07.02.2014 Views

Assured (non shorthold) Tenancy Agreement - Hounslow Homes

Assured (non shorthold) Tenancy Agreement - Hounslow Homes

Assured (non shorthold) Tenancy Agreement - Hounslow Homes

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>)<br />

<strong>Tenancy</strong> <strong>Agreement</strong><br />

Your agreement with <strong>Hounslow</strong> <strong>Homes</strong><br />

1


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

Translations<br />

If you need this <strong>Tenancy</strong> <strong>Agreement</strong> for assured tenants in another<br />

language or format please contact 020 8583 2299 or minicom 020<br />

8583 3122.<br />

Nese keni nevoje te keni kontraten per banuesit e sigurt (assured tenants) ne gjuhen shqipe<br />

ose ndonje format tjeter, ju lutemi kontaktoni 020 8583 2299 ose minikom 020 8583 3122.<br />

020 8583 2299<br />

<br />

.020 8583 3122<br />

Haddii aad u baahantahay heshiiska degganaanshaha ee dadka deggan guryaha bermanka ah<br />

(<strong>Assured</strong> Tenants)oo afsoomaali ku qoran ama ku daabacan qaab kale fadlan la soo xidhiidh<br />

020 8583 2299ama minicom 020 8583 3122.


Welcome<br />

This is your <strong>Assured</strong> tenancy agreement with <strong>Hounslow</strong> <strong>Homes</strong>. This<br />

agreement sets out your rights and responsibilities as our tenant and<br />

our responsibilities to you as your landlord. <strong>Hounslow</strong> <strong>Homes</strong> was<br />

set up in 2002 to manage and improve housing on behalf of the<br />

London Borough of <strong>Hounslow</strong>. <strong>Hounslow</strong> <strong>Homes</strong> is a not-for-profit<br />

organisation that is owned by the Council.<br />

<strong>Hounslow</strong> <strong>Homes</strong> will manage your home, ensuring that the services<br />

we provide are of a high standard. We expect you to look after your<br />

home and to treat your neighbours in the way that you would like to<br />

be treated. These are reasonable expectations and we will enforce the<br />

terms and conditions of your tenancy agreement if these expectations<br />

are not met.<br />

If we do not meet our responsibilities as outlined in this tenancy<br />

agreement we expect you to tell us; giving us the opportunity to put<br />

things right.<br />

You will receive a tenants handbook which gives you helpful details on<br />

a wide range of topics relating to your tenancy.<br />

3


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

Contents<br />

<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong> 5<br />

Section 1 - General Terms 7<br />

Section 2 - Our Obligations 10<br />

Section 3 - Your Obligations 13<br />

Section 4 - Your Rights 21<br />

Section 5 - Signatories 25<br />

4


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>)<br />

<strong>Tenancy</strong> <strong>Agreement</strong><br />

This tenancy agreement is between<br />

Our name and address<br />

HOUNSLOW HOMES LIMITED<br />

(‘we’ ‘us’ or ‘our’) of St Catherine’s House, 2 Hanworth Road,<br />

Feltham TW13 5AB<br />

and<br />

Name of Tenant(s)<br />

......................................................................................................<br />

......................................................................................................<br />

(‘the Tenant’ or ‘you’) (In the case of joint tenants, the term ‘Tenant’ or<br />

‘you’ applies to each of you and the names of all joint tenants should<br />

be written above. Each Tenant individually has the full responsibilities<br />

and rights set out in this tenancy agreement).<br />

Address<br />

in respect of ...................................................................................<br />

......................................................................................................<br />

................................................................................. (‘your home’)<br />

5


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

Details of the property<br />

Flat/Maisonette/bedsit on the …………….............................. floor<br />

House………………………………………..……………..................<br />

Bungalow………………….............................................................<br />

Other (please specify)………………………....................................<br />

The property has (tick which applies)<br />

Garden Yes No Front Back<br />

Shared Yes No<br />

If shared please state which part………………………....................<br />

Size……………..............................................................................<br />

