Assured Tenancy Agreement
Welcome to Beyond Housing
At Beyond Housing we want you to enjoy living in your new home. We feel it is important that right from the start of your tenancy, you clearly understand what you can expect from us as your landlord, and what we expect from you as our customer.
This tenancy agreement clearly sets out your rights and responsibilities as a Beyond Housing customer, as well as details our responsibilities to you as your landlord.
We are committed to ensuring your home and the services we provide are of a good quality. We want all our customers to live peacefully in the community, free from antisocial behaviour, so we expect you to look after your home and treat your neighbours with respect and in the same way you would wish to be treated.
We expect you to pay your rent on time. It doesn’t matter whether you pay us directly or you are eligible to claim benefits, it is your responsibility to make sure it is paid in full to us, when it should be paid.
This tenancy agreement is a contract between us and sets out reasonable expectations. If we get it wrong, or fail to meet our responsibilities as your landlord, we expect you will give us the opportunity to put it right. If you break your side of this contract, we will tell you and give you chance to put things right. If you still don’t put things right then we will take legal action, which may result in you losing your home.
We feel having this clear, firm and fair approach ensures our customers can live happily in their homes.
About the tenancy agreement
By signing this agreement you are agreeing to become our tenant.
This tenancy is a legally binding contract between you and us. We will explain the agreement to you, but if there is anything you do not understand, please ask a member of our staff or seek independent advice and information from the Citizens Advice Bureau, Shelter or a solicitor.
If you are a joint tenant, the term ‘you’ refers to everyone who signs this tenancy agreement. Each of you is jointly and individually responsible for all aspects of this tenancy agreement including payment of rent.
Altering the agreement
We can make changes to the rent or service charge for your home, or as a result of government legislation. Other changes to the terms of this tenancy agreement can be made if we both agree the change or through the variation process set out below:
We will provide you with written details of the proposed changes and a statement explaining their effect. We will ask for your comments and give you a reasonable time to reply, usually 28 days.
We will consider any comments we receive before making a decision.
We will issue a written notice of variation stating the new wording and giving you 28 days’ notice before the changes take effect.
We will make no variation if it would reduce your security of tenure, reduce your rights under this agreement or reduce our responsibility to repair.
Data protection
As part of your tenancy with us, we will need to process personal identifiable information (PII), and occasionally special category PII, about you. The processing of PII is governed by both the General Data Protection Regulation 2016/679 (GDPR) and the Data Protection Act 2018 and we are classified as the data controller under these legislations.
Complaints
If you feel we have not kept to the terms of this agreement or you are unhappy with any service we provide, you have the right to make a complaint through our formal complaints procedure. We can provide you with a copy of our complaints policy on request. Before you make a complaint formally, we would expect you to try to resolve the complaint informally first by speaking to or writing to the manager whose service you are unhappy with. If you do make a complaint, we will investigate in accordance with our complaints policy.
If you are still unhappy with our response, you can take advice from the Citizens Advice Bureau, Shelter, your local MP, the council or a solicitor. As a final step you can contact the independent Housing Ombudsman service.
Notices
Under section 48 of the Landlord and Tenant Act 1987, our address (including for receiving legal or other communication relating to the tenancy) is:
Beyond Housing, Brook House, 4 Gladstone Road, Scarborough YO12 7BH
Any notice you give us must be in writing and posted or taken to a Beyond Housing office. Any legal notice, or any other communication arising from this tenancy agreement will be deemed properly served on you if addressed to you and either delivered to you in person, posted, affixed to your home or posted to your last known address. A notice delivered by one of these methods will be effective either on the day it was handed to you or left at your home.
Consent
Where it is stated that our permission or consent is required, we will not unreasonably withhold it and will give written reasons for refusing any request. We may attach reasonable conditions to our permission or consent.
Advance payments
If, when this tenancy is granted, you have made any advance payments of rent or service charge for your home or any other premises we have let to you, then we will credit the amount of advance payment to your rent account.
If you transfer to a different home owned by us, you agree that:
- We can use all rent/service charge payments on your new home to pay off any arrears on your previous home or any other premises we have let to you
- Likewise, we can also use any rent credits you have built up on your home or any other premises we have let to you to cover the rent on your new home
- If you have any outstanding debts with us and subsequently are due a payment from us, we can use the monies to offset any of the debts you owe to.
Transfers
If before the start date of this agreement you were the tenant of another of our properties, you must give us vacant possession of your previous property. Provided you give us vacant possession (i.e. nobody or belongings are left in the property) we and you agree your previous tenancy will end from the date this new agreement starts.
