Tenants handbook. A guide to your new home

Transcription

1 Tenants handbook A guide to your new home

2 Tenants handbook Contents Page Section 1: Introducing DCH 3 Section 2: Your home, your services 4 Service standards Giving you choices Consulting you Interested in getting involved? Personal information Section 3: Your rent 6 How to pay your rent Extra advice Rent statements Rent arrears what happens if I can t pay my rent? Housing Benefit Service charges Support charges Section 4: About your tenancy 9 Fixed-term and periodic tenancies How do fixed-term tenancies differ from periodic lettings? Starter periods Your rights and responsibilities Section 5: Looking after your home and neighbourhood 11 Repairs and maintenance issues Carrying out your own improvements or alterations Decorating Home contents insurance Looking after your garden Aids and adaptations Area walkabouts Environmental works programme Section 6: Living in your home 14 Occupying your home Illegal or immoral use of your home Tenants handbook 04/13 1

3 Keeping pets Running a business from your home Use of communal areas Lifts and door entry systems Parking in gardens and driveways Parking in our car parks and parking areas Garages Dealing with nuisance, anti-social behaviour and disputes Harassment Page Section 7: Sharing and passing on your home 21 Joint tenancies Other assignments of tenancy Tenancy rights after a relationship breakdown Lodgers and subletting Succeeding to a tenancy what happens when a tenant dies? Section 8: Your options for moving on 24 Choice based lettings schemes Mutual exchanges swapping your home Finding an exchange partner the HomeSwapper scheme Section 9: How can I buy my own home 28 The HomeBuy scheme Right to Acquire Right to Buy Section 10: Ending the tenancy 29 How to end your tenancy Section 11: How we can end your tenancy 31 Abandoned properties Breaches of tenancy During the starter period of your tenancy After the starter period The end of a fixed-term Back page: Contact information Tenants handbook 04/13 2

4 Section 1 Introducing DCH Everyone wants a great place to live. Somewhere to be comfortable, to be safe, and to support all that you want to do in life. Where you live is a huge part of who you are and how much you can achieve. We maintain and manage over 19,000 great places to live across Cornwall and Devon - and we re building and investing in more all the time. We support you with things like repairs and emergencies, to make sure you have a home to be proud of around the clock and throughout the year. Not only are we determined to provide homes you can afford to live in, but also homes you want to live in. And we know that you re not just thinking about the roof over you but equally the area and opportunities around you. Wherever we work we look to build communities as well as houses, giving you the very best opportunities to find work, stay healthy and improve your skills. We used to be called Devon & Cornwall Housing group and had six operating companies. Since May 2013, we now trade under the single DCH identity. This means you get everything you need from under one roof. We hope this change makes things simpler for you. More information about us, our history and our aims, values and vision can be found on our website. Tenants handbook 04/13 3

5 Section 2 Your home, your services This handbook is for general guidance and information; your tenancy agreement provides more detailed information. If you contact us by phone, our customer contact team will deal with any enquiry. If they cannot give you a quick response, they will let you know when someone will come back to you with an answer. Your housing officer will be responsible for managing your home and neighbourhood. Service standards For more information on service standards, or on your rights and our responsibilities as a landlord and providing landlord services, please contact our customer contact team, see back page for contact details or visit our website. Giving you choices Wherever possible we want to give you choices when we are planning to carry out improvement or modernisation works at your home, which could include: choice in the style of window/door designs and obscure glass choice of kitchen combinations including cupboards, worktops, tiles, flooring and paint colour choice of paint colours for external walls choice of ways to pay your rent. Consulting you We will advise you of any plans that affect you and your home. We will allow you time to give your views and take account of any points made, before final decisions are reached. We will consult you on significant changes to: planned modernisation or improvement to your home housing management policy. Consultation may be done by letter, our newsletters, home visits or through meetings with residents groups, depending on how many tenants are affected and the nature of the changes proposed. Interested in getting involved? All our customers can get actively engaged with a range of ways to be involved: neighbourhood/area walkabouts join in and help us make improvements in your neighbourhood/area surveys our collection of your views by text, , our website, by phone or by postal questionnaire residents groups we offer advice, grants and training to our customers who are interested in improving their neighbourhood/area Open Door - our magazine for residents, featuring tenants news and events, useful information and all the latest DCH updates Tenants handbook 04/13 4

