T e n a n c y A g r e e m e n t

Transcription

1 APPENDIX B T e n a n c y A g r e e m e n t For residents of the L o n d o n B o r o u g h o f H o u n s l o w Version: 1 Dated: October 2013

2 Contents Section Page 1. Introduction 3 2. Tenancy Agreement General Terms Our Responsibilities Your Responsibilities Your Rights Our Rights to End Your Tenancy Other Terms Meaning of Words 24 Page 2

3 1. Introduction This is your tenancy agreement with the London Borough of Hounslow (the Council). We have prepared it after consulting tenants, your Councillors and Council Officers. Hounslow Council homes are managed by Hounslow Homes Limited. Hounslow Homes was set up in 2002 to manage and improve council housing in the area and is a not-for-profit company owned by the Council. The Council owns your property and you are a Council tenant. Hounslow Homes will manage your property and enforce this tenancy agreement on behalf of the Council. The Council published its Tenancy Strategy and Tenancy Policy early in January This was a legal requirement and we have taken this opportunity to improve and update our Tenancy Agreement and to reflect the fact we now issue new types of tenancies. Most tenants of the council will remain Secure Tenants; these have no end date so we refer to those as Lifetime Tenancies. The status of this tenancy is unchanged and we have updated the agreement to reflect changes in law and good practice. The Council is committed to creating a safe, secure and pleasant place to live. We are keen to clamp down on anti-social behaviour and will tackle those who cause a nuisance to others. For these reasons, we have introduced a probationary period to the tenancy. This means, if you are a new tenant, we can use this period to determine if you are able to manage in your tenancy by fulfilling the requirement to live there, not cause nuisance or anti-social behaviour and pay your rent. In the Tenancy Strategy & Policy we now issue Flexible Tenancies. Assuming a satisfactory probationary period we can now give tenancies for a fixed term. This will enable us to make maximum use of the housing stock by ensuring that council housing is going to those who need it. The council also produces a Tenant s Handbook. The Tenant s Handbook gives useful information on a wide range of topics relating to your Tenancy Agreement. The council regularly updates the Tenant s Handbook for example to keep it up to date with changes in the Council s policies or procedures relating to housing. When you sign this Tenancy Agreement you will receive a hard copy of the then current edition of the Tenant s Handbook. The current edition of the Tenant s Handbook is available online, or at the Council s Offices which deal with housing related matters. If you have any questions about the terms of this Tenancy Agreement or about the information in the Tenant s Handbook or any comments or complaints about your housing you should contact Hounslow Homes. Page 3

4 2. Tenancy Agreement This document is a legal contract between you and the Mayor and Burgesses of the London Borough of Hounslow. This agreement explains the services you can expect from your landlord and the conditions you must keep to. It supersedes any previous tenancy agreement you may have had with us. Please read it carefully and ask us to explain anything you do not understand before signing it. You can also get help from a Citizens Advice Bureau, a solicitor, or an independent advice agency. 2A This Agreement is either: Tick Box 1. A Lifetime Tenancy (the Council s term for a weekly periodic secure tenancy). This is a tenancy without an end date. If you became a tenant of the council (or another social landlord and transferred) before 6 th April 2013, you have a lifetime tenancy. OR If you became a tenant after the 6 th April 2013 and fulfil the criteria according to the Council s Tenancy Strategy, you have a lifetime tenancy. 2. A Probationary Tenancy (the Council s term for an Introductory Tenancy). This tenancy lasts for a period of one year and will automatically become a Lifetime Tenancy unless terminated or extended. 3. A Probationary Tenancy (the Council s term for an Introductory Tenancy). This tenancy lasts for a period of one year and will automatically become a Flexible Tenancy unless terminated or extended. A Flexible tenancy is a secure tenancy with an end date set at 5 years. 2B. (This Section only applies to those who became social housing tenants after 6 th April 2013 and refers to options 2 and 3 described above). This is Probationary Tenancy and creates an Introductory Tenancy pursuant to Part V, Chapter 1 of the Housing Act This tenancy is granted for a trial period of 12 months the Trial Period. The Trial Period may be extended in the circumstances set out below within this section. Section 3. Any extended trial period is referred to as the Extended Trial Period. Page 4

