Your tenancy
You signed a tenancy agreement when you became our tenant. This
agreement sets out what we have to do as your landlord to keep your
home in good repair and the rights that you have as a tenant of the
property.
The agreement also sets out your responsibilities as a tenant
living in one of our properties. In summary we ask that you:
- pay your rent on time
- live peacefully with your neighbours; and
- keep the inside and outside of your home in good condition
If your tenancy started after April 2009 you would have been
given a Starter Tenancy. This means that the first 12 months of
your tenancy will be an assured shorthold tenancy. The first 12
months are a trial period during which time you must demonstrate
that you are responsible enough and able to look after your
home.
If you abide by the conditions of tenancy in their entirety your
tenancy will be automatically convert to an assured non-shorthold
tenancy at the end of the 12 month period.
If your tenancy began before April 2009, or your tenancy has now
converted, you will have an assured tenancy. Assured tenants
have full security of tenure. This means that you have the right to
stay in your home as long as you live in it as your main home and
keep to your tenancy agreement.
Tenants who transferred from Bath and North East Somerset
Council in 1999 have extra rights which are set out in their
tenancy agreement – these are known as protected rights.
We will tell you if you break your tenancy agreement and
depending on how you have broken your agreement we will usually
give you the opportunity to put it right. We can only make you
leave your home after taking the proper legal action and gaining a
court order. We use eviction as a last resort in serious cases
where tenancy conditions have been broken.
Apart from changes to the level of rent or service charges we
can only vary the conditions of a tenancy agreement by consulting
you and all other tenants affected.
Changes to your household
Relationship breakdown
If you have a joint tenancy and your relationship breaks down,
you will need to speak to us to discuss what this means for your
tenancy. One of you may be able to transfer the tenancy to the
person left in the house. You will only be able to do this if the
rent account is clear. If you are not on good terms with your
ex-partner, this may have to be decided by a judge in court. The
court’s decision will be influenced by whether you have children,
who looks after the children, and the length of time you have been
together.
A new marriage or relationship
If you have a new partner, wife or husband who moves into the
property and you would like them to become a joint tenant, you will
need to speak to us to discuss what this means for you. They can
live in the property without becoming a joint tenant.
For more information and advice, contact your Neighbourhood
Services Officer.
Help when a relative dies
Please let us know straight away if someone close to you who is
our tenant has died. We understand that this is a difficult time
and we will deal sensitively with any questions you might have
about making arrangements to end the tenancy.
Please note that the following information only
applies when you have a full assured tenancy and does not apply
whilst you are a Starter tenant and are in the first 12 months of
your tenancy.
Lodgers and subletting
A lodger is someone who lives with you
and shares your facilities and all your rooms. We will not
withhold permission if you want to take in a lodger, but you
should let us know the date the person moves in, their date of
birth and sex.
Subletting is when someone uses part
of your home but can stop you entering their part of the property.
We will not withhold permission for you to sublet as long as it
does not involve the whole of your property and you continue to
live there. We will need to know the date the person moves in,
their date of birth and sex.
You should remember not to overcrowd
your home. If you receive housing benefit, it is important that you
tell the council about the lodger or person who is subletting, as
this will affect the amount of housing benefit you will
receive.
Succession
Your husband or wife will be able to take over the tenancy if
you die, as long as you did not succeed to the tenancy yourself and
they were living with you at that time.
A partner or close family member may also be able to take over
the tenancy if you die and if they had been living in the property
as their main home for more than 12 months before your death.
In both cases we would need proof that it was their main home
and that they had been living there for more than 12 months. If the
home is too large for the person succeeding to the tenancy, we may
ask them to move to a property more suitable for their needs. This
only applies to other family members and not to your wife, husband
or partner who will be able to stay in the same home. Please ask us
if you need more information on succession.