6 ServiceWatch - is an important scrutiny team, made up of 12 residents from DCH. These residents take a close look at the services we provide and influence the way we develop and improve services in the future. ServiceWatch puts residents in the lead, and is supported by independent consultants to make sure that it has a fresh eye when scrutinising our work. ServiceWatch members play a crucial role in challenging our performance and service standards. Each year we will report back to show where residents have made a difference and influenced services. Personal information We hold information about you and inline with the Data Protection Act; it will be treated as confidential and not passed on to any third party without your permission, unless they are working on our behalf, or if we must pass it on for a legal reason. You have the right to see most of your personal information relating to your tenancy that is held on our files, although there may be some categories of information relating to other people that we have to withhold. Please contact us if you wish to see the information we hold. There is an administrative charge for this. When you have seen the files, if there is any incorrect information, you can have it put right. If we disagree with any change you wish to make, we will record your views about it in our files. Tenants handbook 04/13 5

7 Section 3 Your rent Your rent, and any service charge, is due in advance on Monday of each week. How to pay your rent You have a choice of ways to pay your rent, but wherever and however you make payments there will be no charge to you, which makes paying your rent simple and convenient. Your allpay rent payment card has details of your name and tenant reference number. This allows you to pay your rent and any re-charge payments in any of the following ways: payment by direct debit online you can pay online using your payment card and a debit or credit card. Look for a pay your rent link on our website or go straight to over the telephone call the automated allpay line to make a payment at anytime, or contact us directly. We are now able to take payments over the phone. Please contact our customer contact team, see back page for contact details allpay App you can pay your rent using the allpay App. The mobile App is free to download from the Apple App store and Google Play (formerly the Android Market) pay at a PayPoint terminal in local shops and post offices have Housing Benefit paid direct to us if you are claiming Housing Benefit, you can usually ask for this to be paid straight to us. This may change with the introduction of Universal Credit send us a cheque you can still post a cheque to our Totnes or Penzance offices. Contact addresses on the back page. Just make sure you have written your address and tenant reference number on the back of the cheque, and that it has the correct postage and will arrive on time although we would advise you to pay by allpay. Extra advice get a receipt if you are paying by any method other than direct debit or telephone, you should always ask for a receipt. Please keep this receipt in case there is a query about the payment pay on time please ensure you pay your weekly or monthly rent in advance. Remember, payments can take between two and seven days to reach us depending on how you pay stay in touch if you have any questions about your account, please get in touch. If something changes or you are struggling to pay your rent, don t ignore the problem, contact us straight away. See below for more details. Tenants handbook 04/13 6

8 For further help or advice please contact our customer contact team, see back page for contact details. Rent statements We will send you a rent statement twice a year to show you how much rent we have charged you and how much you have paid. If you think there is a mistake with your rent statement, you should contact our customer contact team, see back page for contact details. Rent arrears what happens if I can t pay my rent? Paying your rent on time is one of the most important conditions of your tenancy, and you are responsible for making sure that your rent account does not fall into arrears. We do understand that sometimes our residents experience a change in circumstances which may cause financial difficulties. You must let us know immediately if you experience any changes. The sooner we know about any problems, the easier it will be for us to help you. What should you do? contact us, we ll do all we can to help you, see back page for contact details get some independent advice ask someone like Citizens Advice or National Debtline to help you don t ignore any letters or calls about your arrears if you think you may be entitled to Housing Benefit, make an application now. You can get a form by contacting your local council. Make sure you provide all the information needed to assess your claim or your claim will be delayed or will not be paid get a receipt for any completed forms or letters you send especially about your Housing Benefit claim keep us up-to-date with information about your Housing Benefit claim make an agreement with us to pay off any arrears at a rate you can afford, and stick to it. We take rent arrears very seriously, so if you fall behind with rent we will take prompt and firm action. We will take all reasonable steps to make personal contact with you as soon as possible, if you haven t already got in touch. If you do not pay as agreed and arrears are not cleared, the next step is a Notice of Seeking Possession. If you still do not pay we will take you to court, where you will be ordered to pay back the rent you owe, plus court costs. Failing to keep to the court order could result in you losing your home. We have also produced an information leaflet on rent arrears. If you think this would be useful, please get in touch. You can also find our leaflets on our Tenants handbook 04/13 7

9 website, along with useful advice on managing your money and dealing with debt. Housing Benefit Housing Benefit is the government s scheme for helping tenants who are on a low wage or whose income maybe below a certain level. Housing Benefit is administered by the local council. Claiming Housing Benefit is your responsibility and although we can give advice, it is up to you to make sure that you get the amount you are entitled to. If your circumstances change, for example you change jobs, take in a lodger or you no longer receive Income Support, you must let the Housing Benefit section know immediately. For further information on Housing Benefit, please contact your local authority. Service charges As well as your rent you may have to pay service charges. Below are some examples of the services covered by service charges: the upkeep of shared areas this may include the cost of cleaning shared areas, looking after shared gardens and paths, and providing shared lighting and equipment such as CCTV, TV aerials and doorentry systems servicing and repairing any specialist equipment fitted in your home a regular contribution to a reserve fund. The charges vary depending on the services you receive and how much they cost to provide. All residents (tenants, leaseholders and shared owners) in your scheme will pay these charges. Most of our tenancies list the services we will provide. If you are not clear what your service charge covers, please contact our customer contact team, see back page for contact details. Support charges If you live in sheltered housing you may also have to pay a support charge. If you are unsure whether you must pay a support charge, please contact our customer contact team, see back page for contact details. Tenants handbook 04/13 8

