West Lancashire

NON – SECURE TENANCY AGREEMENT

Housing Act 1985 Schedule 1 Amended by the Housing Act 1996 Schedule 17

 

PROVISION OF TEMPORARY ACCOMMODATION FOR HOMELESS PERSONS

 

This is a legal contract. It describes the rights and responsibilities of you as a tenant and of West Lancashire Borough Council as landlord. Your Tenant’s Handbook explains more about your rights and responsibilities as a tenant. If you are unsure about anything contained in this agreement, you should refer immediately to

This is an agreement for a weekly tenancy of the property at:

(Which includes any gardens, yards, fences, walls or outbuildings)

 

If there is anything that you do not understand, please ask homelessness caseworker or seek independent advice.

As you are moving into furnished accommodation, you will also be subject to additional provisions which will be provided to you when you sign this agreement.

 

GENERAL INFORMATION

Contact: Homeless team

Tel NO: 01695 577177

 

1.About this Agreement

1.1     You have applied to the Council for advice and assistance under Part V11 Housing Act 1996.

1.2     It appears from the information that you have supplied to the Council that you are homeless, eligible for assistance and have a priority need and the Council has, because of this, accepted a duty to provide you with temporary accommodation whilst it investigates your case further.

1.3    The Council will try to reach a decision in respect of your homelessness application as soon as possible and in the meantime, we will grant you this temporary tenancy.

1.4    Once you have been notified of the Council's decision on your homeless application you will either:

          1.) Be re housed into another accommodation

          2.) Be offered a secure tenancy on this property

          3.) Be given at least 28 days notice to leave the property

1.5    As you have a non – secure tenancy, your rights to occupy may be brought to an end by 28 days notice:

         1.) If you fail to pay rent

         2.) If you break any of the conditions of this tenancy

         3.) Upon the council having notified you of its decision on your homelessness application

1.6   Your occupancy is subject to the terms and conditions set out in this agreement                

 

2.YOUR RENT

2.1      Your rent must be paid on time. It is due in advance on each Monday.

2.2      If you do not pay your rent, we can seek to obtain possession of your property.

2.3      The amount of rent that you pay depends on the type of property that you live in.  As the tenancy is furnished there are service charges for the property. These are detailed on your rent card (see the property inventory for further information)

2.4     You will be responsible for all other charges relating to the property such as Gas, Electricity and Water.

 

3.Looking After Your Home

 

                                   WHAT THE COUNCIL MUST DO

 

3.1      We must keep the structure and exterior of your home in good condition. We will repair                    and maintain:

• Window frames, external doors, drains, gutters, outside pipes
• Kitchen and bathroom fixtures – basins, sinks, toilets, baths
• Electrical wiring and gas and water pipes
• Heating equipment and water heating equipment

             If you live in a block of flats we will repair and maintain any communal areas around your home – stairs, lifts, landings, lighting, entrance halls – but we are under no duty or obligation to do so.

3.2     We are not liable to carry out works or repairs for which you are liable yourself following a breach of your obligations under this agreement. We are not liable to carry out works or repairs which have become necessary owing to your failure to use the property in a tenant like manner.

3.3    Once you have reported to us a defect which we are liable to repair, we will tell you when the repair work is to be completed and we will do such work within a reasonable period of time.

3.4   If we make your property untidy when we do a repair, we will tidy up once the repair is complete.

3.5   We will give you written confirmation of your request for a repair. Keep this confirmation in case you want to make an enquiry later.

3.6   We are not responsible for decorating inside your home.

 

4.Your Rights and Responsibilities

 

4.1   You must not make structural or other alterations to the property. Examples are: Removing internal walls and doors, putting up a garage, carport, shed, pigeon loft, greenhouse or a fence.

4.2   If you make an improvement or alteration to the property, the Council will:

• Tell you to return it too how it was before. If you don't the Council may do the work and require you to pay for it
• Seek possession of the property

4.3   You must keep the property in good condition and free from vermin and use it and the fixtures and fittings responsibly.

4.4   You must keep your garden clean and tidy, and you must not use it for the storage of rubbish, scrap or other unsightly objects. If the garden is overgrown – and there is no good reason for it, we will clear it and recharge you for the work.

4.5   You must report immediately to the Council's repairs call centre, any repairs for which we have a duty to do. Make sure that you get or be sent, written confirmation saying that we have received your request for the repair.

4.6   You must repair or replace parts of the property and/or fixtures where damage has been caused deliberately, or by neglect. This includes damage caused by your family (including children) and other people. If you do not do so we may do any necessary works and recharge you. In certain circumstances where damage has been caused by acts of vandalism by people unknown to you, we may undertake a repair if you have reported the incident to the police.

4.7    You are responsible for doing small repairs such as replacing basin plugs and chains as well as other internal fittings such as curtain rails.

4.8    You are responsible for security to your home including replacement of lost keys or the fitting of additional locks. Please see your housing officer for more information on what repairs you are responsible for.

4.9    You are responsible for repairing and maintaining your own fittings and equipment.

4.10   You must allow council workers sent by us into the property to inspect and carry out repairs and improvements. Never let anyone in without seeing some official identification. (If you are in doubt, contact your Area Housing Officer or the emergency number) If you do not let us in, you could be putting yourselves and your neighbours at risk. If this happens, we can take legal action to enter your home and you may have to pay the costs.

4.11     In a property with a communal area you must keep that area in a clean and tidy condition and free from obstruction.

4.12     You must not keep mopeds or motorbikes inside your home or in communal areas (entrance halls, landings and stairs) without our written permission.

4.13      Where your home is served by a communal aerial you must not without the permission of the Council, erect a satellite dish, radio aerial or TV aerial. Please as your housing officer for details.