5 Notice under section 137A Housing Act 1996 At the end of the Trial Period and provided this Tenancy Agreement has not ended during that Period or Extended Trial Period this tenancy will automatically become: A Flexible Tenancy (Secure Tenancy for a fixed term) expiring on (INSERT DATE), Or A Lifetime Tenancy (Weekly Periodic Secure Tenancy) You have been granted a Probationary Tenancy so that the Council can assess during the Trial Period whether or not you are an appropriate person to have all the rights of a secure tenant. The Trial Period The Trial Period is for a period of 12 months from the date of the start of the tenancy. If the Trial Period is not extended during the Trial Period then the Trial Period will expire at the end of that time and automatically become either a Flexible Tenancy or a Lifetime Tenancy. The Initial Trial Period can be extended by the Council serving a notice upon you extending the Trial Period or if the Council issues possession proceedings during the Trial Period and the proceedings are not determined before the end of the Trial Period. Notice Extending Trial Period The Trial Period can be extended for a further period of 6 months by the Council serving a notice of extension under section 125 of the Housing Act 1996 ( Notice of Extension ). You have the right to request a review of the service of a Notice of Extension. If the Notice of Extension is not withdrawn, the Trial Period is extended for a further period of 6 months from the intial 12 months period. Extension of the Trial Period on issue of Possession Proceedings If the Council issues possession proceedings against you during the Trial Period or during any extended Trial Period the tenancy will remain a Probationary Tenancy until the possession proceedings are determined. If the proceedings do not result in a possession order and the Trial Period or Extended Trial Period has expired then your tenancy will become a secure tenancy (either flexible or lifetime).. 2C This is a tenancy agreement made between Name and address of landlord Names of tenant/s (PRINT The London Borough of Hounslow, The Civic Centre, Lampton Road, Hounslow, TW3 4DN 1 Name And Date Of Birth Day Month Year Page 5

6 TENANT S NAME) NI Number Name 2 Date Of Birth Day Month Year NI Number The address of the property Details of the property If you are joint tenants, your names must be listed above. You are jointly and individually agreeing to take full responsibility for this tenancy and you each have all the rights and responsibilities set out in this tenancy agreement. The property is (tick which applies): A flat A maisonette A bedsit on the floor. A bungalow A house Other (please state) The property has (tick which applies): No garden Its own garden Shared use of a garden Tenancy start date Other Details Storage shed included/rented with property YES / NO Shed number / location This tenancy will begin on Monday when the first advance payment of weekly rent will be due. Total Rent (including Service Charges and other charges) At the time of this agreement, the weekly rent for the property is made up as follows Rent for the home District Heating Neighbourhood Wardens Caretaking Communal Electricity Grounds Maintenance Concierge Digital Aerial Other Charges Household members: Family Name Other Names Date of Birth Relationship to tenant Page 6

7 Tenant[s] Declaration: The Tenant[s] set out on page 5/6 must sign below after reading this Tenancy Agreement. You have read this agreement and understand and agree to the terms and conditions set out in this document and, where applicable, the Tenant s Handbook and Repairs Handbook. You understand that if you and your household and visitors do not comply with the obligations of this agreement the Council can take legal action against you and / or them. This may include applying to the Court for a Possession Order which may result in you losing the tenancy and everyone living at the property being evicted. You agree that the information given in any housing application was and is still true. You understand that if you obtained this tenancy by giving false information we may get a court order to take back possession of the property. You understand and agree to advise us of any material change in circumstances which may affect your ability to pay the rent or right to claim benefits. You agree that you will tell us as soon as is reasonably practical if anyone else comes to live with you at your property or if anyone listed as living at your property moves away. Signed by Tenant/s Tenant 1 Tenant 2 Date Day Month Year Signed on behalf of the London Borough of Hounslow Date Day Month Year Name (PRINT) Page 7

8 Photo ID Photo Photo Tenant 1 Tenant 2 Tenant 1 Tenant 2 Photo ID seen I confirm above photo is a true likeness Date Day Month Year Photo ID seen I confirm above photo is a true likeness Date Day Month Year Page 8

9 3. General terms Both sides agree: Service charges Rent Notices Altering the agreement 3.1(a) We will provide services to you for which you will pay a weekly charge, included in your total weekly payment, as set out in section 2C. 3.1(b) We may vary the services we provide to you from time to time, but only after giving you notice of the proposed change and the opportunity to comment. Having considered your comments, we will give you 4 weeks written notice before we vary the services we provide. Varying services could include discontinuing some services or providing additional ones. 3.1(c) We have the right to review your service charge on the basis of our actual costs of providing the services and any anticipated increases or reductions in our costs. We will give you at least four weeks written notice before the service charge is altered. 3.2(a) You must pay to the Council in advance on Monday of each week your rent and any other charges due (e.g. heating charges, service charges or repair recharges) which may be included in the rent. The amount to be paid at the beginning of this tenancy is shown in section 2C. If you are permitted to pay at a different frequency, for example, monthly, you must pay on the agreed dates in advance. 3.2(b) The Council have the right to change the rent and other charges. The Council will give you proper notice of any changes in rent beforehand and will send you a new rent card after any changes to your rent or other charges are made. 3.2(c) When we set the rent we may take into account any amounts of rent or other charges you failed to pay for any other property where you were our tenant. If we are considering this, and it would lead to you paying a higher rent, we will let you know. You will be able to appeal such a decision and say why this should not happen. 3.3(a) Any notice or demand to be served upon you by Hounslow Homes or the Council by virtue of this Agreement or any statutory provision shall be sufficiently served either if sent by pre-paid post to you at the property, hand delivered to the property, or posted to your last known address. Section 196 of the Law of Property Act 1925 shall have effect where applicable. 3.3(b) If you need to serve a legal notice on us as set out in Section 48 of the Landlord and Tenant Act 1987, you should send it to: Hounslow Homes, The Civic Centre, Lampton Road, Hounslow, TW3 4DN 3.4 With the exception of changes to your rent and other charges, this agreement can only be changed if: We serve a notice of variation on you Page 9