10 Section 4 About your tenancy Your tenancy agreement is a legal contract between you and us. It sets out what is required of you as a tenant and us as a landlord. It is important that you understand the terms and conditions of your tenancy. If you do something that breaks the agreement, we could take action against you. Similarly, if we break the agreement, there are actions you can take. Over the years we have used a number of different tenancy agreements. Most of the terms referred to in this handbook will apply to all agreements but there are some differences. Please refer to your own tenancy agreement to check the details. Fixed-term and periodic tenancies Since the beginning of 2012, most of our new lettings have been made using what are called fixed-term tenancies. If you have a fixed-term tenancy it will say so clearly on the front page, and the agreement will have a date written into it on which the tenancy will end. If your tenancy started before 2012 it will be a periodic tenancy. We still use periodic tenancies for lettings to older people and some other groups. They do not carry the words fixed-term tenancy. How do fixed-term tenancies differ from periodic lettings? There are some important differences in what is called security of tenure, or the tenant s long term right to live in a home, when it is let for a fixed-term. In some cases this could lead to us taking the property back after seven years. Starter periods All our new tenants will have a starter period at the beginning of their tenancy, unless they are already our tenants and are moving home. The starter period normally lasts for a year and, as long as the tenant does not break the terms of the tenancy in that time, we then move the tenancy onto a longer term basis. If there are serious breaches of tenancy we can end the tenancy during the starter period without going to court. If we have concerns that the tenant is not handling the tenancy well, we may also extend the starter period. If you are in your starter period you have most of the rights of fixed or periodic tenants except that you may not: claim the Right to Acquire ask to exchange tenancies take in lodgers make improvements or alterations to your home, (except for some disability adaptations). Periodic tenancies after the starter period Under our periodic tenancies, the tenant has a long term right to stay in the property after a successful starter period. If we want to end the tenancy we must normally prove to the court that the tenant has broken the terms of the tenancy. Tenants handbook 04/13 9

11 Fixed-term tenancies after the starter period After a successful starter period a fixed-term tenancy is very much like the periodic tenancy, as we must prove to the court that the tenant has broken the terms of the tenancy if we want to end the tenancy before the tenancy end date. The main difference with the fixed-term tenancy is that it has a fixed end date, which is normally seven years from the beginning of the starter period. If you are not sure which type of tenancy you have, please call our customer contact team, see back page for contact details. Your rights and responsibilities Under all of our agreements we agree to: keep the structure and exterior of your property in good repair keep in good repair and working order all existing installations for heating, hot water and sanitation and for the supply of water, gas and electricity respect your contractual and statutory rights respect your right to possession and quiet enjoyment of your home. In return, you agree that we have the right to change the rent and other charges provided we give four weeks notice and do not try to raise the rent more than once a year. You also agree to: pay the rent and any other charges when due take care of the property and any garden included in the tenancy repair or replace items damaged through neglect, carelessness or vandalism, either by you, another member of your household, or visitors keep the interior of the property in a reasonable state of decoration carry out minor repairs for which you are responsible give us access to the property to carry out inspections or repairs, provided this is at a reasonable time, after proper notice is given to you or it is an emergency avoid causing any nuisance or annoyance to neighbours make sure that you, members of your household or your visitors do not harass or offend others, including staff, on grounds of race, ethnic origin, religion, age, gender, sexual orientation or disability use the premises as your only and main home and for residential purposes only give us four weeks notice in writing if you want to end the tenancy and to leave the premises in good condition when leaving your home. Your tenancy agreement also sets out your rights as a tenant, such as your right to peacefully occupy your property and your right to exchange. Tenants handbook 04/13 10

