SECURE TENANCY AGREEMENT
Contents
Section A - Introduction|
Section B - New Tenancy Checklist|
Section C - Tenancy Agreement|
Section D - Council's Duties|
Section E - Tenant's Duties|
Section F - Council's Rights|
Section G - Tenant's Rights|
Section H - Termination of Tenancy Notices|
Section A - Introduction
Unless stated to the contrary in other correspondence the Council recognises that this is a secure tenancy and shall not interfere with this right.
DEFINITIONS
Tenants
The term ‘Tenants’ applies to all sole and joint Tenants, and includes the named persons on the Tenancy Agreement.
Property
The term ‘Property’ means the accommodation occupied plus any gardens, garages, brick sheds, stores, outbuilding, fences, paths or walls let within its boundary, but not any temporary structures erected in the garden (e.g. timber sheds, greenhouses).
OUR MISSION STATEMENT
The Council’s aim, within the limitation of resources, is to ensure that there is available free from discrimination a range of the highest quality housing services targeted at those households adjudged to be most in need.
Building on this statement the Council also has to know how it intends to carry forward the “Mission”. To do this the Council has also developed a set of agreed AIMS for its housing services, which are compatible with and complement the Council’s corporate aims.
OUR AIMS
As a landlord, the Council must:
a. maintain and improve the Properties for which it is landlord together with their environments.
b. provide an efficient and caring housing management service and continue to encourage maximum Tenant participation, including the development of Tenant management arrangements where desired.
c. provide a high quality housing service across all tenures by close co-operation between all departments of the Council and other agencies.
d. ensure that the Council’s housing functions are carried out in such a way as to uphold the Council’s equal opportunities policy, to the benefit of all of its customers.
e. ensure that information and advice is readily available about the Council’s housing services and use appropriate methods of communication to meet the needs of those with language or disability difficulties.
f. continue to develop and implement strategies for improving the energy efficiency of Properties.
g. ensure that the Tenancy Agreement is explained to incoming Tenants by the housing officer at the letting process.
Section B - New tenancy check list
HOUSING OFFICE: Gloucester City Homes, Railway House, Bruton Way, Gloucester, GL1 1DG.
ADDRESS FOR SERVICE OF NOTICE BY TENANTS:
OFFICE TELEPHONE NO: 0800 408 2000
HOUSING OFFICER’S NAME:
(All the above details must be clearly printed)
PLEASE TICK YES or NO
1. A housing officer has been named who is responsible for housing matters and information about local services given
2. A copy of the following booklets has been provided
- Tenancy Agreement
- Repairs and Maintenance
- Home Contents Insurance
3. The conditions of tenancy have been explained
4. A rent payment card has been requested
5. The rent payment system has been explained
6. The rent arrears system has been explained
7. All keys have been handed over
8. A schedule of repairs due has been explained and issued
9. Details of imminent cyclical maintenance have been given
10. Explanation of the repairs request system has been given
11. Operation of the heating system has been explained
12. Location of the following has been shown and advice about reconnection :
(a) electricity fuse box and meter
(b) gas stop tap and meter
(c) water stop tap and meter (where installed)
13. Details of how to claim housing benefit have been given and form completed if appropriate
14. A further visit by the housing officer has been agreed to ensure there are no problems with the tenancy
15. Tenants agree that at the letting of the property it is fit for occupation
16. Items for which Tenants are responsible, other than specified in the Tenancy Agreement, are as follows:
I have been through the above list and agree that I am satisfied with it.
SIGNED: (Tenants)
SIGNED: (Housing officer)
DATE:
Section C - Tenancy Agreement
GLOUCESTER CITY COUNCIL
Property Allocated
Property Type
No. of keys issued
Tenancy to Commence Monday
Tenants Full Names
Any Notices served on the Tenants can be served at the Council’s discretion either personally, by post, by recorded delivery, to the Tenants at the address, or by leaving it at the tenancy address.
