Shropshire Council Tenancy Agreement and Conditions

Updated on

Contents of the Tenancy Agreement

THE AGREEMENT

  1. By signing this agreement, you are agreeing to become our tenant, and to abide with the terms and conditions of the tenancy.2.All Introductory Tenancies are for a twelve-month trial period with a statutory option to extend them for a further six months if we have specified concerns about the conduct of the tenancy.
  2. Whether the Introductory Tenancy will become a Secure tenancy at the end of the introductory period is determined in accordance with the Tenancy Policy.
  3. If there is no extension and no possession proceedings in progress at the end of the introductory period, the tenancy will automatically become a Secure tenancy. The types of tenancy you are being offered are set out in the box below and are explained in more detail in the Tenant Handbook.
  4. Secure Tenancies have no fixed term and are sometimes known as lifetime tenancies.
  5. If more than one person is named below, this is a joint tenancy and each person has the full responsibilities and rights set out in the Terms and Conditions.
  6. If more than one person is named below, this is a joint tenancy and each person has the full responsibilities and rights set out in the Terms and Conditions.
  1. Your landlord is Shropshire Council. You can serve any notices (including notices in legal proceedings) on us at the address set out below. This is our notice to you of our address as required by section 48(1) of the Landlord and Tenant Act 1987.

    Shropshire Council
    Guildhall
    Frankwell Quay
    Shrewsbury
    SY3 8HQ

    1. The landlord’s managing agent is Shropshire Towns and Rural Housing Limited (“STAR Housing”), Ptarmigan House, Shrewsbury Business Park, Sitka Drive, Shrewsbury, SY2 6LG. STAR Housing are an Arm’s Length Management Organisation (“ALMO” or “Managing Agent”). This is based on agreement with Shropshire Council to manage the homes, tenancies and neighbourhoods of the Council houses, flats, bungalows and garages. The role of the ALMO or Managing Agent includes collecting rent, ordering repairs and making improvements to all housing. Shropshire Council still owns all the homes.
    2. Please read this agreement carefully before accepting the tenancy. You are entering into a legal contract with us. If you need help to understand your Tenancy Agreement or any of the Terms or Conditions below, you must contact us as soon as possible or get advice from a solicitor or the Citizens Advice Service. Details of who to contact and how are in your Tenant Handbook.
    3. When the agreement has been signed, the conditions become binding on you as tenant(s) and the Council as landlord. You may lose your home if you do not keep to the conditions and you should notify the Council or our managing agent if you feel we have failed to meet our obligations.
    4. For data protection purposes, you agree that we may process personal information, which you have provided or has been provided by third parties, to perform the functions of managing your tenancy and the provision of general housing and support needs. Any processing will be undertaken in accordance with the provisions of the General Data Protection Regulations 2018 and any other relevant legislation and regulation and in accordance with our policies on disclosure or information and confidentiality. By entering into this tenancy agreement, you consent to such processing.
    5. Any legal notice or other communication arising from this Agreement will be validly served on you if served on you either by hand; by hand delivery to your property; by post at the property or your last known address or by any other valid means. It will be deemed that you have received all letters and notices the same day if we delivered them by hand; the second working day after posting if sent by first class post; or the third day if sent by second class post.
    6. You agree that, to the best of your knowledge, the information you have provided to us, in agreeing to the terms of this tenancy, is true. You must not carry out or commit any fraud related to your occupation of the property. Housing fraud can result in both criminal prosecution and civil financial penalties.

    THE TENANCY TERMS AND CONDITIONS

    1. SECTION 1: GENERAL

      1.1. Your Home

      1.1.1. Your home includes the house or flat, any fixtures and fittings that we provide and any garden, paths, hedges, outbuildings, garage and fences within the boundaries of your home.

      1.12. Your home does not include common entrances, halls, stairways, landings and other areas (including communal gardens and yards) that are used by you and by our other tenants or other occupants of neighbouring properties (called “shared areas” in this agreement).

      1.2. Notices

      1.2.1. For the purpose of section 48 of the Landlord and Tenant Act 1987, our address for the service of notices including notices in connection with legal proceedings is the address given in section 1 of this agreement or any other address that we provide to you for this purpose.

      1.2.2. Any legal notice or any other communication arising from this agreement or relating to your tenancy will be validly served on you if posted or delivered to your home or fixed to the main door of your home whether or not you are still living there.

      1.2.3. Nothing in this Tenancy shall give to any other person any benefit or the right to enforce any term of this Tenancy and you and/or we may vary or end this Tenancy without being required to obtain the consent of any other person.

