SAMPLE This document states the terms and conditions by which you occupy the Property/Your Home. Please keep it in a safe place.

Transcription

1 Introductory Tenancy Agreement and Secure Tenancy Agreement This document states the terms and conditions by which you occupy the Property/Your Home. Please keep it in a safe place. You must read this Tenancy Agreement before signing it. Housing Services December 2008

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3 Tenancy Agreement for Introductory and Secure Tenants WELCOME If you have difficulty reading this document because of a disability or because English is not your first language, we can help you. Please call our helpline on or ask someone to call on your behalf. Farsi Korean Kurdish Sorani Arabic (Kingston Council Helpline) Punjabi 3

4 Housing Services Portuguese Tamil Urdu Somali Chinese Albanian French 4 KINGSTON COUNCIL

5 Tenancy Agreement for Introductory and Secure Tenants CONTENTS Section A: Terms and Conditions of Tenancy Jargon explained Introduction...6 Your Rights as an Introductory Tenant...6 Your Rights as a Secure Tenant...8 The importance of keeping your Tenancy Agreement Rent and other charges Changes to rent and other charges Changes to other terms of your Tenancy Agreement Occupation, use and care of the Property/Your Home Conduct/Antisocial Behaviour Safety, security and time away from the Property/Your Home Repairs, maintenance, decoration, alterations and improvements Access Animals Communal areas, joint access ways and facilities Vehicles Ending your tenancy and leaving the Property/Your Home Assignment, Mutual Exchange, Succession and Right to Buy Information, consultation and participation Serving of Notices and requesting permission from the Council Special Conditions...29 Section B: Introductory and Secure Tenancy Agreement...30 Section C: Tenant s Declaration...31 Section D: Tenant Information Sheet...32 Section E: Tenant s Notice to Quit

6 Housing Services SECTION A: Terms and Conditions of Tenancy 1. Jargon Explained Acceptable Behaviour Contract (ABC) An Acceptable Behaviour Contract (ABC) is a voluntary written agreement between a person who may have been involved in antisocial behaviour and one or more local agencies whose role it is to prevent such behaviour (for example the Police and Housing Department). ABCs are most commonly used for young people but may also be used for adults. Agent Anyone acting for or on behalf of Kingston Council. Animal Includes bird, insect, reptile, spider, fish. Antisocial Behaviour Antisocial behaviour is any act, or failure to do something, which causes or is likely to cause a nuisance or harassment or which interferes with the peace, comfort or convenience of other people living in the local area. The behaviour can range from relatively minor acts such as litter to very serious for example racial harassment. This behaviour can lead to legal action being taken by the Council. Anti-Social Behaviour Order (ASBO) An Anti-Social Behaviour Order is an Order made by a magistrate which aims to prevent an individual acting in an antisocial manner. 2 Assignment An assignment means a transfer of your tenancy to another person. Assured Shorthold Tenancy A tenancy for a fixed period of at least six months during which the tenant cannot be evicted other than by a Court Order. Assured Tenants Tenant of a Registered Social Landlord (RSL) that cannot be evicted without a Court Order. Common/Communal Areas Means any other part of the building or the estate in which your Property/Your Home is situated where you and your household are permitted to go. This also includes, but is KINGSTON COUNCIL

7 Tenancy Agreement for Introductory and Secure Tenants not limited to, any fire escape, stairway, passageway, corridor, lift, rubbish chute, bin, drive, path, lane, road, or other access, communal gardens and play areas. Demotion of Tenancy Demotion of a secure tenancy following a Court Order as a result of antisocial behaviour - similar to an introductory tenancy - with loss of rights including Right to Buy and Mutual Exchange. Fixtures and Fittings Such items include kitchen units, bathrooms and sanitary ware, plumbing systems, electrical circuits, sockets, switches, lamp holders, doors and locks, glazing. Flat A self-contained unit of accommodation usually on one level - usually one of a number within a building. Garden Lawns, hedges, flower beds, trees, shrubs, outside walls and fences, and any identified piece of land belonging exclusively to the Property/Your Home. Improvement Any alteration or addition to the Property/Your Home. Introductory Tenancy An Introductory Tenancy currently lasts for a minimum of 1 year (subject to statute). If you break the tenancy conditions we can end the tenancy in court before you become a secure tenant. Joint Tenants Joint tenants are both responsible for all the rent and charges. That means if one joint tenant leaves we can collect all the rent, charges and any arrears from the remaining tenant. Either joint tenant can give notice to end the tenancy. The other joint tenant would then have to leave unless we decided they could stay. We will not end a joint tenancy without trying to contact both tenants. Landlord Us, Kingston Council. 3