10 Tenant s Handbook and Repairs Handbook Rights of Third Parties The law is changed which allows us to change this agreement. 3.5 The information given in both the Tenant s Handbook and Repairs Handbook is for guidance only and does not form part of this Tenancy Agreement. However, those parts of the Handbooks which set out items of repair, decoration and fencing for which you are liable, are incorporated into this Agreement. 3.6 The provision of the Contracts (Rights of Third Parties) Act 1999 will not apply to this tenancy agreement, which means that not one of the terms of this tenancy agreement can be enforced other than by you or the landlord. 4. Our responsibilities We agree: Possession 4.1(a) We will give you vacant possession of the property from the start of the tenancy 4.1(b) We will supply you with up to 3 keys for your front door and any communal doors at the start of your tenancy. You will need to arrange to have additional keys cut or purchase additional communal door keys if these are required. 4.1(c) If you lock yourself out of your property or lose your keys or fobs, you will be charged for replacements and the reasonable cost of any forced entry, including any necessary follow up repairs. 4.1(d) You must return all keys when you give back your property. You agree to pay any reasonable charges we incur in securing the property against re-entry if you do not return the keys. Your right to occupy 4.2 We will not interrupt or interfere with your right to live peacefully at the property, except when: we need access to check the condition of the property, or to carry out repairs or other works to the property, or to a neighbouring property; we need access to check your gas installations to meet our legal obligations as your landlord; the court has given us possession by ending your tenancy; or you have surrendered the tenancy. Repairs to the property 4.3(a) We will keep in repair, the structure and exterior of the property including drains, gutters and external pipes. and installations 4.3(b) We will keep in repair and working order any installations we have provided for space heating and water heating. 4.3(c) We will keep in repair and working order any installations we have provided for the supply of water, gas and electricity and sanitation including basins, sinks, baths and toilets. Page 10

11 Repairs for shared areas 4.4(a) We will take reasonable care to keep the areas and facilities you share with your neighbours (such as common entrance halls, stairways, lifts, entry-phones, passageways, rubbish chutes and any other common parts, including lighting) in reasonable repair. We are responsible for all fire safety precautions in shared 4.4(b) areas 4.4(c) If a repair is needed because of neglect or damage caused by you, members of your household or your visitors, we may make the repair and charge the reasonable costs to you. Access 4.5(a) You must allow us access to inspect and service your gas appliance and to carry out any essential work. We will give you at least 24 hours notice if we need to get into your property. If you do not allow us access to undertake this work, we will take legal proceedings against you to compel you to allow us access. You will be liable for the costs of any such proceedings. 4.5(b) In an emergency, such as a water leak, you must give us immediate access. In such cases we have the right to gain access to the property without giving you notice, although we will try to do so. If we have to force entry we will make sure that your property is secured upon departure. We may recharge our reasonable costs to you where the cause is shown to be as a result of your negligence. More information about emergency repairs and maintenance is in the Tenant s Handbook and Repairs Handbook. 4.5(c) Where we suspect unauthorised alterations to the property you must provide access to inspect the property on receipt of 3 days notice in writing. Where the alterations appear structural you must give immediate access to inspect. External decorations Data protection 4.6 We will keep the outside of the property and any areas you share with your neighbours in a reasonable state of decoration. We will redecorate in line with our planned maintenance programme. 4.7 We are a data controller for the purposes of the Data Protection Act 1998 and we will comply with the Data Protection Act 1998 when we process your personal information. Page 11

12 5. Your responsibilities You agree: Time spent away from the property Use of property Nuisance and Harassment 5.1(a) 5.1(b) 5.2(a) 5.2(b) 5.2(c) 5.2(d) 5.3(a) 5.3(b) 5.3(c) 5.3(d) 5.3(e) 5.3(f) 5.3(g) If you are going to be away from the property for more than three months, you will let us know in writing as soon as possible. You will set out when you expect to return and the reason you are away. You will give us a contact address and phone number. If you do not write to us, we may act as if you have given up your property. Your tenancy may cease to be secure under Section 79 of the Housing Act You will continue to pay your weekly rent and other charges set out on your rent card while you are away. You will take over the property from the start of the tenancy and must occupy and use the property for residential purposes as your only or principal home. You must not operate any business or trade at the property without our written permission. Any permission granted may be subject to such conditions as deemed appropriate. You will not put any business or trade signs on or around the property. You must not damage or abuse the property. You must not cause a nuisance or annoyance to a person residing in, visiting, or otherwise engaging in a lawful activity in the locality of the property. You must not use the property or allow it to be used for illegal purposes. You must not commit an indictable offence in, or in the locality of, the property. You must not abuse, harass, or intimidate anyone in the area, including neighbours or encourage any other person to do so. If you damage a shared area or a London Borough of Hounslow or Hounslow Homes property you will be charged our reasonable costs of repairing the damage. This includes graffiti and damage caused by any attack on another property or installation. Where we have provided areas to be used for play including open spaces, you are responsible for ensuring that your children, or visiting children, do not cause a nuisance in relation to excessive noise, damage to property or risk to the personal safety of themselves or others. You must not threaten or use violence against any Council or Hounslow Homes employees, staff or contractors or encourage any other person to do so. Page 12