Boundary……………………..........................................................<br />

Storage shed included with the property Yes No<br />

Shed location and number………………………………..................<br />

Payments for your home<br />

payments for your home at the start of this tenancy are:<br />

(i) the rent £……......... per week<br />

(ii) rent arrears of £……......... payable at £……......... per week<br />

(iii) service charge of £……......... per week<br />

Total weekly payment (“rent charge”) £……......... per week<br />

6


Permitted Number<br />

Under overcrowding legislation, the maximum number of people<br />

allowed to live at your home is …………………..........................<br />

The tenancy<br />

This tenancy begins on ………………………………….................<br />

for a week and thereafter weekly until brought to an end, and it is an<br />

assured <strong>non</strong>-<strong>shorthold</strong> tenancy the terms of which are set out in this<br />

tenancy agreement.<br />

Section 1 - General Terms<br />

It is agreed as follows:<br />

1. Payments for your home<br />

The weekly Rent and service and other charges for your home at<br />

the start of the tenancy are set out in this tenancy.<br />

The payment of Rent and service and other charges is due in<br />

advance on the Monday of each week.<br />

2. Services<br />

We shall provide the services set out in Appendix 2 of this tenancy<br />

for which you shall pay a service charge.<br />

Where we provide services to your home, details of these are<br />

shown in the service charge schedule which you will receive at<br />

the start of your tenancy and which is attached to this tenancy at<br />

Appendix 2. The service charge is what is known as a fixed service<br />

charge and is payable as part of your total rent charge.<br />

We may, after consulting the Tenants affected, increase, add<br />

7


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

to, remove, reduce, or vary the services provided or charges to<br />

the services or introduce new services for which there will be a<br />

charge.<br />

3. Rent arrears<br />

If you have rent or service charge arrears when this tenancy is<br />

granted, you agree to pay off those arrears. If you do not make<br />

the payments to clear the arrears, we may start court proceedings<br />

to end this tenancy.<br />

4. Changes in Rent and service charge<br />

4.1 We may increase your rent on the first Monday in April<br />

following the date on which this tenancy agreement<br />

commences by the Retail Price Index (RPI) plus ½ %. This<br />

means that the rent will go up by the same percentage as<br />

the percentage change in the RPI over the year ending in<br />

September before the April when the increase is made plus a<br />

further ½ %.<br />

4.2 Any subsequent rent increase will be in line with the<br />

provisions of Sections 13 and 14 of the Housing Act 1988.<br />

Section 13 enables us to increase or decrease the rent by<br />

serving you with a notice in the prescribed form giving you<br />

not less than one month’s notice in writing. The notice<br />

shall specify the date when the increase will take effect.<br />

You have the right to refer the notice to a Rent Assessment<br />

Committee to have a market rent determined. In that case<br />

the maximum rent payable for the following year shall be<br />

the rent so determined by the Rent Assessment Committee.<br />

However you do not have the right to refer the notice<br />

of variation to increase or decrease the rent on the first<br />

Monday in April following the date on which this tenancy<br />

agreement commenced. After the first years increase we will<br />

8


increase the rent no more than once every 52 weeks.<br />

4.3 Service of notices<br />

This condition gives you notice under Section 48 of the<br />

Landlord and Tenant Act 1987 that our address for receiving<br />

legal notices, and any other communication arising from this<br />

tenancy agreement, is:<br />

<strong>Hounslow</strong> <strong>Homes</strong> Limited<br />

St Catherine’s House,<br />

2 Hanworth Road<br />

Feltham<br />

TW13 5AB<br />

Any legal notice, or any other communication arising from<br />

this tenancy agreement, shall be validly served on you if<br />

posted or delivered to or left at your home or last known<br />

address.<br />

5. Altering the agreement<br />

Except for any changes in Rent or service charges or where<br />

permitted under future legislation this agreement may be<br />

changed by<br />