8 Housing Services Local Area The neighbourhood and surrounding area where the Property/Your Home is located, including privately owned or housing association properties, local businesses and services and open spaces. Lodger A person who pays you money to let them live in the Property/Your Home with you. Maisonette A flat with usually more than one floor with its own entrance from the outside. Mutual Exchange Exchanging your Property/Your Home for another by mutual consent, subject to approval by the Council by way of assignment. Neighbours Your neighbours include everyone living in the local area, including people who own their own homes, private landlord tenants, housing association tenants and local businesses. Notices For example, advising Termination of Tenancy or applying for Right to Buy. Property/Your Home The Property/Your Home you live in, including any garden, but not including any common areas. Registered Social Landlord (RSL) A housing association or a not for profit company registered by the Housing Corporation to provide social housing. Relative Parents, children, grandparents, brothers, sisters, uncles, aunts, nephews, nieces, steprelatives and adopted children. Rent Payment made by a tenant for occupation of, and services to, the Property/Your Home. The rent may also include or have additional charges that must be paid. 4 KINGSTON COUNCIL

9 Tenancy Agreement for Introductory and Secure Tenants Secure Tenant By law secure tenants have the right to stay in a Property/Your Home. We cannot remove a secure tenant from a Property/Your Home unless a court grants an Order for Possession. Spouse/Partner Husband/wife/civil partner in marriage or domestic partner in a long-term relationship. Sub-let Giving another person the exclusive right to live in part of the Property/Your Home but you must also remain living there as your main home. Tenant You, the person who signs the Tenancy Agreement. Us, We, Our or the Council Kingston Council. Officers, employees or contractors means everyone working on behalf of the Council. Vehicle A car, bus, lorry, motorbike, bike, boat, caravan, trailer or similar. Visitors Means people not living with you but who come to see you at your home. Void Inspection An inspection of the Property/Your Home when you have moved out. Written Permission A letter or authorisation form from us giving you permission to do certain things, which may also contain conditions. You Everyone who signs the Tenancy Agreement. Joint tenants are equally responsible, either individually or together, to carry out the terms of the tenancy. Your Household Your family and any other persons living at your Property/Your Home including any lodgers and pets. 5

10 Housing Services 2. Introduction 2.1 Your Tenancy Agreement is a binding contract between you (that is, the Tenant(s)) and the Council. It contains your rights and obligations as a tenant and our rights and obligations as your landlord. Your Tenancy Agreement has been drafted in accordance with the Council s policies and the law in June Your Rights as an Introductory Tenant 2.2 Since 12 June 1997 the Council has operated an Introductory Tenancy Scheme and so long as this scheme is in force the relevant statutory provisions (currently Chapter 1 Part V Housing Act 1996 (as amended)) shall apply to your Tenancy Agreement. 2.3 Subject to Section 125 Housing Act 1996 (as amended) Introductory Tenancies are for a trial period of 1 year beginning from the Introductory Tenancy s start date. Any continuous period for which you have held an Introductory Tenancy or an Assured Shorthold Tenancy granted by a Registered Social Landlord (RSL) immediately before this tenancy will count towards the trial period. 2.4 If you conduct yourself/yourselves appropriately during the trial period the tenancy will automatically become secure after 12 months unless possession proceedings have been issued. If you fail to conduct yourself/yourselves appropriately during the trial period, the Council may extend the trial period for a further 6 months. If we decide to extend the trial period, we will notify you in writing prior to the end of the initial trial period. 2.5 Whilst the tenancy is an Introductory Tenancy the following amendments and additions will apply: Ending your tenancy and leaving the Property/Your Home: Clause 14.7 shall be substituted with: 14.7 The Council can end an Introductory Tenancy by obtaining a Court Order. Before applying to the Court for an Order for Possession, the Council must first serve a Notice of Proceedings for Possession of an Introductory Tenancy in accordance with Section 128 Housing Act 1996 (as amended). Following the issue of possession proceedings the Court shall make an Order for Possession in accordance with Section 127 Housing Act KINGSTON COUNCIL Shaded text shows the differences in clauses if you are an introductory tenant

11 Tenancy Agreement for Introductory and Secure Tenants However, if an Introductory Tenancy no longer exists because, for example, you have stopped occupying the Property/Your Home as your only or main home, the Council may end the tenancy by giving you at least 28 days written Notice to Quit. Assignment (transfer of tenancy from you to another person): Clause 15.1 shall be substituted with: 15.1 An Introductory Tenancy cannot be assigned except in the cases mentioned below: An assignment pursuant to a Court Order made under: n Sections 23A and 24 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings). n Section 17(1) Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce etc). n Paragraph 1 Schedule 1 Children Act 1989 (orders for financial relief against parents) An assignment to a person who would be qualified to succeed you if you died immediately before the assignment. Mutual Exchange: Clauses 15.3, 15.4 and 15.5 shall be substituted with: 15.3 An Introductory Tenancy cannot be assigned except as set out at and above. However, the Council is willing to extend this, subject to the tenant(s) obtaining the Council s prior written permission, so that the tenant(s) can apply for an exchange as an introductory tenant with another introductory CLAUSES tenant or secure tenant or an assured tenant of a Registered Social Landlord, a Housing Trust which is a charity, the Housing Corporation or Housing for Wales AND 15.4 NOW WITHDRAWN 15.4 Permission, which may be conditional on the tenant(s) paying any rent outstanding or remedying any other broken terms of this Tenancy Agreement, will be given subject to the grounds set out in Schedule 3 Housing Act 1985 and the agreement of any other landlord. Such an exchange must be carried out under the special introductory tenancy exchange procedure which requires the tenant(s) to surrender their current tenancy so that they can be given a new tenancy of the property that they are moving to. Shaded text shows the differences in clauses if you are an introductory tenant Tenant(s) Initials 7

