assured shorthold tenancy agreement
assured shorthold tenancy agreement Address:
Type of Property:
Name of Tenants (s)
Relationships
Date of Birth
NI Number
The maximum number of people allowed to live in your home is :
Tenancy start date :
NLH | TA AST 1
assured shorthold tenancy agreement Your total weekly rent and service charge is : (it includes the following charges )
Weekly rent
£
Service charges: £ £ £ £ £ £ £ £ £ £ If we have granted this tenancy on the condition that you repay the rent and other charges owed under a previous tenancy (“Former Tenant Arrears”) then in addition to the rent and other charges set out above, you also agree to pay the Former Tenant Arrears at a weekly rate set out below:
Amount of Former Tenant Arrears owed :
£
Weekly amount due :
£
Such charges may include unpaid rent arrears, court costs, and unpaid charges for damage to the previous property. A detailed breakdown of such charges is available upon request. The manner in which such payments received shall be applied as between the rent, service charges, Former Tenant Arrears and any other charges shall be determined by our Income Collection Policy unless you are told otherwise. If you fail to pay the sums agreed under this clause, we reserve the right to re-apportion the payments of rent (whether received from you or any other person including social security NLH | TA AST 2 benefits) as we deem appropriate.
about this tenancy This tenancy is a legal document between you and us. It sets out your rights and responsibilities as a tenant, and also our responsibilities as a landlord.
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It is very important that you have read and understand these terms and conditions set out in this tenancy agreement. We will explain the agreement to you and do our best to help you but you can also get independent advice and information from a number of organisations such as Citizens Advice Bureau, Shelter, Solicitors and we would advise you to do this is if you do not understand anything within this agreement.
You must also keep a copy of this tenancy agreement in a safe place.
Under sections 47 and 48 of the Landlord Tenant Act, 1987 our address (including for receiving legal or other communication relating to the tenancy) is: North Lincolnshire Homes part of ongo Meridian House Normanby Road Scunthorpe North Lincolnshire DN15 8QZ Any notice that you give us must be in writing and posted to, or taken to a North Lincolnshire Homes office unless we specifically tell you otherwise.
Any legal notice, or any other communication arising from this tenancy agreement will be deemed properly served on you if addressed to you and either delivered to you in person, or posted, or affixed to your home. If inserted through the letterbox or affixed to your home, it will be deemed to have been legally served on the same day. If delivered to your home, it will be deemed to have been legally served on the day when it would ordinarily arrive in the post (for First Class post or equivalent this will be the next calendar day except Sundays and bank holidays, in which case it will be the next delivery day after that). It is your responsibility to make arrangements for the collection or forwarding of mail if you are absent from your home for any length of time.
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serving notices
registered charity
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The dwelling that is subject to this tenancy is held by (the landlord in trust for) a charity and the grant of this tenancy is a disposition falling within paragraph (a) of section 117(3) of the Charities Act 2011.
altering the agreement With exception of changing the rent, service charges and any other charges, and the nature and extent of services provided, this agreement can only be altered by you and us agreeing to the change in writing.
data protection We comply with the Data Protection Act 1998 when dealing with personal data. This means your personal data will be processed in accordance with the law and our policy on data protection from time to time, and no personal data will be sold to third parties. By signing this tenancy agreement, you consent to us holding, processing and disclosing any personal information (including sensitive personal data) that
you have provided or has been provided by third parties or will be provided in the future to perform the functions of the ongo Partnership including North Lincolnshire Homes in administering our duties, and in accordance with our policies on data protection and fair processing from time to time. This may include informing third parties who are able to show that they are entitled to receive the information.
complaints If you are unhappy with any service that we provide you have a right to make a complaint through our formal complaints procedure. We can provide a copy or our complaint policy on request. Before you make a complaint formally, we would expect you to try and resolve the complaint informally first by speaking to or writing to the manager whose service you are unhappy with. If you do make a complaint we will investigate in accordance with our complaint policy.
consultation We will consult with you, on matters affecting your home and tenancy, before making changes in matters of housing management or maintenance which are likely to have a substantial effect on your tenancy.
This agreement is a Starter Tenancy (Assured Shorthold Tenancy). The purpose of these tenancies is to provide new tenants of North Lincolnshire Homes with a probationary period of 12 months. After 12 months, if the tenancy has been conducted satisfactorily, it will be converted to an assured non-shorthold tenancy. If we are not satisfied with your conduct during the first 12 months, then the starter tenancy may be ended (resulting in your eviction). Alternatively we may extend the probationary (shorthold) period for a further 6 months during which time we will consider whether the tenancy can convert to a nonshorthold or whether we will end the tenancy and evict you. A Starter Tenancy can be ended by us and we do not have to prove a legal reason (known as a “ground for possession”). We have a procedure to follow and if followed correctly
the judge will have no choice but to order an eviction. We will give you two months written notice that we intend to seek possession, in accordance with Section 21 of the Housing Act 1988. We can end the tenancy or extend the probationary period for any reason set out in our policy in force from time to time. Without being an exhaustive list, the most common reasons for a starter tenancy to be ended or the probationary period being extended are: • Non payment of rent • Causing nuisance and antisocial behaviour • Using the property for illegal purposes • Not living at the property or subletting your property without permission
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starter tenancy – assured shorthold tenancy
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tenancy conversion As from the first anniversary of the tenancy start date we may in our discretion serve a conversion notice on you telling you that this tenancy is to be regarded as an assured (non shorthold) tenancy. Alternatively we may in our discretion delay this action for up to 18 months after the tenancy start date. There may also be other circumstances in which we delay serving the conversion notice indefinitely, for example we have decided to begin legal proceedings for eviction and these proceedings are pending or still underway. Any decision whether or when to serve a conversion notice (or whether
or when to begin legal action to evict you instead) will be taken in accordance with our policy in force from time to time. If we do serve a conversion notice on you, you will receive additional rights effective from that date which are set out in this agreement. The other terms and conditions of this agreement will remain the same. We will only notify you of this change if you have paid your rent promptly and have complied with all of your tenancy conditions throughout your first year of your tenancy. Please refer to our policy for full details of the circumstances as to when we will or will not serve a conversion notice.
