Secure Tenancy Agreement

 

 

Contents

Page

1.

Introduction

6

2.

Definitions

7-8

3.

Our Responsibilities to You

 

3.1

Your Rights as an Introductory Tenant

9

3.2

Succession

9

3.3

Assignment

10

3.4

Repairs

10

3.5

Consultation

11

3.6

Information

11

4.

Your Additional Rights as a Secure Tenant

 

4.1

Lodgers

12

4.2

Sublet

13

4.3

Buy

13

4.4

Exchange

14

4.5

Improve

14

5.

Responsibilities for both Introductory & Secure Tenants 

 

5.1

False Statement & Tenancy Fraud

15

5.2

Paying your Rent

15-16

5.3

Looking after your Property

16-19

5.4

Making Improvements to your Property

19-20

5.5

Communal Areas

20-21

5.6

Vehicles

21-22

5.7

Insurance

22

5.8

Keeping your Property clean

22-23

5.9

Access to Your Home

23-24

5.10

Our Staff

25

5.11

You and your neighbours

25-26

5.12

Anti-Social Behaviour

27

5.13

Domestic Abuse

27

5.14

Illegal Drugs

28

5.15

Animals

28-29

5.16

Additional Structures

29

5.17

Additional responsibilities for those living in Independent Living Homes

29-30

6.

Ending your Tenancy

31-32

7.

Acceptance

33

8.

What Happens if we do not keep to this Agreement

33-34

9.

How we handle your data

34

10.

Contact Information

 

Schedule 1

 

Schedule 2

 

Schedule 3

35

 

36

 

37

 

38-39

 

 

 

 

 

1.      Introduction

 

1.1 This Tenancy Agreement is a legally binding contract. It sets out the rights and responsibilities of both West Lancashire Borough Council (WLBC) and you, the tenant. By signing this Agreement, you agree to become our Tenant and to comply with its terms.

1.2If there is anything within this Agreement that you do not understand please contact your Housing Officer, a solicitor, Shelter or Citizens Advice. If you require the Agreement in another format, for example large print, please contact your Housing Officer. You will usually meet your Housing Officer to sign this Agreement, and they will give you their contact details.

1.3 It is important you understand that if you break any terms of this Agreement then we may take you to Court, which could result in you losing your home.

1.4 You will be responsible for any breach of these Tenancy conditions by members of your household, including you, your family, any other people living in The Property, any adult family members, other adults, children under 18 years old, lodgers, sub-tenants and visitors to The Property whether inside The Property or within the locality of the Property..

1.5 Any legal Notice to be given by WLBC shall be in writing and be considered sufficiently served:

(i) if hand delivered or sent by post to The Property.

(ii) if handed to you or an adult member of your family who resides with you at The Property;

(iii) if affixed to the front door or another prominent part of The Property;

(iv) by email if you have agreed with us we can serve a notice in this way; and/or

(v) if sent by post to another address we know that you are staying at.

 

We may choose which method of service to use.

 

  1. 6 Any Notices served by you on WLBC must be in writing and delivered to: West Lancashire Borough Council, 52 Derby Street, Ormskirk, West Lancashire, L39 2DF, or such other address that WLBC may notify you of, from time-to-time. This statement is made in accordance with Section 48 of the Landlord and Tenant Act 1987

 

  1. 7 Unless specifically stated, the information in this Agreement applies whether you have an Introductory Tenancy or a Secure Tenancy.

 

  1. 8 You have the right to live in The Property, we will not interfere with your quiet enjoyment of The Property during the Tenancy, if you comply with the terms of this Tenancy Agreement.

 

  1. 9 A person who is not a party to this Agreement is not intended to have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement.

 

  1. 10 It is your responsibility to ensure that we have your up-to-date contact details. We will contact you by various methods using the contact details that we have on record that you have provided. This will support us to deliver Tenancy related services and to provide you with relevant information through a range of methods.

 

  1. 11 You must tell your Housing Officer if you will be away from The Property for more than six weeks.

        1.12 You must confirm to us on entering this Agreement the details of everyone permanently living at The Property and notify us within seven days if anyone subsequently moves in or out.  You also agree to inform us immediately upon the death of any person who has a right to reside within The Property.

        1.13 You agree that you must not at any time during this tenancy be entitled to occupy other accommodation which is reasonably suitable for your occupation and would be reasonable for you to occupy. You agree to tell us immediately if you are the owner, leaseholder or tenant of another property.

 

 

 

2.Definitions

It is important you understand this Agreement and the rights and responsibilities you have under it before you sign. Throughout the Agreement we use the following terms which you need to be familiar with: -

We, Us, Our, Landlord

West Lancashire Borough Council, WLBC.

You, Your

The tenant, joint tenants named on this Tenancy Agreement.

Tenant

Applies to both single and joint tenants equally. If the Tenancy is a joint Tenancy, then you are both jointly and individually responsible for complying with all the obligations of this Tenancy Agreement.

Tenancy Agreement, Agreement

A legally binding Agreement, which sets out the rights and responsibilities of both the Tenant and Landlord.

Tenants Handbook

An information document which gives more detail on how we manage your Tenancy and useful advice on a range of issues.

Notice

Legal notification in respect of this Agreement   

Communal or Shared Areas

Refers to any building or area which you are entitled or permitted to use in connection with The Property in common with tenants or occupiers of other properties. This includes for example any shared driveway.

The dwelling

The home rented to you under this Agreement, excluding gardens, yards and outbuildings.

The Property or Your Home

The home rented to you under this Agreement,  including gardens, yards, walls or outbuildings (as applicable).

Working day

Any day WLBC buildings are open to the public.

Neighbourhood

The whole of the estate or area The Property is in, including privately owned or housing association properties.

Neighbours

Your neighbours include everyone living in the local area, including people who own their homes, Our tenants, tenants of other landlords and their families and visitors.

Service Charge

A service charge is a charge made by us towards the costs of providing and maintaining services and benefits to tenants beyond the occupation of the dwelling.  Examples of services which might lead to a service charge include but are not restricted to furniture, heating and caretaking services.

Recharge

The monies that will be charged to you if we decide to or need to put something right that is your responsibility under the terms of your Tenancy Agreement.  You will need to repay the cost of any associated works to us.

 

Our Responsibilities to You

3.     Your Rights as an Introductory Tenant

 

3.1(a)  Your Introductory Tenancy will automatically become a Secure Tenancy after one year unless you break any of the conditions of this Agreement during that time and the Introductory Tenancy is legally terminated. If you do not keep to these conditions, we may extend the introductory period by a further six months or take steps to end the Tenancy. Before we take either of these actions, we will give you a formal Notice and our reasons for our actions. 

3.1(b)  As an Introductory Tenant you will have limited rights and, if there are problems, it is easier for us to end your Tenancy. You will have the right to ask for a review of our decision to give you a Notice to end your Tenancy. You must ask for a review in writing within 14 days of the date you received the Notice. You should contact us for more information about this.