12 Housing Services Right to Buy: Clause shall be substituted with: Introductory tenants do not have the Right to Buy. However, the period of time for which they are an introductory tenant will count towards the qualifying period for the Right to Buy discount should the Right to Buy be taken up on becoming a secure tenant. Your Rights as a Secure Tenant 2.6 By law secure tenants and their landlords have a number of legal rights and obligations. For example, as a secure tenant you have the right to: n pass on your tenancy when you die n exchange your tenancy with another tenant n buy the Property/Your Home under the Right to Buy n repair the Property/Your Home, if the landlord fails to do so n be consulted about the way in which the Property/Your Home is managed n take in lodgers n sub-let part of the Property/Your Home with prior written permission of the landlord. The rights of secure tenants are set out in the Housing Act 1985 (as amended). 2.7 A Secure Tenancy can only be ended by the Council obtaining a Court Order for Possession. The circumstances in which the Court will grant this type of order are strictly controlled by law. However, to remain a secure tenant, you (or at least one joint tenant) must occupy the Property/Your Home as your only or main home. If you do not, you may lose your Secure Tenancy and we will be entitled to serve a Notice to Quit on you and apply to the Court for an Order for Possession of the Property/Your Home. The importance of keeping your Tenancy Agreement 2.8 If you, your household or visitors do not keep to the rights and obligations set out in your Tenancy Agreement, the Council may take such action as it considers appropriate. This may include: n Recovering from you any costs that are incurred as a result of you breaking the terms of your tenancy. 8 KINGSTON COUNCIL Shaded text shows the differences in clauses if you are an introductory tenant

13 Tenancy Agreement for Introductory and Secure Tenants n Asking you, or members of your household, to sign an Acceptable Behaviour Contract (ABC). n Applying to the Court for an Anti-Social Behaviour Order (ASBO). n Applying to the Court for an Order for Possession (this may result in you losing your tenancy and you and your household being evicted). n Applying to the Court for a Demotion Order (this may result in you losing some or all of your rights as a secure tenant. Demoted tenants have less security and can be evicted more quickly than secure tenants). 2.9 The Council will not normally re-house you and/or your household if you have broken the terms of your Tenancy Agreement. This is subject to certain statutory obligations that we have to house people. Some examples of breaking the terms of your tenancy which we consider serious are: n Not paying rent. n Committing antisocial behaviour As long as you pay the rent and you and your household and any visitors keep to the terms of your Tenancy Agreement, you shall be entitled to occupy the Property/Your Home for the duration of your tenancy. The Council will not interfere with your right to possession or ask the Court to make an Order for Possession unless the Property/Your Home is required for another reason (for example, should your home require demolition) If you are unsure of any of your rights under this Agreement, you should consult a solicitor, a law/legal advice centre or Citizens Advice Bureau before signing it. Any complaints about Housing Services should be discussed with your Estate Manager or through the Housing Contact Centre. The Council s complaints procedure can be found at or you can ask for details from the Housing Contact Centre. 3. Rent and other charges 3.1 The rent and any other charges must be paid in advance every Monday. The first payment is due on the date your tenancy begins. Rent and other charges may be paid on a calendar month basis but payment must be made in advance by the 6th day of the month. Tenant(s) Initials 9

14 Housing Services 3.2 It is a condition of your tenancy that any service charges or charges for support services for the Property/Your Home, are part of the rent. 3.3 Joint tenants are equally responsible for paying all (not just half) the rent and any arrears of rent. The Council can ask for all the money owed from either or both of the joint tenants. If one tenant leaves, they remain liable for the rent and any arrears as does the remaining tenant. 3.4 Where any rent is payable by Housing Benefit it shall be paid directly to the rent account. You are responsible for making and pursuing any claim for Housing Benefit. 4. Changes to rent and other charges 4.1 The amount of rent and service charges may be changed once the Council has served a Notice addressed to the tenant(s) at the Property/Your Home giving details of the changes. The changes will take effect 4 weeks after the date of service of the Notice. Changes to rent and service charges will usually take place on the first Monday in April. 4.2 The amount of water charges you pay shall be the exact amount payable for the Property/Your Home to the water authority. Any changes will be notified in writing addressed to you at the Property/Your Home giving details of the changes. The changes will take effect immediately. 5. Changes to other terms of your Tenancy Agreement Changes to the terms and conditions of your Tenancy Agreement can be made: KINGSTON COUNCIL By written agreement between you and the Council In accordance with the law which currently requires us to serve a preliminary notice on you giving full details of the changes and inviting your comments on the changes within a reasonable period of time. Following consideration of any comments, a final notice, addressed to you and served at the Property/Your Home, will give details of the changes and the date they take effect. This shall be at least 4 weeks (or one month if you have a monthly tenancy) after the date of service of the final notice In accordance with sections 14 to 17 Anti-Social Behaviour Act 2003 by applying to the Court for an Order demoting the tenancy. Before