This page shows you what we mean by key words and phrases within this agreement. Us /We Means North Lincolnshire Homes, our employees and employees of and ongo, contractors, agents and representatives when acting on behalf, or under authorisation. You Means the tenant (including all joint tenants). Where obligations are owed by the tenant(s) to behave or not behave in particular ways, then this also includes your family, children, visitors and pets. ‘Your home’ or ‘the property’ Means the dwelling subject to this tenancy – the address stated on this agreement and includes fixtures or fittings, gardens, hard standing, balcony, outbuilding, shed, fence or walls let with it. Debt/Rent Arrears This is money owed to us by you for the occupation of your home. This can include rent, service charges or other charges raised. Gang A group of individuals involved in persistent criminality for some form of personal gain (this includes profit and/or to gain or to demonstrate status) which is causing a significant harm to the community.
Successor Is someone who has become the tenant after the death of the original tenant by way of succession. Pets Any cat, dog, bird, fish, insect, reptile, spider or other animal which is kept on or allowed to visit the property. Rent Payment due from you to us for occupation of the property. Service charges Payment due from you to us for the services we provide as part of your tenancy with us. Communal or shared areas The parts of the building that all tenants can use, for example halls, stairways, entrances, landings, shared gardens, lawns and landscaped areas. Vehicle Any vehicle used for transporting people. Written permission A letter from us giving you permission to do something.
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meaning of words
1. rent and other charges It is important that you pay your rent and other charges when they are due. If you don’t, we may apply to court for possession of your home.
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your responsibilities 1.1
You must make sure your rent and any service charges are paid on time, whether or not you receive help with your rent. Your rent and service charges are set out on page 2 of this agreement.
1.2
Your rent and service charges are payable weekly in advance, and are due on each Monday.
1.3
It is not acceptable to pay your rent late and if you do so we may take legal action to evict you from your home.
1.4
If you are joint tenants, you are both responsible for the rent and service charges and for any arrears. We can recover all rent and service charge arrears owed for your home from any individual joint tenant. Even if one tenant leaves, he or she is still responsible for any rent and service charges that may still be owed as well as the remaining tenant.
1.5
When you take on a tenancy with us, we prefer you pay your rent and service charges by direct debit. You must agree how you will pay your rent and service charges and what frequency you will pay e.g. weekly or monthly at the start of your tenancy. If this changes you must notify us immediately.
1.6
(If applicable) You must pay the Former Tenant Arrears as set out on page 2 of this agreement.
1.7
We will work out your rent and service charges every year. Your rent is worked out on a basis that you will pay a full year’s rent in weekly payments. There will be four “rent free” weeks each year, where you will not have to pay rent on these weeks if your account is clear and up to date.
1.8
During the first year after the grant of this tenancy, we may vary your gross rent (including any service charges and other charges) once only, by giving you twenty eight days’ notice in writing. The notice will specify the proposed rent.
1.9
After the first rent increase, we can increase your gross rent (including service charges and any other charges) relating to this tenancy on the first Monday in April each year. We will give you at least one month’s notice in writing of the amount of the increase and the new rent payable. We can decrease the rent at any time and will advise you in writing if we do so.
1.10 We will provide the services set out on page 2 for which you will pay a service charge.
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our responsibilities
2. repairs and improvements your responsibilities
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You have a right to have repairs done which are our responsibility. We will make sure urgent repairs which might affect health, safety and security are done as soon as reasonably practicable. You must tell us immediately if there are any repairs or damage to your home which are our responsibility. We will only carry out repairs if we know that a repair is needed. 2.1 You are responsible for the following repairs or replacements:
• Fences and gates to your home not erected by us
• Repairing damage caused by you, your family, visitors to the property or pets
• Glass in window panes and doors
• Door numbers
• Sink and bath plugs and chains
• Toilet seats
•
To fill any minor plaster cracks or holes (unless these were caused by our own failure to keep the property in repair)
• Fire grates and ash pans
• Light bulbs, fluorescent tubes and starters • Fuses and batteries for your smoke alarm • Refuse bins and recycling boxes if lost, stolen or damaged
• Sweep chimneys where required
• Unblock waste pipes and drain gullies (except where the blockage occurs outside your control) • Electrical plugs to your own appliances • Any sheds, garages, outbuildings which have not been constructed by us • Any pathway, patio, paved area or hard standing that you have put in or not served by us • Any water butts, compost bins or rotary driers where provided and any other gifted items as notified by us • You are responsible for the cost and replacement of damaged, lost or stolen keys and door entry fobs
You must report any defects you have in your garden and outside areas that we are responsible for maintaining. If we are unaware of the problem we are unable to carry out a repair. If you have not told us about any defects we will not be held responsible should an accident or injury occur due to the defect.
