you live be located within a warden assisted sheltered housing scheme for elderly persons. Not to keep more than one dog should the property in which you live not have a private garden. Neither to, nor allow any person living at or visiting the property to let any animal foul the inside of the premises or shared areas for example passages, footpaths, grassed areas, play areas, lifts or stairways, laundry or drying areas. You must not let any animal(s) foul the private gardens of the property so that it becomes a public health nuisance or annoys neighbours or visitors. You must repay our reasonable costs of any cleaning or other expenses that are needed as a result. 10. Firearms Not to keep, or allow others to keep, or possess within the property any ammunition, firearm, including but not limited to a shotgun or air rifle or air pistol. You may only keep a firearm if it is licensed and/or certified under current or successor legislation and you first obtain the written permission of Hounslow Homes. You and any person living at or visiting the property must not 15

16 Assured (non shorthold) Tenancy Agreement discharge a firearm, shotgun, rifle, air rifle or air pistol in, or in the locality of the property. 11. Repairs and Maintenance To repair and maintain fences, gates and paths which are your responsibility. To keep in reasonable order any garden, shed, patio or balcony which comes with the property that you have sole use of; not allowing it to cause a danger or a health and safety risk to anyone or to obstruct a public right of way. Not to plant any trees or shrubs in any shared or communal areas. If your property has its own garden not to plant any tree or shrubs within 4 meters of the property and 1 meter of a standalone wall unless it is in a tub or container. To obtain written permission before cutting down or removing any trees on the property. To repair and maintain any fixtures and fittings that you or any previous tenant have installed. To be responsible for minor repairs to your home (refer to your tenants handbook for guidance). If, for any reason we need to carry out repairs or other works to the property, the building it is in or the estate it is on and we cannot reasonably do so while you are living there, you will be required to move out temporarily. If this happens we will: Provide you with alternative temporary accommodation while we carry out the work. Tell you when the work is completed. 16

17 Once the work is completed you will be required to move out of the temporary accommodation and return to your permanent home. 12. Internal decoration You are responsible for decorating the inside of the property; ensuring that the condition of the property does not pose a health and safety risk to you, other occupants, our officers or our contractors (refer to your Tenants handbook for guidance). You must not hoard or allow to be hoarded any items within the property or any such items to constitute a health and safety risk or fire hazard. 13. Damage To repair any damage caused to the property, its fixtures and fittings, or to any shared areas, either by you, by any other person living at, or visiting the property. This does not include normal wear and tear. If you do not carry out these repairs, we may carry out the work and charge our reasonable costs to you. This will include: The cost of any special cleaning that is needed to the property because you have allowed the property to become unreasonably dirty or infested. Putting right or restoring to their original state any improvements made to your home which does not meet with our conditions under Section 4, condition 5, Removing graffiti (including sexist or racist graffiti) Carrying out repairs caused by any attacks on a neighbour s property. We will carry out this work urgently and will give you 14 days notice of any charges to be made. If you do not pay the charges when due, this amount can be added to your rent. This will be known as differential rent and will continue until the balance of the rechargeable repair is cleared. 17

18 Assured (non shorthold) Tenancy Agreement You, your household or visitors must not damage or interfere with in any manner, the Fire and Safety equipment provided in the building. Where any such damage or interference takes place, we may charge the reasonable costs for repair or replacement to you. You, your household or visitors must not keep open, damage or obstruct in any way communal entrance doors and/or fire doors within the building. Where such damage occurs, we may charge our reasonable costs for repair or replacement to you. 14. Reporting Disrepair and Access To notify us as soon as possible of any damage to the property or the shared areas or any repairs which are needed for which we are responsible. To give us or our contractors access to inspect any damage and carry out the repairs. We will give you reasonable notice of any visit (refer to the tenants handbook for guidance). If there is a risk of injury or serious damage to the property or a neighbouring property, or to public health, you must give us immediate access. In cases where we need to gain access to the property in such a situation, we have the right to do so without giving you notice although we will try to do so. If we have to force entry we will make sure that your property is secured on departure. To give us or our contractor access to inspect, repair, maintain, remove or install or conduct necessary surveys where we have decided to retrofit energy saving measures. These include but not limited to, solar panels, solar heating and insulation. We will give you reasonable notice of such visits or work. 15. Roadways and vehicles Not to block local roadways and other vehicular access, and 18