13 Domestic Violence 5.4(a) You must not threaten or use violence against any person who has a legal right to be at the property or in the locality or encourage any other person to do so. 5.4(b) You must not threaten or use violence against any other person in the property, so that they are forced to leave because of violence or fear of violence. Firearms 5.5(a) You must not keep any firearm, shotgun, air rifle or any other offensive or dangerous weapon in the property without appropriate Firearms or Shotgun certification required by the Firearms Act 1968 and any other current or successor legislation and in any event not without first seeking our written permission. 5.5(b) You must not discharge a firearm, shotgun, rifle, air pistol or air rifle in, or in the locality of the property. Noise 5.6(a) You will not create unreasonable noise, or cause excessive vibrations at the property. This includes (but is not limited to) playing radios, televisions, any form of recorded music or musical instruments, as well as using power tools and other electrical or similar equipment in a way that causes nuisance, disturbance or annoyance to neighbours or others in the area. 5.6(b) If you live in a flat or maisonette or your property is above another resident s property and you wish to lay laminate flooring, you must seek our written permission before carrying out the work, which will state the minimum specification you must meet in terms of noise insulation. Should the laminate flooring need to be taken up by us to gain access to the floorboards to effect repairs, you will be responsible for re-laying it at your own expense. Dogs 5.7(a) You may not keep a dog if the property in which you live is located within a tower block or Sheltered Accommodation. For the purposes of this agreement a tower block is a building of over five floors inclusive of the ground floor but excluding any sub-ground basement. If you already own a dog, you will not be permitted to replace it when it dies. (This clause does not apply where you are registered deaf or blind and have the assistance of a guide dog/hearing dog provided to you by the appropriate registered charity). 5.7(b) Unless 5.7(a) applies you may seek our written consent to keep one dog, which will not be unreasonably withheld so long as the dog is micro chipped and you agree to keep the dog on a leash and under strict control in communal areas and communal gardens. You must not allow your dog to cause a nuisance to, or annoy your neighbours or other persons within the local area. If you do not have a private garden you may only keep one dog. 5.7(c) You must not let your dog foul or damage the inside of the premises or shared areas, for example; passages, footpaths, grassed areas, play areas, lifts, stairways, laundry or drying areas. You must not let your dog foul the private gardens of the property so that it becomes a public health nuisance or annoys neighbours or visitors. You Page 13

14 Cats, other domestic pets and animals Internal decoration, repairs, alterations and fences 5.8(a) 5.8(b) 5.8(c) 5.9(a) 5.9(b) 5.9(c) 5.9(d) 5.9(e) must immediately remove any fouling that does occur and clean the affected area. Where damage and fouling do occur, you must repay our reasonable costs of any repairs, cleaning or other expenses that are needed as a result. You may keep other domestic pets (for example a cat) as long as you keep them under control and do not cause a nuisance to neighbours and visitors to the property or other people in the locality of the property. You must seek our written consent before keeping any other type of pet, animal or livestock at your property. This is so we can establish the suitability of your property. You must not let any animal foul or damage the inside of the premises or shared areas, for example; passages, footpaths, grassed areas, play areas, lifts, stairways, laundry or drying areas. You must not let any animal foul the private gardens of the property so that it becomes a public health nuisance or annoys neighbours or visitors. You must repay our reasonable costs of any cleaning or other expenses that are needed as a result. If you are probationary tenant you may not make any alterations, additions or improvements to the property. You are responsible for the repair and maintenance of fences, gates, paths and any garden or area that forms part of the property or its boundary. (See your Tenants Handbook and Repairs Handbook for details). You must not erect any structure or make any alteration that changes, increases, decreases or otherwise interferes with the boundary of the property, nor must you lock, block or otherwise prevent access to internal or external communal areas or access routes. You are responsible for any fixtures and fittings that you, or any previous tenant, have installed (with or without our written permission). You must not fit a satellite dish or any similar form of apparatus to the property without our written permission. You must make good any damage caused to the property by fitting a satellite dish or similar apparatus. You are responsible for minor and routine repairs and renewal such as, but not limited to: Fuses Plugs for sinks and wash basins Door chains, numbers and letter boxes Minor cracks to plaster (See your Tenant s Handbook and Repairs Handbook for details) You are responsible for decorating the inside of the property. (See your Tenant s Handbook and Repairs Handbook for details). You must not apply Artex or any form of polystyrene tiling, coving or similar materials to the walls or ceilings. Page 14