 

3.1(c) During the introductory period of your Tenancy, you have fewer rights than during the Secure Tenancy. The following rights apply to both Introductory and Secure Tenants.

 

3.2       Your right to pass on your Tenancy following death (known as Succession)

 

3.2(a)  If you are a joint tenant, on your death any surviving tenant will keep the Tenancy. If the surviving tenant does not occupy the property as their only or principal home, we will take steps to end the tenancy.

 

3.2(b)  If you are a sole tenant and you die, your Tenancy can pass to your husband, wife, civil partner, or cohabiting partner provided they were living with you at the property as their only or principal home at the time of your death, unless there has been a previous succession. For Introductory tenancies, cohabiting partners will also have to show that they lived with you for the 12 months preceding your death.

 

If your secure Tenancy started prior to 1st April 2012 and for introductory tenancies, if there is no eligible spouse or civil partner, another family member who has resided with you in the property as their only or principal home throughout the previous 12 months may be able to succeed to the Tenancy, provided there has been no previous succession to the tenancy. Family members are defined by s.113 Housing Act 1985 and include your partner, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

 

3.2(c) The person who takes over your Tenancy on succession becomes an introductory or secure tenant depending on the status of your tenancy at the time of your death.

 

The above examples are called 'succession', this can only happen once, if you succeeded to the Tenancy then the Tenancy cannot be passed on again. You can find more information on this in your Tenant's Handbook

 

 

3.3      Your right to assign your Tenancy to someone whilst you are alive

 

3.3(a)  You may be able to transfer your Tenancy to someone whilst you are alive, this is called assignment. You may be able to assign your tenancy in the following ways, with our consent:

            (i) following an order of the court, in matrimonial or family proceedings;

            (ii) to someone who qualifies to succeed to the tenancy if you died;

            (iii) by carrying out a mutual exchange for which you must get our permission. This   does not apply while you have an Introductory Tenancy. 

 

 

3.4      Your right to repairs

 

3.4(a) We are responsible for keeping the structure and exterior of the dwelling of the property in repair. We must also make sure that the installations within the dwelling of the property for the supply of water, gas, electricity, sanitation and heating are kept in repair and proper working order.

 

3.4(b)  This obligation arises under Section 11 of the Landlord and Tenant Act 1985 (or any subsequent legislation). The description provided here does not extend or alter our legal responsibilities under that Act. We will carry out repairs as required by law. We will repair:

 

  • drains, gutters, outside pipes of the dwelling
  • Kitchen and bathroom fixtures e.g. basins, sinks, toilets, baths
  • Electrical wiring and gas and water pipes in and to the dwelling
  • Heating equipment and water-heating equipment in the dwelling

 

3.4(c) If you live in a block of flats, we must keep in repair and proper working order any communal areas around your home such as stairs, lifts, landings, lighting and entrance halls, if the enjoyment of your home or such areas is affected.

 

3.4(d) In some cases, you have a legal ‘right to repair’ which means you may be able to get compensation if certain repairs are not completed on time.

 

Further information on this section can be found in your Tenant's Handbook.

 

3.4 (e) We shall not be required to:

(i) carry out any works or repairs to the Property for which you are liable by virtue of this agreement;

(ii) keep in repair or maintain anything in the Property which you are entitled to remove from the Property;

(iii) carry out works or repairs to the Property for which you are liable by virtue of your duty to use the Property in a tenant-like manner, or would be so liable but for an express covenant on your part; or

(iv) rebuild or reinstate the Property in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident. 

 

3.5      Your right to be consulted

 

3.5(a) You have the right to be consulted and fully informed about any change to your Tenancy Agreement and conditions, and any other changes to the way we manage our housing service if it is likely to substantially affect your Tenancy.

 

3.5(b)  We will ask your views about any proposals to change the Tenancy Agreement. We may change the terms of the Tenancy by serving a Notice of Variation on you. 

3.5(c)   We must ask your views about any proposals that substantially affect you in respect of housing management. An example would be if we were to undertake a modernisation programme to your home.

3.5(d) Although we do not have to consult with you about increases or decreases to the rent or any service charges, we will tell you in writing at least four weeks before any rent change takes place. If the nature of the services we are charging you for changes, we will consult with you first.

 

3.6         Your right to information

3.6(a) We must give you a Tenancy Agreement and information on your rights, this document is that Agreement and sets out your rights and responsibilities.  We also provide a Tenant's Handbook which contains more detailed information. We publish our performance figures and policies on our website and produce an Annual Report. If you are unable to access the information you need, please contact us. 

3.6(b)  The Data Protection Act 2018 (as amended) and UK General Data Protection Regulations (UK GDPR) give you the right to look at information we hold about you.  We will comply with all data protection law and Schedule 3 sets out your agreement with us in relation to using your personal data. In certain circumstances, you will not be able to see everything, for example details about other tenants.  We will give you a copy of this information upon request, but you may have to pay an administration fee.

 

4.     Your Additional Rights as a Secure Tenant

This section applies whether you have either been issued with a Secure Tenancy straight away or if you have successfully completed your 12 months as an Introductory tenant. As a Secure Tenant, you will have the following extra rights which do not apply to Introductory Tenants.

 

4.1      Your right to exchange properties with another tenant

           

4.1(a)  You have the right, during the Secure Tenancy but not during the Introductory Tenancy, to swap your home with another tenant of this Council, any other Council, or other social landlords such as housing associations.  You must apply for written permission from us before exchanging. There are certain conditions which must be met before permission is granted.

 

4.1(b)  If an exchange takes place without our written agreement, we may take legal action to recover possession of your home. In some instances, you may not be allowed to return to your original home and may not be offered alternative housing.

 

4.1(c)  If you or your predecessor, who is a member of your family and lives in your home, either gave or received money in connection with an exchange of Tenancy we may seek to recover possession of your home.

 

4.1(d) There are certain circumstances where permission to undertake an exchange or transfer may be refused or granted conditionally. These may include but are not limited to, the following examples

 

  • You must not owe any rent. If you do owe rent, we may give our consent on the condition that you clear the debt. Full payment of any outstanding arrears would be needed before an exchange can take place.
  • Where one of the homes is too large for the needs of the household moving in (also referred to as 'under-occupied')
  • Where one of the homes is too small to meet the needs of the household moving in (also referred to as 'over-crowded')
  • Legal action is being taken to gain possession of any of the homes involved
  • In the case of a property that has been adapted for elderly or disabled people or people requiring special facilities e.g. independent living accommodation the household moving in do not require those aids or adaptations and/or facility provided

 

4.1(e)  If you have made improvements or alterations without our written agreement, we may ask you to return the home to the way it was before at your own cost and ensuring that any damage is rectified prior to consent being granted or as part of a conditional consent.

 

 

            Further information on exchanges can be found in your Tenant's Handbook.