YOUR TENANCY AGREEMENT IS A LEGAL DOCUMENT WHICH YOU SHOULD READ CAREFULLY AND KEEP IN A SAFE PLACE
DECLARATION
I/We agree to accept the tenancy of the above Property on the terms and conditions set out in this document. I/We acknowledge the receipt of the keys for the Property and undertake to return the same number of keys upon termination of the tenancy. I/We also acknowledge receipt of a copy of this agreement.
Signatures
Date
Witnessing housing officer
COPY OF TENANCY AGREEMENT
The Council agrees to let and Tenants agree to take the Property on a weekly tenancy commencing on-the date specified below:
Property Allocated
Property Type
No. of keys issued
Tenancy to Commence Monday
Tenants Full Names
Any Notices served on the Tenants can be served at the Council’s discretion either personally, by post, by recorded delivery, to the Tenants at the address, or by leaving it at the tenancy address.
YOUR TENANCY AGREEMENT IS A LEGAL DOCUMENT WHICH YOU SHOULD READ CAREFULLY AND KEEP IN A SAFE PLACE
DECLARATION
I/We agree to accept the tenancy of the above Property on the terms and conditions set out in this document. I/We acknowledge the receipt of the keys for the Property and undertake to return the same number of keys upon termination of the tenancy. I/We also acknowledge receipt of a copy of this agreement.
Signatures
Date
Witnessing housing officer
Section D - Council's Duties
RENTS
1. The Council may increase or decrease the rent by serving four weeks written notice on Tenants.
REPAIRS AND MAINTENANCE
2. The Council shall be responsible for:
(a) keeping in reasonable repair the structure, services and common parts of the Property including:
(i) drains, gutters and external pipes;
(ii) the roof;
(iii) external walls, doors and windows (except glass) etc;
(iv) communal aerials;
(v) pathways and steps which provide access to the main entrance and around the Property itself;
(vi) garages, utility rooms and stores;
(vii) porches or other non-standard elements expressly agreed in writing at the letting process;
(viii) installations for the supply of water, gas, electricity, drainage and rubbish disposal (where applicable);
(ix) installations for space heating and water heating installed by the Council;
(x) lifts and other communal amenities; and
(xi) external painting of the Property.
3. Where repairs requiring more than 5 working days have been ordered, a job registration receipt with a satisfaction survey card advising the target date for completion will be issued and the appropriate appointment made.
The Council aims to carry out those repairs which are its responsibility in accordance with set time scales from placement of the order within the limitations imposed by finances and the practicalities of each situation.
The priority and timescales for completing responses is set out in the Tenants’ handbook.
EMERGENCY ACCESS
4. In exceptional circumstances it may be necessary for the Council to force entry and the Council will make good any damage caused in such circumstances. Forced entry will only be made in exceptional circumstances when there is risk of serious damage to Property occurring and no-one is at home.
CONSULTATION
5. The Council shall consult with those of its Tenants likely to be substantially affected by a change in the Council’s housing policy, practice or programmes of maintenance, improvements or demolition.
Consultation will take the form of:
(a) inviting comments from all Tenants and tenant associations likely to be affected by the Council’s proposals
(b) allowing Tenants to inspect proposals, plans and schedules
(c) taking into account all representations from affected Tenants before making any final decisions.
Comments will be sought by sending a letter to each Tenant at the address of the tenancy and to each tenants’ association at any address which it has notified to the Council.
LETTING OF PROPERTIES
6. The Council will endeavour to ensure Properties are safe, clean, free from major disrepair and rubbish, prior to letting.
Properties designated for elderly persons should be in good decorative order throughout when let, unless Tenants have decided to do the works themselves with decorating materials provided by the Council.
If Properties let require redecoration work, then the Council will, using it’s best endeavours, issue the new Tenants with adequate decorating materials to redecorate where necessary.
The Council will use it’s best endeavours to ensure:
(a) front gardens are tidy and back gardens not overgrown, when Properties are let.
