Here are the answers to some questions that might spring to mind when you are reading about the proposed changes to the tenancy agreement. If you can’t find the answer to the question you are looking for here and need some more information or advice please email tenancyagreement@yhn.org.uk. Paying for your home Will I lose my rent free weeks with the new tenancy agreement? The Council are proposing to collect rent and service charges over 52/53 weeks, instead of over 49 weeks which is the way we collect rent at the moment. In reality you pay the ‘rent free’ weeks upfront over the rest of the year. On average each customer pays £5.46 per week on top of their actual rent. The table below highlights how much you would be short on your housing allowance when claiming Universal Credit compared to the amount of rent you owe; April - December 52 Week Payable Model
April - December: 49 Week Payable Model
Period
Apr-Nov (34 wks.)
Annual Rent Charge (based on average rent of (£89.96)
£4,643
Housing Allowance Received
£3,036
Payable Rent owed
£3,221
The amount that you would have to make up out of your own money
£186
Period
AprNov (34 wks.)
Annual Rent Charge (based on average rent of (£89.96)
Housing Allowance Received
Payable Rent owed
£4,643
£3,036
£3,036
The amount that you would have to make up out of your own money
£0
If you want to keep making an overpayment to keep your ‘free weeks’ we are happy for you to do this as long as you have enough credit on your account to cover your rent. You can take your ‘rent free’ week when you choose to do so. The Council are changing this because we want our 1
tenants to have a choice. Why are you taking away the rent free months? With the introduction of Universal Credit across the city and paid on a monthly basis, switching to 52/53 week rent payment will make things easier for you because you will get the right amount of housing allowance to cover your rent each month. This will help you keep your rent account up to date and help you budget. To clarify however the Council are not taking away the rent ‘free’ weeks. If you still wish to make an overpayment on your rent account each week to keep your rent ‘free’ weeks tenants can choose to do this as long as their rent account is in credit and they have enough to cover the payment break without going into arrears. By introducing the 52 week payment cycle the Council are giving tenants the choice to either pay a little less rent per week over 52 weeks (on average £5.46) or pay a little extra to enable them to take pre-paid weeks. Will I be able to choose what day my tenancy starts on? Currently tenancies can only start on a Monday. The Council want to offer more flexibility for tenants by starting tenancies on any day of the week. This means that you can move in as soon as you sign the tenancy agreement. Do I have to start paying my rent in advance? I pay in arrears and have never had a problem doing it this way The clause regarding paying your rent in advance every week has always been in the tenancy agreement and this is not proposed to be change. Whilst the tenancy agreement states that if you pay monthly this should be in advance we currently allow monthly direct debit payers to pay in arrears providing their account is clear by year end and there are no immediate plans to change this. Do I need to start paying the council for my water and heating? No, this clause only applies to some of our properties that have district and group heating or where a property does not have a single water meter. You only need to pay this service charge if you do so at the moment, the reason we have added this into the tenancy agreement is so that we can use the contract to recover arrears if we need to.
Absence from your home
Solar Panels
Why have you added this in? The Council have added this in to help prevent against housing fraud as tenants can only have a Council tenancy if it is their primary home. The Council also need to know if tenants are going to be away from their home for long periods of time in case of emergencies and any circumstances
Why have you added this in to the tenancy agreement? The Council have installed solar panels in a number of properties and so now need the tenancy agreement to reflect the expectations and responsibilities of tenants who have solar panels. 2
where they may need to quickly, without notice, access your home. It is also to ensure that you know what your responsibilities are when leaving your home for a period of time.
Can a tenant add their own solar panels to a property that they rent? A tenant would not be able to install their own solar panels as they do not own the property. Solar panels can only be added to a home by the Council. How does it work in terms of the solar panels and the amount of electricity tenants pay? Tenants who have solar panels on their home would pay less for their electricity as they benefit from the electricity generated by the solar panels.
Communal Areas
Looking after your garden
Hasn’t this always been in the tenancy agreement? Whilst some reference is made to responsibilities of tenants with access to communal areas across the existing agreement, the Council want to bring these responsibilities together in one place to make it stronger.
