Assured (non shorthold) Tenancy Agreement - Hounslow Homes
Assured (non shorthold) Tenancy Agreement - Hounslow Homes
Assured (non shorthold) Tenancy Agreement - Hounslow Homes
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<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 />
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<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 />
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<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 />
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<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 />
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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 />
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<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 />
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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 />
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<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 />
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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 />
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<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 />
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<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 />
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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 />
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<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 />
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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 />
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<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 />
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<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 />
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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 />
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<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 />
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#<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 />
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