• <strong>Agreement</strong> between us and you; or<br />

• By us providing you with written details of the proposed<br />

changes and a statement explaining their effect. We will ask<br />

for your comments and give you a reasonable time to reply,<br />

usually 28 days<br />

• We will consider any comments we receive before making a<br />

decision<br />

• We will then issue a written ‘Notice of Variation; giving you<br />

28 days before the changes take effect.<br />

9


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

Section 2 - Our Obligations<br />

We agree:<br />

1. Possession<br />

To give you vacant possession of your home at the start of the<br />

tenancy.<br />

2. Tenant’s right to occupy<br />

Not to interrupt or interfere with your right to peacefully occupy<br />

your home except where –<br />

• Access is required subject to reasonable notice, to inspect the<br />

condition of your home or<br />

• To carry out repairs or other works to your home or adjoining<br />

property, or<br />

• We are entitled to possession at the end of the tenancy.<br />

3. Repair<br />

We are responsible for:<br />

• Keeping your property in reasonable repair<br />

• Carrying out repairs to the structure of your property<br />

• External Decoration<br />

• Lift Maintenance<br />

• Fixtures and Fittings we have provided<br />

• Maintenance of communal areas<br />

• Repair and condition of facilities, includes play equipment<br />

and lighting<br />

10


4. Succession – general<br />

4.1 If you die, certain people who are specified in the conditions<br />

below may in most cases succeed to this tenancy. This condition<br />

4 will not apply if you have already succeeded to this tenancy<br />

(either under condition 4 in this tenancy or similar succession<br />

conditions in a previous tenancy).<br />

4.2 In certain circumstances, if your home is larger than the<br />

needs of the successor or has been provided or adapted for<br />

an elderly or disabled person and the successor is not elderly<br />

or disabled, the successor will be offered suitable alternative<br />

accommodation.<br />

4.3 People entitled to succeed to this tenancy<br />

i<br />

If you are a joint tenant and you die then the tenancy may<br />

continue in the name of the remaining tenant.<br />

ii If you are not a joint tenant and you die the tenancy may pass<br />

to your wife, husband, civil partner or partner (this includes<br />

same sex couples) provided he or she lived with you in your<br />

home as their principal or only home at the time of your<br />

death.<br />

4.4 Succession other than to spouse or partner<br />

i<br />

If you are not a joint tenant and you do not have a<br />

wife,husband, civil partner or partner (this includes same sex<br />

couples) who lived with you in your home as their principal<br />

or only home immediately prior to your death, the tenancy<br />

may pass to a member of your family who lived with you in<br />

your home (as their principal or only home) for at least twelve<br />

months prior to your death.<br />

11


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

ii If more than one member of your family has a right to the<br />

tenancy they should agree who will claim it. If there is still no<br />

agreement then the Court will have to decide who we will<br />

offer the tenancy to.<br />

iii If inheritance rules do not allow someone who qualifies<br />

undercondition 4.4 i above to take over this tenancy, we may<br />

use Ground 7 to end this tenancy agreement and grant that<br />

person a new tenancy of your home. If your home has been<br />

specially adapted and no one living in your home needs that<br />

adaptation or if your home would be larger than the person<br />

entitled to a new tenancy reasonably requires, we may offer<br />

them a tenancy of a more suitable home owned by us. The<br />

new tenancy will be on the same terms as this tenancy other<br />

than in relation to rent, service charge and succession.<br />

5. Housing Management<br />

To provide you with information on our housing management policies.<br />

6. Insurance<br />

To insure the property (the buildings only, including any fixtures and<br />

fittings provided by us) for such amount and against such risks as we<br />

believe appropriate. However, we will NOT be responsible for insuring<br />

your furniture and personal possessions. We strongly recommend<br />

that you arrange your own home contents insurance.<br />

12


Section 3 - Your Obligations<br />

You agree:<br />

1. Possession<br />