12 Section 5 Looking after your home and neighbourhood Repairs and maintenance issues For more information on repairs and maintenance, please contact our customer contact team, see back page for contact details or visit our website. Carrying out your own improvements or alterations Once you have completed your starter period you may carry out improvements to your home provided you get our written permission. Typical improvements include: putting up extra kitchen cupboards, fitting a TV aerial or satellite dish, building a driveway or car port, and installing a shower. We will usually only refuse permission for reasons of safety, damage to the property or if the alteration could cause nuisance to a neighbour. For example, we no longer allow the fitting of laminate flooring in upper floor flats as it would cause a noise nuisance to a downstairs neighbour. You should check if you need to obtain planning permission and building regulations approval from your local council. You are responsible for applying for these. It is best to discuss your plans with us before doing too much preparation for your work. You will need to submit full details and plans, if appropriate, to us and the council, together with the name(s) of those who will carry out the work. If you would like to discuss your plans please contact us. You must not start work before you have the necessary permissions. We may accept the responsibility for maintaining some installations that you have put in, especially central heating and gas fires, provided: you obtain our permission first the work is properly carried out by a contractor approved by us it only requires the maintenance and checking that we would normally carry out you agree to leave it intact at the end of the tenancy (you will be asked to sign an agreement for this). If you remove any of the fittings, or carry out alterations without permission, we may require you to put things back to how they were originally. If we have to do this after you have left, we will recharge you for the cost involved. Decorating You are responsible for keeping the inside of your home well decorated and clean. You are responsible for: emulsioning and/or wallpapering walls filling in cracks or small holes in walls, particularly where shelves or pictures have been hung Tenants handbook 04/13 11

13 painting woodwork inside your home, including timber or metal windows and sills every few years. What we are responsible for: carrying out decoration works to external wood and metal surfaces approximately every six years external wall painting or power washing approximately every six years depending on the condition of the painted surface. If we carry out repair work which causes damage to your decoration, we will carry out redecoration to those areas affected or help towards the cost of you doing the work yourself. It is part of our and our contractors' responsibility to make good any damage caused as a result of carrying out repairs. Please let us know straightaway if there is a problem following repair work which we have not made good. Home contents insurance We strongly advise you to take out home contents insurance. We insure the structure of your home but not the contents. You are recommended to take out an insurance policy to cover loss or damage to your belongings by fire, theft or water damage. Insurance can also cover decorations within the home and broken glass that we do not replace. If a pipe bursts, we will not normally be responsible for any damage to your belongings, only for repairing the burst pipe and any associated redecoration. We recommend a contents insurance scheme named My Home that offers a low rate for cover and you can pay in instalments. Information on this scheme is available from our customer contact team, see back page for contact details. Looking after your garden You are responsible for looking after your own garden, which includes: keeping it clean and tidy keeping it free of rubbish keeping any hedges, shrubs and trees under control so that they do not become a nuisance to your neighbours keeping the grass regularly cut and not letting the garden get overgrown not cutting down trees or removing fencing without our written permission. If you allow your garden to become untidy and to accumulate rubbish, we will contact you to discuss what we consider to be an acceptable standard. You will be charged for any costs incurred by DCH and we will also consider taking enforcement action for breach of tenancy conditions. Tenants handbook 04/13 12

14 Aids and adaptations If you are having difficulties within your home and need some special equipment or changes made to your home to help you cope, you should contact us and ask to speak to a member of our aids and adaptations team. For large adaptations such as a level access shower or stair lift, we can advise on how to arrange an assessment by an occupational therapist. We can then help you with an application for a Council Disabled Facilities Grant (DFG). Small adaptations such as grab rails, handrails, etc, would usually be carried out by us. There is no need for a health professional referral for small adaptations. More detailed information is available in our 'Aids & Adaptations' leaflet. Area walkabouts We carry out inspection walks to all our properties. All tenants in a specific area or estate/neighbourhood will be invited to attend their local area walkabout. The purpose of the estate inspection is to: give local residents an opportunity to meet our staff identify projects for our Environmental Works Programme identify any grounds maintenance issues identify any repairs to communal areas and facilities identify trip hazards and potholes on estate roads and paths owned by us deal with specific estate management issues such as abandoned vehicles, dog fouling, graffiti, fly-tipping, poorly kept individual gardens, etc. Environmental works programme We allocate a specific annual budget for projects that will enhance the local environment for all our residents. As well as identifying specific projects ourselves, we invite tenants to suggest improvements on their estate that will benefit the local community. Tenants handbook 04/13 13

