A Simple Guide To Your Tenancy

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Types of tenancy agreement
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Your responsibilities as a resident
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Joint Tenancies
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Marriage/relationship
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Lodgers and subletting
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Assignment (Passing on the tenancy)
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The right to inherit a tenancy
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Affordable tenancy

We offer four different tenancy agreements. Your tenancy agreement is a legally binding contract that sets out your rights and responsibilities as a tenant.

It is important that you read your agreement carefully and understand it. You should have a copy of your tenancy agreement. If you do not understand something in your tenancy agreement please call us on 0800 876 6060 for help.

Please keep to the conditions of your tenancy agreement. If you break any of these conditions, we may take legal action against you. This could cost you money and may lead to you losing your home.

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Types of tenancy agreement

We offer four types of tenancy:

  • Assured Tenancies with protected rights - this tenancy offers security of tenure, the preserved right to buy your home, mutual exchange and succession rights.
  • AssuredTenancy - this tenancy offers security of tenure, the right to acquire your home, mutual exchange and succession rights.
  • Assured Shorthold (Starter Tenancies) – We are piloting this tenancy agreement for new residents. Starter Tenancies offer limited security of tenure and while on a Starter Tenancy you would not be able to complete a Mutual Exchange or transfer. Starter Tenancies are designed so that we can offer greater support to tenants who may be having difficulties paying their rent or settling into their new home. People on these tenancies will receive regular visits from their Tenancy and Neighbourhood Officer. If after nine months the tenancy has been successful, the tenant willl be considered for a new Assured Tenancy to be offered at the anniversary date of moving into your home. However, if there has been a serious breach of the tenancy we will take steps to terminate the tenancy.
  • Mobile Home Licence – this offers limited security of tenure.

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Your responsibilities as a resident

All residents should have their own copy of their Tenancy Agreement. In your Tenancy Agreement you agree to certain things concerning the way you behave as a resident.

As a resident you are expected to:

  • Pay your rent when it is due;
  • Look after your home;
  • Not carry out any building work on the property without first gaining written permission from us.

You should not:

  • Cause a nuisance to your neighbours;
  • Cause damage to the property;
  • Allow your home to become overcrowded;
  • Leave any item in communal areas as these could cause an obstruction.

The property that you rent from us must be your only or main home.

You could lose it if you:

  • let out the whole of your home and move somewhere else;
  • give away your home to someone else;
  • leave your home for a long time without letting us know that you intend to return;
  • have another home that you could reasonably occupy.

If you are not living in the property we will repossess it.

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Joint Tenancies

Joint tenancies are usually offered to couples, who can show they have been living together for a period of at least twelve months. Joint residents have equal rights and are equally responsible for all the conditions of the Tenancy Agreement. This includes all the rent and any rent arrears. Either joint resident can apply for housing benefit.

Sole residents should think carefully before giving up their sole tenancy for a joint tenancy. Please contact your Tenancy and Neighbourhood Officer for information.

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Marriage/relationship

If your marriage or relationship breaks down, it may be that one of you will have to leave your home. The Association cannot take sides in a matrimonial dispute and a Court may have to decide who should have the tenancy, if agreement cannot be reached.

The tenancy is normally given to whichever partner is granted custody of any children and you should make sure that your solicitor asks the Court to make such an order during divorce or separation proceedings.

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Lodgers and subletting

You can take in a lodger as long as you do not overcrowd your home. You must notify us in writing, providing full details of your lodger. If you are receiving Housing Benefit and intend to take in a lodger, you must notify your local council’s Housing Benefit office as the benefit you receive may be affected.

You can sub-let part of your home if you obtain the Association's written consent, but you should talk to your Tenancy and Neighbourhood Officer first.

Remember, if your lodger/sub-resident causes a nuisance, you, the resident will be held responsible.

If you leave your home permanently for any reason you must make sure the lodger/sub-resident leaves as well.

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Assignment (Passing on the tenancy)

Assignment means passing on your tenancy to somebody else.

This will only happen:

  • when a Court has ordered the transfer as part of divorce or separation proceedings;
  • if you have our written permission to carry out a mutual exchange;
  • if you pass your tenancy to someone who would inherit if you died.

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The right to inherit a tenancy

If a sole resident dies, there is a right in law for the tenancy to pass to a qualifying member of the family, who has lived with the resident for the past twelve months as their only home. Proof of residency at that address will be required.

A qualifying member of the family is:

  • a spouse or person with whom the resident has lived together as a couple;
  • the resident's parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece;
  • a step-relation.

The tenancy can only be transferred once in this way and as a 'successor', you do not have the right in law to pass the tenancy on to someone else.

Should you wish to claim the tenancy on the death of a resident, you should contact your Tenancy and Neighbourhood Officer for advice. In the case of a joint tenancy, the tenancy will automatically pass to the surviving resident. A 'successor' who was previously a joint resident, is legally liable for any outstanding arrears on their rent account or for any other breaches of tenancy.

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Affordable tenancy

Information coming soon.

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