 

4.2       Your right to improve Your Home

 

4.2(a)   You have the right to make certain improvements and alterations to your home, for example, fitting a new kitchen, new bathroom or painting outside.  You must get our written permission before you carry out any work, which may be conditional. You must also carry out the work within the guidelines we give you. You agree to carry out the safe repair and maintenance of any improvements or alterations you have done at the property, unless we have agreed in writing to do this ourselves.   

4.2 (b) If any conditions impose on consents are not met, our permission may be withdrawn, and you may have to reinstate the property to its original condition.

4.2 (c) You must get any other necessary approvals (for example, planning permission and appropriate public liability insurance) before you do this work.

4.2 (d) Any gas appliances must only be installed by a qualified Gas Safe registered engineer (or any other gas safety body that may be appointed) and you must be able to provide us with written documentation as proof on demand.

4.2 (e) Any CCTV or Doorbell type camera or surveillance may only be affixed to external parts of the property with our prior written consent. Any camera field of vision shall be restricted as far as possible to providing security to the property and not focused on other properties or communal areas.   We may ask for cameras to be removed if we consider their siting is intrusive to others.

You can find more information about tenant improvements in your Tenant's Handbook.

 

4.3       Your right to take in lodgers

 

4.3(a)  You may take in lodgers during the Secure Tenancy as long as this does not cause overcrowding. A lodger is someone who lives in your home but doesn’t have exclusive right to any one part of it. If you take in a lodger, you must tell us their name and date of birth, and if you receive any means tested benefits you must tell the agency that pays it to you straight away. You must not charge any lodger/s more than the total of the rent you pay to us.

           

4.3(b) You are responsible for the behaviour of every person living in or visiting your home, this will include those lodging with you and those visiting them.

 

4.3 (c) You agree to ask a lodger to leave your home if we ask you to do so. We will only do this if we reasonably believe they are or have been responsible for anti-social behaviour at the property or another property, have engaged in criminal behaviour at or in the locality of the property, or have otherwise engaged in behaviour that would amount to a breach of your tenancy.

 

 

4.4      No right to sub-let the property

 

4.4(a)  You must not sub-let any part or the whole of the property at any time. You must not use the whole or any part of the property as a holiday let, Airbnb, or B&B.

 

4.4(b) You are responsible for the behaviour of every person living in or visiting your home, this will include those lodging with you and those visiting them.

 

 

4.5      Your right to buy

 

4.5(a)  You may have the right to buy your home. However, the Right to Buy Scheme does not apply to some properties, including independent living accommodation, properties which have been significantly adapted for the use of disabled people and accommodation for elderly people. 

 

Further information on this can be found in your Tenant's Handbook

 

 

5.   Your Responsibilities as a Tenant

This section applies to both Introductory and Secure Tenancies.

 

5. 1     False Statement & Tenancy Fraud

 

5.1(a)  We may prosecute you if you part with possession of The Property or sublet the whole of it as provided for by the Prevention of Social Housing Fraud Act 2013. We may also take steps to end the tenancy if you have lost security of tenure by parting with possession or sub-letting the whole of the property.

 

5.1(b) You agree that, to the best of your knowledge, the information you have provided to us, in agreeing to the terms of this Tenancy, is true. You will have broken the terms of this Tenancy Agreement if you have obtained this Property by deception, if you live elsewhere, have another Tenancy, have an undisclosed interest in any Property elsewhere, have claimed succession rights to which you are not entitled, sub-let the property or unlawfully swapped properties without our consent.

 

5.1(c) Deception includes providing false information of any kind, not providing a full account of your or any other person’s circumstances or encouraging others to do the same.

 

5.2         Rent

 

5.2(a)  Your rent, service charges and any other payments due such as furnished tenancy charges are due in advance on Monday of each week (unless a different day is stated on page 3 of this Agreement, where you will find a breakdown of all the charges that make up your total weekly rent) and you must pay them on time. If you wish to pay your rent over longer periods, for example, monthly, then you must pay your rent monthly in advance. There are occasional 'non-collection' weeks where no rent is due. Where there is rent owing, called 'arrears', you are required to continue to make payments during the 'non-collection' weeks to reduce the debt.

 

5.2(b)  If you have any difficulty paying your rent, you should contact us immediately. We will be able to offer you specialist money advice, which is confidential and will consider all the debts you have and not just those you have with WLBC. You may also, depending on your circumstances, be able to get assistance in paying your rent. Further information on this can be found in your Tenant's Handbooks.

 

5.2(c)   The amount of rent you pay depends on the type of Property you live in. If there are any service charges for The Property, these will be listed on page 3 of this Agreement.

 

5.2(d)  Joint tenants are each responsible for making sure that the rent is paid in full; this is known legally as 'jointly and severally liable'. This means that we can recover all rent owing for The Property arising from the date of this Agreement until the time this Tenancy is properly ended by either tenant. Joint tenants are liable separately and jointly together. This means that irrespective of any private agreement as to how the amounts due are paid between the joint tenants both tenants always remain liable for the full amount of any monies due under the tenancy agreement.

 

5.2(e)  The rent and/or service charges may be increased or decreased from time to time. We will give you 28 days' Notice in writing before any changes are made to the amount you pay.  

 

5.2(f)   If we owe you any money, such as compensation (for example, for something we have not done) we may first deduct from this any money you owe to WLBC e.g. rent arrears or any other charges before paying the balance to you. You may alternatively choose to ask for the balance to be paid against your rent account to show as a credit.

 

5.3          Looking after your Property

         

5.3(a)  In accordance with Clause 3.4 above, we are generally responsible for the following repairs:

  • The outside of the dwelling (e.g. structure, roof, window frames, external doors);
  • Water services to the dwelling (e.g. tanks, cylinders, piping, taps and fittings (not including re-washering), re-washering of stopcocks and ball valves, Sanitary installation, Basin, sink and bath (and shower if provided by WLBC), Toilet pan and cistern, Communal soil and waste pipes in flats);
  • Electrical installation to the dwelling (e.g. fuse box/consumer unit and wiring, switches, lighting and power points, Appliances provided by WLBC (unless listed in the tenants' responsibilities or we have gifted them to you).
  • Gas installations to the dwelling (e.g. piping and outlets from the gas meter to the appliance points; Appliances provided by WLBC (unless listed in the tenants' responsibilities).
  • Air source heat pumps, electric, gas or solid fuel heating system to the dwelling (all equipment, unless listed in the tenants' responsibilities).
  • External decoration of the dwelling (this is carried out by WLBC as part of a programme, not on request by tenants).
  • Maintenance of communal areas of the main block such as stairwells, grassed areas etc
  • Miscellaneous internal items in the dwelling (e.g. kitchen units unless provided by the tenant (this excludes worktops, doors and drawers).
  • Miscellaneous external items of the dwelling (e.g. UPVC doors, windows and fittings, all guttering and rainwater pipes, clothes posts or rotary dryers in communal area)
  • Solar panels that we have installed

 

5.3(b)  You must report any repairs to us as soon as you become aware of them, regardless of how they have arisen. We have an out of hours repair service in the event of an emergency, further details on this can be found in your Tenant's Handbook.  

