2 - Your Tenancy
The Assured Tenancy
Your tenancy is an Assured Tenancy. When you accepted your tenancy you agreed to the conditions in the Tenancy Agreement. The Tenancy Agreement sets out the rights and responsibilities of you as tenants and of Aragon Housing Association as landlord.
There are four types of Assured Tenancy with the Association:
1. Protected Assured TenancyIf you were a Central Bedfordshire Council tenant who transferred you may have a Protected Assured Tenancy. These tenants have certain rights given under the Housing Act 1988 such as the Preserved Right to Buy and Rent Guarantees. The Tenancy Agreements are printed on yellow or lilac paper.
2. New Assured TenancyThis tenancy is given to all new tenants of the Association who were not secure tenants of Central Bedfordshire Council on stock transfer. New tenants after this time will not have the Right to Buy or guarantee as to their rent levels. The Tenancy Agreements are printed on orange or green paper.
3. Assured Shorthold TenancyThis tenancy is only given to new tenants in special circumstances because it offers less security and fewer other rights. For example, Assured Shorthold Tenants are not able to carry out a mutual exchange or take in any lodgers or sub-tenants. The Tenancy Agreements are usually printed on blue paper.
4. Starter TenancyAragon usually gives all new tenants a Starter Tenancy. This usually lasts for 12 months and will convert to an Assured Tenancy at the end of the period if it has been conducted satisfactorily. If there are problems and the tenant does not co-operate with us to find a solution, we may take steps to end the tenancy. There are fewer rights during a Starter Tenancy, for example, the tenant is not able to carry out a mutual exchange or take in lodgers or sub-tenants. An information leaflet about Starter Tenancies is available from your Housing Officer. The Tenancy Agreements are printed on green paper.’
If you would like more information about your tenancy please contact your Housing Officer via Aragon’s office. You can also seek independent advice from the Citizens Advice Bureau or your solicitor.
Joint Tenancy
The tenancy agreement is the same for joint tenants as for sole tenants. Each joint tenancy has equal rights and is responsible for meeting the obligations of the tenancy, including paying rent.
If there is a breach of the tenancy, the Association can take legal action against both joint tenants or only one of you.
If one joint tenant dies the tenancy will automatically continue for the surviving joint tenant who still lives in the property. This is called succession. The Association must be informed as soon as possible in order that the tenancy records can be changed.
If one joint tenant leaves the property and does not intend to return, you can ask for the Association’s permission to assign the tenancy to the sole name of the joint tenant who is staying. The Association will not agree to an assignment if there are any rent arrears outstanding, any other breach of tenancy or if the property is not a suitable size or type. If the joint tenants cannot decide who should keep the tenancy, only a court of law can decide this.
One joint tenant can end the tenancy by giving four weeks’ notice in writing to the Association.
For more information about joint tenancies please contact your Housing Officer.
Occupying Your Home
You must occupy the property as your main or principal home. If you expect to be away from the property for a long time it is advisable to discuss the matter with the Association to avoid any problems that could occur which may affect your tenancy.
Security of Tenure (Assured Tenants)
The Association cannot evict you without good reason and without obtaining a proper court order.
In the first instance, the Association will contact you to advise you of any problems or breach of your tenancy conditions and what you need to do to resolve the situation. If the breach of tenancy conditions continues the Association may serve a Notice Seeking Possession. This is the first step of legal proceedings and you should take this very seriously. You should seek independent advice, for example from the Citizens Advice Bureau, Housing Advice Centre or your solicitor.
The next step is when the Association applies to the county court for a possession order. A court will listen to both sides and will normally only grant an order for possession if it is satisfied that there is a serious breach of the tenancy conditions such as:-
- non payment of rent
- causing serious nuisance to neighbours
- causing damage or neglect to the property.
The grounds on which the Association could seek a court order for possession are listed in your Tenancy Agreement.
Please note: Assured Shorthold and Starter Tenancies offer less security. If you are an Assured Shorthold or Starter tenant, the Association can end your tenancy by obtaining a Court Order.
Succession
When a tenant dies, the tenancy will usually be granted to the surviving joint tenant husband or wife living in the home. This is called a succession.
If the tenancy is assured (not shorthold or starter) and there is no joint tenant husband wife or civil partner, it may be granted to another member of the household who has lived in the property for at least a year immediately before the tenant’s death. However alternative accommodation may be offered if the property is unsuitable or too large for the proposed tenant.
Where there is no automatic right of succession, the Association will consider an application from a household member. Each case will be considered on an individual basis taking into account full circumstances.
In the event of the death of a tenant, you should contact the Housing Officer and provide the Death Certificate.
Sub-Letting and Lodgers
The Association’s written permission is required before you sub-let part of your home. You will lose your tenancy if you sub-let the whole of the property.
Lodgers may be taken in without permission, unless there is overcrowding or you have an Assured Shorthold or Starter Tenancy, but if you have any doubts you should consult your Housing Officer.
Please remember that sub-letting or taking in lodgers could reduce entitlement to Housing Benefit.
Preserved Right to Buy
If you were a Central Bedfordshire Council tenant who transferred, you still have the Right to Buy (unless your property is retirement accommodation, or has been specially provided for older people and let for occupation by someone aged 60 years or more, or there are other reasons why you do not have a Protected Assured Tenancy).
You need to have been a tenant for a minimum of two years. Your home will be valued and any improvements you have paid for will not increase the valuation. You will be entitled to a discount depending on how long you have been a tenant.
If you are interested in buying your home or want more information please contact the Association.
Right to Acquire
The Right to Acquire is a scheme which helps some tenants to purchase the home they rent at a discount.
To qualify, the property must have been built by the Association with social housing grant funding on or after 1 April 1997. Properties transferred from a local authority on or after 1 April 1997 also qualify.
You must also have been:
- a tenant of public sector housing for 2 years (this need not be a continuous tenancy)
- live in a self-contained house or flat which is your only or main home.
Certain properties are excluded from the Right to Acquire, for example, some properties let to older people and properties designed with special features for letting to people with disabilities. Properties in rural areas may also be excluded.
For more information about the Right to Acquire scheme please contact the Association.
Quick links to sections in the Tenants Handbook:
Contents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