(b) all minor repairs are carried out within 28 days of Tenants notifying the Council that they have moved in.
Section E - Tenant's Duties
RENT
7. Tenants shall pay the rent when due. The rent will include all other charges relating to the services provided by the Council in connection with the tenancy.
REPAIRS
8. Tenants shall be responsible for:
(a) the repair, replacement or cleaning of the following items:
(i) plugs and chains to wash hand basins, sinks and baths,
(ii) internal door furniture, locks, latches and coat hooks,
(iii) sweeping of chimneys,
(iv) electrical fuses,
(v) any items damaged by Tenants, members of Tenants’ household or visitors. .
(vi) window glass (except where the Council has a duty under the Right to Repair)
(b) the regular testing and cleaning of smoke alarms and replacement of batteries, where fitted;
(c) taking reasonable precautions to prevent frost damage, such as reporting to the Council if the loft space is not properly insulated or stop taps are not working, trying to keep the Property adequately heated, and taking advantage of any insulation works they may be entitled to. If Tenants go away from the Property during. a cold spell, they should either leave background heating on, or turn the stop tap off and drain down the water system;
(d) provision of security devices in addition to front and back door locks and bolts, or window locks that may already have been installed by the Council;
(e) keeping ladders or other items that could be used to break into Properties out of sight and locked up.
9. It is the incoming Tenant’s responsibility to advise the local housing office when the Property is occupied so any minor repairs noted when the Property became empty can be ordered.
INTERNAL REPAIRS & MAINTENANCE
10. Tenants must maintain the internal appearance of the Property in a reasonable state of decoration, repair and cleanliness, including repairing minor plastering defects, ie. hairline cracks.
EXTERNAL REPAIRS & MAINTENANCE
11. Tenants must ensure that any garden path and the exterior of any shed, store, greenhouse, fencing, or other structure is maintained in a good state of repair and decoration, unless responsibility has been accepted by the Council.
INFORMING THE COUNCIL OF DEFECTS
12. Tenants must inform the housing office about any fault in the Property which is the Council’s obligation to repair. If the Tenant is not satisfied with the speed or standard of repair, then the Tenant must inform the Council in writing of their complaint, keeping a signed and receipted copy of any complaint made. If the Tenant is still dissatisfied the Council’s complaints procedure should be followed.
AERIALS AND SATELLITE DISHES
13. Tenants may erect aerials or satellite dishes discreetly on the Property provided there is not already a landlord’s aerial and planning permission is obtained where necessary. Planning permission is normally required for satellite dishes on block of flats. Aerials and satellite dishes must not cause a nuisance to neighbours and any damage caused to the Property by the fixing, maintaining, or removal of such aerials or satellite dishes must be paid for by Tenants. All flats in blocks of three storeys and above would normally have a landlord’s aerial.
ACCESS
14. Tenants must allow the Council’s employees, contractors or their subcontractors to enter the Property at all reasonable hours to inspect the condition of the Property and to carry out all necessary repairs and maintenance to the Property or adjacent Property, provided that the Council gives reasonable notice. The Council will give 2 working days written notice for inspections and 10 working days written notice for planned maintenance work.
USE OF PROPERTY
15. (a) Tenants shall occupy the Property as their principal home and in a reasonable and responsible manner. Tenants shall not assign (transfer to another Tenant) the tenancy, or sub-let, or part with possession, (part or whole), of the Property without the Council’s prior written permission.
(b) Tenants are not allowed to use any part of the Property for business or trade, without the Council’s prior written consent and subject to any necessary planning consent.
(c) Tenants and their household are only allowed to carry out car repairs within the boundaries of the Property to the households own private registered motor cars provided that no nuisance is caused to neighbours.
(d) Tenants are not allowed to store flammable or explosive materials in the Property, other than items stored for normal household usage.
