Harrogate introductory tenancy agreement

If you are new to renting from us, your initial contract with us is called an introductory tenancy agreement.

 

Definitions

Our introductory tenancy agreement uses the following terms and phrases which we have included definitions for here.

You / the tenant

The persons named on the tenancy agreement.

We / us / our / the council

North Yorkshire Council, councillors, officers of the council or any contractor or agent (person) we may appoint to act on our behalf.

General needs housing

General needs housing is for people of all ages as opposed to housing specifically for the elderly or people with disabilities etc.

Gross charge

The total amount of rent and charges relating to the property that you are liable to pay. This does not take into account any Housing Benefit or other benefits you may be getting.

Locality

The estate or village where your property is situated in. It refers to all streets and properties in the area.

Lodger

A person who pays money to live with you in someone else’s property. As an introductory tenant you do not have the right to take in lodgers.

Neighbours

Includes any person living in the local area that could be affected by your activities, no matter who their landlord is.

Notify / notified

To be informed/told of something in an official manner.

Property / premises / home

All refer to the house, flat, or bungalow you live in, including any garden and outbuildings but not including any shared areas.

Rent arrears

If a tenant is in rent arrears, their rent has not been paid on time and the tenant is behind with their rent payments.

Shared areas

A shared or communal area is a part of a building or estate which all tenants can use, for example halls, stairways, entrances, landings, shared gardens, lawns and landscaped gardens.

Sub-let

To sub-let is giving another person the exclusive right to live in part or all of your property. As an introductory tenant you do not have the right to sub-let.

Written permission

Any written communication we send you giving you permission to do something.

Part A - your introductory tenancy agreement

False information

It is a term of this Introductory tenancy agreement that you (or anyone acting for you) must not have knowingly made a false statement or deliberately withheld relevant information from us in order to obtain this tenancy. If it is later found that you have done this, action may be taken against you which may result in you losing your home.

The information contained on your housing application form and on this tenancy agreement may be released to bodies responsible for auditing the council’s use of public funds, in respect of the National Fraud Initiative, to detect fraud against the public purse and the council. This information may be shared for the same purposes with other organisations who handle public funds.

1.0 Tenancy information

1.1 You are an introductory tenant. If the council does not take action to repossess your home during your trial period or decides to extend the trial period by 6 months, you will automatically become a secure tenant. The tenancy may only be ended on the order of the county court by following the procedures set out in Section 124 of the Housing Act 1996. In this tenancy agreement we set out the tenancy conditions that if broken could form the grounds of the council to apply for a court order to evict you.

1.2 You need to be aware that it is much easier for the council to evict you from your home if you break your tenancy conditions whilst you are an introductory tenant. As long as we follow the correct procedure the court has no discretion and must give us a possession order if we ask for one.

1.3 Your tenancy is a weekly tenancy, which runs from Monday to Sunday. You must pay your rent by Friday each week or you will fall into rent arrears, which is a serious breach of your tenancy.

1.4 Varying the terms of the tenancy

  1. The council may vary the terms of this agreement, or the services provided under the tenancy agreement, after consultation with tenants and giving four weeks’ notice in writing to the tenant.
  2. The rent may be altered by the council after the tenant is given four weeks’ notice in writing, usually once a year.
  3. The council has the right to charge you for any new service provided for your home. The cost may be charged as part of your rent. The council will tell you, in writing, at least four weeks before any new service is introduced.

2.0 What happens after your 12 month introductory tenancy period? 

2.1 All new tenants are issued with a 12 month introductory tenancy; essentially this is a trial period. If during your introductory tenancy you show the council that you are responsible enough to look after a council home, you will be offered either a secure tenancy or a fixed term tenancy. It is important that you understand which tenancy you will be offered.

2.2 You will be offered a lifetime secure tenancy agreement if your council home is either:

  • a one bedroom property
  • an age-restricted property (over 45, 50, 55 and 60 years old)

The lifetime secure tenancy will commence immediately upon the successful completion of your introductory tenancy.