15 Tenancy Agreement for Introductory and Secure Tenants applying for such an Order, we must first serve you with a Notice Before Proceedings for Demotion. If the Court demotes your tenancy, you will lose some of the rights which you had as a secure tenant. We will provide you with details of the changes to your rights should this happen. 6. Occupation, use and care of the Property/Your Home 6.1 You (or in the case of joint tenants, at least one of you) must occupy the Property/Your Home as your only or main home and use it in accordance with the terms of your Tenancy Agreement. You must move into the Property/Your Home within 7 days of the date on which your tenancy begins, unless agreed otherwise in writing, but the first payment of rent is due on the first day the tenancy begins. 6.2 You must only use the Property/Your Home to live in and not for any business or other purpose, unless the Council has given prior written permission. Permission will not be granted where it would result in breaking Planning Regulations or cause nuisance or annoyance to neighbours or anyone in the local area. 6.3 You are responsible for your belongings and the decoration of the Property/ Your Home and it is your responsibility to take out insurance to protect them. We recommend that a contents insurance policy is taken out as it can protect belongings and decorations in cases of accidental damage, fire, flood, theft, loss and so on. We have an approved insurance scheme, which is comprehensive and cheap. Information about this can be obtained from the Housing Contact Centre or go to our website to find out more. 6.4 You must ensure that all appliances such as dishwashers and washing machines are properly connected to the water supply, drainage and other services and are in accordance with all applicable standards. You must also take such reasonable steps as are necessary to ensure that pipes do not freeze up, that any damp proof course is not broken, that waste and soil pipes do not become blocked or contaminated and that no water or other fluid is allowed to seep from the Property/Your Home. 6.5 You must make sure that nothing is thrown, dropped or allowed to fall from any window or balcony or any part of the outside of the Property/Your Home or onto or into other land or property. Tenant(s) Initials 11

16 Housing Services 6.6 You must not keep any moped, motorbike or similar vehicle, or any other machine driven by an engine, inside the Property/Your Home or in any outbuilding such as a shed which is directly attached to the Property/Your Home. 6.7 You must make sure that the whole of your Property/Your Home, including any garage, outbuilding, yard, garden or land, is kept clean, tidy and free from rubbish and vermin. A small bonfire to burn domestic garden waste is permitted provided it does not cause a nuisance or annoyance to anyone in the local area. You must look after the garden and any other outside area. You must make sure that where any trees on the Property/Your Home are the subject of a Tree Preservation Order that the terms are fully complied with. You must not allow any boundary hedge, shrubbery or tree to grow more than 2 metres high. 6.8 You must not take down, replace, build or renew any fence or wall unless you have prior written permission from the Council. You must not allow any of the boundaries of the Property/Your Home to be changed (this includes the creation of hardstanding to allow parking of a vehicle) without written permission and all other appropriate permissions (see Clause 13 Vehicles). 6.9 You must not put any structure (shed, garage, greenhouse, or similar) on any land that is let as part of the Property/Your Home without prior written permission and all other appropriate permissions. You must remove any structure at the end of your tenancy, unless we have agreed in writing that it can stay The law gives you the right to take in lodgers and/or to sub-let part of the Property/Your Home but you must have prior written permission from the Council. You must not permit the Property/Your Home to become overcrowded. Sub-letting the whole of the Property/Your Home will result in you losing your Secure Tenancy You, your household and visitors must not hang any washing outside the Property/Your Home, over communal balconies, walkways or other common areas. Washing may be hung within the confines of the Property/Your Home or a private balcony or within a communal drying area specifically provided for that purpose You, your household and visitors may display appropriate posters on a temporary basis in any window of the Property/Your Home but shall not otherwise exhibit or affix to the Property/Your Home or common areas, any sign, placard, notice place or board without prior written consent. (Posters that could be regarded in any way as offensive will not be permitted). KINGSTON COUNCIL

17 Tenancy Agreement for Introductory and Secure Tenants 6.13 You, your household and visitors shall comply with any statutory or other legal requirements relating to, or in any way affecting, occupation of the Property/Your Home You shall use any heating and hot water that are supplied via a communal system and any other services supplied by the Council solely for personal domestic purposes. Communal heating is provided at our discretion. You are entitled to reimbursement of heating/hot water service charges in the event of loss of supply for a period of more than one week occurring either continuously or intermittently over a longer period. An application for any such reimbursement must be submitted to us in writing before it can be considered You are responsible for your household refuse and items to be recycled. You must: Ensure that items to be recycled are done so in accordance with the Council s recycling policies Separate non-recyclable and recyclable items and place in separate bags and/or recycling bins On your collection day place collectable refuse and recycling outside your Property/Your Home or in the designated area. (If your building provides rubbish chutes these can be used for small amounts of non-recyclable refuse at any time. Recycling must be placed in the designated area provided or taken to a Recycling Point) Make sure that your refuse and recycling does not cause an obstruction or a nuisance Safely dispose of unwanted bulky household items for example fridges, furniture, televisions, by taking them to a Recycling Centre, arranging for the Council s Waste Management Team to make a special collection or, if the item is reusable, by arranging for Community Furniture to collect. 7. Conduct/Antisocial Behaviour 7.1 You are responsible for the behaviour of anyone living in and/or visiting the Property/Your Home (this includes within the Property/Your Home itself, the common areas and the local area). You, your household and visitors must not behave in such a way as causes, or is likely to cause, a nuisance or annoyance to anyone or anyone who: Tenant(s) Initials 13