COMMUNITY RESPONSIBILITIES
16. (a) Tenants are responsible for the behaviour of everyone living in or visiting the Property. They must also keep under control any animals living in or visiting the Property. This applies when they are in the Property, in communal areas (stairs, lifts, landings, entrance halls, paved areas, shared gardens and parking areas), on adjacent land and in the locality around the Property
(b) Tenants, members of the household and visitors must not:-
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cause or permit a nuisance, annoyance or disturbance to any other person. Examples of nuisance, annoyance or disturbance include:-
loud music; arguing and door slamming; allowing excessive or prolonged dog barking, dog fouling; offensive drunkenness; selling drugs or drug abuse; solvent abuse; rubbish dumping; playing ball games close to someone else’s Property.
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harass or allow to be harassed any other person. Examples of harassment include:-
racist behaviour or language; using or threatening .to use violence; using abusive or insulting graffiti or behaviour; damaging or threatening to damage another persons property or possessions; writing threatening, abusive of insulting graffiti; doing anything that interferes with the peace, comfort or convenience of other people.
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use or allow the Property to be used for any illegal or immoral purpose including the storage, or possession of/or dealing in stolen property or illegal drugs or the use of illegal drugs and must not deal in drugs in the locality of the Property.
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damage, deface or put graffiti on Council property. Tenants will have to pay for any repairs or replacements.
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interfere with security and safety equipment in communal blocks. Doors should not be jammed open and strangers should not be let in without identification.
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steal any item from any property owned or previously owned by the Council or in the locality of the Property.
(c) The Tenant must not inflict domestic violence or threaten violence against any other person (they could be living with Tenants or in another Council property). Tenants must not harass or use mental, emotional or sexual abuse to make anyone who lives with them leave the Property.
(d) Where the Property does not have a caretaking service Tenants must (with their neighbours) clean communal areas weekly (stairs, landings, entrance halls, lifts, bin areas, communal paths etc.) and keep communal areas tidy and free of litter, rubbish, obstructions and hazards.
PETS
17. Tenants must not keep any animal in the Property other than normal common domestic pets and small caged animals. Tenants must obtain written consent for all other animals to be kept in the Property.
In complying with this condition Tenants are responsible for ensuring that pets do not:-
(a) soil or damage the Council’s Property; or
(b) cause a nuisance or annoyance to neighbours.
Tenants will have to pay for any cleaning, repair or replacement of the Council’s property or neighbours’ property if an animal under their control damages it.
In sheltered schemes for the elderly, normal common domestic pets are discouraged with the exception of small caged animals, unless express prior written permission has been obtained.
GARDENS
18. Tenants must keep gardens in a tidy condition, and free from rubbish. Tenants must not cut down or lop any trees, shrubs or bushes or dig out hedges growing in open plan communal gardens without the Council’s prior written consent.
TERMINATION OF TENANCY
19. Tenancies begin on a Monday and end on a Sunday. Therefore if Tenants wish to end the tenancy it must be done by giving 4 weeks notice to the Council in writing terminating the tenancy on a Sunday. The keys of the Property must be received at the local housing office by Monday midday, following the Sunday on which date the tenancy is to end, to avoid additional rent being charged.
If the Tenant dies, the tenancy will end on the Sunday after the next of kin or the executor(s) return(s) the keys to the Council. The Property must be emptied completely and be left clean.
If the Property is not empty and clean when the keys are returned, the Council reserves the right to charge the next of kin/executor(s) money for use and occupation of the Property until it is emptied and cleaned.
At the end of the tenancy Tenants must return to the Council all keys to the Property and leave the Property in a clean, tidy condition and in good decorative order. All fixtures and fittings must be left in a serviceable condition, allowing for fair wear and tear.
If Tenants leave any items behind in the Property, once the tenancy has ended, the Council may take these goods and dispose of them accordingly and will invoice the former Tenants for all costs incurred.
REIMBURSING THE COUNCIL
20. Tenants shall upon receipt of a written notice reimburse the Council for the cost of making good any loss or damage caused by acts in breach of the tenancy conditions:-
HOME CONTENTS INSURANCE
21. Tenants are responsible for insuring all their family’s personal effects, plus other items relating to their tenancy and Property that they may be liable for under the tenancy agreement (e.g. internal redecoration following fire, flood etc.) .