19 to keep them, and car parking spaces, clear of un-roadworthy vehicles and other obstructions, nor to repair or maintain vehicles on any estate road, access road, courtyard, verge or car parking space with such frequency so as to cause nuisance or annoyance to others. 16. Liquid or Gas Products Not to keep, store or use any dangerous or inflammable goods materials or substances in or around your home, including garage sheds or communal areas apart from those required for general household use. 17. Alterations and Improvements Not to improve or alter your home except in accordance with condition 5 of Section 4 and to pay any reasonable costs reasonably incurred by us in carrying out any works to return your home to its previous state if you undertake any improvements or alterations in breach of condition 5 of Section Assignment Not to assign the tenancy except in furtherance of a court order or with our written consent (which shall not be unreasonably refused or delayed) when exercising the right to exchange set out in Section 4, condition 10 or assigning the tenancy to someone that would have been qualified under Section 2, condition 4 to succeed to the tenancy if you had died. 19. Overcrowding Not to allow more than the number of persons shown on page 7 to live at your home. 20. Lodgers To notify us of any intended lodger and to tell us on request 19

20 Assured (non shorthold) Tenancy Agreement of the name, age and sex of the intended lodger and of the accommodation he or she will occupy (refer to point 18). 21. Sub-letting Not to grant a sub-tenancy of the whole of your home. Not to grant a sub-tenancy of any part of your home without first obtaining our prior written consent (which shall not be unreasonably refused or delayed). We may give consent subject to reasonable conditions (refer to point 19). 22. Absence from your home To inform us, in writing and if possible in advance, if you are or expect to be absent from your home for 3 months or more. 23. Ending the Tenancy To give us at least four week s notice in writing (ending on a Sunday) when you wish to end the tenancy. Keys must be returned to us the next day (i.e. Monday) by 12 noon. Failure to do this will result in a further week s rent being charged. 24. Moving out To leave your home vacant, in a good condition (subject to fair wear and tear) and to remove all furniture, personal possessions and rubbish. You will be responsible for meeting all reasonable removal and/or storage charges where such items are left in your home. We will remove and store property for a maximum of one month. We will notify you at your last known address. If the items are not collected within one month, we may dispose of the items and you will be liable for the reasonable costs of storage and disposal. The costs may be deducted from any sale proceeds and if there are any costs remaining they will remain your liability. 20

21 Section 4 - Your Rights Your have the following rights: 1. Right to occupy You have the right to occupy your home without interruption or interference from us for the duration of this tenancy (except for the obligation contained in this tenancy agreement to give access to our employees or contractors). Your right to occupy your home is at risk if you do not comply with the terms of this tenancy agreement or have proper respect for the rights of other tenants and other persons in the local area. 2. Tenure You shall remain an assured tenant so long as you occupy your home as your only or principal home. We can end a periodic assured non-shorthold tenancy only by obtaining a court order for possession of your home on any of the grounds listed in Schedule 2 to the Housing Act Details of the grounds of possession can be obtained from us. If we intend to seek possession of your home, we will give you four weeks notice in writing unless: We are using grounds 14 or 14A (in relation to when the notice may be less than 4 weeks; or We are using grounds 7, 9 or 16 when we will give 2 months notice; or The Court has allowed us to go ahead without serving notice on you. 21

22 Assured (non shorthold) Tenancy Agreement The Court will only make an order if we have served on you a written notice complying with the Housing Act 1988 (as amended) or the Court considers it just and equitable to dispense with service of such a notice. As well as seeking a possession, we can ask the Court for an injunction, which may include a power of arrest and an exclusion order to make you comply with or stop breaching any terms of this tenancy or where you use the dwelling for unlawful use. We may also apply for an injunction against an individual who engages in antisocial behaviour. 3. Cessation of assured tenancy If the tenancy ceases to be an assured tenancy we may end the tenancy by giving you four weeks notice in writing. 4. Right to take in lodgers and sub-let part of your home You may take in any persons as lodgers as long as you do not grant a sub-tenancy or exceed the number of people allowed to live in your home (see Permitted Number page 7). You must tell us straight away if anyone else comes to live at your home. As long as you first get our written consent (which we will not unreasonably refuse or delayed), you may sublet part of your home. We may give consent subject to reasonable conditions. 5. Right to make improvements You may make improvements, alterations and additions to your home including cutting down trees, external decoration and additions to, or alterations in, our installations, fixtures and fittings, provided that you have first obtained our written consent and all other necessary approvals (for example, planning permission or building regulations approval). We shall not 22

