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«Version 0.5, May 2012 Conditions of an Assured Tenancy Cornwall Housing Treven Kernow Tel: 0300 1234 161 Cornwall Housing ...»

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Version 0.5, May 2012

Conditions of an

Assured Tenancy

Cornwall Housing

Treven Kernow


Tel: 0300 1234 161

Cornwall Housing Ltd - Conditions of an Assured Tenancy

1 Introduction

The terms ‘we’ or ‘us’ used in these conditions refer to the landlord or its agents.

• Your landlord is Cornwall Housing Limited.

Security of Tenure

By signing the tenancy agreement you became an assured weekly tenant, within the meaning of the

Housing Act 1988.

This means you can keep your home for as long as you want unless there is a legal reason (called a ground for possession) and a court agrees to end your tenancy. We will only repossess your home

because either:

• you or somebody living with you or visiting you have broken one or more of your tenancy conditions; or

• due to special circumstances we must move you out to suitable alternative accommodation.

Details of these grounds are available in your tenants’ information.

You have the right to quiet enjoyment of your home. We will not interrupt or interfere with your right to

live peacefully in your home unless:

• we need to inspect your home or do works, for which we will give you reasonable prior notice; or

• a court has allowed us to end your tenancy.

2 Rent

2.1 You must pay your rent. It must be paid on time as stated on your agreement by one of the approved methods. Your rent is due weekly, but you can pay fortnightly or monthly in advance if you prefer.

2.2 If you are a joint tenant, you are ‘jointly and severally’ responsible for all the rent and all other charges. This means that you are both responsible for all the rent and all other charges owed if the other joint tenant leaves or does not pay.

2.3 Your rent can be increased or decreased from time to time and we will give you 28 days notice of this. Any increase in rent can not occur more than once every 52 weeks.

2.4 Your service and other charges can be increased or decreased from time to time and we will give you 28 days notice of this. Service charge increases can not occur more than once every 52 weeks.

2.5 It is your responsibility to claim any housing benefits that you may be entitled to and to tell Cornwall Council’s Shared Services (Benefit Assessments), of all relevant changes to your circumstances.

2.6 If your Housing Benefit does not cover the full rent, you must pay the balance.

2.7 We have the right to charge you for any new service provided for your home. The cost will be charged as a service charge in addition to your rent. We wil

–  –  –

will apply to court to evict you from your home. If you have any difficulty paying your rent you should contact your Housing Officer immediately.

2.9 You must repay any money you owe Cornwall Housing Ltd from a previous tenancy; such as rent arrears or the cost of repairing deliberate damage. If you do not keep to the repayment plan, we may go to court to seek possession of your home for breaking this agreement.

3 Repairs and improvements Our responsibilities

3.1 We must keep the structure and exterior of your property (including drains, gutters and external

pipes) in repair and in proper working order. Other parts of your home that we must repair are:

• the structure and exterior of the building - roofs, walls, floors, ceilings, window frames, external doors, drains, gutters, outside pipes;

• kitchen and bathroom fixtures - basins, sinks, toilets, baths;

• electrical wiring, gas and water pipes within the boundary of the property;

• heating equipment and water heating equipment;

• any communal areas around your home - stairs, lifts, landings, lighting, entrance halls, paving, shared gardens, parking areas; and

• the outside of your home, which we must paint at regular intervals.

3.2 We must do repairs in a reasonable time. When you ask for a repair we will tell you when the work will be done by. This depends on how urgent it is; your tenants’ information gives further details.

3.3 We must clear up after a repair. We will leave the decoration as close as possible to how it was before the work was done.

3.4 Except in the case of an emergency, we must give you or send you written confirmation of your request for a repair. Keep this confirmation in case you want to enquire later.

3.5 There are special circumstances when we have the legal right to take possession of your home because work needs to be done on it.

They are if your property needs to be empty for:

–  –  –

In these circumstances you will be offered a suitable alternative home. If you agree to a temporary move we have the right to take possession of your temporary home when the work on your original property is finished.

Cornwall Housing Ltd - Conditions of an Assured Tenancy Your rights and responsibilities

3.6 You must report any faults or damage to us immediately.

3.7 You have the right to get repairs done on time and you may be able to get compensation if certain repairs are not carried out within the stated timescales. Ask your Housing Officer for more information.

3.8 You have the right to put in your own improvements; you must get our written agreement before carrying out any works. We will not refuse permission unless there is a good reason. You may also need planning and building regulation approval and you will need to produce safety certificates if they are required.

3.9 If you install, with permission, a gas appliance for heating or water, we will maintain it for you.

3.10 You are responsible for maintaining any improvements that you have made (except as in 3.9 above).

3.11 You must not alter your home, remove walls or take out any other part of your home without our written agreement. Contact your Housing Officer for further details.

3.12 If you make an improvement or alteration to your home without our written agreement, we may tell you to return the property to how it was before. If you don’t, we will do the work and charge you for it.

3.13 You must allow us and our agents to access your home to inspect and do repairs, improvements and annual servicing, provided you have been given at least 24 hours written notice.

3.14 If there is an emergency and we need immediate access to your property, we have the right to force entry without giving you notice.

3.15 You must allow ‘free and open access’ to workers to do repairs and improvements to your home.

This means that the workers must be able to get easily to the part of the house they need to repair or improve.