15 Section 6 Living in your home Occupying your home You have the right to live in your home without interference from us unless: we need to get in to inspect or repair your home and have given you reasonable notice a court makes a Possession Order for you to give up your home. You should live in the property from the start of the tenancy and keep it as your only and principal home. You must let us know if you are living away or intend to be away from the property for a period of over one month, otherwise we may consider that you have abandoned it and start legal action to take back your home. We will also need the name and address or telephone number of someone who has the keys to the property, in case we need to gain access, if there is an emergency. Illegal or immoral use of your home It is a breach of your tenancy for you/your household/visitors to use your home for anything illegal or immoral. This includes dealing drugs from the property, using the property to grow and cultivate drugs, storing stolen goods, keeping unlicensed firearms and prostitution. We have a formal arrangement with Devon and Cornwall Police to exchange information to combat anti-social behaviour. Any relevant evidence of criminal activities supplied by the police may be used in court if we are applying for possession of the property. The police also have the power to close down your home and exclude you from it if illegal drugs are found. Overcrowding of your home It is a condition of your tenancy not to allow your home to become overcrowded. The legal definition is called the permitted number. This number is calculated using the number and size of rooms in the property. Your home would be legally overcrowded if you allow people to move in so that two or more people who are over ten years old and of opposite sex (apart from partners) must sleep in the same room. In counting the number of people for the permitted number, each child under ten years of age counts as half a person and a child of less than one year is not counted at all. The legal definition includes the use of living rooms and kitchens as a bedroom. As your landlord, we use a different standard which is more generous and assumes that only bedrooms are used for sleeping in. It is an offence to allow overcrowding, unless the overcrowding is caused by family growth or a child growing older. This does not include temporary arrangements such as at Christmas time when members of your family or friends come to stay with you for a short time. If you become overcrowded, please contact our customer contact team to discuss your housing options, see back page for contact details. Tenants handbook 04/13 14

16 Keeping pets You can usually keep pets, as long as they are suitable for the type and size of the home you live in, but you must first get our written permission to keep a pet. We can refuse permission if it is unreasonable to keep a particular animal in your property and can withdraw permission if the animal causes a nuisance or damage. The Animal Welfare Act 2006 requires anyone who is responsible for a pet to do what is reasonable to meet their welfare needs. We advise you to contact the RSPCA first for advice and information on how to keep a pet and the suitability of your home. If you have a dog please consider the following: if you have a private garden and let your dog out, you are responsible for keeping the dog under control - your neighbours are not responsible for keeping your dog out of their gardens please keep your dog on a lead in shared areas and keep it from fouling in communal areas, pathways or grass verges never leave your dog alone at any time if it causes a nuisance by barking - it is unfair to your neighbours if it is continually barking please do not allow your dog to roam around on its own - other people may be frightened and you will be responsible for any damage caused constant dog barking is a nuisance and if complaints are received, the Environmental Health Department of the local council can take legal action. We do not allow you to keep dogs and cats in flats with communal entrances and corridors, unless they are required to assist tenants with special needs such as guide dogs for the blind. Running a business from your home The property is let to you and your family to live in as your home and you must not run a business from the property, unless you have our written permission. We will not normally refuse permission unless the business would become the main use of your home, cause a nuisance, damage to the property or breach of planning law. If we do give you permission, you must be responsible for letting other agencies, such as HM Revenue and Customs or Housing Benefits know of your circumstances. Permission will be refused if the business causes noise, smells or problems with car parking from visitors to the property. We will not allow the property to be used for commercial vehicle repairs and will take legal action if this activity persists. Tenants handbook 04/13 15

17 Use of communal areas We are responsible for the care and maintenance of common entrances, halls, stairways, bin cupboards, lighting, drying areas and any other common parts of flats or other communal areas. All tenants and residents have a responsibility to make sure that the shared areas are kept clean, tidy and free from rubbish or other items, such as bicycles and mobility scooters, which may get in the way of other people. Please ensure that you keep to the arrangements for throwing rubbish away for your particular property. Rubbish should always be bagged and put into bins if they are provided. If you are expected to put your rubbish in black bags and put them on the pavement for collection, only put them out on the day of collection or late on the evening before to help prevent hazards caused by animals and seagulls tearing the bags open and spreading the contents. Your local authority will advise you on recycling schemes in your area. You should also contact your local authority for information on the disposal of bulky items such as washing machines, cookers, fridges, etc. If rubbish is regularly dumped in communal areas, or they need regularly cleaning, we will consider charging those tenants who are responsible, and will also consider taking action for breach of tenancy conditions. Lifts and door entry systems We employ a specialist firm to maintain lifts. If there is an emergency, you hear the alarm or there are any other problems, contact our customer contact team, see back page for contact details. Door entry systems are installed to control entry into a building. Help us to maintain security by: making sure that the door is shut behind you only allowing access either from your flat or at the main entrance if you know the visitor never leaving the entrance door open or propped open. If you lose your communal door key or fob we can provide another but we do charge for this. Proof of identity will be required. Tenants handbook 04/13 16