      2. SECTION 2: RENT

      2.1. Your Duty to Pay Your Rent

      2.1.1. You must pay the total weekly charge (made up of rent, service charge, and other charges added together) listed in this Tenancy Agreement, a week in advance, every Monday.

      2.1.2. Payment must be made in advance of the rent being due.

      2.1.3. If your tenancy starts on a day other than a Monday, your first payment must include the rent due for that part of the week together with one week’s rent in advance.

      2.1.4. You will pay any rent arrears owing on another Shropshire Council Property, as set out at the start of this Tenancy Agreement above, in weekly instalments.

      2.1.5. Each joint tenant has a responsibility to pay in full the rent and all other charges listed in the Agreement above.

      2.1.6. If your Property is in supported accommodation with a community alarm and/or intensive housing management service, it is a condition of your tenancy that you pay for the services you receive.

      2.1.7. If you live in general purpose housing and currently, or at any point during your tenancy, you receive an intensive housing management service, it is a condition of your tenancy that you pay for the services you receive.

      2.1.8. If neither you nor any other member of your household can maintain and cultivate your garden in accordance with your obligations under this tenancy agreement, below and you have opted into the Gardening Scheme, we will carry out the work required on your behalf. The cost of being in the Gardening Scheme will be reflected in the payment schedule in the Tenancy Agreement above.

      2.2. Our Duties Relating to Your Rent

      2.2.1.We will retain on your rent account an amount of credit equivalent to four weeks’ rent which will be refunded at the end of the tenancy. Any additional credit will be refunded to you upon request.

      2.2.2.We may change your rent at any time. We will tell you of any change in rent before the change, but we reserve the right to change your rent even if you do not receive this notice. We will give you at least four weeks’ written notice of any increase or decrease in the rent payable.

      2.2.3.Changes in rent or other charges will normally happen annually in April, but this may not always be the case. Rents are set in accordance with the legislation and the regulatory framework which apply at the time of the change.

      2.2.4.Service Charges are calculated on a fixed basis. We may add to, increase, decrease, remove, reduce or vary the Services and/or Other Charges that are provided to you. The New Services and/or Other Charges shall not take effect until at least 4 weeks after the notice of variation is sent.

      3. SECTION 3: YOUR RIGHTS

      3.1. Right to Occupy

      3.1.1. You have the right to occupy your home without interruption or interference from us during this tenancy (except for the obligation to give access to us and our contractors as set out below) as long as you comply with the terms of this agreement.

      3.1.2. You have security of tenure only so long as you occupy your home as your only or principal home. If you stop living in your home as your only or principal home, you will lose security of tenure and this tenancy will no longer be secure. If this happens, we can give four weeks’ notice in writing to end the tenancy. If, at the expiry of the notice, your home is occupied, we will still need a possession order from the County Court.

      3.2. Succession

      3.2.1. Succession is where a tenant dies and their partner or relative takes over the tenancy. When you die, your tenancy may pass to your partner or a relative who has lived with you continuously for the 12 months before your death. The property must be their main home at the time of your death.

      3.2.2. If you, yourself, are a successor (for instance, because you have succeeded on the death of a previous tenant) then your partner and relatives will not have the right of succession.

      3.2.3. If your tenancy passes to a relative or your partner when you die, and the property is larger than their needs, or has been designated for a specific use such as a sheltered housing scheme for elderly people, we may ask them to move to another suitable property. We will take steps to find alternative accommodation. However, if they are unwilling to move and it is reasonable in the circumstances, we may seek a court order to gain possession of the property.

      3.2.4. In certain circumstances you may also have the right to assign your tenancy to someone who qualifies as a successor. You are advised to seek legal advice before proposing to assign your tenancy. You must complete any repairs for which you are responsible before assigning your tenancy.

      3.3. Occupation, Lodgers, Sub-letting and Right to Buy

      3.3.1. Lodgers can live with you provided it does not cause overcrowding or exceed the maximum number of occupants set out in the Tenancy Agreement above.

      3.3.2. Secure Tenants can sub-let part of their home with our written consent. It is a criminal offence to sublet the whole of the property.


      3.3.3. Introductory Tenants can only assign their tenancy in accordance with a Family Court order under the legislation which applies at the time the order is made.