23 unreasonably withhold or delay our consent but may make it conditional upon the works being carried out to a certain standard. Failure to seek our consent or to comply with our conditions shall be a breach of your obligations under this tenancy. 6. Compensation for improvements You have the right to claim compensation for certain improvements which you have made to your home after a certain date. You can only apply for compensation when your tenancy ends. We will give you full details of the scheme and the qualifying improvements upon request. 7. Right to repair You have the right to have certain urgent minor repairs done quickly and at no cost to you where the repair may affect health, safety or security, and where the repair has not been completed within a specified timescale. We will give you full details of the Right to Repair Scheme including a schedule of qualifying repairs upon request. Under the Right to Repair Scheme, we must pay you compensation if qualifying repairs are not done within set timescales. 8. Right to consultation We will consult you, on matters affecting your home and your tenancy, before making changes in matters of housing management or maintenance which are likely to have a substantial effect on your tenancy. 9. Right to information 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 23

24 Assured (non shorthold) Tenancy Agreement transfers, and our performance as a landlord. 10. Right to exchange You have the right to exchange this tenancy by way of assignment with that of another assured periodic or secure tenant of a registered housing association or a local authority subject to first getting our written consent. There are grounds upon which we can refuse an exchange and we will explain these if we have to refuse. You must not charge any premium in relation to an exchange of this tenancy. 11. Option to Buy You have a contractual option to purchase your home. For full details of the terms and conditions in relation to buying your home please refer to the document ( Option to Buy Information Booklet ). Hounslow Homes reserves the right to change the terms and conditions of this contractual Option to Buy. 12. Complaints There is a procedure for dealing with complaints raised by you on any matter arising from this tenancy. We shall provide you with details of the scheme at the beginning of the tenancy and inform you of any changes. If you are still dissatisfied after the complaints procedure has been exhausted, you have the right to refer the matter to the Independent Housing Ombudsman. 24

25 Section 5 - Signatories Signed on behalf of the landlord:.... You have read this agreement, understand and agree to the terms and conditions set out in this document and where applicable, the handbook. You understand if you, your household and visitors do not comply with the obligations of this agreement that legal action can be taken against you and /or them. This may include applying to the Court for a Possession Order which may result in you losing the tenancy and everyone living in the property being evicted. You agree the information given in any housing application was and still is true. You understand that if you obtained this tenancy fraudulently we may get a court order to take possession of the property. You understand and agree to advise us of any material change in your circumstances which may affect your ability to pay rent or right to claim benefits. You agree that you will tell us as soon as possible if anyone else comes to live with you at your property or if anyone listed as living at your property moves away. I/we have been given an opportunity to read the terms and conditions of this tenancy agreement. I/we understand that I/we should not sign it unless I/we are prepared to agree to keep to the terms and conditions. Signed by the Tenant: If this is a joint tenancy, each Tenant should sign. Date:... 25

26 Assured (non shorthold) Tenancy Agreement APPENDIX Form of Consent Relating to the Data Protection Act 1998 I/We understand that you may use the information you hold about me on our files, so that you can perform your job as my landlord. I understand that you may pass on this information to the following people: Hounslow Homes employees London Borough of Hounslow employees Contractors working on behalf of Hounslow Homes Outside Hounslow Homes Limited: The police for the prevention and detection of crime To research organisations e.g. to carry out customer surveys To social services, the probation service and other similar agencies To your solicitors if you are taking legal action against me or I am taking legal action against you. I/We give you my consent to allow you to process any personal information that you hold about me. I give my consent to your passing on this information when you think it is necessary. Signed (resident): Date:

27 # The Tenancy Agreement (2011) This tenancy agreement is made between: (name/s of tenant/s) and Hounslow Homes Ltd. St. Catherine s House, 2 Hanworth Road, Feltham, Middelsex TW13 5AB Date... This agreement sets out the responsibilities of the tenant/s and Hounslow Homes (referred to as we ). All the tenants living at the property will be responsible for carrying out the agreement both jointly and as individuals. Hounslow Homes responsibilities may be carried out by Hounslow Homes or other persons appointed by us. Hounslow Homes agrees to let the property as a weekly tenancy. The tenancy will start on: Monday... The Property This tenancy agreement covers the property at: This also includes any garage, parking space or garden that is within the boundary of the property. I/We agree to the terms of the Tenancy Agreement Signed...Date... Signed...Date... The Council agrees to the terms of the Tenancy Agreement Signed...Date... 27

28 28 Assured (non shorthold) Tenancy Agreement

29 Notes 29

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32 Updated March 2011 Hounslow Homes Ltd. Registered Office: St. Catherine s House, 2 Hanworth Road, Feltham, Middlesex TW13 5AB Registered in England and Wales - Company No