18 Housing Services 14 KINGSTON COUNCIL Lives in, is visiting or is going about a lawful activity at the Property/Your Home OR the common areas OR in the local area Is an employee, contractor or agent of the Council (whether at offices or property owned or used by the Council or at the Council s contractors or agents offices). 7.2 Behaviour which may cause, or be likely to cause, a nuisance or annoyance includes harassment and criminal, illegal and/or immoral behaviour. Examples of such behaviour are set out below. n Harassing anyone (whether adults or children) because of their colour, race, religion or belief, occupation, gender, sexual orientation, age, disability or any other individual personal characteristic. n Being violent, using threatening, abusive, intimidating or insulting words or behaviour to anyone, including another householder or visitor to the Property/ Your Home and the Council s employees, contractors or agents. n Using or allowing the Property/Your Home to be used for illegal or immoral purposes such as prostitution, pornography and handling stolen goods. n Taking, selling, supplying, producing or possessing illegal drugs. n Damaging, defacing or interfering with, or threatening to damage, deface or interfere with, anyone else s property (including acts of vandalism and graffiti). n Taking part in intimidating gatherings in public places. n Doing anything that interferes with the peace, comfort or convenience of other people or that may cause a danger to anyone. n Making any loud noise, whether by yourself or by using any equipment (for example musical, audio, mechanical or electrical) or household items, which might disturb neighbours or people living in the local area. This includes loud arguing, slamming doors and barking dogs. Particular care must be taken so as not to be heard outside the Property/Your Home between 11pm and 7am. n Not taking proper care of, or exercising proper control over, pets (including allowing them to bark or foul). n Becoming drunk and disorderly through alcohol and/or other intoxicating substances. n Vandalising and/or damaging shared security measures, for example CCTV equipment or door entry systems. n Dumping rubbish in common areas and in unauthorised places.

19 Tenancy Agreement for Introductory and Secure Tenants n Playing ball games close to where people live. n Changing/moving the boundaries to your Property/Your Home causing a boundary dispute. n Displaying posters or other similar material which a reasonable person might consider offensive. 7.3 You, your household and visitors are expected to appreciate and be tolerant of other people s different lifestyles. The Council tries to make sure that nuisance, harassment or antisocial behaviour does not spoil its tenants quality of life. In return, we require you to make sure that you, your household and/or visitors do not cause any nuisance or annoyance or behave in an antisocial way. 7.4 The Council will investigate complaints of antisocial behaviour (whether made by or against you or your household or visitors) and take whatever action it considers appropriate to resolve the problem. If you or your household or visitors behave in an antisocial way, we may take such legal action as is considered appropriate. This may include entering into an Acceptable Behaviour Contract (ABC), applying to demote your secure tenancy, applying for an Anti-Social Behaviour Order (ASBO) and/or taking legal action to evict you and your household. 7.5 The Council will not normally consider re-housing you or your household if it is found that you or your household or visitors have caused nuisance or annoyance to, or acted in an antisocial manner towards, people in the local area of the Property/Your Home or our employees, contractors or agents. 8. Safety, security and time away from the Property/Your Home 8.1 You must not allow any fire-fighting equipment, fire alarm, smoke detector, gas safety cut-off valve, security system or similar safety or security device that the Council has put in the Property/Your Home or common areas to be interfered with or removed at any time. You must not allow any fire door or security door to be blocked or propped open. 8.2 You must not use or store bottled gas, petrol, paraffin, or other inflammable or explosive substances in or on the Property/Your Home, common areas or on any surrounding land. A standard refill for lighters and a small quantity of petrol for petrol mowers is allowed. Tenant(s) Initials 15