 

5.3(c) Once you have reported a defect to us which we are liable to repair, we will tell you as soon as reasonably practicable when the repair work is to be completed. We will do such work within our repair priority timeframes and in line with legislation.

 

5.3(d)  You must allow access to WLBC and its contractors or agents for inspection, repairs, improvements and any other works to the property and any adjoining property, and for any safety checks (including annual gas inspections and cyclical electrical inspections) with reasonable written notice being provided to you apart from cases of emergency. If we have to force access, we will repair any damage caused by forcing access. However, if we have had to force access because of something you have done or failed to do, you agree to pay our reasonable costs of repairing the damage caused by forced access.

 

            Where access is refused, WLBC may go to Court to seek permission to force access your property and/or an order requiring you to provide access. If such action is required, you will be required to pay the corresponding legal fees and associated costs.  

 

5.3(e)  You must repair or replace parts of The Property and/or fixtures where damage has been caused deliberately (smashed windows or broken doors for example), or by neglect (not reporting a leaking pipe for example). This includes damage by your family (including children) and other people/visitors. If you do not do so, we may, in our discretion, complete any necessary works and recharge you for it. In certain circumstances where damage has been caused through acts of vandalism, by people unknown to you, we may undertake a repair if you have reported the incident to the police and have been given a crime reference number.

 

5.3(f)   You must keep The Property in good condition, free from vermin, rubbish, and excess belongings and furniture. You must responsibly use the Property, fixtures, fittings and any furniture or furnishings provided as set out in the inventory.  You must not remove any fixtures, fittings or furniture or furnishings from the property. You must pay for any damage caused by failing to properly use or damaging fixtures, furniture, furnishings or appliances. This includes but is not limited to tampering with gas or electricity meters and leaving water running.

 

5.3(g) You must keep your garden clean and tidy, for example, by cutting the lawn and trimming the hedges. You must not use the gardens for the storage of rubbish, scrap or other unsightly objects. If the garden is overgrown and/or untidy, you will be in breach of your Tenancy, and we may take further action against you. We might be able to help you if you are vulnerable.

 

5.3(h) You are responsible for maintaining all parts of your garden, including trees, all fences, gates, hedges and boundary walls. We may require you to reduce the height of any trees or shrubs that are impacting on the use, light and enjoyment of surrounding properties.  You must not add any wall or carry out any landscaping works without our prior permission.

 

5.3(i)   We will not normally routinely maintain a tree in the garden of your home unless the tree is dangerous or causing disrepair to a dwelling.

 

5.3(j)   You must not plant a tree close to your home that will impact the foundations of The Property, drainage or utility services. You should also ensure nothing is constructed, erected, or grown at The Property to overshadow any solar panel systems.  We do not allow new leylandii trees to be planted. You must maintain any tree or large shrub planted by you to ensure it is not a risk to person or property.

 

5.3(k)  You are responsible for ensuring any loft space is accessible and not used for storage or as a sleeping space. We may require access to all parts of the loft for reasons such as fire safety, to carry out service and maintenance works to plumbing and heating services, to gain access to ventilated soffits, and to allow the installation and maintenance of insulation and/or ventilation

 

5.3(l)   You are responsible for decorating inside your home. If you are vulnerable, a voluntary organisation may be able to help you. Your Housing Officer may be able to signpost you to relevant organisations.  

 

 

5.3(m) You are responsible for doing minor repairs, such as but not limited to:-

  • Decorating the inside of your home (including floor coverings).
  • Replacing keys or the fitting of additional locks.
  • Repairing any equipment, fixtures, or fittings you provided or fitted yourself (unless we have agreed in writing to take responsibility for them).
  • Unblocking plug holes on baths, sinks and wash hand basins.
  • Repairing any damage caused by you or anyone living with or visiting you, including to glass in windows and doors.
  • Replacing fuses and plugs.
  • Maintaining your garden, including lawns, plants, bushes, and trees.
  • Replacing television aerials and satellite dishes.
  • Replacing toilet seats, plugs and chains on baths, sinks and wash hand basins
  • Repairing any damage caused by someone gaining access to your home with a warrant
  • Replacing light bulbs
  • Repairing or replacing fencing
  • Repairing and maintaining your own equipment such as cookers or washing machines
  • Repairing or replacing driveways which you have altered or installed

 

If you are vulnerable, we may, in certain circumstances, complete some small repairs for you. Further information on this can be found in your Tenant's Handbook.

 

5.3(n)  You must ensure the Property is adequately heated and ventilated, this includes ensuring items fitted to promote air flow are unobstructed, trickle vents are used in windows, extractor fans are used within areas such as the kitchen and bathroom and that tumble driers are properly installed. Clothes must not be dried inside the property other than by a means where excess moisture is extracted from the property. You should wipe down and remove excess condensation.

 

5.3(o)  You must take good care of any equipment, fixtures, furniture and furnishings (if any) installed by us in The Property.   The equipment, furniture and furnishings must not be removed from The Property. We will require access to any electrical items supplied by us to complete portable appliance testing in line with legislation.

 

5.3(p)  You may be required to move to another property temporarily, if we need to complete major repair or refurbishment works to your home which would make it unsafe for you to remain. We will provide you with a suitable alternative accommodation whilst the work takes place. We call this a 'decant'. You must cooperate fully with the decanting process, if you do not agree to a reasonable decanting request, we may take action to force a decant or end this tenancy.

 

Further information on this section can be found in your Tenant's Handbook

 

 

5.4      Improvement to your home

 

5.4(a)  You must get our written permission to make any alterations or improvements, to your home. Introductory tenants do not have any rights to make improvements during the course of the introductory tenancy.

 

            Alterations and improvements include but are not limited to:

 

  • Any proposed structural changes such as removing internal walls and doors
  • Erecting a porch, garage or carport
  • Installing any flooring that cannot easily be lifted i.e. laminate wooden flooring. We will never give consent for hard flooring in rooms above ground floor.
  • Installing wall panelling
  • Erecting a greenhouse, shed, summer room or other garden buildings or fence
  • Creating off road parking
  • Installing solar panels
  • Alterations or improvements to kitchens, bathrooms and showers
  • Alterations or additions to the existing electrical system
  • Alterations or additions to the existing gas supply, boiler, flues or any gas fired appliance supplied and maintained by WLBC
  • Alterations or additions to the existing mains water supply
  • Installation of an electric vehicle charge point
  • Internal door replacement
  • Creation of patio or decked areas and pathways within the garden
  • Installation any device which allows heating or other services within your home to be controlled remotely.
  • Installation of CCTV
  • Installation of a camera-doorbell if your front door opens into an enclosed communal area

 

5.4(b) If you make any alterations such as the examples in section 5.4(a), you will be fully responsible for the repairs, servicing, and ongoing maintenance of them from the point of installation. This includes all costs, for example for parts, labour, or specialist services required to maintain or restore the alteration.