4.14      You must not erect an external C.B. aerial or such other receiving or transmitting equipment without our written consent.

Please check with your housing officer if you are in any doubt.

 

5.You and your Neighbours

 

Everyone in West Lancashire has the right to live their life in the way in which they want. From time to time however, the way in which some people live their lives upsets their neighbours causing considerable distress and in some cases fear.

 

We want all residents of West Lancashire to have a good relationship with each other. We do however, recognize the problems that could arise. This section below sets out certain things that you must not do whilst living in your property. If everyone follows these rules, then West Lancashire will be a much more peaceful and pleasant place to live. This is not to say though that we expect people to complain to us every time their neighbours for example, argue or slam doors. We recognise that this is part of everyday life, a good neighbour will tolerate and understand the different lifestyles of others.

We will, however, treat any reports of people causing harassment or causing a persistent nuisance, annoyance or disturbance to their neighbours in whatever fashion, very seriously. If we believe that action should be taken through the courts to prevent this happening, then we will do so. We will also seek to evict you from your home in instances where we believe this is the best option to enable your neighbours to live free from such matters.

Everyone has responsibilities to their neighbours. This section sets out these responsibilities.

 

 

TENANT RESPONSIBILITIES

 

5.1        You are responsible for the behaviour of every person (including children) living or visiting your home. You are responsible for them in your home, on surrounding land, in communal areas and in the neighbourhood around your home.

5.2        You and they must not cause a nuisance, annoyance or disturbance to any other person. Examples include:

• Loud Music
• Door Slamming
• Arguing
• Dog barking and fouling
• Offensive drunkenness

5.3        You and they must not harass any other person including Council workers and persons sent by the Council. Examples of harassment include:

• Racist behaviour
• Using/threatening to use violence
• Damaging another person's home or possessions
• Writing threatening, abusive or insulting graffiti
• Doing anything that interferes with the peace and comfort of others

5.4         You, and they, must not use your home or any communal area for illegal activity, such as selling or using drugs, the sale of and/or storage of stolen property or any dangerous or immoral activity.

5.5        You and they, must not damage, deface or put graffiti on Council property. You will have to pay for the cost of putting right any such damage and we may also seek possession of the property.

5.6        You and they, must not interfere with security and safety equipment in communal blocks – doors should not be jammed open, and strangers must not be let in without identification.

5.7        You and they, must not co operate with Council workers and other people sent by the Council in dealing with your tenancy and this agreement

5.8        You and they, must not cause or threaten violence, harassment or emotional, mental or sexual abuse which may result in someone who lives with you wanting to leave home.

5.9        You must not keep a dog if you live in a flat, bed sit or maisonette. This does not include registered 'guide' dogs for the blind or registered 'hearing' dogs for the deaf.

5.10      If your property has the use of a communal garden, you must ensure that you hygienically dispose of any fouling in that garden caused by any pet that you own.

5.11      You must not keep any pet that deem unsuitable for your home. If you are in any doubt at all, please ask your housing officer. Your pets must be kept under control and must not cause a nuisance, annoyance or disturbance to any other person. Dogs must not be allowed to continually bark or howl or to roam without proper supervision.

5.12      You must not use your home for the commercial breeding of animals. You must co operate with us and your neighbours to keep any communal areas clean, tidy and clear of obstruction.

5.13        You must not run a business from your home, you must not repair vehicles that belong to anyone not living in your home.

5.14        You must not park a vehicle on your property except on the hard standing. You must not park a caravan, motor home, boat, trailer or any large vehicle anywhere within the boundaries of your home, on a communal area or any communal parking areas, without our agreement in writing. This only applies to areas of land owned by the Council – Your area housing officer will advise you as to which land the Council owns. You and your visitor must not park anywhere that would obstruct the emergency services.

5.15      You must not do major repairs or park an illegal unroadworthy vehicle on the land around your home or on the road outside.

5.16      You must not construct a hard standing without the Council's written permission.

5.17      You must not keep or use paraffin, petrol or any other dangerous material in your home or in communal areas. In certain circumstances you may with our written permission keep and use bottled gas – please check with your housing officer.

 

COUNCIL'S RESPONSIBILITIES

 

5.18       We shall give you help and advice if you report nuisance and harassment. We will look into your complaints, and we will inform you in writing what action we will take.

 

6.Using Your Home

 

6.1           You must not take in lodgers. A lodger is someone who lives in your home but does not have exclusive right to any one part of it. They will get some sort of service from you such as cooking or cleaning.

6.2          You must not overcrowd the property

6.3          You must not assign, underlet or part with possession of the property or any part of it.

 

 

7.When your tenancy ends

 

7.1          You must leave the property, the fixtures and any furnishings we have provided in good condition when you go. Do not leave any of your belongings behind – if you do, we will dispose of them and charge you for doing so. This includes any bags of rubbish that you leave behind.

7.2          You must pay for repair or replacement if damage has been caused deliberately or by your own neglect. You will not have to pay for normal wear and tear. If you have made alterations and have not returned the home the way it was before, we may do so and charge you for this.

7.3          You must not leave anybody else in your home when you move out. If you, do you may be liable for rent until we get possession.

 

8.Notices

 

8.1        Any notice required to be given by the Council shall be in writing under the hand of its officer or agent and any notice to the tenant in respect of the property, including Notice to Quit, shall be sufficiently served if left at the property or sent by pre-paid post to the tenant at the property.

8.2       Notice under Section 48 of the landlord and Tenant Act 1987 Notices to the Council should be in writing and any notice (Including notice in proceedings) may be served on the Council at  142 The Concourse, SKELMERSDALE, Lancashire.