2.3 You will be offered a 5 year fixed term tenancy if your council home has two or more bedrooms unless either of the following apply:

  • the property is sheltered accommodation, in this instance you will be granted a secure tenancy
  • you have an existing secure tenancy with another local authority or you are an assured tenant of a housing association.

The 5 year fixed term tenancy will commence immediately upon the successful completion of your introductory tenancy.

2.4 If you would like more information on fixed term tenancies, please ask your housing officer for a frequently asked questions sheet.

3.0 Notices

3.1 If the council decides to take action to end your tenancy the council will inform you by delivering the legally required notice to the address on the tenancy agreement. The notice will be left at the property, given to you in person, given to another person at the property, or sent to you by registered post and in this form the notice will be treated as being legally served upon you as the tenant. If we need to send you any other legally required notice we will use the same procedure.

3.2 If you wish to serve a notice upon the council by post, you should use the address below:

Harrogate Borough Council
PO Box 787
Harrogate
HG1 9RW

If you wish to serve a notice by hand, use the address below:

Harrogate Borough Council
Civic Centre
St Luke's Avenue
Harrogate
HG1 2AE

Part B - our responsibilities to you

1.0 Possession

1.1 We will give you the keys and possession of the property at the start of your tenancy.

1.2 We will not interfere with your rights to live in the property unless you fail to carry out any of your obligations set out in this agreement.

2.0 Your right to occupy

2.1 We will not interrupt or interfere with your right to live in your home whilst your tenancy continues unless:

  1. We, our agents or contractors need to come in to your home, subject to reasonable notice, to inspect the state of repair, carry out necessary repairs, improvement work or to service appliances.
  2. There is an emergency such as a fire or flood.
  3. The tenancy has ended and we are entitled to possession.
  4. We believe that you have abandoned the property with no intention of returning.
  5. A court order, for example a warrant or an injunction, has been granted allowing us to access your home or allowing us to deny you access to your home.

3.0 Repairs

3.1 The Council shall keep in repair the structure and exterior of the premises including the following:

  • drains, gutters and external pipes
  • the roof
  • outside walls, doors and windows
  • internal walls, skirting boards, door frames, floors and ceilings, but not including internal painting or decoration
  • chimneys and chimney stacks, but not including sweeping of chimneys
  • fences, gates, sheds and garages erected by the council
  • paths, steps and other means of access to the premises
  • glass to windows and doors

The council shall also keep in repair and working order existing installations for the supply of water, gas and electricity, for sanitation and for space and water heating, including:

  • water and gas pipes and electric wiring
  • electric sockets, lights fittings and other fixed electrical fittings
  • basins, sinks, baths, toilets, flushing systems and waste pipes
  • water heaters, boilers, fireplaces, fitted fires, heaters and radiators

3.2 Repairing shared areas

The council will take reasonable care to maintain shared entrances, halls, stairways, lifts, passageways, rubbish chutes, lighting, communal TV aerial systems, laundries and other shared areas.

The council will make reasonable arrangements to keep all outside shared spaces and hedges on housing estates and developments reasonably tidy.

3.3 Decorating shared areas

The council will decorate shared areas of blocks of flats when considered by the council to be necessary or according to a planned maintenance programme.

3.4 In order to ensure we can meet our responsibilities we need to be able to access your property. Please see, Part C. Section 2.6 of your agreement.

4.0 Anti-social behaviour

4.1 The council will give you, and anyone living with you, help and advice if you report or feel you are being a victim of anti-social behaviour. We will investigate your complaint, keep you informed and take action that the council considers appropriate to tackle the problem

4.2 We will keep you informed about what action is being taken.

5.0 Consultation

The council will consult tenants who are likely to be substantially affected by a change in the council’s housing policy or practice. This includes any new programmes of maintenance and improvement to your home.

6.0 Insurance

  1. We will insure your home (the building) and any fixtures and fittings in it, which belong to us.
  2. We do not insure for lost keys to your property, it is your responsibility to replace the keys/call a locksmith.
  3. You remain liable for insuring your own contents, personal belongings and any other items for which you are responsible.
  4. The council works with reputable insurance companies, to offer you tenant’s home contents Insurance. You can pay for the insurance on a weekly, monthly or annual basis. For further details about the scheme please telephone your housing office.
  5. If you choose not to take out this particular insurance, you are advised to still take out your own insurance and notify your housing officer.