 

5.4(c)  Once permission has been granted by WLBC, you must ensure that all electric or gas appliances for example, ovens, hobs and fires, are installed by a competent qualified tradespersons and certification must be provided to WLBC on completion of the works.

 

5.4(d) If you make an improvement or alteration to The Property without our written permission we may:

 

  • Tell you to return it to the way it was before at your own cost. If you don’t, WLBC may do the work, and you will be recharged;
  • Seek an order from the court compelling you to remove the unauthorised works
  • Seek possession of The Property
  • Refuse to agree to a request by you to exchange The Property with another tenant
  • Refuse to agree to a request by you to transfer to another Property
  • Increase the price of The Property should you wish to purchase it under the Right to Buy scheme

 

5.4(e)  You should note that if we are required to repair or replace pipes or cables within The Property, we will not be responsible for replacing or repairing any flooring installed by you unless this was done with our written permission.

 

5.4(f)    You may, with our written permission, install an electric vehicle (EV) charge point on The Property, at your own cost, if you have a private dedicated parking space on The Property. Charge points must be installed on the exterior of The Property and not within an open exterior cover (e.g. porch) or inside The Property. You will be fully responsible for all costs, liabilities, and ongoing maintenance associated with the installation and operation of the charge point.

 

5.4(g)  Once permission has been granted to install an EV Charger, you must then provide WLBC with an Electrical Installation Certificate that has been issued and signed by a registered competent person.

 

 

5.5       Communal Areas

 

5.5(a)  If your Property has the use of a communal garden, you must ensure that you do not store or dispose of any personal belongings, household items or refuse in this area.

 

5.5(b)  You must not interfere with security and safety equipment in communal blocks or activate fire alarms other than in case of emergency. Where a door entry system is fitted, doors should not be jammed open, and strangers should not be given access without identification.

 

5.5(c)  You must not appoint any contractors to undertake any works, for example, installation of broadband services within the communal area, communal landings and staircases without our written permission.

 

5.5(d)  You must not drill holes in walls that may compromise the fire safety of your home. Any doors fitted by us meet fire regulations and you should not install additional peep holes or any other door furniture without our written permission. If works take place without our permission, we will recharge you for any costs in putting this right.  

5.5(e) If you notice any damage or concerns with your fire door, you must report this to us immediately. This requirement is in line with the Fire Safety (England) Regulations 2022. Further information on fire safety responsibilities can be found in the Tenant Handbook.

5.5(f)   Where your home is served by a communal aerial, you must not erect a satellite dish, radio aerial or TV aerial unless you have our written permission.

 

5.5(g)  You must not erect an external Citizens Band (CB) aerial or other such receiving or transmitting equipment without our written consent.

 

5.5(h)  You must co-operate with us, and your neighbours to keep any communal areas clean, tidy and clear of obstruction or combustible items. We may remove any items stored in communal areas that make the building more vulnerable to fire, or breach fire safety regulations.

 

5.5(i)   You must not use a barbeque, fire-pit or similar within any enclosed communal areas. Items with lithium batteries should not be stored within communal areas.

 

 

Further information on this section can be found in your Tenant's Handbook.

 

5.6      Vehicles

 

5.6(a)  You must not keep or charge motorised vehicles such as mopeds, e-bikes, scooters, mobility scooters, quad bikes or motorbikes (or similar items) inside your Property or within communal areas (such as entrance halls, stairs, landings, drying areas and storage cupboards) due to fire safety concerns. If you live in a Property with communal areas such as Independent Living Schemes, you must obtain our written permission before storing a mobility scooter or similar items. 

 

5.6(b)  You must not run a business from your home without our prior written agreement and relevant planning permission.

 

5.6(c) You must not repair vehicles that belong to anyone not living in your home without our written permission and, in any case, the carrying out of such repairs must not cause a nuisance or annoyance to your neighbours.

 

 5.6(d) You must not park a vehicle on your Property except on the ‘hard standing’ (a driveway or paved area constructed and intended for parking) or in designated communal parking areas.

 

5.6(e) You must not park or position a caravan, motor home, boat or trailer anywhere within the boundaries of your home, on a communal area or on any communal parking areas without our written agreement. This only applies to areas of land owned by us, your Housing Officer will advise you as to which land we own.

 

5.6(f)   You and your visitors must not park in a way that would obstruct emergency services and must not park excessive numbers of vehicles in the locality of the property such that it causes or is likely to cause a nuisance or annoyance to others living and working in the locality.

 

5.6(g) Cars, mopeds, motorbikes and other vehicles must be kept in designated parking areas only. Any vehicle parked on our land must be roadworthy, taxed and insured. We reserve the right to dispose of any such vehicle left on our land after 28 days, or sooner if it is dangerous, and recharge you for our costs in doing so. If you need to store a vehicle that is declared as SORN on our land you must first get our written permission. 

 

5.6(h)  You must not carry out major car repairs or park an illegal or un-roadworthy vehicle on the driveway or garden of your home or on the land around your home.  

 

5.7       Insurance

 

5.7(a)  Our insurance only covers the structure of The Property.  You are responsible for arranging your own insurance for the contents of your home and items stored in any garden shed, garage or similar structure. You are required to take out your own insurance for your furniture, carpets and other household and personal belongings.  You can find more information about this in your Tenant's Handbook. 

5.7(b)  If you store oxygen in your home for medical reasons, you must let your Housing Officer or Scheme Manager Officer know. You must ensure it is always stored safety and used in accordance with the reason it was provided.

5.8      Keeping your home clean

 

5.8(a)  You, anyone living with you (including children) or anyone visiting your home must not use The Property in a manner which is likely to cause a health and safety hazard or a fire hazard.

 

5.8(b)  You, anyone living with you (including children) or anyone visiting your home must not encourage vermin and/or pests by hoarding items inappropriately, or behave in a way that encourages or allows pests or vermin into your home, garden, shared areas, parking areas, walkways, paths, grass verges or any land we own which is for the public to enjoy or cause any other nuisance.

 

5.8(c)  You are responsible for making sure any infestation within your home, not caused by us, is treated as soon as you become aware of it. If you report this to the Council's Pest Control service, the cost of some treatments may be reduced if you receive certain benefits. However, if a charge is to be made to treat infestation, you are responsible for the costs of any treatment needed.

 

5.8(d) If you do not treat an infestation in your home as soon as you become aware of it and as a result it causes damage to your home or spreads into any shared areas we manage, you may be responsible for our costs for any corresponding treatment needed.

 

5.8(e) You, and anyone living with you, are responsible for making sure you have and use the correct bins and waste containers, in line with the local arrangements for your area. You must make sure that your household waste, including recyclable or garden waste, is put out for collection regularly and in line with the local arrangements for your area.