Section F - Council's Rights
RECOVERING RENT DUE AND OTHER COURT ACTION
22. The Council must notify Tenants that it intends to seek possession by serving a notice stating the ground(s) and giving a date no less than 28 days from the date of the notice after which court proceedings may start. The notice will be served by recorded delivery post, in person, or by posting through the letter box at the tenancy address.
However, the Council may speed up the procedures for obtaining a possession order by shortening the period of time preceding the beginning of possession proceedings where a prompt eviction is required. This may involve dispensing with service of notice of intention to seek possession if "just and equitable" (e.g. cases of serious anti-social behaviour, or violence has occurred or been threatened) or seeking possession proceedings as soon as notice to seek possession has been served.
The Council may also seek injunctions prohibiting someone from engaging in nuisance or annoyance, violence or threats of violence in the locality, such injunctions may also have powers of arrest attached to them in case of breach.
In cases of serious anti-social behaviour the Council may also seek a demoted tenancy order, if it believes this is more appropriate than a possession order (mentioned in paragraph 23 below) in a particular case. If the Council decides to proceed with a demoted tenancy order, it must notify tenants that it intends to seek such an order by serving a notice of intention to seek a demotion order stating the grounds.
The notice must give a date, generally at least 28 days from the date of the notice, after which court proceedings may start. The notice will be served by first class post, in person or by posting through the letterbox at the tenancy address.
The Court will make a demotion order only if it is satisfied that housing related anti-social behaviour has occurred or the property has been used for unlawful purposes, or both, and it is reasonable to make such an order.
23. The Council recognises that Tenants have secure tenancies (unless stated to , the contrary in other correspondence) and may only seek possession on one or more of the following grounds set out below:-
(a) Non payment of rent
(b) Behaviour that is causing or likely to cause a nuisance or annoyance in the locality of the Tenant’s property, by the Tenant, persons residing with the Tenant, or visitors
(c) Conviction for an arrestable offence in the locality of the property; use of the property for immoral or illegal purposes or abuse of Council employees as set out in clause 16 above
(d) Domestic violence, or threats of violence by one partner towards the other partner or member of that partners family, so that the partner has left and is unlikely to return
(e) Damage, neglect, theft or vandalism of the Council’s Property (including any common areas) or of private properties in the locality as set out in clause 16 above
(f) Damage to any furniture that the Council has provided to Tenants, lodgers or sub Tenants
(g) Deliberately making a false statement, or instigating a false statement by another person, when applying for a tenancy, which caused or contributed to the Council’s decision to grant the tenancy
(h) Paying money to another Tenant to secure an exchange of Properties
(i) The Property was only let as temporary accommodation while the Tenants own home was being improved and those improvements have been completed
(j) The Property is overcrowded (as defined in law)
(k) The Council needs to gain possession in order to redevelop, modernise or rehabilitate the Property
(l) The Property is specially designed or adapted for physically disabled people or is part of a group of Properties catering for persons with special needs and there is no longer a need for that type of accommodation for the household living there; and the Council requires it for occupation by a household with those special needs (e.g. elderly or disabled accommodation)
(m) Where a person has legally succeeded to a tenancy by virtue of being a member of the former Tenant’s family and the Property is under-occupied and the Council seeks possession between six and twelve months after the previous Tenants death.
(n) Any breach of the conditions of tenancy not detailed in 23 (a) to (m) above.
In the case of possession sought under grounds (a) - (i) and (n) above, an order for possession will not be made by a court unless it is considered reasonable and, on the grounds (j) - (l), unless suitable alternative accommodation will be available to Tenants, and on the ground (m) unless it is considered reasonable and alternative accommodation will be available.
24. If the Council is involved in any expense due to a breach of these conditions, Tenants may be held liable to reimburse the Council to the extent of the works and costs involved.