To take possession of your home at the start of the tenancy and<br />

not to part with possession of your home or sub-let the whole of<br />

it.<br />

2. Rent<br />

To pay the Rent and service charge and any other charges weekly<br />

in advance.<br />

3. Outgoings<br />

To meet all outgoings applying to your home including water<br />

charges and electric and other costs whether metered or billed.<br />

4. Use of your home<br />

To use your home for residential purposes as your only or principal<br />

home and not to operate any business at your home without our<br />

written permission which will not be unreasonably withheld or<br />

delayed but may be given subject to reasonable conditions.<br />

You will not display any business or trade signs on or around the<br />

property.<br />

5. Nuisance<br />

Neither to cause, nor to allow members of your household or<br />

visitors to cause, a nuisance or annoyance to other persons in<br />

the Local area or to any of our tenants, agents, employees or<br />

contractors. Where we have provided areas to be used for play<br />

including open spaces, you are responsible for ensuring that<br />

13


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

your, or visiting children do not cause a nuisance in relation to<br />

excessive noise, damage to property or risk to the personal safety<br />

of themselves or others.<br />

6. Racial and other harassment<br />

Neither to commit, nor to allow members of your household<br />

or invited visitors to commit, any harassment, or threat of<br />

harassment, on the grounds of race, colour, religion, sex, sexual<br />

orientation, age or disability that may interfere with the peace<br />

and comfort of, or cause offence to, other persons in the<br />

neighbourhood or to any of our tenants, employees, agents or<br />

contractors.<br />

7. Domestic violence<br />

Not to assault or use threatening behaviour towards your spouse<br />

or civil partner, or former spouse or civil partner or other member<br />

of your household or family whether they are living with you or<br />

not and not to harass them or use mental emotional, financial or<br />

sexual abuse that might be expected to cause anyone who lives<br />

with you to leave your home.<br />

8. Noise<br />

Not to make, or allow any one else to make excessive noise or<br />

cause excessive vibrations at the property. This includes (but is not<br />

limited to) playing or to allow to be played, any radio, television,<br />

musical or other recording or musical instrument, as well as using<br />

power tools and other electrical or similar equipment, in a way<br />

that causes a nuisance or annoyance to other persons in the local<br />

area.<br />

9. Pets<br />

You may keep a domesticated pet(s) e.g. dog (s) or cat(s) as long<br />

as you keep them under strict control and not allow them to<br />

14


cause a nuisance or annoyance to your neighbours other people<br />

in the locality; nor allow them to cause damage to your home and<br />

is subject to the following limitations;<br />

Not to keep a dog(s) should your home be located within a<br />

tower block. For the purposes of this agreement a tower block<br />

is a building of over five floors inclusive of the ground floor but<br />

excluding any sub-ground basement.<br />

Not to keep a dog(s) should the property in which you live be<br />

located within a warden assisted sheltered housing scheme for<br />

elderly persons.<br />

Not to keep more than one dog should the property in which you<br />

live not have a private garden.<br />

Neither to, nor allow any person living at or visiting the property<br />

to let any animal foul the inside of the premises or shared areas<br />

for example passages, footpaths, grassed areas, play areas, lifts or<br />

stairways, laundry or drying areas. You must not let any animal(s)<br />

foul the private gardens of the property so that it becomes a<br />

public health nuisance or annoys neighbours or visitors. You must<br />

repay our reasonable costs of any cleaning or other expenses that<br />

are needed as a result.<br />

10. Firearms<br />

Not to keep, or allow others to keep, or possess within the<br />

property any ammunition, firearm, including but not limited to a<br />

shotgun or air rifle or air pistol. You may only keep a firearm if it is<br />

licensed and/or certified under current or successor legislation and<br />

you first obtain the written permission of <strong>Hounslow</strong> <strong>Homes</strong>.<br />