Why have you added lots of information about gardens into the agreement? The Council want to make the tenancy agreement stronger in relation to garden maintenance as the wider neighbourhood environment has a great impact about on how tenants feel about where they live.
What happens when the other person/s won’t do their fair share and the upkeep falls solely to me – what can I do about it? You can discuss this with your local YHN Tenancy and Estates Officer if this issues arises who will work with you to resolve this.
What can I do about my neighbour’s messy garden? You can report this to your local YHN Tenancy and Estates Officer who will investigate and take appropriate action to ensure the garden is tidy and meets the requirements of the tenancy agreement.
What do I do when people leave things like bikes and prams in the communal area and block peoples’ way? We have emphasised tenant’s responsibilities in the new clause in relation to Health and Safety. The new agreement will provide the Council with a stronger tool to deal with tenants that do not comply.
What support is offered to tenants to maintain gardens if they are unable to do so, as there is strong emphasis in the proposed changes to keep gardens tidy? Yes you are right the proposed changes do strengthen the agreement and make it a better tool for YHN to use if we need to enforce, however we do acknowledge that some of our tenants may need support. YHN have a service called Garden Care which offers one off jobs as well as an annual maintenance programme, you can contact them by. There are also other organisations that can help people for example, SSAFA for exmilitary personnel, Age UK.
People who jam communal doors open – what can I do about that? You can let us know via your local YHN Tenancy and Estates Officer if this issue arises who will work with you to resolve this.
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Domestic Violence
Shared Access
Hasn’t this always been in the tenancy agreement? The Council have expanded this section to include other types of domestic abuse and widen the geographical area where the abuse takes place. This will let the Council take action against tenants who are perpetrators.
Why have you added this in? Though reference is made to access to shared areas in the current tenancy agreement, introducing a separate clause enables the Council to emphasise this responsibility and minimize occasions when access is refused.
How far is the geographical area talked about? Each case regarding domestic violence will continue to be looked at on a case by case basis individually looking at the circumstances. The new clause states that you do not have to live at the same address strengthening the clause and providing the Council with a tool to act more often against perpetrators when necessary. The Council see this as a positive change.
Will you tell me if you need access? Yes, you would be given reasonable notice that access is required.
Fixed Term Tenancies
Data Protection
What is a fixed term tenancy? The Government have introduced fixed term tenancy for new tenancies only. Fixed term tenancies have not come into force yet but they will be referenced in the new tenancy agreement once further detail is known.
When would share my information with utility companies? When a tenant terminates their tenancy and has not paid their final bill the utility company may contact the landlord to pursue the debt. At this point we may share a forwarding address, but please be rest assured that any information we share will be within the remit if the data protection act.
General Questions Why is the Council consulting on the tenancy agreement? By law the Council must tell their tenants about changes they intend to make to its tenancy agreement. The Council must consult with tenants and allow a 28 day period for tenants to have an opportunity to give their views on the proposed changes. What is the letter I’ve received in the post all about? Every tenant will have received in the post a letter and accompanying documents telling them all about the proposed changes. Every tenant will receive a letter called a Preliminary Notice, a document detailing all the clauses within the tenancy agreement that are changing and a feedback form where each tenant can write down their views and give that back to the Council. If you need any help reading the form and completing the feedback please call Your Homes Newcastle on 0191 278 8600. 4
When will the changes happen? The new tenancy is due to be in place by next April (2018) Will I have to re-sign my tenancy agreement? No you won’t have to re-sign your tenancy agreement once the changes are making. We will write to you to confirm what changes have been made. What happens if people don’t want these changes? Newcastle City Council and Your Homes Newcastle will review all the feedback that we get from customers and will considerer this prior to agreeing the final changes. This is why is really important that you complete your feedback form whether you complete it manually or compete it online so that your views are counted and looked at. Will the tenancy changes affect my Right to Buy application? No this process and changes to the tenancy agreement will not affect anyone’s RTB application in any way. Will I find out that feedback you have had from people and what changes if any you have made as a result? Yes you will, we will review all the feedback that we get from customers and let people know what we have done with that feedback via our website. How long have I got to give my feedback? The deadline for feedback is Monday 24th July.
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