CARRYING OUT REPAIRS & RECHARGING
25. Where Tenants have undertaken improvements to the Property they will be responsible for any subsequent repairs to the items installed. If these repairs are carried out by the Council then the outgoing Tenants will be recharged for such works.
VARIATIONS OF TENANCY
26. The Council has the right to vary the conditions of tenancy and such variations will be carried out in accordance with the law.
Any Notices served on the Tenants can be served at the Council’s discretion either personally, by post, by recorded delivery, to the Tenants at the address, or by leaving it at the tenancy address.
Section G - Tenant's Rights
ACCESS TO INFORMATION
27. In accordance with the Access to Personnel Files Act 1989 Tenants have the right of access to information in relation to the tenancy file. A request for information must be made in writing: Tenants are entitled to inspect information they have supplied. Details of this statutory right are available at local housing offices.
ALTERATIONS
28. Tenants shall not make alterations, additions or installations to, on or in the Property or erect structures (such as a garage, porch or shed) without the Council’s prior written consent. Tenants should note that such works may require planning consent.
ASSIGNMENT AND SUBLETTING
29. Tenants may take in lodgers without asking the Council’s permission but must not exceed the permitted number of occupants identified in the rent voucher book. Tenants must notify the housing benefits section in writing of lodgers taken in if they are in receipt of housing benefit.
Tenants may not sublet or part with possession, of the whole or part of the Property without the prior written consent of the Council.
CONSULTATION
30. Tenants have the right to be consulted on changes in the Council’s housing policy, practice or programmes of work. (See COUNCIL’S DUTIES Clause 5.)
DISTRICT HEATING SCHEMES
31. Tenants who receive heat from a district heating scheme have the right to information about charges made, and a right of appeal to the City Housing Officer.
The rental element relating to district heating charges must be paid with the rent. The full running costs of the heating system will be calculated annually by the Council, and Tenants will be notified if they have overpaid or underpaid for the amount of heating used.
Tenants who have overpaid will, within one month of being notified, have this sum added to their rent account as credit.
Tenants who have underpaid will receive a written notice from the Council and must pay the deficit within one month of notification. Any payments outstanding for more than one month will be transferred to Tenants’ rent accounts and will be treated as rent arrears.
MOTOR CARS
32. Tenants may keep private registered motor car(s) or motorcycle(s) within the boundary of the Property if there is a properly constructed dropped kerb, driveway and garage or hardstanding for which written permission has been obtained. Written permission must be obtained for caravans, boats and vans etc. to be parked within the boundary of the Property.
MUTUAL EXCHANGES
33. All secure Tenants have the right, subject to the Council’s written consent, to exchange their tenancy with another Tenant who has their own landlord’s consent. If Tenants wish to exchange with another Tenant of the City Council or another Council, Development Corporation or Housing Association, Tenants must write to the local housing office seeking consent.
A decision will be given within 42 days but consent may be withheld if, for example, the Council is taking action against one or both Tenants for rent arrears, other breaches of tenancy conditions, or if the Property is specifically’ designated (e.g. elderly person, disabled) or is unsuitable for the exchanging Tenant’s needs.
Tenants have the right to appeal to the City Housing Officer to review the decision should they consider it to be unreasonable.
REVIEW OF DECISION
34. Tenants may request in writing for a review of any decision made by the local housing office and such requests must be made within 6 weeks of being informed of the original decision. The decision will be reviewed accordingly and Tenants will be informed in writing of the outcome with reasons.
RIGHT TO APPEAL
35. Tenants have the right to appeal to members of ‘the Housing Committee’s Eviction Appeals Panel against any eviction proceedings taken by the Council. In addition Tenants have the right to be present or be represented at such an appeal hearing. Tenants are advised of the Council’s appeals procedure at the start of any eviction proceedings.
RIGHT TO BUY / RENT TO MORTGAGE SCHEMES
36. Tenants with at least two years tenancy have, with a few exceptions, the right to apply to purchase their Property through the Right to Buy or the Rent to Mortgage scheme.