 

5.8(f)   If your property has shared communal areas, you must keep that area in a clean and tidy condition and free from obstruction and personal belongings.

 

5.8(g)  You cannot dispose of household waste in such a way that would cause pollution or harm to people’s health. This includes burning it. You can dispose of some household or garden waste by composting or recycling it. You could be fined if you light a fire and allow the smoke to drift across the road and become a danger to traffic.

 

5.8(h) If your property has shared communal areas, you must keep that area in a clean and tidy condition and free from obstruction.

 

5.9       Access to your home

 

5.9(a)  You must allow our staff, contractors or agents access to The Property for the purposes of:-

  • Inspecting the condition of The Property;
  • Carrying out repairs, maintenance, improvements or other works to the Property or any adjoining property;
  • Complying with legal obligations relating to housing standards or safety including but not limited to electrical testing and asbestos surveys.

 

5.9(b)  You must also allow access to our staff, contractors or agents to carry out annual gas servicing inspections which will take place at least once in any rolling 12-month period. An appointment date will be sent to you in advance, and you will be given the opportunity to rearrange the appointment, if necessary. If you refuse access to your home to complete gas servicing, you will be in breach of your Tenancy Agreement, and we will take legal action to gain access and/or possession of your home. If successful, we may claim any legal costs incurred directly from you.

 

5.9(c)  You must also allow access to our staff, contractors or agents to carry out other checks to ensure your Home remains safe, this may include but is not limited to:-

  • 5 yearly electrical installation safety checks
  • Inspections to detect the presence of asbestos (where applicable, if any intrusive works are to be carried out within your home, we may need to undertake an asbestos survey
  • Damp and mould inspections
  • Where applicable, for a thorough inspection and maintenance check on the stairlift / through-floor lift / ceiling hoist installed in your home

 

If you refuse access to your home to complete these checks, you will be in breach of your Tenancy Agreement, and we will take legal action to gain access and/or possession of your home. If successful, we will claim any legal costs incurred directly from you.

 

 

5.9(d) At times we may need to erect scaffolding in your garden to be able to undertake work on a neighbouring Property. You are required to allow access to our staff, agents and contractors for this.

 

5.9(e)  You must make sure all parts of your home are accessible so that when our employees, contractors or agents come to carry out repairs, servicing, improvements or similar work, the area in which they are working is clear and clean. This may mean you need to move furniture or other items before we arrive. If you need assistance with this, please contact your Housing Officer.

 

5.9(f)   You must allow us access to your home for the purpose of conducting a Tenancy audit, this will involve a visual inspection of all rooms within The Property.

 

5.9(g) If we arrive for a scheduled appointment to complete a repair, inspection or any other works you must ensure someone over the age of 18 is present.

 

5.9(h)  If you fail to allow reasonable access as required under this Agreement, this may constitute a breach of your Tenancy. In such cases, We may seek legal remedies, including but not limited to an injunction compelling you to provide access and/or allow us to force access or possession of the Property. We will also recover directly from you any costs incurred because of your refusal to allow entry.

5.9(i)   In the event of an emergency (including but not limited to fire, flood, or risk to life or property), WLBC, its staff, contractors or agents may enter The Property without prior notice.

 

 

 

 

5.10    Our Staff

5.10(a)            You, your family, lodgers, visitors to your home or anyone acting on your behalf must not harass, or be violent, threatening, intimidating or aggressive towards our employees, contractors, agents or elected Members at any time and at any location. This includes sending or making offensive comments or calls by any means, posting threatening, abusive or insulting comments online, or naming or posting photographs of our employees, contractors, agents or elected Members on social media or encouraging any other person to do so.

 

5.10(b)            If you continue to be abusive to our employees, contractors, agents or elected Members we may:  limit the ways in which you can contact us, reduce the service we are able to offer you, and/or take legal action against you. If successful, we will claim any legal costs directly from you.

 

5.10(c)            Whilst our employees, contractors or agents are in your home, you are required to refrain from smoking or vaping in the room they are working in.

 

5.10(d)            You are required to keep all animals or pets in a secure room when any of our employees, contractors, agents or emergency services visit The Property. If your animal or pet causes a nuisance to any employees, contractors, agents or anyone else, we will ask you to remove it from The Property.

 

5.11                You and your neighbours

5.11(a)            All tenants must be considerate towards their neighbours and tolerate the different lifestyles of others. Whilst we are unable to deal with complaints about neighbours occasionally arguing or slamming doors, we will treat any reports of people harassing or causing persistent nuisance, annoyance or disturbance to their neighbours (known as anti-social behaviour) very seriously. If you are the perpetrator of anti-social behaviour, we may take action through the courts. Such action may include but is not limited to WLBC evicting you from your home, to prevent further disturbance. Further information regarding anti-social behaviour and your responsibilities can be found in section 5.12 of this Agreement.

 

5.11(b)           You are responsible for the behaviour of every person (including children) living in or visiting your home. You are responsible for them in your home, on surrounding land, in communal areas (stairs, lifts, landings, entrance halls, paving, shared gardens, parking areas) and in the locality around your home.

 

5.11(c)            You and anyone living with you or visiting your home must not harass any other person.

 

Examples of harassment include but are not limited to:-

  • Harassment committed against a person for any reason, including because of their age, sex, race, religion, disability, marital status, ;
  • Using or threatening to use violence.
  • Using abusive or insulting words or behaviour.
  • Damaging or threatening to damage another person’s home or belongings.
  • Writing threatening, abusive or insulting graffiti.
  • Doing anything deliberately that interferes with the peace, comfort or convenience of other people.
  • Posting threatening, abusive or insulting comments online or on social media

 

5.11(d)            You, anyone living with you, and any visitors to your home must not damage, deface, or apply graffiti to The Property or any part of it. If such damage occurs, you will be responsible for the full cost of repairs or restoration. In serious cases, we may also take legal action which can include but is not limited to seeking possession of The Property.

 

5.11(e)            You must not keep any weapons at The Property without holding the appropriate licence and obtaining our prior written permission. This includes, but is not limited to, firearms, swords, machetes, and other bladed or potentially harmful items. If permission is granted, you must store all weapons securely in accordance with legal requirements and any specific conditions we set. Any item capable of causing injury must be kept in a safe and secure manner to prevent risk to others.

5.11(f)            You, anyone living with you (including children), and any visitors to your home must comply with all emergency restrictions, public health legislation, or guidance issued by relevant authorities. You must not deliberately provoke, encourage, or assist any person in breaching such restrictions. Failure to comply may result in enforcement action, including potential legal proceedings.

                       

5.11(g)           Barbeques, firepits and similar must not be used inside, or within any structure on, your Property and should only be used outside.  Use of such items is only permitted if it does not cause nuisance, annoyance or disturbance to others.  

 

5.11(h)           You must not keep or use paraffin bottled gas (except where permitted), or any other hazardous or flammable substances in The Property or in communal areas. In certain circumstances, you may be allowed to store and use bottled gas, but only with our prior written permission. Please check with your Housing Officer in respect of this. Further information can also be found in your Tenant's Handbook.