18 Parking in gardens and driveways Many of our properties were built before the increase in car ownership and in some places, there is very little space for on-road car parking. We recognise that most households now own one or more cars and will encourage off-road parking where it is possible, subject to the following conditions: vehicles should not be parked in the front or back gardens of our properties unless they are parked on a properly constructed hardstanding if you want to build a hardstanding, you must get our written permission first and you must also get permission from Devon County Council, or Plymouth City Council, Torbay Council or Cornwall Council for crossing the pavement and for dropping the kerb. Please contact our customer contact team for more information, see back page for contact details gardens and hard standings should not be used for doing major repairs on vehicles or for storing vehicles that are untaxed or unroadworthy. Please do not park on pavements, footpaths, verges and grass areas. Parking in our car parks and parking areas Most of the parking areas and car parks we own are provided for shared parking and no resident has a reserved parking space or a right to park in a certain spot. The only exception is if there is parking for disabled people only, or there are enough spaces for each property and residents have agreed to have them numbered. Parking areas should not be used for the following: the frequent repairing of vehicles parking of large vans, lorries or any other commercial vehicle storing of boats, trailers or caravans (unless we have given you written permission) parking unroadworthy, untaxed or abandoned vehicles parking of vehicles with a Statutory Off Road Notice (SORN) without our prior written consent. Our car parks and parking areas are regularly inspected and where vehicles are abandoned or left untaxed, we will try to find the owner and then will take steps to have them taken away. We will also recover the costs for removal and disposal from the owner. For more information please contact our customer contact team, see back page for contact details. Any vehicles that are found to be unsafe, or a danger to children or other road users, will be taken away immediately. Tenants handbook 04/13 17

19 Garages We own a number of garages which are usually close to our properties and are available to rent. Some have a long waiting list. If you would like more information, including an application form and list of garage sites, please contact our customer contact team, see back page for contact details. Tenants of our garages should only use them for storing vehicles unless they have our written permission for another use. Garage tenants must not cause a nuisance to other users and residents by doing major vehicle repairs or running a business from one of our garages. If garages are misused, we will serve a notice and take back possession. Dealing with nuisance, anti-social behaviour and disputes Everyone has a right to peacefully enjoy their home and environment. Many people say that their neighbours are as important to them as the quality of their house or flat. It is a condition of your tenancy that you do not cause or allow members of your household or visitors to cause a nuisance or annoyance to neighbours, other tenants or anyone else in the neighbourhood. Most of our tenants show consideration for their neighbours and live in their home in a way that will not annoy, distress or cause discomfort to others. However, if a tenant causes a persistent nuisance, in breach of their tenancy conditions, then we will consider formal action such as a demotion of tenancy or possession of the property. Nuisance can be in many forms and can include persistent noise problems such as music and shouting as well as abusive behaviour and vandalism. If there is evidence of constant noise, disturbance or abusive behaviour, we will treat it as a breach of their tenancy agreement. If you are having problems with noise or nuisance from your neighbours, there are a number of solutions available to you: have a quiet word you should always try to calmly discuss the matter with your neighbours before doing anything else. Disagreements are often caused by misunderstandings between people and sometimes they may be unaware that the noise they or their families are making, is causing you problems further action if you have tried to sort things out yourself but the problem has continued, contact our customer contact team, see back page for contact details who will offer advice on what is the best course of action to try to sort out the problem ASB Respect Line you can report instances of anti-social behaviour at any time: o call our customer contact team in office hours, see back page for contact details o out of office hours contact our Respect Line service Cornwall / Devon Tenants handbook 04/13 18

20 o you can also text. Send the word ASB to A member of the team will call you back to take further details. mediation this is a problem solving procedure and is about finding a solution that satisfies everyone this is often called the win/win approach. It differs from the legal process, which is often said to produce a win/lose outcome. The process of mediation treats both parties equally and both parties must therefore have a desire to resolve the problem in hand. Mediators avoid taking sides, making judgements or giving guidance. The mediator is responsible for developing effective communication and building consensus between the parties. Mediation is a flexible process which can take place face to face or by the mediator shuttling between the parties (in separate rooms) neighbourhood agreements we will look to resolve issues by the use of neighbourhood agreements. This could include Acceptable Behaviour Contracts or wider neighbourhood agreements. These agreements are usually in partnership with the police and other agencies. If these agreements are breached, legal action will be considered multi-agency forums we work with other agencies to resolve antisocial behaviour and nuisance issues. We may not always be the lead agency, and may look to other agencies to help us find solutions. This could include the police, the local authority, social services, youth services, mental health services and environmental health legal action - if the problem cannot be sorted out by any of the above informal ways, then legal action may be necessary. If the people causing the nuisance are our tenants, we can take action for an injunction to stop the nuisance or apply to the courts for a demotion order, or a possession order under the terms of their tenancy agreement. A complaint can also be made direct to the local council s Environmental Health Department as they have legal powers to take action against noise and health hazards which are a nuisance and may affect peoples health. We will always need evidence and proof to act against a nuisance and this will be different for each case. If you are suffering from neighbour nuisance, you may need to keep a diary record of the dates and times whenever something happens and you may be asked to consider attending court to give evidence of the nuisance. For more advice on what you can do and how we can help resolve problems you may be experiencing with your neighbour, contact our customer contact team, see back page for contact details. Harassment Harassment consists of deliberate and unwanted acts to interfere with the peace, comfort or safety of someone. This may be on grounds of race, colour, religion, gender, sexual orientation or disability. It includes verbal as well as physical threats or attacks on property as well as on people. Tenants handbook 04/13 19