You and any person living at or visiting the property must not<br />

15


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

discharge a firearm, shotgun, rifle, air rifle or air pistol in, or in the<br />

locality of the property.<br />

11. Repairs and Maintenance<br />

To repair and maintain fences, gates and paths which are your<br />

responsibility.<br />

To keep in reasonable order any garden, shed, patio or balcony<br />

which comes with the property that you have sole use of; not<br />

allowing it to cause a danger or a health and safety risk to anyone<br />

or to obstruct a public right of way.<br />

Not to plant any trees or shrubs in any shared or communal areas.<br />

If your property has its own garden not to plant any tree or shrubs<br />

within 4 meters of the property and 1 meter of a standalone wall<br />

unless it is in a tub or container.<br />

To obtain written permission before cutting down or removing any<br />

trees on the property.<br />

To repair and maintain any fixtures and fittings that you or any<br />

previous tenant have installed.<br />

To be responsible for minor repairs to your home (refer to your<br />

tenants handbook for guidance).<br />

If, for any reason we need to carry out repairs or other works<br />

to the property, the building it is in or the estate it is on and we<br />

cannot reasonably do so while you are living there, you will be<br />

required to move out temporarily. If this happens we will:<br />

• Provide you with alternative temporary accommodation<br />

while we carry out the work.<br />

• Tell you when the work is completed.<br />

16


Once the work is completed you will be required to move out of the<br />

temporary accommodation and return to your permanent home.<br />

12. Internal decoration<br />

You are responsible for decorating the inside of the property;<br />

ensuring that the condition of the property does not pose a<br />

health and safety risk to you, other occupants, our officers or our<br />

contractors (refer to your Tenants handbook for guidance).<br />

You must not hoard or allow to be hoarded any items within the property<br />

or any such items to constitute a health and safety risk or fire hazard.<br />

13. Damage<br />

To repair any damage caused to the property, its fixtures and<br />

fittings, or to any shared areas, either by you, by any other person<br />

living at, or visiting the property. This does not include normal wear<br />

and tear. If you do not carry out these repairs, we may carry out the<br />

work and charge our reasonable costs to you. This will include:<br />

• The cost of any special cleaning that is needed to the<br />

property because you have allowed the property to become<br />

unreasonably dirty or infested.<br />

• Putting right or restoring to their original state any<br />

improvements made to your home which does not meet<br />

with our conditions under Section 4, condition 5,<br />

• Removing graffiti (including sexist or racist graffiti)<br />

• Carrying out repairs caused by any attacks on a neighbour’s<br />

property. We will carry out this work urgently and will give<br />

you 14 days’ notice of any charges to be made.<br />

If you do not pay the charges when due, this amount can be<br />

added to your rent. This will be known as differential rent and will<br />

continue until the balance of the rechargeable repair is cleared.<br />

17


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

You, your household or visitors must not damage or interfere with<br />

in any manner, the Fire and Safety equipment provided in the<br />

building. Where any such damage or interference takes place, we<br />

may charge the reasonable costs for repair or replacement to you.<br />

You, your household or visitors must not keep open, damage or<br />

obstruct in any way communal entrance doors and/or fire doors<br />

within the building. Where such damage occurs, we may charge<br />

our reasonable costs for repair or replacement to you.<br />

14. Reporting Disrepair and Access<br />

To notify us as soon as possible of any damage to the property or<br />

the shared areas or any repairs which are needed for which we are<br />

responsible.<br />

To give us or our contractors access to inspect any damage and<br />

carry out the repairs. We will give you reasonable notice of any<br />

visit (refer to the tenants handbook for guidance). If there is a risk<br />

of injury or serious damage to the property or a neighbouring<br />

property, or to public health, you must give us immediate access.<br />

In cases where we need to gain access to the property in such a<br />

situation, we have the right to do so without giving you notice<br />