Part C - your responsibilities to us

This section explains what your responsibilities as a tenant are, please read this section carefully, as it applies to you, members of your household and people visiting your property. The following areas are covered:

  • rent
  • repairs
  • your home
  • nuisance and anti-social behaviour

If you would like further information, please read the tenant’s handbook or contact your housing officer.

1.0 Your rent

1.1 You must pay the Gross Charge (rent and other charges relating to the property) weekly; unless the council notify you in writing that no payments are due. If you receive housing benefit you will be expected to pay this to the council together with any remaining amount due if the total amount of benefit does not cover the gross charge in full.

1.2 Rent payments are due weekly. If you wish to pay fortnightly or monthly you must pay in advance.

1.3 The council will write to you if the Gross Charge for the property increases or decreases. You will be expected to pay the new amount from the date notified in the letter.

1.4 If you receive housing benefits, it is still your responsibility to ensure that your rent is being paid in full. If your housing benefit is stopped, for whatever reason, it is your responsibility to make all necessary enquiries to ensure, where appropriate, that it is put back into payment.

1.5 Non payment of rent

If you do not pay your rent or other charges, and any previous debts when they are due, the council may ask the court to make an order against you for possession of your home. The council may then take steps to evict you. If the council has to do this you may have to pay legal costs as well as the rent that you owe.

1.6 Previous tenancies

If you owe money from a previous tenancy with the council you must sign the agreement you have been given with this tenancy agreement. By signing this agreement you are agreeing to repay this debt. If you do not repay this debt we have the right to ask the court to make an order against you for possession of your home.

2.0 Repairs

2.1 Reporting Repairs

You must promptly report any disrepair, defects or faults to your property by contacting us. *** CONTACT US ***

2.2 This includes disrepair or faults to the structure or outside of the property, including drains, leaking pipes and faults or disrepair in shared areas.

2.3 Your responsibilities

You are responsible for the following items:

  • internal re-decoration
  • repairing damage caused by a member of the household or visitors 
  • replacing lost keys 
  • fitting curtain track battens 
  • renewing plugs and chains to sinks, baths and basins 
  • renewing electric light bulbs, tubes and starters for fluorescent light fittings, plugs and fuses 
  • making good minor cracks and holes in plaster 
  • renewing individual TV or radio aerials and satellite dishes; (note that permission is required from the council before these items are installed)
  • door bells (unless they are part of the electrical installation)
  • wooden sheds (please note: this does not apply if you have a communal garden)

2.4 Care of the property

  1. You must take care of the property and keep it clean and well decorated.
  2. You may also have to pay for the cost of any repair if it results from damage or neglect from yourself, a member of the household, or visitors to your property.
  3. You must take reasonable precautions to prevent frost damage occurring to any pipes or other installations to the premises, provided the pipes or other installations are adequately insulated by the council. You should not do anything that may cause blockages to sinks, toilets, drains and sewers or cause fire damage to the property.

2.5 Care of the garden, outbuildings and other external areas

  1. You are responsible for the upkeep and reasonable maintenance of the garden, including hedges, shrubs and trees (unless the garden area is shared with others). 
  2. You must keep any outbuildings, garages, sheds or other structures that are part of the premises in a reasonable condition.
  3. You must have written permission from the council before planting any trees in your garden or in communal areas around your home.

2.6 Access for repairs

  1. The council will give you at least 24 hours written notice after which you must allow officers of the council, or its agents, entry into the property for the purposes of inspecting the state of repair, carrying out necessary repairs, improvement work or to service appliances. If you do not allow us entry to the property, the council may apply to court to gain an injunction or possession order. You may have to pay the council’s costs for the action.
  2. Officers or agents of the council may enter the property using such means as may be necessary without giving notice if, in the opinion of an authorised officer of the council, entry is necessary because of an emergency from which personal injury or damage to Council or adjoining property might result. In such an event the Council will make good any resultant damage to the property and will leave it secure. 
  3. The council regard the servicing of gas appliances as an emergency, therefore, action will be taken if you do not allow entry into the property. 