20 Housing Services 8.3 You must not let waste or other materials build up in the Property/Your Home, common areas or on any land nearby which may cause a hazard, a fire or attract vermin. 8.4 If there is a door-entry system or security system, you must make sure that it is used in a proper manner to ensure that security is maintained. 8.5 You must take reasonable steps to keep the Property/Your Home secure from intruders and not commit or allow any member of your household or visitor to commit any act, or fail to do any act, that may prejudice the Council s building insurance policy. 8.6 If you are going to be away from the Property/Your Home, you must take reasonable steps to make sure the Property/Your Home is left secure. If you are going to be away from the Property/Your Home for more than 30 days, you must tell the Housing Contact Centre. You must also tell the Housing Contact Centre if the Property/Your Home is left empty regularly, for example, during the week because of working away from home. This will help to protect the Property/Your Home and stop the Council from treating it as abandoned. You must give us contact details of someone who can be contacted in case of emergencies. 8.7 You must, as soon as possible, report any squatters, burglary, vandalism or damage at the Property/Your Home to the Police and obtain a crime number. The incident and crime number must also be reported to the Housing Contact Centre. 9. Repairs, maintenance, decoration, alterations and improvements The Council is responsible for repairing the structure and exterior of the Property/Your Home and also for keeping in repair and proper working order the installations that supply water, gas and electricity and sanitation (baths, sinks and toilets). We are also responsible for keeping in repair and proper working order installations for space heating and heating water whether or not in the Property/ Your Home. Where appropriate we will provide a grounds maintenance and cleaning service to the common areas of blocks and estates. You are responsible for all other repairs and for your own installations, fixtures, fittings and general redecorations. See below, in particular Clauses 9.9, 9.10, 9.11 and You must report any repairs that are needed at the Property/Your Home or any communal areas to the Housing Contact Centre as soon as possible after KINGSTON COUNCIL

21 Tenancy Agreement for Introductory and Secure Tenants noticing them. A works order will be placed for the repair and you will be sent written confirmation that the order has been placed. 9.3 Where the Council is unable to carry out works at the Property/Your Home or adjoining property while you and/or your household remain in occupation, we have the right to re-house you and your household either temporarily or permanently (particularly if the Property/Your Home needs to be redeveloped or demolished). You may be entitled to compensation and help with moving costs. 9.4 You must carry out all necessary preparations at the Property/Your Home to enable us to carry out repairs. We will not clear the area concerned of personal possessions. If you do not clear the area concerned of personal possessions, we may attempt to carry out the repair and will try not to cause any damage to the personal possessions but will not take responsibility for any such damage. If you do not make the necessary preparations and the repair cannot be carried out, we may claim costs from you. 9.5 Any officers, contractors or agents who call at the Property/Your Home in relation to repairs or other housing matters will carry identity cards. 9.6 During repair work, we will try to cause as little damage as possible to decorations. However, if any damage is caused then, subject to Clause 10.4 below, the Council will make good the damage or you may be entitled to an allowance to redecorate if the need for that repair work was not your fault or the fault of your household or visitors or pets. 9.7 The Council will remove its rubbish, building materials and equipment from the Property/Your Home upon completion of the work. 9.8 You may be entitled to compensation if we fail within a reasonable period of time to carry out a reported repair that is our responsibility. 9.9 You are responsible for: n all minor repairs n anything that the Council is not responsible for n items which are owned by and put in by you or members of your household You are responsible for decorating the interior of the Property/Your Home. You are also responsible for keeping it, your belongings and anything that you have installed (subject to Clause 9.11 below) clean and well maintained. You must not Tenant(s) Initials 17

22 Housing Services apply any hazardous material to any surface, wall or ceiling or any material which is difficult to remove The Council is not liable to maintain or keep in repair any alteration or improvement made by you to the Property/Your Home or any installation fitted by you unless prior written consent (which is always required, see Clause 9.16) has been given and we have agreed to be responsible You, your household and visitors must use the Property/Your Home responsibly. You, your household and visitors must not damage or deface the Property/Your Home and/or the common areas, building or estate and/or furnishings, fixtures and fittings owned by the Council (whether by a deliberate or careless act or a failure to act in a reasonable way). Where such damage or defacement occurs, you must pay the cost of making good, including the cost of replacement where necessary The Council is not liable for any repair caused by the failure of you or your household or visitors to use the Property/Your Home in a responsible manner and in accordance with the terms of this Tenancy Agreement. In the event of default, we will carry out such repairs as we consider appropriate and/or necessary to preserve the Property/Your Home or surrounding properties and the cost of any such repairs will be charged to you (and payable within 14 days of demand) You must not remove any items owned by the Council from the Property/Your Home or from any other council property. You must pay for the cost of repairing and/or replacing any such items and any damage caused by their removal You are responsible for taking out contents insurance to cover damage to personal belongings and decorations and any third party liability if there is a fire, flood or other accident You have the right to carry out your own alterations or improvements with the Council s prior written permission. We will not withhold permission unreasonably but may impose certain conditions. Any permission, whether conditional or not, will also be subject to you getting all other necessary permissions from other departments (for example, planning permission from Planning and Transportation and building regulations approval from Building Control). You are responsible for maintaining and repairing any alteration or improvement that you make unless it is otherwise agreed in writing. You may get compensation for certain improvement works at the end of the tenancy. KINGSTON COUNCIL