although we will try to do so. If we have to force entry we will<br />

make sure that your property is secured on departure.<br />

To give us or our contractor access to inspect, repair, maintain,<br />

remove or install or conduct necessary surveys where we have<br />

decided to retrofit energy saving measures. These include but not<br />

limited to, solar panels, solar heating and insulation. We will give<br />

you reasonable notice of such visits or work.<br />

15. Roadways and vehicles<br />

Not to block local roadways and other vehicular access, and<br />

18


to keep them, and car parking spaces, clear of un-roadworthy<br />

vehicles and other obstructions, nor to repair or maintain vehicles<br />

on any estate road, access road, courtyard, verge or car parking<br />

space with such frequency so as to cause nuisance or annoyance<br />

to others.<br />

16. Liquid or Gas Products<br />

Not to keep, store or use any dangerous or inflammable goods<br />

materials or substances in or around your home, including garage<br />

sheds or communal areas apart from those required for general<br />

household use.<br />

17. Alterations and Improvements<br />

Not to improve or alter your home except in accordance with<br />

condition 5 of Section 4 and to pay any reasonable costs<br />

reasonably incurred by us in carrying out any works to return your<br />

home to its previous state if you undertake any improvements or<br />

alterations in breach of condition 5 of Section 4.<br />

18. Assignment<br />

Not to assign the tenancy except in furtherance of a court order<br />

or with our written consent (which shall not be unreasonably<br />

refused or delayed) when exercising the right to exchange set out<br />

in Section 4, condition 10 or assigning the tenancy to someone<br />

that would have been qualified under Section 2, condition 4 to<br />

succeed to the tenancy if you had died.<br />

19. Overcrowding<br />

Not to allow more than the number of persons shown on page 7<br />

to live at your home.<br />

20. Lodgers<br />

To notify us of any intended lodger and to tell us on request<br />

19


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

of the name, age and sex of the intended lodger and of the<br />

accommodation he or she will occupy (refer to point 18).<br />

21. Sub-letting<br />

Not to grant a sub-tenancy of the whole of your home.<br />

Not to grant a sub-tenancy of any part of your home without<br />

first obtaining our prior written consent (which shall not be<br />

unreasonably refused or delayed). We may give consent subject to<br />

reasonable conditions (refer to point 19).<br />

22. Absence from your home<br />

To inform us, in writing and if possible in advance, if you are or<br />

expect to be absent from your home for 3 months or more.<br />

23. Ending the <strong>Tenancy</strong><br />

To give us at least four week’s notice in writing (ending on<br />

a Sunday) when you wish to end the tenancy. Keys must be<br />

returned to us the next day (i.e. Monday) by 12 noon. Failure to<br />

do this will result in a further week’s rent being charged.<br />

24. Moving out<br />

To leave your home vacant, in a good condition (subject to fair<br />

wear and tear) and to remove all furniture, personal possessions<br />

and rubbish. You will be responsible for meeting all reasonable<br />

removal and/or storage charges where such items are left in your<br />

home. We will remove and store property for a maximum of one<br />

month. We will notify you at your last known address.<br />

If the items are not collected within one month, we may dispose<br />

of the items and you will be liable for the reasonable costs of<br />

storage and disposal. The costs may be deducted from any sale<br />

proceeds and if there are any costs remaining they will remain<br />

your liability.<br />

20


Section 4 - Your Rights<br />

Your have the following rights:<br />

1. Right to occupy<br />

You have the right to occupy your home without interruption or<br />

interference from us for the duration of this tenancy (except for<br />

the obligation contained in this tenancy agreement to give access<br />

to our employees or contractors).<br />

Your right to occupy your home is at risk if you do not comply<br />

with the terms of this tenancy agreement or have proper respect<br />

for the rights of other tenants and other persons in the local area.<br />

2. Tenure<br />

You shall remain an assured tenant so long as you occupy your<br />

home as your only or principal home.<br />

We can end a periodic assured <strong>non</strong>-<strong>shorthold</strong> tenancy only by<br />