2.7 Alterations, additions or improvements

As an introductory tenant you do not have the right to make improvements to your home. You are allowed to decorate your home.

3.0 Use of your home

3.1 Properties with shared areas

  1. If you live in a block of flats, you and the other tenants are responsible for cleaning shared areas, e.g. entrances, hallways, staircases and landings, unless the council has notified you that a person has been employed to undertake the cleaning.
  2. You must make sure that shared areas, entrances, hallways, staircases, passages or bin cupboards are not blocked. You or any people living in or visiting your home must not leave any items and rubbish in shared areas.
  3. You, or anyone living in or visiting the property, must not do anything in, or to, shared areas of the property that may cause a nuisance to other users of those areas, or that will cause damage to shared areas. For example: car breaking, car repairs, bonfires, games or parties or any other behaviour that may cause a nuisance. 
  4. You, or anyone living with you, or visiting your home, must not interfere with security and safety equipment in communal blocks -doors should not be jammed open and strangers should not be let in without checking their identity.

4.0 Occupying your home

  1. You must move into the property once you have signed the tenancy agreement.
  2. You must occupy the premises as your only or main home.
  3. You must give the council reasonable notice before being absent from the premises for a period of more than three calendar months.
  4. At all times, whether absent or otherwise, you must take such steps as are reasonably necessary to ensure that the property is kept secure.
  5. You must notify the council of all the occupants living in the property, other than temporary visitors, and must notify the council of any changes to the permanent occupants of the premises.
  6. You must not sub-let any part of the property.
  7. You must not assign or exchange your tenancy.

4.1 Rights of way

You must allow, and be entitled to, a free and unobstructed right of access across any common paths and passageways leading to, or from, the property, or any adjoining or other property.

4.2 Business use

  1. You, or anyone living with you, must not run a business from your home without the council’s agreement in writing. Permission will not be unreasonably withheld but consideration will be given to the likely impact of the business on neighbouring properties.
  2. Things that might lead to permission being refused include, but are not limited to; noise caused by the business, smells, large numbers of visitors and other general nuisances caused by the business.

4.3 Health and safety

You, members of your household or any visitors to your home, must not do anything, or cause anything to be done, which is likely to cause a danger to anyone in the property or locality. 
This includes, but is not limited to:

  1. The storage of dangerous and/or inflammable materials or fuels in the property, outbuildings, communal areas or garden apart from those for general household use.
  2. The use of portable gas, oil or paraffin heaters in the property.
  3. The storage of any engines/motorbikes/other motorised vehicles in the property.
  4. Interference with equipment for detecting or putting out fires.
  5. Carrying out unsafe electrical, D.I.Y or other work in the property.
  6. Throwing things out of windows or balconies.

4.4 Pets

  1. You must not allow any animals or pets of your own, or that you are responsible for, or that are visiting your household, to cause annoyance or nuisance to neighbours and the public or anyone living in the locality, or to cause damage to any property.
  2. You must not allow your property or garden to become unhygienic due to a build-up of your pets’ faeces (fouling), and if any pet you own, or are responsible for, fouls in the shared areas, you are responsible for cleaning this up.
  3. You must keep any pets you own or are responsible for under control. This also applies to any pets your visitors bring with them to the property.
  4. You must make sure that any animal is reasonably and suitably restrained when any council employee, contractor or agent we may appoint to act on our behalf is visiting your property.
  5. You may not keep a pet if you live in a Category 2 Sheltered Scheme with shared entrance, rooms and corridors.
  6. You must not keep any pets that pose a danger, or threat of danger to your neighbours and the public, or to anyone in the locality.