21 It is a condition of your tenancy that you, members of your household or visitors to your home must not harass any other tenant, members of their household, visitors or neighbours. We will not put up with harassment of our tenants, staff or anyone working for us, including contractors. Any complaints of harassment should firstly be made to our customer contact team, see back page for contact details. They will follow up all reports or complaints. Anything you report to us will be held in confidence and your name will not be given to anyone else. Harassment is a criminal offence as well as a breach of the tenancy and if there is evidence of harassment, we will apply to the court for possession of the property. If a partner has to leave the home because of domestic violence or abuse, we may also go to court to take back the home. We are able to offer advice and support to victims and help them to find solutions where there are tenancy issues. This could involve taking action against the perpetrator. We reserve the right to publicise details of perpetrators of anti-social behaviour and crime. Tenants handbook 04/13 20

22 Section 7 Sharing and passing on your home Joint tenancies A joint tenancy is when more than one person is named in the tenancy agreement. We will consider granting joint tenancies in the following circumstances: initial applications for tenancy made in joint names requests to add a spouse or civil partner to the tenancy. We will need a request in writing and a copy of the marriage or civil partnership certificate before the tenancy can be changed requests to add unmarried partners to the tenancy - we will need evidence that your partner has been living at the property for at least the previous 12 months up to the date of changing the tenancy requests to add a member of your family to the tenancy - we will need evidence that they have been living at the property throughout the previous 12 months. There is no right to a joint tenancy but if a joint tenancy is granted, both parties are jointly and individually responsible for the conduct of the tenancy and have all the rights and responsibilities of the tenancy agreement, including paying the rent. If there are arrears from the previous sole tenancy, these will become the joint responsibility of both tenants. Where one of the joint tenants wants to leave the property and take their name off the tenancy (eg if there is a relationship breakdown) it is necessary for both tenants to sign a formal document called a Deed of Assignment. This will transfer the tenancy to the sole name of the tenant remaining in the property. We cannot take a joint tenant s name off the tenancy, even if the person is no longer living at the property, unless the tenants have signed a Deed of Assignment or we have a court order instructing us to do so. Joint tenants have equal rights to stay in the property but either one may end the tenancy. We may consider offering a new tenancy to the remaining tenant, but we do not have to do so. Please speak to our customer contact team, see back page for contact details if you need further advice on this matter. Other assignments of tenancy You may also be able to assign your tenancy in the following circumstances: if you find another tenant to swap or mutually exchange your home with (see our leaflet on mutual exchanges) if you are transferring the tenancy to someone who would have taken over the tenancy if you had died. Tenants handbook 04/13 21

23 Whatever the circumstances, you must not assign or pass on your tenancy without first getting our permission. This would be a breach of the tenancy agreement and we will be entitled to apply to court for possession. The only exception to this is if there is a court order transferring the tenancy following divorce or relationship breakdown. Tenancy rights after a relationship breakdown The courts have powers to transfer the tenancy to either party following a divorce or separation. The court may order one party to assign or transfer the tenancy to the sole name of the other party. As the landlord, we have to comply with the conditions of the court order. If you need further advice on your tenancy rights following a relationship breakdown, or are suffering from domestic violence or abuse, please contact our customer contact team, see back page for contact details. Lodgers and sub-letting If you have room in your home, you may want to take a lodger to boost your income and help pay your rent. Lodgers usually live with you as a member of your household, sharing the facilities of your home such as the kitchen and bathroom, but they do not have any rights of tenancy in your home. It is a good idea to discuss your plans for taking a lodger with your housing officer before finding the person you hope will move in. We have prepared an information pack full of tips on preparing for a lodger and getting our permission. Check our website for more information or contact your local team for a copy, see contact details on back page. Just as you will want to be sure that the person is right for you, we need to know who is living in our properties, and whether there could be safety concerns for staff and neighbours from the proposed lodger. Once you have found your lodger, you should then write to formally ask for our permission. The information pack tells you how to do this. You may also want to sub-let your home. Sub-letting means that you let part of your home to someone who will live separately from the rest of the household. As with a lodger you must ask for our permission to sub-let and you will have to show that: it does not cause over-crowding you will not create an assured sub-tenancy you will remain living in the home and not sub-let it all. It is important to note that we can apply to the court for possession of your home if you are in breach of your tenancy: by sub-letting the whole of the property and living elsewhere if the property does not remain your principal home. Tenants handbook 04/13 22