15 Damage 5.10 You are responsible for repairing any damage that you cause to the property, or to its fixtures or fittings, excluding normal wear and tear. If we have to repair damage caused, because you fail to do so, you agree to repay our reasonable costs. This also includes the cost of any special cleaning that is needed because you have allowed the property to become unreasonably dirty or infested. Reporting repairs Access to Your Property Energy and Carbon Reduction Projects Moving out temporarily (decanting) 5.11 You must notify us as soon as possible about any damage or repair that is our responsibility and that is needed to the outside or inside of the property, to any area you share with your neighbours, or any indoor installation. 5.12(a) 5.12(b) 5.13(a) 5.13(b) 5.13(c) 5.14(a) You must give us or our contractors access to inspect any damage and carry out necessary repairs. We will give you at least 24 hours notice of any such visit unless it is an emergency. In an emergency, such as a water leak, you must give us immediate access. In such cases, we have the right to access without giving you notice, although we will try to do so. If we have to force entry we will make sure that your property is secured upon departure. We may recharge our reasonable costs to you where the cause is shown to be as a result of your negligence. You must give us or our contractors access following reasonable notice to undertake feasibility studies or installations for Energy and Carbon Reduction Projects. This includes any works associated with assessing whether the property is suitable for such measures, as well as any installation or maintenance work. Where possible, we will try to install measures and equipment for Energy and Carbon Reduction Projects in parts of the Property you do not normally use (such as rooftops and attics). Any right to receive Tariffs and/or any Carbon Benefit and any other income or benefits, from the renewable/low carbon energy system, belongs to us or our contractor/partner. If, for any reason, we need to carry out repairs or other works to the property, the building it is in or the estate it is on and we cannot reasonably do that while you are living there, you will need to move out temporarily. If this happens we will: provide you with alternative temporary accommodation while we do the work; and tell you when the works are completed. 5.14(b) You must leave your temporary accommodation and move back to your permanent property once works are completed. Gardens 5.15(a) You will keep any garden, patio or balcony which comes with the property, and that you have sole use of, tidy, safe and in reasonable order. You will ensure that they do not cause a danger or a health risk to anyone or obstruct a Page 15

16 Shared areas and Fire safety 5.15(b) 5.15(c) 5.16(a) 5.16(b) 5.16(c) 5.16(d) 5.16(e) 5.16(f) 5.16(g) 5.16(h) 5.16(i) public right of way. This includes any trees, which are your responsibility. You must not plant any trees or shrubs in any communal garden or shared areas without our written permission. If your property has its own garden, you will not plant any trees or shrubs within 4 metres of a building and 1 metre of a standalone wall, unless in a container. You must obtain written permission before cutting down or removing any trees within the property boundary. You must not deposit or store any materials or items in communal areas or allow such areas to become obstructed. This includes, but is not limited to, rubbish, furniture, bicycles, children s toys, prams/buggies, Mobility Scooters or Mobility Aids. Any items placed or stored in a communal area may be subject to immediate removal, storage and/or disposal. We may charge the reasonable cost for such removal storage and/or disposal to you. You must not hoard any items within the property so as to constitute a health and safety risk or fire hazard. You must make sure that rubbish is regularly and properly disposed of in a safe and responsible manner. You must only dispose of rubbish in a refuse chute (ensuring the bag size is suitable for the chute), communal bin or designated rubbish area. Larger unwanted items are your responsibility to remove. Please contact us if you are unsure how to arrange this. You must not damage or interfere with in any manner the Fire and Safety equipment provided in the building. Where such damage or interference takes place, we may charge the reasonable cost for repair or replacement to you. You must not keep open, damage or obstruct in any way communal entrance doors, fire doors or gates within the interior or exterior of the building. Where such damage occurs, we may charge our reasonable costs for repair or replacement to you. You must not allow any rubbish or soil to build up against fences or walls, or above the damp course level of any building. You must not smoke in communal or shared areas. This includes but is not limited to: entrance halls, corridors, shed areas and stair wells. This applies in addition to those areas displaying prohibition notices as required by the Smoke free (Premises and Enforcement) Regulations 2006 and Smoke free (Signs) Regulations You are responsible together with other tenants for cleaning communal or shared areas next to your property, except where this is carried out by our Caretakers/Cleaners. If you or any person living with you needs bottled oxygen for medical purposes you must inform us and affix an advisory sticker to your property, which we will supply. Page 16