2.3
Where there is a smoke detector fitted in your home you must maintain the smoke detector in proper working order at all times. The smoke detector must not be removed and batteries must only be removed in order to be replaced. This is for the safety of you and your family.
2.4
You must pay for the cost of repairs or replacement if you or someone living with you or visiting you have not looked after your home properly, have misused it or damaged it (even if you or someone else have caused the damage by accident ). This will also include any communal areas.
2.5
You must use equipment provided within your home to ventilate the property such as extractor fans and trickle vents in your windows. You must use and switch on this equipment regularly. If damp or other damage is caused because the property is not correctly ventilated then we may recharge you for the cost of making good any damage.
2.6
If and when you become an assured non shorthold tenant you have the right to improve your home but if you want to make any improvements you must get our written permission before you start any work. We may also need to see plans or diagrams of the work you want to carry out. We will not refuse permission without a good reason but we may impose conditions. If we do refuse we will explain our reasons to you. Some work will need planning permission and building regulation approval which you will be responsible for getting and the costs of this. You can refer to the tenancy standards document for guidance however some examples of the types of improvements for which you will need permission for are:
• Any structural changes or additions to your home • Putting up a satellite dish, CCTV or radio aerial for transmitting • Adding to or changing any of the installations, fixtures and fittings we have provided
• External decoration
• Fixing anything to the exterior of your home if the property has external cladding
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2.2
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2.7 You must allow us to inspect the improvements after the work has been completed. 2.8
You must keep all permission letters, planning documents and any other related documentation regarding the improvement until the end of your tenancy and make them available to us on request.
2.9
If you have not complied with your own plans or any conditions attached to our permission or planning permission/buildings regulations, or if the work has been completed in an unsatisfactory manner or is dangerous then we can require you to put it right, and/or put the property back into its original condition, and/or we can carry out our own works and you will have to pay the costs.
2.10
If you carry out any improvements without our permission or do not comply with conditions this will be a breach of your tenancy.
2.11
If and when you become an assured non shorthold tenant you have the right to claim compensation for certain improvements which you have made to your home after a certain date. You can access full details and qualifying improvements upon request.
our responsibilities 2.12 We will keep in good repair the structure and the exterior of your home. This will include:
• The roof, external walls and doors
•
Window frames including catches and windowsills (but not the glass, unless the damage to glass results from our own failure to keep the property in repair)
• Chimneys, chimney stacks and flues
• Access to your home such as paths and steps leading to front and back entrances constructed by us • Garage, sheds and outbuildings that have been constructed by us • Drains, gutters and external pipes (where they are not shared )
Internal walls (but not including minor plaster cracks, unless these were caused by our own failure to keep the property in repair)
2.14 We will keep in good repair and fit for purpose any shared areas and common entrances. This will include:
• Communal Door Entrances
• Floors and ceilings (Not including floor coverings)
• Stairways , hallways, landings and passageways
• Doors including frames and hinges
• Lifts
• Skirting boards
• Rubbish chutes
• Drying areas
• Electrical lighting
• Communal gardens
• Parking areas provided by us
2.13
We will repair and keep in good working order any installation for the supply of water, gas, electricity and sanitation and any central heating and water heating equipment that we provide. Examples of these are:-
•
Kitchen and bathroom fittings we have installed (including basins, sinks, toilets, baths and pipes, but not including any free-standing cookers or other “white goods”)
• Electric wiring including sockets and switches
• Gas pipes and water pipes
• Heating equipment and water heating equipment • Fitted fires and fireplaces installed by us • Smoke detectors that are hard wired and installed by us
2.15
We will decorate the outside of your home (where required) as often as is needed to keep it in good external condition.
2.16
We are legally responsible for making sure that the gas appliances (except ones you are entitled to remove), gas pipe work, flues are in safe condition. We will do this in a gas safety check at least once each year, for which you must allow access.
2.17
If any emergency services or police have to gain access to your home you will be responsible for the costs of making your property secure again. You must pay us for any repair works that we do.