23 Tenancy Agreement for Introductory and Secure Tenants Internal alterations or improvements Includes any changes to the fixtures, fittings or to the provision of services provided by the Council (for example kitchens, bathrooms, floors, etc). Permission for the installation of wooden or laminate flooring will not automatically be granted and will be refused if the Property/Your Home forms part of a block or conversion unless there are exceptional circumstances (for example the flooring is requested on health grounds and you have medical support). Any permission granted will be subject to certain conditions (such as adequate sound proofing) External alterations or improvements Includes any changes to the structure and the outside of the Property/ Your Home (for example the fixing of aerials, satellite dishes, and so on) You agree to allow us to carry out such alterations and improvements to the Property/Your Home as may be required under health and safety law We are not liable to keep in repair or maintain any installation, equipment or similar object belonging to any statutory undertakings such as electricity and gas companies and water authorities We are not liable to rebuild or reinstate the Property/Your Home in the case of destruction or damage by fire or storm, flood or other inevitable accident but would usually re-house you You agree to pay back the Council against any loss resulting from any act or omission by you or your household or visitors. For example, leaving the taps on causing flooding or leaving candles alight and causing a fire. 10. Access 10.1 You must give the Council s employees, agents and contractors access to view and inspect the Property/Your Home and/or to carry out repairs or improvements, (whether at the Property/Your Home or any adjoining property) at reasonable times of the day if we have given 24 hours notice in writing stating the reasons for which access is required If you do not allow access, you may be asked to pay for any costs incurred or wasted (including loss of rent where there is a delay in advertising the Property/ Your Home for re-letting). Tenant(s) Initials 19

24 Housing Services 10.3 In an emergency the Council has the right to force entry without giving formal written notice. Examples are - suspected burst water pipe, gas leak or electrical fault which may either put people in danger or cause damage to the Property/ Your Home or neighbouring property or common areas if not attended to immediately. We will always try to contact you or your emergency contact(s), before forcing entry. The Property/Your Home will be secured afterwards The Council has the right to force entry without giving you further notice if it has given formal written notice to gain access to the Property/Your Home but you have unreasonably failed to allow access and our failure to gain access may result in us breaking our obligations/responsibilities under this Agreement or in law and/or may result in legal proceedings. However, in these circumstances we will try to contact you or your emergency contact(s) before forcing entry. An example of when we may need to do this is to enable us to carry out our duties under the Gas Safety (Installation & Use) Regulations 1998, to check gas appliances regularly to make sure they are safe. We may be prosecuted for failing to do this. Lives could be put at risk if you do not allow access to the Property/Your Home. 11. Animals 11.1 You and your household may keep small caged birds, fish in tanks or small caged rodents You and your household may not keep or permit to be kept at the Property/Your Home (or anywhere on the estate in which the Property/Your Home is situated) any other animal(s) except with the Council s prior written permission The specific written consent referred to in 11.2 above will only be given in accordance with council policy, any locally agreed policy for the block or estate in which the Property/Your Home is situated, in special cases (for example for Guide Dogs or Hearing Dogs) or in exceptional circumstances at the discretion of the Council If you or members of your household are permitted to keep an animal at the Property/Your Home (or have an animal visiting the Property/Your Home) you must: Make sure that it does not cause a nuisance or annoyance or frighten anyone. 20 KINGSTON COUNCIL

25 Tenancy Agreement for Introductory and Secure Tenants Provide and maintain suitable fencing and/or housing and keep it and the animal in a clean and hygienic manner Not leave the animal on its own for long periods as it is unkind to the animal and barking dogs may disturb your neighbours Not keep any animal in such a way as to cause damage to the Property/ Your Home or any neighbouring property Keep dogs on leads whilst on land owned by the Council Make sure that any permitted dog wears an identity tag displaying the owner s name and address and be micro-chipped. A copy of the microchipping certificate must be provided to the Council Not allow any dog to foul on the Council s land You and/or members of your household cannot keep any animal at the Property/ Your Home after it has caused any damage, nuisance, annoyance or frightened anyone. After 12 months you may ask for our permission to keep an animal again Failure to comply with Clauses 11.1 to 11.5 above will mean you will be breaking the terms of your Tenancy Agreement and may result in you being served with a Notice Before Proceedings for a Demotion Order (which may lead to you losing some of your rights as a secure tenant) or you being served with a Notice of Seeking Possession (which may lead to you and your household being evicted from the Property/Your Home). 12. Communal areas, joint access ways and facilities 12.1 You, your household and visitors must use any communal areas, joint access ways and facilities in a responsible way and must not: Use them in any way which may cause a nuisance, annoyance, harassment, distress or worry to anyone who lives in, is visiting or going about a lawful activity in the local area, or who works for the Council (whether as an employee, contractor or agent) Allow any communal areas to be obstructed at any time Block or prop open fire doors or security doors. Tenant(s) Initials 21

26 Housing Services Allow or cause any damage or interference to any property, fixture, fitting or installation, including graffiti Play or hang around in the communal entrance halls, corridors, lifts, on landings, staircases, or near fire escapes or on the ground near ground floor properties You, your household and visitors shall respect and properly use any access way used in common with owners or occupiers of adjoining land You, your household and visitors have the right to use any existing pathway within the Council s adjoining land leading to the front entrance or back door to the Property/Your Home or otherwise giving access to the garden at the Property/Your Home for the purposes of entering and leaving We retain the right to use any existing pathways within the Property/Your Home for access for all lawful purposes (for inspections, viewings, repairs, maintenance, improvements and so on) You, your household and visitors must not store, leave or dump anything in any communal area If rubbish chutes are provided in the building, they must only be used for small amounts of rubbish. Large items of rubbish must be placed in any designated area provided and be in a suitable plastic sack or container If there are communal parking facilities for residents and their visitors, you, your household and visitors must comply with the terms set out in Clause You, your household and visitors must observe any signs displayed by the Council in the communal areas If you, your household or visitors damage or obstruct any of the Council s property, fixtures, fittings or installations and it is necessary to repair, replace or remove the damage or obstruction, we will charge you for the cost of doing so (payable within 14 days of demand) Smoking is not permitted in any indoor communal area. 22 KINGSTON COUNCIL