17 5.16(j) You must not light barbeques on communal or private balconies or other covered communal areas. Recycling 5.17 Where recycling facilities are provided, or you have access to kerbside collection services, you are responsible for separating your recyclable materials and making them available for collection on the designated day. Drains, waste pipes and ventilation 5.18(a) You agree not to cause blockage to the drains, pipes, gutters and channels in or about the property. Where we have to clear them because they have become blocked due to misuse by you, you agree to repay our reasonable costs. Flammable and hazardous products 5.18(b) You must ensure that all rooms are ventilated properly so as to prevent damp problems You must not keep, store or use any volatile or flammable liquid or gas products (e.g. paraffin or Calor Gas) or other combustible goods inside the property, any garage or shed that is integral to a building, or any communal areas. Any such items that are found will be immediately removed by us and the reasonable cost of removal and disposal will be charged to you. Parking 5.20(a) You must not park illegally or contrary to any directions or notices issued by us or our parking contractor or coming under a s35 Order under the Road and Traffic Regulation Act 1984 (RTRA). You must not park in a way that may prevent the collection of refuse, the access of emergency vehicles or without consideration for other road-users or residents. You may not park a vehicle within the boundary of your property unless there is a garage or a driveway with appropriate hard-standing and a dropped kerb. 5.20(b) 5.20(c) 5.20(d) You must not park your vehicle on any cross hatched area, double yellow line, access road, pavement or verge, or park in a marked disabled bay unless displaying a valid blue badge. Where a parking scheme or other parking control measures are in place, the rules of the scheme (i.e. displaying a valid permit) must be followed. Any driver or vehicle owner failing to follow these rules will be liable to being issued with a Parking Charge Notice or Excess Charge Notice, either immediately or within 14 days of the unauthorised parking event. You must not carry out major repairs (including engine changes, body part replacements and paint spraying) to any vehicle at the property or on any estate road, access road, courtyard or verge, or in parking bays or car parks. You must not carry out routine repairs and maintenance with such frequency that it causes a hazard or nuisance to others or damages our roadways, parking areas or footpaths. You will be responsible for the cost of rectifying any damage caused to the property or communal area as a result of the work that you have carried out. Vehicles parked on our land must be roadworthy, taxed and insured. We only permit vehicles registered with the Page 17

18 5.20(e) 5.20(f) 5.20(g) 5.20(h) 5.20(i) Sub Letting 5.21(a) 5.21(b) 5.21(c) DVLA for SORN (Statutory Off Road Notification) to be parked on a private driveway or in a garage. A vehicle with a SORN parked on our land will be considered to be abandoned and may be removed and disposed of. You must not park caravans or trailers on any estate road, courtyard, verge, or in parking bays or car parks without written permission. You must obtain written permission to park a trailer or caravan in a private garden or driveway. You must obtain our written permission to regularly park a commercial vehicle or other large vehicle on any land owned or controlled by us. We consider a commercial or large vehicle to be where the overall size exceeds inches in length (4.7 metres), 67.7 inches in width (1.7 metres) and 81.5 inches in height (2.07 metres). Where a parking scheme or other control measures are in place any rules displayed on the associated signage or other notification will take precedence over any specific clauses in this Tenancy Agreement. Any vehicle parked on our land that is not displaying a valid tax disc, is unlicensed, untaxed, severely damaged, appears abandoned or is in an un-roadworthy condition is liable to be immediately removed. Vehicles may be disposed of, together with their contents, if not reclaimed promptly and the applicable fees paid. We will not be liable in any manner whatsoever for vehicles removed and disposed of under this clause. You must not park or store any motorised vehicle such as a motorbike or scooter in any shared or communal area, alleyway, path or access area. Any vehicle found in such an area will be removed and the reasonable cost of removal and storage charged to you. Motorbikes and scooters are permitted to park in car parking spaces where no dedicated motorcycle parking facilities are provided. Probationary tenants are not permitted to sublet the whole or any part of the property. You must get our written permission to take in a subtenant. We will not withhold our permission unreasonably. You will not be able to sub-let part of the property if it will result in overcrowding. You will not sub-let any part of the property without first telling us the name, age and sex of the intended subtenant and the part of your property they would occupy. Any sub tenant will need to provide us with proof of identity, such as a passport. You cannot sub-let or assign the whole of the property. The Social Housing Fraud Act (2013) makes this a criminal offence. The Council considers social housing to be a very precious and scarce public resource and will seek prosecution where it is abused. The maximum offence on summary conviction is a fine of 5000 and/ or six months imprisonment and 2 years imprisonment and/or fine on indictment. In addition the Page 18