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•
3. access and entry
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your responsibility 3.1
You must allow us to enter your home either by arrangement with you or after giving you at least 24 hours notice (except in an emergency). We may enter your home:
•
To check that you are complying with the terms of this tenancy agreement or any other agreement entered in to regarding the occupancy of your home
• To inspect the condition of your home and the installations within it • To carry out inspections where required for the purpose of approving an exchange or transfer of your home • To carry out repairs or improvements to your home or adjacent land •
To service any appliances or installations including those which we have a responsibility to maintain under the terms of this agreement or by law such as gas appliances provided by us and/or solid fuel burners
•
To carry out disinfestations or pest control to your home or common parts of the building in which your home is situated
•
In any case where we have reasonable cause to believe that there is an emergency or serious hazard affecting your home, any other property, other land or any person where access to your home is reasonably necessary to deal with that emergency in any way
•
To carry out cleaning, remove any fouling, carry out works in default, make good any damage or remove any addition, alteration or improvement to your home where these works are required by us because you are in breach of your responsibilities under this agreement
• To carry out cleaning and/or remove any items deemed by NLH to be hazardous, inappropriate or offensive
For the avoidance of doubt you agree that we will gain entry into your home where we have reasonable cause to believe that there is or may be an emergency justifying such action and where it is necessary to gain immediate access. This will include without agreement to carry out gas, electric and asbestos checks and to remedy any other health and safety. We will try to contact you before gaining entry.
3.3
You must allow us into your home to carry out a safety check on your heating system at least once a year. This is an important health and safety requirement to protect you, your family and your neighbours – many people die every year because of carbon monoxide poisoning or gas explosions. Making sure your boiler is serviced regularly can also save you money if it works more efficiently and uses less gas. We may carry out further checks or repair works if these cannot be done during the first or subsequent visits. We may also carry out safety checks earlier than once each year, for example to keep in step with an area-based servicing programme. You must make sure that you have a working gas
supply when the work is carried out. You must follow instructions given by qualified gas engineers, for example agreeing to turn off the gas supply if any appliances are unsafe or cannot be tested/repaired. If you do not allow access or follow health and safety instructions, we may start legal action against you and ask the Court to order that you pay our costs. We may get an injunction against you and if you do not comply with the injunction then you could face imprisonment. We may also apply to evict you. We may also ask the Court and/or the Local Authority to authorise us or council officers to force entry to your home to carry out safety checks and/or other repairs where the law allows this.
our responsibility 3.4
We will not enter your home without your agreement unless it is an emergency situation or we are authorised by law or a Court order.
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3.2
4. living in your home
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your responsibilities 4.1
You must move into and take possession of your home at the start of your tenancy. If you claim Housing Benefit or Universal Credit you will not be eligible for housing benefit unless you move in.
4.2
You must use the property we have provided you as your only and principal home.
4.3
You must take care of keys and fobs for your home and communal entrance doors. If they are lost, stolen or damaged you will be responsible for the cost of any replacements.
4.4
You must tell us in advance if you are going to be away from your home for more than 28 days. This is so we know that you have not abandoned your home. If you go away then you must make arrangements to ensure rent and service charges are paid (if you claim benefits, these may be stopped if you go away for too long).
4.5
You must not have more than the maximum number of people living in you home. The number is shown on page 1 of this agreement.
4.6
If you want to run a business from your home you must obtain permission in writing from us before starting your business. Permission will not be unreasonably withheld and we may attach conditions to our permission. We will normally refuse permission if the business will cause nuisance or annoyance to your neighbours or is illegal or causes risk of injury or damage. We reserve the right to withdraw or amend our permission at a later date. You must not run a business without our written permission or in breach of any conditions imposed.
4.7
You must not store scrap, chemicals (other than domestic cleaning products) and other hazardous materials without prior written permission.
4.8
You must not use or allow to be used paraffin and bottled gas heaters or store any explosive or inflammable substances without prior written permission.
You must not keep mopeds, motorbikes, or any machinery or recreational items with a fuel engine inside your home or any communal areas such as entrance halls, stairs and landings. If you or any member of your family keeps a mobility scooter you must contact us and reach an agreement about where it will be kept and how you will look after it, including how any battery will be recharged – this is important to ensure that communal areas are not blocked and that fire hazards are reduced or eliminated.
4.10 You must not tamper with your gas or electricity supplies, or with the meters. 4.11
If your home is fitted with solar panels provided by us then you are required to switch on the generator meter. Failing to do this will be a breach of this tenancy and we may take legal action against you.
keeping pets 4.12
You must not keep any pet at the property without our written permission. We will not unreasonably withhold permission but may set out conditions. The permission can be
varied or withdrawn at any time if your pet causes or presents a risk of causing a nuisance or injury (including to other animals), damages any property or is mistreated by you or anyone living with you or visiting you in accordance with our current Pet Policy.
4.13
You must not keep livestock or farm animals in or around your home. Examples of these are horses, ponies, donkeys, pigs, goats, sheep, cattle, cockerels, ducks and geese.
4.14 You must not tether horses, ponies, donkeys or any other livestock on any open plan area or land owned by us. 4.15
You must not breed any animals or birds at your home, or have a chicken coop, pigeon loft, aviary or bee hive in the property or garden or any communal areas without our written permission. We reserve the right to withhold, vary or revoke permission but will not do so unreasonably. We may impose conditions if we do give you permission.
4.16
You will not be allowed to keep pets (other than fish in a fish tank or a small caged animal) in a flat that does not have a door with direct access outside (examples of flats which do
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4.9
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not meet these criteria are flats with communal entrances or high rise flats). Exemptions may be made for assistance animals (for example hearing dogs or guide dogs) but this will depend on all of the circumstances.
order to make you pay us any profits you have made. If you sublet without our permission then you will also permanently lose your status as an assured tenant and we can end your tenancy.