obtaining a court order for possession of your home on any of the<br />

grounds listed in Schedule 2 to the Housing Act 1988. Details of<br />

the grounds of possession can be obtained from us.<br />

If we intend to seek possession of your home, we will give you<br />

four weeks’ notice in writing unless:<br />

• We are using grounds 14 or 14A (in relation to when the<br />

notice may be less than 4 weeks; or<br />

• We are using grounds 7, 9 or 16 when we will give 2<br />

months’ notice; or<br />

• The Court has allowed us to go ahead without serving<br />

notice on you.<br />

21


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

The Court will only make an order if we have served on you<br />

a written notice complying with the Housing Act 1988 (as<br />

amended) or the Court considers it just and equitable to dispense<br />

with service of such a notice.<br />

As well as seeking a possession, we can ask the Court for an<br />

injunction, which may include a power of arrest and an exclusion<br />

order to make you comply with or stop breaching any terms of<br />

this tenancy or where you use the dwelling for unlawful use.<br />

We may also apply for an injunction against an individual who<br />

engages in antisocial behaviour.<br />

3. Cessation of assured tenancy<br />

If the tenancy ceases to be an assured tenancy we may end the<br />

tenancy by giving you four weeks’ notice in writing.<br />

4. Right to take in lodgers and sub-let part of your home<br />

You may take in any persons as lodgers as long as you do not<br />

grant a sub-tenancy or exceed the number of people allowed to<br />

live in your home (see Permitted Number page 7). You must tell us<br />

straight away if anyone else comes to live at your home.<br />

As long as you first get our written consent (which we will not<br />

unreasonably refuse or delayed), you may sublet part of your<br />

home. We may give consent subject to reasonable conditions.<br />

5. Right to make improvements<br />

You may make improvements, alterations and additions to<br />

your home including cutting down trees, external decoration<br />

and additions to, or alterations in, our installations, fixtures<br />

and fittings, provided that you have first obtained our written<br />

consent and all other necessary approvals (for example, planning<br />

permission or building regulations approval). We shall not<br />

22


unreasonably withhold or delay our consent but may make<br />

it conditional upon the works being carried out to a certain<br />

standard. Failure to seek our consent or to comply with our<br />

conditions shall be a breach of your obligations under this<br />

tenancy.<br />

6. Compensation for improvements<br />

You have the right to claim compensation for certain<br />

improvements which you have made to your home after a<br />

certain date. You can only apply for compensation when your<br />

tenancy ends. We will give you full details of the scheme and the<br />

qualifying improvements upon request.<br />

7. Right to repair<br />

You have the right to have certain urgent minor repairs done<br />

quickly and at no cost to you where the repair may affect health,<br />

safety or security, and where the repair has not been completed<br />

within a specified timescale. We will give you full details of the<br />

Right to Repair Scheme including a schedule of qualifying repairs<br />

upon request. Under the Right to Repair Scheme, we must pay<br />

you compensation if qualifying repairs are not done within set<br />

timescales.<br />

8. Right to consultation<br />

We will consult you, on matters affecting your home and<br />

your tenancy, before making changes in matters of housing<br />

management or maintenance which are likely to have a<br />

substantial effect on your tenancy.<br />

9. Right to information<br />

You have a right to information from us about the terms of<br />

this tenancy and about our repairing obligations, our policies<br />

and procedures on tenant consultation, housing allocation and<br />

23


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

transfers, and our performance as a landlord.<br />

10. Right to exchange<br />

You have the right to exchange this tenancy by way of assignment<br />

with that of another assured periodic or secure tenant of a<br />

registered housing association or a local authority subject to first<br />

getting our written consent. There are grounds upon which we<br />

can refuse an exchange and we will explain these if we have to<br />

refuse’.<br />

You must not charge any premium in relation to an exchange of<br />

this tenancy.<br />

11. Option to Buy<br />

You have a contractual option to purchase your home. For full<br />

details of the terms and conditions in relation to buying your<br />

home please refer to the document (“Option to Buy – Information<br />

Booklet”).<br />

<strong>Hounslow</strong> <strong>Homes</strong> reserves the right to change the terms and<br />

conditions of this contractual Option to Buy.<br />

12. Complaints<br />

There is a procedure for dealing with complaints raised by you on<br />

any matter arising from this tenancy. We shall provide you with<br />

details of the scheme at the beginning of the tenancy and inform<br />

you of any changes.<br />

If you are still dissatisfied after the complaints procedure has<br />

been exhausted, you have the right to refer the matter to the<br />

Independent Housing Ombudsman.<br />

24


Section 5 - Signatories<br />

Signed on behalf of the landlord:<br />

…………….……………………………………………………............<br />

You have read this agreement, understand and agree to the terms and<br />

conditions set out in this document and where applicable, the handbook.<br />

You understand if you, your household and visitors do not comply with<br />

the obligations of this agreement that legal action can be taken against<br />

you and /or them. This may include applying to the Court for a Possession<br />

Order which may result in you losing the tenancy and everyone living in<br />

the property being evicted.<br />

You agree the information given in any housing application was and still<br />

is true. You understand that if you obtained this tenancy fraudulently we<br />

may get a court order to take possession of the property.<br />

You understand and agree to advise us of any material change in your<br />

circumstances which may affect your ability to pay rent or right to claim<br />

benefits.<br />

You agree that you will tell us as soon as possible if anyone else comes to<br />