19 Council may seek an Unlawful Profit Order against you. Lodgers 5.22 Probationary tenants are not permitted to take lodgers. You may take in a lodger as long as it will not result in overcrowding. You must notify us if you do so and you must provide us with proof of their identity, such as a passport. Ending your 5.23(a) You must give us a minimum of 4 weeks notice in writing, tenancy ending on a Sunday, to end your tenancy (this is called a notice of termination or surrender). 5.23(b) You must pay your total weekly payment up to the date your tenancy ends. 5.23(c) You must allow us access to inspect your property during your notice period. 5.23(d) You must give us a forwarding address before you leave the property. 5.23(e) All keys, including shed and window lock keys and communal door fobs and keys, must be returned to us the next day (Monday) by 12 noon. Failure to do this will result in a further week s rent being charged. If the keys are not returned promptly, we will change the locks and charge our reasonable costs to you. Moving out 5.24(a) You must make sure that all persons leave the property when the tenancy is brought to an end. 5.24(b) You must leave the property in a good condition (subject to fair wear and tear) and remove all furniture, personal possessions and rubbish. 5.24(c) In certain circumstances we are required to store your possessions where you have failed to remove them from the property after moving out, or following eviction in accordance with section 41 of the Local Government Miscellaneous Provisions Act Where a termination of tenancy form has been signed, any possessions left behind become the property of the Council and can be disposed of immediately. Where there is no termination form we will serve you with one month notice and store your possessions for that period only. If we are unable to service notice we may retain the possessions for a reasonable period. We will recharge the cost of removal and weekly storage to you. 5.24(d) You must reinstate any damage you or any persons living with you or your visitors caused before you leave; if you do not, you will be charged the reasonable costs of such reinstatement. 5.24(e) All fixtures and fittings must remain, whether installed by us or by you, and become our property when you vacate. This clause and the clause above also applies where termination is provided by your next of kin or personal representative in the event of your death in which case we will recharge any reasonable costs to your estate. Insolvency 5.25 You must notify us if you enter into any formal insolvency arrangements for example; a bankruptcy order; a debt Page 19

20 relief order or voluntary arrangement. 6. Your rights You have the following rights Improvements 6.1(a) If you are probationary tenant you may not make any and alterations, additions or improvements to the property. Compensation You may make improvements, alterations and additions to for your property, provided that you have first obtained our Improvements written consent and all other necessary approvals (for example, planning permission or building regulations approval). 6.1(b) We will not unreasonably withhold or delay our consent, but may make it conditional upon the works being carried out to a certain standard. 6.1(c) If you carry out improvements, alterations or additions without our written consent, or they do not meet the agreed standard, you are breaking this agreement and may be required to return the property to its former state. 6.1(d) If you terminate your tenancy after making approved improvements to your property you may be eligible for compensation. We will pay compensation in accordance with S99A of the Housing Act If applicable, this would become payable at the end of the tenancy. The right to take in a sub-tenant or lodger The right to exchange The right to succession 6.2(a) 6.2(b) 6.3(a) 6.3(b) 6.4(a) 6.4(b) Probationary tenants are not permitted take lodgers/ subtenants. You have the right to take in a sub-tenant with our written permission as long as you meet the requirements in sections 5.21(a) 5.21(c). You have the right to take in a lodger so long as you meet the requirements set out in section Probationary tenants are not permitted to exchange properties. You have the right to exchange your tenancy for a secure or assured tenancy with us or another registered social landlord or local authority. You must have the written consent of both landlords before the exchange can take place. We will not unreasonably withhold our consent. Where you are a joint tenant and one of you dies, the tenancy will automatically pass to the remaining joint tenant. This counts as a statutory succession through survivorship. There can only be one succession. This means that if you Page 20

21 6.4(c) are a successor yourself there cannot be a further succession. If you became a tenant before April 2012, your tenancy will pass to your spouse or civil partner upon your death. If this does not apply the tenancy can pass onto another family member of your household providing they have been living at the address for 12 months prior to your death The right to information 6.4(d) 6.4(e) 6.5(a) If more than one member of your family has a right to the tenancy they should agree who will claim it. If they cannot agree, they should all make a claim to us in writing within 3 months of your death and we will decide to whom we will offer the tenancy. If the successor is not a spouse or civil partner and succession results in under-occupation of the property by one bedroom or more, they will be required to move to more suitable property. Successor status will transfer to the new property and no further successions will be allowed. If you became a tenant after April 2012, your tenancy will pass to your spouse or civil partner upon your death. The tenancy cannot pass to any other family member With our agreement you may be able to assign your tenancy to a potential successor (someone who would be entitled to succeed in the event of your death) during your lifetime. Please contact us for further advice if you wish to consider this. You have the right to information about: the terms of this tenancy; our repair procedures and obligations; our policies and procedures on tenant consultation; our policies and procedures on how we let our properties, offer transfers and the Right to Buy; The right to repair 6.5(b) You have the right to access personal data we hold about you and other rights set out in the Data Protection Act We will apply the provisions as outlined in sections 104 and 106 of the Housing Act You have the right to have certain urgent minor repairs done quickly and at no cost to you where the repair may affect health, safety or security, and where the repair has not been completed within a specified timescale. We will give you full details of the Right to Repair Scheme including a schedule of qualifying repairs upon request. Under the Scheme, we must pay you compensation if qualifying repairs are not done within set timescales. Page 21