4.17
You must always clean up after your animal either on public land, communal areas, in your own garden or inside your home. It will be a breach of tenancy if there is fouling in any of these areas that you would be responsible for clearing.
4.18
You must not keep or allow to be kept at your home any animal described in the Dangerous Wild Animals Act 1976 or associated regulations.
4.19
You must not keep or allow to be kept at your home, any dog described in Section 1 of the Dangerous Dogs Act 1991 or associated regulations and as amended by the ASB, Crime and Policing Act 2014 (Part 7).
4.21
You must not exchange or assign your tenancy without our permission (see Sections 7 and 9). You must not sublet part of your home without our permission. We reserve the right to withhold, vary or revoke permission but will not do so unreasonably. We may impose conditions if we do give you permission. We will not consider giving you permission unless and until this tenancy has become an assured non-shorthold tenancy.
4.22
You may take in a lodger as long as you do not grant a sub tenancy or exceed the maximum number of people allowed to live in your home. You must agree to tell us on request the name age and sex of any lodger or intended lodger. If you are claiming Housing Benefits or Universal Credit you may need to check how this will affect your claim.
sub letting 4.20
You must not sublet the whole of your home. This means you must not rent out your home to someone else giving them exclusive use of the property. It is a criminal offence to sublet the whole of your home without our permission and we can get a Court
4.23
You must keep your garden well maintained and in a tidy condition at all times. You are responsible for looking after all parts of your garden which may include grass, plants, bushes, trees and hedges and make sure it is free from excessive weeds.
4.24
You must maintain your garden so it does not endanger the health and safety of other people, look unsightly or cause damage to any property including pipes, drains or cables.
4.25
You must keep hedges and bushes at a manageable height (no more than one metre high at the front and no more than two metres high at the back). They must not overhang any public right of way or neighbouring premises.
4.26
You must make sure your grassed areas are regularly cut and free from excessive weeds as required. We would expect that regularly means no more than two weeks between cuts so the grassed area is kept to a maintainable standard.
4.27
You must keep your garden free from rubbish, litter and debris. Examples of these are household refuse, garden or building debris, large
household goods (unless reported to the Council for collection), scrap and car parts (This is not a full list).
4.28
You must not, before getting our written permission, remove any tree or hedge which forms a/part of a boundary.
4.29 You must not plant, remove or carry out work on any tree without getting our permission first. 4.30
You must not use any garden area which has been let as part of your home to park any motor vehicle, trailer, horse box, caravan or boat.
4.31
You must not site, create or use any form of accommodation in your garden which includes caravans, motor homes, tents or sheds (this is not a full list). You must not have people living in any mobile accommodation at any time within the boundary of your property, or any communal areas owned by us.
4.32
You must put your weekly refuse out before the collection is due and return your bins to their proper storage places as soon as possible after the collection. You must use the wheelie bins in the correct manner and not contaminate a bin with incorrect refuse. It will be your
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gardens
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responsibility to clear and clean the bin of the wrong refuse so normal refuse collections can continue.
4.33
Where there is a right of access over your property you must allow use of that access. You must not cause or allow any obstruction of that access.
4.34
You must not set any bonfires in your garden which would cause damage, nuisance or annoyance or be an offence under the Environmental Protection Act 1990.
looking after your home 4.35
You must keep your home clean and tidy. This means you must clean and tidy your home regularly. Any home found to be in an unclean state will be a breach of this tenancy. We have a tenancy standard for you to refer to for guidance.
4.36
You must keep your home in a good decorative order. This means your walls, ceiling, doors and woodwork around the home must be decorated to a reasonable standard. We have a tenancy standard for you to refer to for guidance.
4.37 You must not use any non domestic paints or textured coatings such as artex.
4.38
You must not apply any paint or coatings of any description to fixtures and fittings or appliances for the heating or water heating. This includes not applying any paint or coatings to baths, sinks, toilets, kitchen units, fires, boilers, radiators or any light switch or electrical socket.
4.39
All ceilings and woodwork including doors must be decorated in a neutral colour such as, white, cream or magnolia.
4.40
You must not apply any dark colours to the walls such as black or another similar deep colour. If we have to redecorate when you leave you will be charged the cost of this work
4.41
You must make sure your floors are covered with an appropriate floor covering to reduce any noise being heard in your neighbours’ homes. If your home is a flat or maisonette we do not consider wood, laminate, tiles or any other type of dense hard flooring to be an appropriate floor covering.
• Is dangerous, flammable or explosive
• Is illegal
4.45 You must not park anywhere that would obstruct the emergency services. 4.46
You must not park a boat, caravan, motor home, trailer, lorry or large commercial vehicles at your home or on our land without our written permission. If permission is granted then you must be able to park your vehicle safely.
4.47
You must not block access to any other property by parking inconsiderably, or allow anyone living with you or visiting you to do so.
4.48
You must not park a vehicle outside of your home unless it is a designated parking area or on a road where parking is permitted and that it is in a roadworthy condition, is taxed and insured.
parking and driveways
4.49
You must not allow a vehicle to enter any land at your home except across a proper crossing, for example a dropped kerb for vehicles.