 

 

 

5.12                      Anti-Social Behaviour

 

5.12(a)            You, anyone living with you (including children) or anyone visiting your home must not behave in an anti-social way at or in the locality of your property:-

 

This may include but is not limited to:-

  • Playing loud music or having loud parties that people can hear outside your home.
  • Other noise that can cause nuisance or distress such as banging, screaming and shouting.
  • Using airguns and fake guns
  • dumping rubbish, littering and fly-tipping
  • Allowing waste to build up in or around your Property
  • Vandalism or damaging Property
  • Spraying or writing graffiti
  • Throwing objects out of windows or off balconies
  • Allowing excessive dog barking or noise from other pets, not collecting dog or other animal mess or not controlling your pets

 

5.12(b)      You and anyone living with you must not commit a criminal offence in or in the locality of the property. Serious convictions, as defined by Schedule 2A of the Housing Act 1985 will likely to result in mandatory possession proceedings being brought.  

 

5.12(c)      You, anyone living with you (including children), and any visitors must not use The Property or the surrounding area for any illegal or criminal activity. This includes but is not limited to:- prostitution, the possession, use, production, or supply of illegal drugs; and the handling, selling, or storage of stolen goods.

 

5.12(d)      You, anyone living with you (including children) or any visitors to The Property must not make false or malicious complaints about the behaviour of another person or encourage someone else to do so.

 

5.12(e)     You, anyone living with you (including children) or any visitors to The Property must not deliberately provoke or encourage another person to behave in a way that would break the law or a condition of their Tenancy Agreement, or the Tenancy Agreement of the person they live with.

 

5.13    Domestic Abuse

 

You or anyone living with or visiting you must not perpetrate any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality.  This can include but is not limited to the following types of domestic abuse: psychological, physical, sexual, financial and emotional.  This also includes so called honour-based violence, female genital mutilation and forced marriage.

We have a number of options for dealing with people responsible for domestic abuse, which may include legal action.  Domestic abuse can lead to action by us even when there is no criminal charge.

 

5.14                Illegal Drugs

 

5.14(a)            You must not use or allow The Property or any communal area to be used for any activity involving illegal drugs. This includes, but is not limited to, the production, cultivation, possession, storage, use, sale, supply, or distribution of controlled substances as defined under the Misuse of Drugs Act 1971. You are also responsible for ensuring that your visitors or any other persons under your control do not engage in such activities on or near the premises.

 

5.14(b)            You must not keep or allow to be kept within The Property any illegal drugs or any equipment, materials, or paraphernalia associated with the misuse, manufacture, or distribution of illegal drugs. This includes items intended for the preparation, consumption, or concealment of controlled substances.

 

5.15                Animals

 

5.15(a)            You must obtain our written permission before keeping any pet or pets in your home. We will not unreasonably withhold permission but may be subject to any reasonable additional conditions that we may attach to the permission. You must not keep, or allow to be kept, any animal that WLBC reasonably considers unsuitable for The Property. You must comply with WLBC's Pet Policy which sets out restrictions on pet ownership based on property type and location. You must not keep any dog listed under the Dangerous Dogs Act 1991 (as amended), unless it is registered on the Index of Exempt Dogs, nor any animal prohibited under the Dangerous Wild Animals Act 1976 (as amended) or any other applicable legislation.

 

5.15(b)           You are responsible for ensuring that any pet kept at The Property is properly cared for, supervised, well-behaved, and does not cause nuisance, annoyance, or disturbance to neighbours or others. This includes, but is not limited to:

  • Preventing excessive barking, howling, or roaming.
  • Keeping dogs on a lead in communal or public areas.
  • Ensuring prompt and hygienic disposal of animal waste both inside and outside The Property.
  • Maintaining cleanliness and preventing infestations such as fleas or mites.

 

 

5.15(c)            You must not use The Property for the commercial breeding, sale or advertisement of animals. This includes operating any business involving animals or allowing others to do so from The Property.

 

5.15 (d)          We may withdraw our consent for any pet on reasonable grounds by giving you 1 week’s written notice, including but not limited to where we believe the pet is not being cared for properly, is causing excessive wear and tear on or to the property or is causing or likely to cause a nuisance or annoyance to others.

 

Further information on this section can be found in your Tenant's Handbook

 

 

5.16                Additional Structures

 

5.16(a)            You should not erect or install any outbuildings, sheds, garages, or other additional external structures within the boundary of The Property without our written permission. If you do so, we may remove, alter, or demolish any such structures without your permission. This includes (but is not limited to) the removal of any associated internal or external fittings or installations, such as toilets, sinks, baths, showers, plumbing fixtures, electrical fittings, shelving, or storage units. We will recharge you for any costs associated with this.

 

5.16(b)            We may remove or alter any fixtures or fittings within or attached to the main Property or any outhouses where such action is necessary for maintenance, safety, redevelopment or other operational reasons. Examples of such fixtures include, but are not limited to, bathroom suites (toilets, basins, baths, showers), kitchen units, worktops, cupboards, and any associated plumbing or electrical installations. Where an authorised additional structure or fixture is deemed uneconomical to repair, we reserve the right to remove it entirely rather than carry out repairs.

 

5.16(c)            Except in cases of emergency, we will provide you with a minimum of 28 days’ written notice prior to carrying out removal or demolition of any additional structures. In emergency situations, we may act immediately and notify you as soon as practicable thereafter.

 

5.16(d)            You will not be entitled to any compensation or reimbursement for the removal or demolition of any outbuildings, sheds, garages, other additional external structures or fixtures unless otherwise required by law.

 

5.16(e)            You are required to co-operate with us in providing access to The Property for the purposes of carrying out such works and to promptly remove any personal belongings from the affected areas upon request.

 

5.17                Additional Responsibilities for those living in Independent Living homes

 

5.17(a)           Our Scheme Managers provide other services, such as regular visits and calls to ensure your safety and wellbeing. You are expected to co-operate in this process.

 

5.17(b)            You must provide us with up-to-date emergency contact details and notify us promptly of any changes. These details will only be used in the event of an emergency or where we have serious concerns about your welfare.

 

5.17(c)            You must provide us with up-to-date medical information and notify us promptly of any changes. Your Scheme Manager will discuss with you what action to take in case of fire or other evacuations, based on your personal circumstances.

 

5.17(d)            You must obtain our written permission before keeping a pet at The Property.

 

5.17(e)            You must not keep any personal belongings in the communal areas including but not limited to doormats, picture frames, potted plants.

 

5.17(f)            You must not allow access to the scheme to anyone other than your own visitors. You are responsible for the conduct of your visitors at all times. Children under the age of 16 must be accompanied by a responsible adult whilst in communal areas.

 

5.17(g)            You must not park in areas designated for emergency services or obstruct access for emergency vehicles at any time.