      3.3.4. Secure tenants can assign their tenancy:

      • By exchanging tenancies, with our written consent, in accordance with the legislation and regulatory provisions which apply at the time of the application and with certain conditions which we will inform you of if consent is given
      • In accordance with a Family Court order under the legislation which applies at the time the order is made
      • To someone who would be eligible to succeed to the tenancy under the legislation and regulatory provisions that apply at the time of the application

      3.3.5. Secure Tenants have the Right to Buy their home except for supported housing or properties that are deemed, by us or our Managing Agent, to be substantially adapted which are excluded from the Right to Buy. Time as an Introductory Tenant will count toward the qualifying period and eligibility for discount for the Right to Buy.

      3.4. Improvements and Alterations

      3.4.1. Secure Tenants only have the right to carry out alterations or improvements to their home, with our express written consent. All improvements must be done to our satisfaction. You may be asked to remove, at your own expense, any structures you have added, and make good the fabric of the building. Alternatively, if we do not request removal, any alterations will fall under our ownership at the end of the tenancy.

      3.5. Policies, Legislation and Personal Information

      3.5.1. You have the right to see our policies and those of our managing agents and contractors.

      3.5.2. You have the right to see certain personal information relating to your tenancy or housing application. The main rights that you have (which may be limited in the case of special categories of data) are to see the contents of electronic and manual files; have a copy of the file or parts of it if you pay a charge; and ask for any information that is not accurate or not needed in the file to be corrected or removed.

      4. SECTION 4: YOUR DUTIES AND RESPONSIBILITIES

      4.1. Use and Occupation of Your Home

      4.1.1. You must occupy the property as your only or principal home. We will take steps to serve the required notice and recover possession of the property where we do not believe you are living there. You must inform us immediately if you know that you will be away from the property for more than four consecutive weeks.

      4.1.2. You must move into the property by the tenancy start date in the agreement above. If you do not you may not be able to claim support with your housing costs.

      4.1.3. If we have evidence that you have not moved into your property or that you have moved out without telling us, we may, for safety reasons, tell the electricity, gas and water services that we believe your property is empty.

      4.1.4. You are responsible for insuring your contents against deliberate, malicious, criminal or accidental damage.

      4.1.5. You are responsible for ensuring the number of people living in the property does not either exceed the maximum number of occupants set out in this Agreement or result in statutory overcrowding.

      4.1.6. You must supply us with details of any person who is living with you in the property and immediately upon any change to such details. You must also inform us and our Managing Agent immediately upon the death of any person who has a right to reside with you at the property.

      4.1.7. The Council or its Managing Agent may conduct tenancy audits of the property. If requested, you must provide proof of your identity and anyone living with you.

      4.1.8.You must only use the property as a private dwelling house. You must not run a business from the property without our written consent. For this purpose, businesses include but are not limited to:

      • A vehicle maintenance business
      • A printing business
      • Any business where you must use hydraulic equipment, industrial machinery or chemicals
      • A shop or wholesale business where customers would have to visit your property
      • Any business that would mean business vehicles would be parked at your property or in the area near your property. For example, if you wanted to run a vehicle-hire company, delivery business or taxi business
      • An animal breeding business
      • A haulage or lorry business

      4.1.9. If the property has a door entry system you must use it properly and must not prop or allow doors to be propped open. You will be recharged for the cost of any replacement keys or key fobs for door entry systems.

      4.2. Overcrowding

      4.2.1. You will not allow more than the permitted number of occupants (which is given in the “Maximum Number of Occupants” section, above) to live in your home, without our prior written permission.

      4.3. Access

      4.3.1. You must allow us, our Managing Agents and contractors reasonable access to your property to inspect the condition of the property and to carry out general repairs and improvements. This includes inspections and servicing of the gas and electrical supply, gas appliances, solid fuel and other forms of heating systems, asbestos safety checks, fire safety checks, treatment for pest or vermin infestation or to carry out repairs.

      4.3.2. We will normally give you at least 24 hours’ notice if access is required, but you will give immediate access in an emergency. If you do not give immediate access or you are not at home in an emergency, we may enter your home.

      4.3.3. You will allow us to show prospective new tenants around your home if you have given us notice to terminate your tenancy. If we want to do this, we will give you at least 48 hours’ notice.

      4.3.4. You must ensure safe access for us, our Managing Agent or our contractors in order to inspect, carry out repairs, gain access to roofs and loft spaces or for any other reason including the annual gas safety inspection.

      4.3.5. You must not allow an accumulation of personal property to prevent or obstruct any inspection, repairs or access to the property.

      4.3.6. Should we require the property to be empty for works, repairs or improvements to be carried out you must, on reasonable notice, move to suitable temporary accommodation for the duration of the works, repairs or improvements. You must leave the temporary accommodation and return to the property on completion of the works, repairs or improvements.