4.44
4.50
You must not carry out any major motor repairs at your home or any other property owned by us except for essential maintenance tasks and you must not run a car repair business from your home or any other property owned by us.
• Increases the weight on any part of the property so as to affect the structure or safety of the property • Increases the risk of infestation by vermin like rats and mice, or insects and other pests • Causes a nuisance or annoyance to us or your neighbours 4.43
You must not accumulate excess items in your home which prevents the use and intended purpose of your home and the rooms within your home, or which may cause a health and safety risk or fire hazard, or may cause an increased weight bearing on the structure of your home.
You, your family, lodgers and visitors must not park a vehicle on a footpath or right of way, across a grass verge or paved area belonging to us or anywhere on your property except on a hard standing area (a driveway or paved area intended for parking).
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4.42 You must not store anything in your loft space that:
4.51
You must not allow a vehicle to cross any land or grassed areas owned by us or North Lincolnshire Council at any time unless you have written permission to do so.
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extra conditions for tenants of low and high rise flats and sheltered accommodation 4.52
If your home is in a building that has communal areas (for example if you live in a block of flats or maisonette) you must not use these areas for anything that they are not supposed to be used for.
4.53 4.54
You must not block communal areas or access to communal areas. In addition to your obligations under clause 4.9 above, you must not leave any personal items of any description in the communal entrance/area at any time. In addition to clause 4.9 above, this includes things such as pushchairs, prams, walking aids, wheelchairs, bicycles, shoes, coats or any ornamental decoration (this is not a full list). If you use a wheelchair or walking aid then you must contact us and reach an agreement about where it will be kept – this is important to ensure that communal areas are not blocked
and that fire hazards are reduced or eliminated. Any items left in the communal areas in breach of this requirement may be removed as described in our Neighbourhood Management Policy.
4.55 You must not leave any litter or rubbish in the communal area. 4.56 You must not block any refuse disposal chute. 4.57
You must not contaminate communal refuse bins. An example of this would be to put incorrect refuse into a recycling bin. You may be recharged for the emptying and cleaning of a refuse bin if you do contaminate a refuse bin.
4.58
You must not allow any pets or animals visiting you to be left to roam, or be kept or left tethered in any communal areas.
4.59 You must not damage or interfere with any communal area, door entry system or safety equipment. 4.60
You must not leave or prop open any communal door entrance to allow the communal entrance to become insecure.
4.61 You must not give out your keys, door entry fobs or door codes to any other person.
4.62 You must not hang washing on communal balconies or stairways.
4.64
You must keep your balcony clean and free from debris and dispose of any debris in an appropriate manner. For example you must not sweep or drop or throw debris off the balcony which could then cause nuisance to anyone below.
4.65
You must share the use of communal gardens with other tenants and must not exclusively cultivate, fence off or restrict access to any area.
4.66
If you live within a sheltered or retirement housing scheme and you store your mobility scooter either in the scooter store provided or within your property you must have the appropriate insurance in place, including public liability insurance up to the value of £1million and ensure that your scooter is serviced on an annual basis. Owners of scooters must ensure that charging be undertaken in accordance with the manufacturer’s instructions and that scooters are not left on permanent charge.
Permission to store and charge a mobility scooter within any designated storage area will be limited to one scooter per person and misuse and/ or non-use of mobility scooters may result in permission to store the scooter within a designated storage area in a sheltered or retirement scheme being withdrawn.
our responsibilities 4.67
We agree to give you possession of your home at the start of the tenancy. We will not interrupt or interfere with your right to peacefully live in your home, unless we have to inspect or repair your home, you breach the terms of your tenancy or we have other grounds for requiring possession of your home.
assured shorthold tenancy agreement | living in your home | page 24
4.63 You must not throw or drop any item from the balcony or window.
5. living in your community
assured shorthold tenancy agreement | living in your community | page 25
your responsibilities You are responsible for the behaviour of every person (including children) and for pets living in or visiting your home. You are responsible for them in your homes, on surrounding land, in the communal areas (stairs, landings, entrance halls, paving, shared gardens, parking areas) and in the locality of your home. We will take action against you if there is any nuisance annoyance or disturbance for which you are responsible in accordance with this agreement. If you do not keep to these conditions we have the right to take legal action straight away against you and other people who are responsible for the behaviour. This can include applying to the courts to end the tenancy, asking them to make orders to prevent anti-social behaviour (which can include removing you and your family from your home immediately), or any other legal action we are allowed to take under anti social behaviour laws in force from time to time. 5.1
You, your family, lodgers, visitors and pets must not cause nuisance, annoyance or disturbance to any other person. Examples of nuisance, annoyance or disturbance include (but are not limited to):-
• Door slamming or banging on walls or floors
• Dumping rubbish
• Committing crimes in your property or in the local area
•
• Participating in, or committing an offence at the scene of, a riot anywhere in the United Kingdom
• Allowing rubbish to accumulate in your garden or weeds to overgrow your garden which become an eyesore
• Loud music
• Offensive drunkenness
• Hoarding rubbish or any other items or items in your home
• Dogs barking and fouling or other pets causing a nuisance, including visitors’ pets
• Abusive language, shouting or swearing
•
Security lighting/CCTV cameras which affect others or intrude on their property, for example by shining light into other properties or filming areas outside of your own boundaries
Allowing large numbers of people to congregate in or around your property and/or cause nuisance, intimidation or excessive noise
You, your family, lodgers and visitors must not harass or threaten to harass any other persons who include tenants, other members of your household, our staff and contractors or any other person. Examples of harassment include:
• Racist behaviour or language
• Behaviour causing alarm and distress
• Using or threatening to use violence
• Using abusive or insulting words or behaviour • Damaging or threatening to damage another persons home or possessions • Writing threatening, abusive or insulting graffiti • Doing anything that interferes with the peace, comfort and convenience of other people
You must not play or permit to be played by any other person living in or visiting your home, any radio, stereo, television, computer equipment (including PCs, games consoles, tablets or smart-phones), or musical instrument or operate any other electrical or electronic equipment in or near your home or in the local area in such a manner as to cause nuisance or be likely to cause a nuisance disturbance or annoyance to any other person in the locality.
