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
- You must take care of the property and keep it clean and well decorated.
- 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.
- 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
- 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).
- You must keep any outbuildings, garages, sheds or other structures that are part of the premises in a reasonable condition.
- 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
- 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.
- 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.
- 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 long as the council’s written permission is obtained beforehand (which will not be unreasonably withheld) and you undertake to carry out the work to an acceptable standard, you may:
- decorate the exterior of the premises
- carry out structural alterations or make additions to the premises
- alter or add any fixtures to the premises
- If you live in a property with a communal garden, permission will not be granted to erect a free-standing structure, such as a shed or greenhouse.
- Alterations undertaken by you may be subject to building control or planning restrictions and you must obtain these where appropriate in addition to the permission of the council as landlord.
- The council will not normally be liable for repairing or maintaining any installation fitted by you. You may also be asked to remove or put back any alterations when you leave.
- If you (or your agent) fail to comply with conditions stipulated by the council for carrying out work and the council reasonably incurs expenditure in putting right defective works or replacing defective materials, then the council may take legal action to recover costs from you.
- If you want to alter gas or electrical installations, these must be done by a qualified engineer and certified on completion.
3.0 Use of your home
3.1 Properties with shared areas
- 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.
- 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.
- 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.
- 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
- You must move into the property once you have signed the tenancy agreement.
- You must occupy the premises as your only or main home.
- You must give the council reasonable notice before being absent from the premises for a period of more than three calendar months.
- At all times, whether absent or otherwise, you must take such steps as are reasonably necessary to ensure that the property is kept secure.
- 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.
- You must not sub-let any part of the property.
- 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
- 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.
- 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:
- 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.
- The use of portable gas, oil or paraffin heaters in the property.
- The storage of any engines/motorbikes/other motorised vehicles in the property.
- Interference with equipment for detecting or putting out fires.
- Carrying out unsafe electrical, D.I.Y or other work in the property.
- Throwing things out of windows or balconies.
4.4 Pets
- 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.
- 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.
- 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.
- 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.
- You may not keep a pet if you live in a Category 2 Sheltered Scheme with shared entrance, rooms and corridors.
- 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
- 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).
- 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.
- You, (or anyone living with you, or visiting your home), must not park anywhere that could obstruct emergency services.
- 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.
- 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:
- 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.
- 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.
- Keeping illegal weapons on the property.
- Threatening behaviour at the property or in the local area with or without an offensive weapon.
- 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
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.