 

5.17(h)           For safety reasons, you must not charge electrical items in any communal areas of the scheme.

 

5.17(i)             You must not store wheelchairs (electrical or manual) or any walking aids in the communal areas, except in designated storage spaces where provided.

 

5.14(j)             You must not allow anyone under the age of 55 to reside in The Property.

 

5.14(k)            In independent living accommodation we will install, maintain and routinely test door entry systems, speech alarm and fire detection equipment.  Where possible, we will provide advance notice of any testing or maintenance. You are responsible for ensuring that access to relevant areas is not obstructed during these times.

 

5.14 (l)            In the event of an emergency, we may require immediate access to your property without prior notice to ensure your safety and the safety of others. You are expected to co-operate fully with staff and emergency services during fire drills, alarm activations, or any other emergency procedures, including evacuating the building promptly when instructed.

 

6.            Ending your Tenancy

 

6.1       You may end this Tenancy by giving us at least four weeks written notice specifying a date on which the tenancy will end. This date must be a Sunday. If you have a joint tenancy, either tenant may end the tenancy in the same way.  You must pay your rent until the end of the proper notice period even if you vacate the property earlier.

 

6.2       If you have a joint tenancy and one tenant gives notice to end the tenancy, whether with or without the knowledge or consent of the other joint tenant, the tenancy will end for both tenants. The remaining tenant does not have an automatic right to stay in The Property. However, they may request to remain in the accommodation, and we will consider the request to grant a new tenancy at our discretion, subject to eligibility and suitability assessments.

 

6. 3     You must return all keys including access fobs, window keys and meter keys to us by 10.00am on the next working day after your tenancy ends. If you fail to return all keys, we reserve the right to continue charging you rent until the keys are returned or the locks are changed, whichever is sooner. You may also be charged for the cost of replacing any lost or unreturned keys, fobs, or locks as necessary.

 

6. 4     You must leave The Property, including all fixtures, and any furnishings we have provided, in good condition when your Tenancy ends. This includes any improvements or alterations that you have made with our written permission. You are responsible for ensuring The Property is clean and free from rubbish, including inside cupboards, appliances, and communal areas you have used. You must not leave any personal belongings behind.  Any items left at The Property, regardless of size or value (including bags of rubbish) will be disposed of, and you may be recharged for the cost of removal, cleaning and disposal.  

 

6.5      During your notice period, we may need access to The Property to inspect for any works that many be needed whilst it is empty, or to identify any recharges and give you the chance to sort these out yourself.

 

6.6       You must pay for the repair or replacement of any damage caused deliberately or through your own neglect. You will not be charged for reasonable wear and tear. If you have made improvements or alterations without our written consent and you have not returned The Property to its original condition, we may do so and charge you for the cost. Prior to any transfer to another of our properties, we will inspect and advise you in writing as to the extent of any repairs, replacements or cleaning you must complete before the move is approved.

 

6.7       You must not leave anybody else residing in your home when you move out. If you do, you will remain liable to pay rent until we regain legal possession of The Property.

 

6.8      If you are transferring to another of our properties, you will remain liable to pay rent for both properties until you move into the new property. If you have not moved into the new property within 28 days of the tenancy start date, we may take steps to end that tenancy.

 

6.9       To bring your Secure Tenancy to an end, we must obtain a possession order from the Court. We may rely on any of the grounds for possession as set out in the Housing Act 1985 (as amended). You can find out more about these grounds here Housing Act 1985.

 

6.10    During the Introductory Tenancy period, we cannot bring your tenancy to an end without first obtaining a possession order from the Court. This process is carried out under the Housing Act 1996 (as amended). Please note that the Courts have very limited reasons to refuse our request for possession if we follow the correct legal steps. As such, it is important you do not break the terms of this Agreement.

 

6.11   In most cases, we must apply to court to end your tenancy.  However, there are certain situations where we can end it by giving you four weeks’ written notice (a Notice to Quit').

 

            This applies if:

 

  • You stop living in The Property as your only or main (principal) home. If you have a joint tenancy, this applies if both tenants stop living there.
  • You sub-let The Property or part with possession of it.

If you’re unsure about your rights or need help, please contact us or seek advice from Shelter, a solicitor, Citizens Advice, or a housing support service.

 

6.12    If you pass away during your tenancy and you are the sole tenant, and no one is eligible to take over the Tenancy, (as explained in section 3.2 of this Agreement), we will end the tenancy by giving four weeks’ written notice.

 

            This notice will be:

  • Addressed to your Personal Representatives (the people legally responsible for your estate).
  • Delivered by post or by hand to The Property.
  • A copy will also be sent to the Public Trustee, in line with legal requirements if required.

Your Personal Representatives will be responsible for managing your estate, including clearing The Property and settling any outstanding rent from your estate.

If your family or representatives have any questions or need support, they should contact us as soon as possible.

 

            Further information on this can be found in your Tenant's Handbook.

 

8.         What happens if we do not keep to this agreement

8.1         We aim to provide you with a high-quality service and will respond to your comments or complaints as quickly as possible.

8.2         If you have a complaint, comment or compliment about our service, please contact our Business Support team either via our website or in writing at:

West Lancashire Borough Council
52 Derby Street
Ormskirk
L39 2DF

8.3         If, after going through our complaint's procedure, you are not happy with our response, you can ask the Housing Ombudsman Service to carry out an independent investigation.  You can contact them at:

Housing Ombudsman Service
PO Box 1484
Unit D
Preston
PR2 0ET

By Phone:     0300 111 3000 

Website:        www.housing-ombudsman.org.uk

Email:             info@housing-ombudsman.org.uk

 

8.4         For independent advice about your rights, you can contact Shelter, Citizens Advice, a law centre or a solicitor.

9.         How we handle your data:

 

9.1       We use the information you provide to manage your tenancy and deliver housing services such as managing your rent account and carrying out repairs and improvements to your home. If you do not provide the required information, we are unable to enter into a Tenancy Agreement with you.

 

9.2       We may share some information with organisations that provide services on our behalf, such as maintenance contractors, other Council departments and government bodies . Where required by law or to enable us to manage your tenancy we may also share your information with other parties such as the police, probation service, social, health and welfare providers and utility companies.

 

For further information as to how we handle your data, please visit our website and search for our Privacy Notice.

 

9.3      National Fraud Initiative (NFI)

 

We are under a duty to protect the public funds we administer and may use the information you provide for the prevention and detection of fraud.  We may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

 

For further information, see www.westlancs.gov.uk/nfi

 

If there is anything you do not understand in this Tenancy Agreement, please ask your Housing Officer. You can also get help from Shelter, a Citizens Advice, law centre or a solicitor. 

 

 

 

10.         Contact Information

 

We can provide this information in alternative formats e.g. coloured paper, large print or a different language. Please contact your Housing Officer, visit our website www.westlancs.gov.uk/access or telephone Customer Services on 01695 577177