The main exclusions from the Right to Buy / Rent to Mortgage Scheme are:-
a) “Sheltered” properties
b) Properties let to and particularly suitable for occupation by elderly persons aged 60 years and above (subject to Tenant’s Right to Appeal to the Secretary of State).
Tenants are entitled to discounts depending on length of public sector tenancies held, ranging from 32 to 60% for houses and 44 to 70% for flats. Tenants no longer have a right to a mortgage, and should always acquaint themselves with all the many and varied costs involved with home ownership.
Applications under these schemes may be suspended pending the outcome of eviction proceedings which have been commenced before completion of the sale or rent to mortgage scheme.
RIGHT TO COMPENSATION
37. On the termination of the tenancy tenants have the right to claim compensation for certain improvements, undertaken and paid for by themselves. Claims must be made within 14 days of the tenancy ending. The level of compensation will depend on a range of factors including the value, age, condition and need for the improvement, and the improvement must have a current value of at least £50. Details of this statutory right are readily available from local housing offices. This right only applies to improvements carried out from 1st April 1994.
RIGHT TO COMPLAIN
38. Tenants have the right to complain. The main steps in the procedure are:-
(a) Tenants or a representative may write, telephone or visit the office who provide the service to tell them about the complaint.
(b) If the complaint is simple, the Council will deal with it straightaway. If it can’t it will acknowledge the complaint within 3 working days and give Tenants the name and telephone number of the officer dealing with the complaint. The Council’s target is to answer all complaints within ten working days from receipt. If there is likely to be any delay, Tenants will be kept informed.
(c) If Tenants are not satisfied with the answer, they can ask for it to be referred to the City Housing Officer.
(d) If Tenants remain unsatisfied, they can contact the Chief Executive or their Ward Councillor.
(e) If Tenants still feel the Council has done something wrong and hasn’t put it right to their satisfaction, then they can contact the Local Government Ombudsman, an independent watchdog.
Leaflets explaining how to contact the Ombudsman are available at the Herbert Warehouse reception and the local housing offices.
The Council welcome complaints. It helps the Council to get it right in the future if it knows when things have gone wrong.
RIGHT TO MANAGE
39. Tenants have the right to form a Tenant Management Organisation and serve notice on the Council that it should enter into a management agreement with that organisation, Full details are available in the leaflet ‘The Right to Manage’ at local housing offices.
RIGHT TO REPAIR
40. Tenants have the right to have certain small, urgent repairs, which might affect their health, safety or security done quickly and easily. The Council has to carry out these repairs within a certain time, and if the Council does not do these repairs in time, the Council may pay compensation. Qualifying repairs include unsafe electrical fittings, blocked toilets, sinks, baths or basins, leaking pipes and roofs, toilets that do not flush etc. Details of this statutory right are readily available from local housing offices.
SMOKE ALARMS
41. Tenants are entitled to have a smoke alarm installed where one is not already installed. Generally mains powered alarms will be installed, but battery ones may be provided in some circumstances, depending on Council policy.
SUCCESSION
42. A partner or another qualifying member of the Tenant’s family who has lived with the Tenant throughout the previous twelve months, may succeed to the tenancy on the death of the Tenant. Succession to a tenancy can only happen once.
When a Tenant dies the tenancy may pass to:
(a) the other Tenant, if it is a joint tenancy;
(b) the partner, if living in the Property with Tenant; or
(c) any close relative who has been living with Tenant for at least twelve months prior to Tenant’s death.
In addition, if the Property is larger than the succeeding Tenant’s need, consent may only be granted if a move to alternative accommodation of a suitable size is agreed.
WASHING LINES
43. The Council will supply washing lines at all elderly persons designated properties and three storey flats where needed.
Section H - Termination of Tenancy Notices
Termination of Property Tenancy|
Termination of Garage / Parking Tenancy|
Termination of Property Tenancy on Death|