27 Tenancy Agreement for Introductory and Secure Tenants 13. Vehicles 13.1 You, your household and visitors must not park any motor vehicle outside either the Property/Your Home or on any housing land: n unless it is in a roadworthy condition and fully taxed OR n unless the Council has given you written permission OR n it is an emergency. If the vehicle has a Statutory Off Road Notification (SORN) you may park it outside the Property/Your Home provided you have your own off-street parking area You must not allow any motor vehicle to be repaired, serviced or worked on at the Property/Your Home or on any housing land or on any road outside the Property/Your Home You, your household and visitors should not park any motor vehicle outside of the Property/Your Home, or on any housing land, unless it is in an authorised area of parking. You must not allow a motor vehicle to enter any land that is let with the Property/Your Home unless there is a hardstanding area on the Property/Your Home and a proper crossover from the highway and: We have given prior written permission for the construction of the hardstanding area All other relevant permissions have been obtained for the hardstanding area which must be constructed in accordance with any necessary specifications All other relevant permissions have been obtained for the crossover You must not allow any motor vehicle or other wheeled vehicle to obstruct any road, lane, path, access way or cross over or to block the route of emergency vehicles You, your household or visitors must not park a caravan, trailer, lorry or large commercial vehicle, boat or similar vehicle at the Property/Your Home or on any housing land. Tenant(s) Initials 23

28 Housing Services 13.6 The Council reserves the right to take appropriate enforcement action against any motor vehicle which is parked in contravention of any of these terms in accordance with the law and the Council s current policies. 14. Ending your tenancy and leaving the Property/Your Home 14.1 You may end your tenancy by giving at least 4 weeks notice in writing. The Notice must end on a Monday. A standard form of notice which can be used is in Section E (Tenant s Notice to Quit - see page 33). Where one joint tenant gives notice, the tenancy will end even if the other joint tenant does not agree with the giving of notice and wishes to stay in the Property/Your Home During the notice period you, your household and visitors must allow the Council s employees, contractors and agents access to the Property/Your Home to prepare for the void inspection and to conduct viewings for prospective tenants. At least 24 hours notice will be given, either in writing or by other agreed arrangement At the end of your tenancy, the Property/Your Home must be left: n secure n in a good state of repair n clean and tidy n and cleared of all personal belongings. All the keys to the Property/Your Home must be handed to the Housing Contact Centre within 24 hours of your leaving the Property/Your Home. You should obtain a receipt. Your liability to pay weekly charges will continue if you fail to give the required notice and hand in all keys At the end of your tenancy, if there is any damage to the Property/Your Home or if you remove any item that the Council owns, you will have to pay for any repair or replacement and any other loss incurred. If we cannot get into the Property/ Your Home, after the required notice has ended (either because you did not return the keys or have not left the Property/Your Home empty), you will have to pay compensation for any loss we incur Any item found at the Property/Your Home after your tenancy has ended will be removed and disposed of in accordance with the law and the Council s policy. The cost of doing so will be charged to you. KINGSTON COUNCIL

29 Tenancy Agreement for Introductory and Secure Tenants 14.6 If you abandon the Property/Your Home, you will remain liable for weekly charges until the tenancy has been ended The Council can end a Secure Tenancy with a Court Order. To do so, we will normally have to serve you with a Notice of Seeking Possession and demonstrate to the Court that one or more of the grounds set out in Schedule 2 Housing Act 1985 are satisfied. However, if a Secure Tenancy no longer exists (because, for example, you have stopped using the Property/Your Home as your only or main home), we may end the tenancy by giving at least 28 days written Notice to Quit. 15. Assignment, Mutual Exchange, Succession and Right to Buy Assignment (transfer of tenancy from you to another person) 15.1 A Secure Tenancy cannot be assigned except in the circumstances mentioned below An assignment by way of exchange. This is subject to the Council s prior written consent in accordance with Section 92 Housing Act See Mutual Exchange below An assignment pursuant to a Court Order made under: n Section 23A and 24 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings). n Section 17(1) Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce etc). n Paragraph 1 Schedule 1 Children Act 1989 (orders for financial relief against parents) An assignment to a person who would be qualified to succeed you if you died immediately before the assignment (see below) An assignment may count as the one and only succession that is allowed by law. Mutual Exchange (assignment by way of exchange) 15.3 The law gives you (as a secure tenant) the right to exchange the Property/Your Home with another secure tenant or certain assured tenants. The Council may extend this right to introductory tenants at its discretion. Tenant(s) Initials 25