24 Taking a lodger or sub-letting may affect any housing benefit you receive and it is important that you notify the Housing Benefit Office of any changes in your circumstances. Succeeding to a tenancy what happens when a tenant dies? In most cases there is only one right of succession to a tenancy: if you are joint tenants and one of you dies, the tenancy will pass to the other joint tenant who will become the sole tenant if you are a sole tenant, then on your death, the tenancy will pass to your spouse, civil partner, or other partner as long as he or she was living at the property at the time of your death. This can only happen if there has not been a previous succession. Under some of our older tenancy agreements, a close member of the family can sometimes take over the property on a new tenancy provided that he or she can prove that they have lived in the home for at least 12 months before the death and there have been no other previous successions. If the property is larger than the remaining household members need, or if it has significant disability adaptations that are no longer needed, we may ask the household to move to a smaller or more suitable property. Where the tenant dies and there has already been a succession, or the household members have no right to succeed to the tenancy, we will talk to them about their housing options. In such cases we may: offer a new tenancy of the property offer a tenancy of a more suitable property ask them to leave the property after a reasonable period. Tenants handbook 04/13 23

25 Section 8 Your options for moving on If you want or need to move from your current home, there are a number of possible options available. Which you choose may depend on why you want to move. Your home may have become too small or too large for you and your family, you may need to live nearer to your relatives or employment. You may consider making an application for transfer using the Devon or Cornwall choice based lettings schemes or you may want to look for an exchange of properties with another tenant. You could also explore the options for a move to a home ownership scheme, or to a private sector letting. Choice based lettings schemes Devon Home Choice and Cornwall Homechoice are what are called choice based letting schemes. Each week they advertise details of council and housing association homes available to rent. If you joined one of the schemes you would be able to bid for homes that meet your needs. Homes are generally offered to those assessed as the most in need of a move. You can apply to Devon Home Choice through or for Cornwall Homechoice, go to You may also obtain application forms from your local authority housing office or any of the Cornwall Council one stop shops. Your application will be assessed by the local authority and you will be placed in one of five bands based on an assessment of your housing need: emergency if your housing need is exceptional and you have an urgent need to move high for example you have been accepted as under occupying your home medium for example you lack one bedroom in your current home low for example you have been assessed as having a low health/wellbeing need no housing need if you are adequately housed. Each week, all available council and housing association homes in Devon and Cornwall will be advertised: on the home choice websites in newsletters and on posters widely available across Devon and Cornwall. The advert will tell you all about the property, for example how many bedrooms it has, what the rent is, who the landlord is and if any restrictions apply. Tenants handbook 04/13 24

26 You can bid (express an interest) each week for homes that you are eligible for: visit the Devon or Cornwall home choice websites use their automated telephone service call in at council offices. Once the deadline for bids has been reached, the successful applicant will be selected from everyone who bid for a home. The outcome will be based on whether they are eligible for the property, their needs band and how long they have been in that band. If you are offered a home, the landlord will contact you to make an arrangement for you to view it as soon as possible. You can decide to accept or refuse the offer when you view the property. The landlord will not contact you if your bid is not successful but you will be able to find information on the outcomes of your bids on the home choice website. If you are shortlisted for a property through the home choice schemes, you may not be able to move if: your rent account is not clear and up to date, including any subaccounts you are in breach of any of your tenancy conditions your property has been damaged and is not decorated to a good standard. For further information about the home choice schemes, please contact our customer contact team, see back page for contact details. Mutual exchanges - swapping your home A mutual exchange or home-swap is an exchange of properties between two or more tenants. You may ask to swap your home with another DCH tenant, a tenant of another housing association or of a local authority. If you exchange properties, you will usually take over the other person s tenancy. This means that if the person you swap with is a secure tenant, you will become a secure tenant. If the person you swap with is an assured tenant, you will become an assured tenant. When you swap homes, you also take on the other tenant s repair responsibilities. We will do any safety check and routine repairs, but any damage caused by the previous tenants will become your responsibility. If your tenancy is a fixed-term, you may still ask to swap properties, but there are special rules about how this is done. For further guidance, please call our customer contact team, see back page for contact details. You must obtain our written permission before moving if you wish to swap homes with another of our tenants. You must also obtain the written consent of both landlords if you are moving to another area or to a home owned by another landlord. If an exchange takes place without the permission of all the Tenants handbook 04/13 25