4.5 Parking

  1. You (or anyone living with you, or visiting your home) must not park a vehicle anywhere on your property except on a hard standing (a driveway or area intended for parking). 
  2. Commercial vehicles, caravans, motor homes and boats must not be parked on the garden, driveway or hard standing area around your home or on any communal parking areas without the council’s agreement in writing, which will not be unreasonably withheld. Vehicles that are untaxed, un-insured or un-roadworthy must not be parked on council land without the written permission of the council. 
  3. You, (or anyone living with you, or visiting your home), must not park anywhere that could obstruct emergency services.
  4. If your property has a designated residents’ parking space, only you and your legitimate visitors may park there. You must not give or sell the parking place to anyone else.
  5. You (or anyone living with you, or visiting your home) must not park on the grass verges in the locality of your property.

5.0 Nuisance and anti-social behaviour

5.1 The council is firmly opposed to anti-social behaviour. You must take all reasonable steps to prevent anyone living at or visiting the property from causing any nuisance, annoyance, offence or harm to any:

  • neighbour
  • other tenant of the council
  • businesses or services operating in the locality
  • officers of the council, or any of its agents or contractors
  • other person living, visiting or being in the locality

5.2 You, members of your household, or any visitors to your home must not do anything or cause anything to be done which is likely to cause nuisance, annoyance or harassment to others residing in, visiting or within the locality.

5.3 This includes, but is not limited to the use of any words, or the performance of any acts (including graffiti and damage to property), which are likely to be abusive or insulting on any grounds including colour, race, nationality, sexual orientation, age, gender, religion or disability.

5.4 If anyone living in or visiting the property causes nuisance, annoyance, offence or harm you will be held responsible as if you had committed it yourself. You must ensure that no damage is caused by you or anyone living in or visiting your home.

5.5 You or any member of your household or visitors to your home must not undertake any of the following activities:

  1. Using your home or any other council property for illegal or immoral purposes. In particular, the council will not tolerate the property being used in connection with the possession, use, supply of, dealing or growing illegal drugs or substances.
  2. You must not use the property, or the locality of the property, for the supply of any controlled drug or other substance that is illegal under the Misuse of Drugs Act 1971 or any other part of the criminal law. You must make sure that no member of your household, or any lodger, sub tenant or visitor carries out such an act. If they do you will be responsible as if you had committed it yourself.
  3. Keeping illegal weapons on the property.
  4. Threatening behaviour at the property or in the local area with or without an offensive weapon.
  5. Causing malicious damage, including drawing graffiti, to your property or any public property in the locality.

5.6 If you do undertake any of the activities listed in Point 5.5, the council may take immediate legal action against you as the tenant of the property.

5.7 Noise

  1. You, or anyone living with you or visiting your home, must not create or permit any noise which causes a nuisance to people in the locality. 
  2. You must not operate any device or equipment or do any activity which creates so much noise that it causes nuisance or annoyance to your neighbour or other persons living or visiting the local vicinity. 

This includes, but is not limited to:

  • playing any television, radio, musical instrument or music playing appliance or recording equipment too loudly
  • excessive use of power tools
  • unreasonable use of electrical equipment and appliances 
  • activities such as parties, which might cause justifiable complaint due to noise levels or timing

5.8 Children

You must exercise reasonable control over children in your household and any children visiting your home to prevent them causing a nuisance or harassing neighbours and the public.

5.9 Harassment

You must not commit or allow members of, or visitors to, your household to commit any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, age or disability which may interfere with the peace and comfort of, or cause offence to, any others residing in, visiting or offering services in the locality.

5.10 Racial harassment

  1. The council will not tolerate racial harassment. You must not cause racial harassment and must take all reasonable steps to prevent anyone living in or visiting the property from doing so.
  2. Discrimination, intimidation, or harassment because of someone’s race will include any act of verbal or physical abuse directed at individuals or groups because of their colour or origin, when the victim believes that the attack is of a racial nature or there is direct evidence of a racial motive. It is very different from other forms of harassment. 
  3. Racial harassment is a crime and, like all forms of harassment, you will be breaking the conditions of your tenancy if found guilty of it.

5.11 Behaviour towards council employees

  1. You must not physically or verbally abuse council employees, Councillors, officers of the council or any contractor or agents we may appoint to act on our behalf.
  2. Physical abuse includes, but is not limited to, any actual or threatened assault, attack, violent act or aggression directed towards any of our employees. You must make sure that no member of your household, or any other lodger or sub tenant or visitor commits any such act. If they do you will be held responsible as if you had committed it yourself.