5.4
You must not smoke in the communal or shared areas of your home as these areas are classed as public areas where smoking is against the law.
5.5
You must not smoke or allow smoking inside your home when our employees, contractors or agents are present and you must allow the room to be ventilated by opening a window if you have been smoking in there.
5.6
You must not behave in a manner which is threatening, violent or abusive (whether psychologically, physically, sexually, financially or emotionally) to any person who is or has been your partner or family member (irrespective of their gender or sexuality).
assured shorthold tenancy agreement | living in your community | page 26
5.2
5.3
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You, your family, lodgers and visitors must not use your home or any shared area for illegal or immoral activity or engage in any illegal or immoral activity in the locality of your home or neighbouring estates or other properties owned by us. Examples of this include (but are not limited to):• Prostitution or related offences
• Possessing, making, cultivating, using or supplying illegal drugs • Storing or handling stolen or counterfeit goods
• Theft
• Burglary
• Keeping unlicensed firearms, ammunition, explosives or other weapons in the property (including swords, knives, baseball bats and crossbows)
5.8
You must not supply, sell, use, make, grow, possess or store any illegal drugs or illegal substances at your home or in the local area.
5.9
You must not download, print, store or supply from your home or the local area any child pornography, or use your home for any unlawful sexual activity or sexual exploitation involving children.
5.10
You must not obstruct, threaten, abuse, harass or assault any officers of North Lincolnshire Homes or our contractors or agents at any time, nor cause, allow or encourage anyone else to do so.
5.11
You or anyone living with you must not become a member of a gang or allow a member of a gang to visit your home.
our responsibilities 5.12
If you report nuisance or harassment, we will give you help and advice. We will investigate your complaints and decide what action to take. Where there is evidence of harassment or victimisation we will respond.
your responsibilities 6.1
Either you or we can end your tenancy by giving at least 28 days’ written notice (which can expire on any day of the week). The law restricts the situations when we can use this method to end your tenancy. We have a form for you to complete your notice correctly. You must get our agreement first if you want to end your tenancy with less than 28 days’ notice (known as “surrender”).
6.2
At the end of your tenancy you agree to give us vacant possession and you must leave the property including fixtures and fittings we have provided in good condition and in proper working order.
6.3
You must leave your property in a clean and tidy condition. If we have to clean the property as it has been left in an unclean state you must pay us for the cost of this cleaning.
6.4
You must return all keys and communal door entry fobs on or before the day your tenancy has ended. If your keys and fobs are not returned you must pay us for the cost of replacements.
6.5
You must pay for repair or replacement if damage has been caused deliberately or by your own neglect or failure to report repairs which we would otherwise be required to do.
6.6
If you have made any improvements or alterations to your home without our permission you must return the home to how it was before you have made the improvements before the tenancy ends. If we have given permission which imposed conditions (such as returning the property to a particular state) then you must comply with those conditions before the tenancy ends. If you don’t then we may do the work and you must pay us the costs.
assured shorthold tenancy agreement | leaving your home and ending your tenancy | page 28
6. leaving your home and ending your tenancy
assured shorthold tenancy agreement | leaving your home and ending your tenancy | page 29
6.7
You must not leave any other person or a pet living in your home when you move out.
permission to dispose of any of your personal belongings we find, in accordance with this agreement.
6.8
Any joint tenant can end the tenancy by giving us 28 days written notice in accordance with clause 6.1. This will end the tenancy for all tenants.
6.9
When your tenancy ends you are still responsible for paying us any money you owe under this agreement.
6.11
When this tenancy is an assured tenancy within the meaning of the Housing Act 1988, we may use any of the grounds for possession set out in the Act (including future amendments and additions, or any replacement legislation) to terminate your tenancy.
6.10
You must remove all belongings from the property when your tenancy ends (however ended – whether you give notice or surrender, or we serve notice on you, or a Court orders you to leave, or you simply leave without telling us). If you fail to do this we may remove and store your belongings and if not collected within 30 days we may sell or otherwise dispose of any furniture, goods or personal belongings which you fail to remove from the property. You will be responsible for all reasonable costs which we incur and we will be entitled to deduct these costs (and/or damage incurred or rent arrears left owing on your tenancy) from any monies that are lawfully due to you. By signing this tenancy agreement you are giving us your irrevocable (permanent and binding)
our responsibilities 6.12
We will arrange to inspect your home when you have given us notice to terminate. You must pay us for any repairs, removal of items or decoration you were responsible for unless you carry these out before you leave.