3.16 You are responsible for decorating the inside of your home. This includes repairing minor cracks in plaster work and preparing surfaces so they can be painted or papered. You must keep the inside of your home in good decorative order.

3.17 You must pay the full cost for any repair or replacement if damage is caused deliberately or accidentally (broken windows or broken doors for example) or is caused by your own neglect.

Broken glass must be re-glazed to an acceptable standard within 21 days.

3.18 You are responsible for insuring your own contents.

4 Behaviour - Your responsibilities

4.1 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 and in the locality around your home.

4.2 If you or any other person living in or visiting your home are prosecuted and convicted of an offence within the locality of your home, we may take legal action against you.

–  –  –

Examples of nuisance, annoyance or disturbance include (but are not limited to): loud music;

arguing; door slamming; dog barking and fouling; rowdy or offensive behaviour; selling drugs or drug abuse; rubbish dumping; and extremely untidy gardens.

4.4 You or any other person living in or visiting your home must not harass any other person.

Examples of harassment include (but are not limited to): racist behaviour or language; using or threatening to use violence; using abusive or insulting words or behaviour; damaging or threatening to damage another person’s home or possessions; writing threatening, abusive or insulting graffiti; and doing anything that interferes with the peace, comfort or convenience of other people.

4.5 You or any other person living in or visiting your home must not harass, threaten or use violence towards any of our employees, contractors or agents.

4.6 You or any other person living in or visiting your home must not inflict or threaten domestic violence against any other person either living with you or in another property. You must not harass any other person or abuse them mentally, physically, emotionally or sexually.

4.7 You or any other person living in or visiting your home must not use your home or any communal area for any illegal or immoral activity.

4.8 You or any other person living in or visiting your home must not damage, deface or put graffiti on any property. You will have to pay for any repair or removal.

4.9 You or any other person living in or visiting your home must not interfere with security and safety equipment in communal blocks.

4.10 You or any other person living in or visiting your home must not keep any animal that we decide is unsuitable for your home. Ask your Housing Officer if you are in any doubt. Your pet or pets must not annoy or frighten other people. In cases of cruelty to animals, permission to keep animals will be withdrawn and cases may be reported to the RSPCA or the police.

4.11 You or any other person living in or visiting your home must co-operate with us and your neighbours to keep communal areas clean, tidy and clear of obstruction.

4.12 You or any other person living in or visiting your home are not allowed to smoke in any internal communal areas.

4.13 You or any other person living in or visiting your home must not park a vehicle anywhere on your property except on a hard-standing (a driveway or paved area intended for parking). You must not park a caravan, motor home, boat or trailer on the garden, driveway, paved area around your home or on any communal parking areas without our written agreement. You must not park on grassed areas without our agreement. This includes parking of commercial vehicles.

4.14 You or any other person living in or visiting your home must not carry out major or persistent car repairs or park an illegal or unroadworthy vehicle in your garden, communal areas or on the road.

4.15 You or any other person living in or visiting your home must not allow a motor vehicle, trailer, caravan, boat or other wheeled vehicle to obstruct any road, lane, path, access-way, drive or garage area. You and your visitors must not park anywhere that would obstruct emergency services.

4.16 You must keep your garden tidy by cutting the lawn and trimming the hedges and ensure that the garden is free of rubbish, household items and animal faeces. If you do not, we will ask you to put this right. If you don’t, we or our agents will do the work and charge you for it. We may also take legal action against you.

Cornwall Housing Ltd - Conditions of an Assured Tenancy

4.17 You or any other person living in or visiting your home must dispose promptly and properly of all household refuse and any bulky waste items (such as fridges, cookers etc.) in a way that does not cause a nuisance to your neighbours or community. All communal areas must be kept clear and free from obstruction to reduce the risk of fire.

4.18 You or any other person living in or visiting your home must not keep or use paraffin, petrol or any other dangerous material in your home or in communal areas. Bottled gas that is used for domestic heating is acceptable, but must be kept safely.

5 Your rights as a tenant

5.1 You have the right to take in lodgers with permission. A lodger is someone who lives with you, but wasn’t part of your household when you first moved in. They don’t have exclusive right to any one part of your home, and will get some sort of service from you such as cooking or cleaning.

–  –  –

5.4 You have the right to see information that we hold on you and your tenancy, including Cornwall Housing Ltd’s policies. In certain circumstances we will not be able to show you information obtained from a third party.

5.5 You have the right to set up and join a local tenants’ group.

5.6 You have the right to be consulted on: changes that affect the management of your home;

changes to the terms and conditions of your tenancy; and on modernisation or improvement work planned for your home or your area. We will involve you or your tenant’s group in local housing issues.

5.7 You have the right to make a complaint on any area of Cornwall Housing Ltd’s services.

Information is available if you ask us and on our website.

5.8 You have the right to get repairs done on time. See section 3.7 above.

5.9 You have the right to make improvements depending on our consent. See section 3.8 above.

–  –  –

6 Using your home

6.1 You must not intentionally overcrowd your home.

6.2 You must use this Cornwall Housing Ltd property as your main or only home.

6.3 You must not run a business from your home without our written permission. Permission will only be refused or withdrawn if the business causes a nuisance to neighbours. Some businesses may need planning permission.

–  –  –

6.5 You must not keep any moped, motorbike or similar vehicle, or any other machine driven by internal combustion engine (including engine parts) inside your home.

6.6 You must not erect any structure of any kind or create a hard-standing anywhere on the property without our written agreement.

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