5.12 Domestic violence

You must not inflict domestic violence, threaten violence or use mental, emotional or sexual abuse against your partner, ex-partner or another member of your household. Where a member of the household has to leave the home due to domestic violence inflicted by another member of the household, the council may seek possession of the property if firm evidence is obtained that the victim has left the property as a result of domestic violence.

Part D - your rights

1.0 The right to occupy

1.1 You have the right to live in your home/property without being disturbed by the council or any other person(s) acting on the council’s behalf as long as you keep to this agreement. However we, or someone acting on the council’s behalf, may have to enter your home to carry out essential repair and/or maintenance work. The circumstances in which will we will do so are set out in PART C, 2.6. Additionally, we may on occasion, need to visit you to discuss matters relating to your tenancy

2.0 The right of succession

2.1 If you die, it may be possible to pass on your tenancy to your spouse or civil partner. This is known as succession. There can only be one succession to a tenancy. In special circumstances consideration may be given to the granting of a new tenancy of the same or alternative accommodation to close family members.

The succession would be to the remainder of your introductory tenancy.

3.0 The right to exchange

3.1 As an introductory tenant you do not have the right to exchange your home with any other tenant.

4.0 The right to take in lodgers

4.1 As an introductory tenant you do not have the right to take in lodgers.

5.0 The right to sub-let

5.1 As an introductory tenant you do not have the right to sub-let any part of your home.

6.0 The right to repair

6.1 The council is required to carry out certain urgent repairs within specified time limits and if the tenant notifies the council that the contractor has failed to carry out the repair within the set time limit, the council will instruct a second contractor to carry out the work. It is also your responsibility to ensure that you are in on the time / date agreed with the contractor for them to access your property.

7.0 The right to improve

7.1 As an introductory tenant you do not have the right to make any improvements to your home. You are allowed to decorate your home.

8.0 The Right to Buy

8.1 As an introductory tenant you do not have the right to buy your home. However, if you go on to be a secure or fixed term tenant and do buy your home, the period you spend as an introductory tenant will count towards any discount you may be entitled to.

9.0 The right to information

9.1 You have the right to information about your tenancy including the right of access to your tenancy files.

10.0 The right to consultation

10.1 You have the right to be consulted about proposals for changes including the way we manage, maintain, improve, demolish, sell or transfer council homes, or changes to services or facilities for council tenants.

11.0 The right to manage

11.1 Tenants’ management organisations have the right to take over the management of their homes. The right only applies to council tenants and council leaseholders.

Part E - ending your secure tenancy

1.0 Ending your tenancy

  1. If you wish to bring the tenancy to an end, four weeks’ notice must be given in writing to the council, to expire on a Monday.
  2. The whole of the property must be vacated and all keys delivered to your housing office no later than noon on the Monday, on which the tenancy terminates. If the keys are not delivered by this time a charge may be made for the loss of the rental income suffered by the council.
  3. When handing in your notice, you must leave a forwarding address and fill in a tenancy termination form.
  4. You must continue to pay rent and other charges until the tenancy has ended.

2.0 Condition of property at the end of your tenancy

  1. You must leave the property and the council's fixtures and fittings in reasonable condition and remove all the contents and rubbish. You will be responsible for meeting all reasonable removal and storage costs when items are left in the property. 
  2. The council will remove and store any left items that appear to be of value for a period of one month. The council will notify the tenant at the last known address. If the items are not collected within one month, the council will dispose of the items and you will be liable for the reasonable costs of disposal. The costs may be deducted from any sale proceeds and if there any costs remaining they will remain your liability. 
  3. It is your responsibility to take meter reading and contact council tax, gas, electric, and water, telephone and TV media companies to let them know you are moving. 
  4. You must allow us to inspect your home, provided we have given you reasonable notice, before the end of the four week notice period.

If you have any questions about the tenancy agreement, please contact your housing officer.