6.13
If you die, we will end your tenancy after we receive notice in writing from your executors. We will charge any outstanding costs to your estate.
7.1
If and when you become an assured non-shorthold tenant, you can apply to exchange homes with another tenant of a local authority or social housing landlord but only if you have our written permission to do so and the other tenant also has written permission from their landlord. Your application to exchange will be considered against the rules set out in our Lettings Policy. We will not refuse permission unreasonably but we may attach conditions to any permission we do give. You must not give any false information or pay any money or give any financial or other incentive to any other person involved in the exchange or allow anyone else to do so (if you break this requirement then our permission will be considered invalid). You are not able to exchange your home when your tenancy is an assured shorthold tenancy.
7.2
You have the right to apply to move to another home we provide. You will have to go on the housing register. Your application to transfer will be considered against the rules set out in our Lettings Policy and Home Choice Lincs Policy.
7.3
While you are an assured shorthold tenant you must not transfer (assign) your tenancy to any other person unless a court in family proceedings orders you to transfer your tenancy.
If and when you become an assured non-shorthold tenant then you must not transfer (assign) your tenancy to any other person except in one of the following circumstances:
• A court in family proceedings orders you to transfer your tenancy • You exchange your home with our permission (see 7.1 above) •
To someone that would have qualified to succeed to the tenancy if you have died, where you get our permission (your application will be considered against the rules set out in our policy – we will not unreasonably withhold permission and can attach conditions to any permission we do give)
assured shorthold tenancy agreement |exchange assignments and transfers | page 30
7. exchange, assignments and transfers
assured shorthold tenancy agreement | right to acquire | page 31
8. right to acquire
If you would like to buy your home, if and when you become an assured non-shorthold tenant you may have the right to acquire your home under the Housing Act 1996 unless you live in sheltered housing or other housing excluded from this legislation. There may be restrictions on when you can exercise the right to acquire. You can find out more about your rights from Citizens Advice, Shelter, or a solicitor. This right does not apply unless and until this tenancy becomes an assured non-shorthold tenancy.
9.1
If there are two joint tenants and one of you dies, the surviving tenant will become the only tenant. This will count as a “succession” for the purposes of this agreement and under the Housing Act 1988.
9.2
If you are the only person on the tenancy agreement and you are not a successor when you die (as defined by this agreement and/or the Housing Act 1988) your tenancy will pass to your spouse, civil partner or cohabiting partner if they were living with you as their only or main home when you died. A cohabiting partner is a person who was living with you as if they were your spouse or civil partner.
9.3
If you are the only person on the tenancy agreement and you are not a successor when you die (as defined by this agreement and/or the Housing Act 1988) but nobody is eligible to succeed under clause 8.2 above, then another member of your family or person living with you who is caring for you can succeed to the tenancy if they were living with you as their only or main home for at least 12 months before you died. The members of family that count for this paragraph are (in no particular order) your parent, grandparent, child, step child, grandchild, brother sister, aunt, uncle, nephew and niece (relationships by marriage and adoption are included, but fostering does not count as a family relationship for the purposes of this succession right).
assured shorthold tenancy agreement | your family’s rights if you die | page 32
9. your family’s rights if you die (succession)
assured shorthold tenancy agreement | your family’s rights if you die | page 33
9.4
If your home is not suitable for a person who is entitled to succeed to the tenancy because of its size, adaptations or the type of home then we will offer that person a suitable alternative home. If he or she refuses to move to that alternative home then we may take court action to recover possession of this property.
9.5
If more than one person qualifies with equal succession rights to become the tenant then the County Court will decide who will succeed to the tenancy.
9.6
For the purposes of the above succession rights, a person who acquires the tenancy following a transfer by way of assignment to a person who would have qualified to succeed to the tenancy if the tenant had died (see Section 9 below) will be considered as a “successor”.
Important notice to all tenants National Fraud Initiative (NFI) This notice informs you that the data held by us in relation to your tenancy may be used for cross system and cross body comparison for the prevention and detection of fraud. This means that the information we hold may be matched with information held by other bodies such as the Department of Work and Pensions and the Council.
assured shorthold tenancy agreement all tenants must sign below after reading this agreement I have been given the opportunity to read and understand the terms and conditions of this tenancy. I understand that I should not sign it unless I am prepared to agree to keep to the terms and conditions. Signature of tenant:
Date:
Signature of tenant:
Date:
Signature of tenant:
Date:
to be completed by North Lincolnshire Homes Staff Print Name:
Signed on behalf of the landlord:
Position:
Tenancy number:
Date: NLH | TA AST 3
registered address
Meridian House, Normanby Road, Scunthorpe, North Lincolnshire, DN15 8QZ
customer centre
15-19 Cole Street, Scunthorpe, North Lincolnshire, DN15 8QZ
telephone 01724 279900 freephone 0800 032 63 63 www.ongo.co.uk/north-lincolnshire-homes