live with you at your property or if anyone listed as living at your property<br />

moves away.<br />

I/we have been given an opportunity to read the terms and conditions<br />

of this tenancy agreement. I/we understand that I/we should not sign it<br />

unless I/we are prepared to agree to keep to the terms and conditions.<br />

Signed by the Tenant:<br />

…………….……………………………………………………............<br />

…………………………………………………………………………...<br />

If this is a joint tenancy, each Tenant should sign.<br />

Date: ………………………………………………………………......<br />

25


<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong><br />

APPENDIX<br />

Form of Consent<br />

Relating to the Data Protection Act 1998<br />

I/We understand that you may use the information you hold about me on<br />

our files, so that you can perform your job as my landlord. I understand<br />

that you may pass on this information to the following people:<br />

• <strong>Hounslow</strong> <strong>Homes</strong> employees<br />

• London Borough of <strong>Hounslow</strong> employees<br />

• Contractors working on behalf of <strong>Hounslow</strong> <strong>Homes</strong><br />

Outside <strong>Hounslow</strong> <strong>Homes</strong> Limited:<br />

• The police for the prevention and detection of crime<br />

• To research organisations e.g. to carry out customer surveys<br />

• To social services, the probation service and other similar<br />

agencies<br />

• To your solicitors if you are taking legal action against me or<br />

I am taking legal action against you.<br />

• I/We give you my consent to allow you to process any<br />

personal information that you hold about me. I give my<br />

consent to your passing on this information when you think<br />

it is necessary.<br />

Signed (resident):<br />

…………….…………………………………………………….....................<br />

…………….…………………………………………………….....................<br />

Date: …………………………………………………………..........……......<br />

26


#<br />

The <strong>Tenancy</strong> <strong>Agreement</strong> (2011)<br />

This tenancy agreement is made between:<br />

(name/s of tenant/s)<br />

.................................................................................................................<br />

.................................................................................................................<br />

and <strong>Hounslow</strong> <strong>Homes</strong> Ltd. St. Catherine’s House, 2 Hanworth Road,<br />

Feltham, Middelsex TW13 5AB Date ......................................<br />

This agreement sets out the responsibilities of the tenant/s and<br />

<strong>Hounslow</strong> <strong>Homes</strong> (referred to as ‘we’).<br />

All the tenants living at the property will be responsible for carrying out<br />

the agreement both jointly and as individuals.<br />

<strong>Hounslow</strong> <strong>Homes</strong>’ responsibilities may be carried out by <strong>Hounslow</strong> <strong>Homes</strong><br />

or other persons appointed by us.<br />

<strong>Hounslow</strong> <strong>Homes</strong> agrees to let the property as a weekly tenancy.<br />

The tenancy will start on:<br />

Monday ........................................<br />

The Property<br />

This tenancy agreement covers the property at:<br />

.................................................................................................................<br />

.................................................................................................................<br />

This also includes any garage, parking space or garden that is within<br />

the boundary of the property.<br />

I/We agree to the terms of the <strong>Tenancy</strong> <strong>Agreement</strong><br />

Signed ..........................................Date ....................................................<br />

Signed ..........................................Date ....................................................<br />

The Council agrees to the terms of the <strong>Tenancy</strong> <strong>Agreement</strong><br />

Signed ..........................................Date ....................................................<br />

27


28<br />

<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong>


Notes<br />

29


30<br />

<strong>Assured</strong> (<strong>non</strong> <strong>shorthold</strong>) <strong>Tenancy</strong> <strong>Agreement</strong>


Updated March 2011<br />

<strong>Hounslow</strong> <strong>Homes</strong> Ltd.<br />

Registered Office: St. Catherine’s House, 2 Hanworth Road, Feltham, Middlesex TW13 5AB<br />

Registered in England and Wales - Company No. 4375061<br />

32

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!