Types of tenancy agreements
An Assured Tenancy
These are either weekly or monthly tenancies that have no fixed period of time stated so are often referred to as lifetime tenancies.
Some existing customers who transferred from a local authority under a large scale voluntary transfer arrangement (LSVT in 1995) have an Assured Tenancy with preserved rights which give similar rights to their former Secure tenancy including the Preserved Right to Buy.
These are older lifetime tenancies granted before 15th January 1989 for Housing Association customers or granted to Council customers. Housing Solutions customers who transferred to us from the Council at LSVT in1995 became assured customers with preserved rights.
These are short term contractual agreements that do not provide any security of tenure but allow occupation for a specific purpose.
An agreement to allow occupation without any security of tenure.
When will it be used: For temporary decant situations; or hostel accommodation or other accommodation where the occupant does not have exclusive possession or we have no intention to create a landlord and tenant relationship.
Caravan Act Licences and Mobile Home Act Statements.
These are agreements that allow caravans or mobile homes be stationed on plots and land belonging to or managed by Housing Solutions.
A Periodic Assured Short hold Tenancy
These are weekly or monthly assured short hold tenancies which can be brought to an end after an initial 6 months by either a customer or landlord by serving a section 21 notice or if there are any breaches of tenancy at any time, by obtaining a valid Possession Order. The customer can usually end the tenancy at any time by giving a notice to quit.
When will it be used: For key worker and market rent properties: properties approved for regeneration or possible disposal to let on a short term basis, or for some specialist supported housing to enable us to better manage customer’s changing care and support needs.
An Assured Short hold Starter Tenancy
These are periodic assured short hold tenancies for an initial 12 month probationary period. This probationary period can be extended up to 18 months where there have been breaches of tenancy and we wish to continue to monitor the customer’s behaviour. They may be ended by serving a valid Section 21 Notice or by a valid Possession Order on one of the grounds in Schedule 2 of the Housing Act 1988.
Fixed Term Assured Short hold Tenancy
These are Assured tenancies granted for a fixed period usually five years. In some circumstances (examples of this are the letting of property for short term pending regeneration or major works, or in supported accommodation) we may issue them for less than 5 years but the term offered will not be less than 2 years)
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. Please see your Tenancy Policies and terms and conditions for more details.
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.
Residents are also responsible for certain repairs to their home, these repairs responsibilities can be found here.
Joint tenancies are usually offered to couples, who can show they have been living together for a period of at least twelve months. Joint customers 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 customer can apply for housing benefit.
Marriage / relationship
If your marriage or relationship breaks down a Court may have to decide who should have the tenancy, if agreement cannot be reached. Further advice should be sought from Citizen Advice Bureau.
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.
Assignment (passing on the tenancy)
Assignment means passing on your tenancy to somebody else.
You have an assured tenancy:
- 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;
Lodgers and subletting
You may be able to apply for permission to take in a lodger as long as you do not overcrowd your home and does not conflict with your Tenancy Agreement. 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.
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.
Affordable rent scheme
The Affordable Rent Scheme allows housing associations to:
- let properties at rents of up to 80% of those charged in the private sector
- offer tenancies for a fixed term, instead of for life.