22 The right to buy The right to consultation The right to manage 6.7 If you are a probationary tenant you do not have the right to buy. However time spent as a probationary tenant will contribute to the qualifying period. You have a right to purchase your property once qualifying conditions have been met. For full details of the terms and conditions please contact your local office or our Customer Service Centre. This right is subject to the prevailing legislation at the time of your application. 6.8 We will consult you, on matters affecting your property and your tenancy, before making changes in matters of housing management or maintenance which are likely to have a substantial effect on your tenancy. 6.9 In certain circumstances, secure tenants have the right to manage their property and to run services such as rent collection or repairs. Please contact us if you require further information. 7. Our Rights to End Your Tenancy All tenants 7.2 If you do not reside at your property as your only or principal (main) home or you have sublet all of your home we may end your tenancy by giving you a notice to quit;. This will give you four weeks notice. Probationary tenants 7.3 If you are a probationary tenant and have breached a term of the tenancy such as : Engaging in nuisance and/or anti-social behaviour Not paying your rent Committing or allowing criminal activity Flexible Tenants We may start the process to end your tenancy or extend the probationary period. This would mean serving you with either a Notice of Possession Proceedings or a Notice of Extension. You may ask for a review of that decision. We would seek a court order to evict you. You will be liable for the costs of any proceedings. 7.4 If you are a Flexible tenant and have breached a term of the tenancy such as: Engaging in nuisance and/or anti-social behaviour Not paying your rent Committing or allowing criminal activity We may start the process to end your tenancy by serving a Notice of Seeking Possession on you which will explain our reasons. We would seek a court order to evict you. You will be liable for the costs of any proceedings. We may not renew your tenancy at the end of the fixed term period if any of the above circumstances apply or Page 22

23 your household income exceeds the thresholds set out in the Tenancy Strategy If the property is no longer suitable for your housing needs, as set out in the Council s Tenancy Policy and Allocation s Policy, we may renew your tenancy on condition that you transfer to a more suitable property according to our criteria. Lifetime Tenants If you are approaching the end of your fixed term, we will write to you six months before the end date to arrange an interview. You must take part in this process or we will assume you no longer wish to stay in the property. In accordance with the criteria set out in the Council s Tenancy Policy, your tenancy will either be brought to end or extended. 7.5 If you are a Lifetime tenant and have breached a term of the tenancy such as: Engaging in nuisance and/or anti-social behaviour Not paying your rent Committing or allowing criminal activity We may start the process to end your tenancy by serving a Notice of Seeking Possession which will explain our reasons and seek a court order to evict you. You will be liable for the costs of any proceedings. 8. Other Terms Complaints 8.1(a) We have a formal complaints procedure. You can get a copy of our information leaflet on how we deal with complaints from our offices or on our website. 8.1(b) If you feel we have broken the terms of this agreement or failed to meet one of our obligations, you should follow our complaints procedure. If we do not deal with your complaint properly, you can get advice and information about your legal rights from a Citizen s Advice Bureau, law centre or solicitor. After our complaints procedure has been exhausted, you may refer your complaint to the Compensation or goodwill payments Housing Ombudsman Service. 8.2 If you owe us any money we have the right to off-set any compensation or goodwill payments due to you against the amount owed. Page 23

24 9. Meaning of words We/ Us / Our means the Mayor and Burgesses of the London Borough of Hounslow, as your landlord. It also includes our employees, agents and contractors. You / Your means you as the Tenant and, in the case of a joint tenancy, means all the joint tenants, who are jointly and individually liable under this Tenancy Agreement. You are also responsible for the actions of those that live with you or are visiting your property. Therefore where applicable when outlining restrictions within the terms of this Tenancy Agreement You/Your also includes your household and visitors. Property means the house, flat, maisonette or other dwelling and includes any garage, shed, other structure, garden or land etc. for which you pay rent. For the purposes of your responsibility to repair, right to decorate and carry out improvements it does not include the exterior of the building; walls, roof, guttering, pipes etc. Home means the house, flat, maisonette or other dwelling but excludes any detached garage, detached shed, other structure, garden, or land etc. Your household and visitors means you, your family, visitors and any other persons living at the property with you, including any lodgers or sub-tenants. There is no minimum or maximum age limit on householders or visitors. Communal area means any other part of the building or the estate in which the property is situated where you and other users are permitted to go from time to time. This also includes but is not limited to any fire escape stairway, passageway, corridor, lift, rubbish chute, bin, drive, path, lane, road, or other access, communal gardens, play areas, staircase, landing, balcony, drying area or entrance halls in flats or maisonettes,. Damage caused means any damage, defacement to any property, furnishings, fixtures or fittings caused by you or your household or visitors either deliberately, through carelessness, neglect or accidentally. Fair wear and tear permitted. Singular and plural Throughout this Agreement whenever required by context the use of the singular shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders. Mobility Scooter Otherwise known as powered scooter or electric wheelchair. Are defined as invalid carriages under the Use of Invalid Carriages on Highway Regulations 1998 Page 24