Previous arrears
If when your previous tenancy ends you owe us any money, you will need to agree with us how this will be repaid before entering into a new tenancy agreement. If you enter into an agreement to repay these sums, the amounts you owe and how they will be paid will be set out in a schedule attached to this agreement. If you fail to keep to the agreed payments it will constitute a breach of this tenancy agreement.
Contracts (Rights of Third Parties) Act 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 does not apply to this tenancy. This means other people cannot enforce any rights or obligations under the tenancy other than you or us.
Acts of Parliament
Where this agreement refers to Acts of Parliament, those references include any changes or modifications made to those acts in the future.
Our responsibilities
We will give you possession of your home at the start of your tenancy.
Repair of structure and exterior
We will keep the structure and exterior of your home in good repair.
Repair of installations
We will repair and keep in good working order all installations for the supply of water, gas, oil, electricity, sanitation and any central/water heating.
Gas appliances
We are legally responsible for making sure the gas appliances, gas pipe work and flues are in a safe condition. We will do this in a gas safety check at least once each year, for which you must allow access.
Repair of common parts
We will keep in reasonable repair and fit for purpose any shared areas and common entrances for use by you and other occupiers and visitors to your home.
Repairs and maintenance
We will carry out all repairs which we are responsible for within a reasonable time, giving priority to urgent repairs.
We are not responsible for any repairs or replacements needed to your home if they are required because of damage or neglect by you, your pets, or anyone living with you or visiting your home.
If any emergency services or police have to gain access to your home, you will be responsible for the costs of making your property secure again. You must pay us for any repair works we do.
Solar panels
If there are solar uptake panels installed at your home or we choose to install them after the commencement of your tenancy, detail regarding the installation, maintenance and use of solar panels will be provided to you.
Services
We will provide the services shown in the Particulars of Your Tenancy Agreement (where an amount is shown against the relevant service).
Regulatory requirements
In providing a housing service we will comply with the appropriate regulatory framework and guidance issued by the social housing regulator, but the framework and guidance do not form part of this tenancy.
Insurance
We will insure your home (buildings only, excluding any fixtures and fittings) for such sum and against such risks as we (acting reasonably) believe appropriate.
Your responsibilities
The responsibilities under this agreement apply to you, your family, your friends and relatives and anyone else living in or visiting your home, including children.
Moving into your home
You must move into your home at the start of your tenancy and must not part with possession or sub-let your home.
Paying the rent and any service charges
You must pay the rent and any service charge for your home every week in advance of a Monday. The amount of rent to be paid will be specified at the start of your tenancy.
You must pay the rent from the first day of this tenancy and if this is not a Monday then your first rent payment will be due on that first day of your tenancy and will be worked out in proportion to the number of days in that week that you hold your tenancy.
In this tenancy agreement the terms ‘rent’ and ‘service charge’ refer to all the amounts shown under the particulars of your tenancy agreement. These amounts can change.
You may be entitled to claim help with housing costs, for example through Housing Benefit or Universal Credit, to pay some or all of your rent.
You will remain responsible for the rent and it is your responsibility to make and manage any benefit claim.
You must pay your total weekly rent and any other charges under this agreement when they are due.
If you are a joint tenant you are jointly and separately responsible for paying the rent. This means we can ask either of you to pay the full amount due and any arrears.
You are also responsible for all previous debts owed such as rent due for a previous home. When your tenancy ends you must pay us any rent and other costs owed.
If you do not pay your rent we may apply to the court and ask for you to be evicted from the property. We will charge you for the cost of taking you to court and we can recover the cost from you.
We may deduct any money you owe us from any money we owe you.
Changing your rent
We will normally make any changes to the rent on and from the first Monday in April each year (or such other date as we may decide). We will give you at least 28 days’ notice in writing of the new rent. Your new weekly rent shall be the amount set out in the rent change notice which we send to you. While we remain your landlord the revised rent will be set in accordance with our rent policy from the time in force and in any event at a level no more than the amount which would have been set by the Residential Property Tribunal Service if it had the authority to consider rent increases under this tenancy agreement.
The effect of this clause is that section 13 of the Housing Act 1988 does not apply to any rent increase under this clause and you do not have the right to refer any such increase to the Residential Property Tribunal Service.
Changing your service charge (if applicable)
If your tenancy is subject to service charges in addition to your rent, these services will be set out in the particulars of your tenancy agreement (or any other services which we introduce after consultation with tenants).
After consulting with affected tenants, we may increase, add to, remove or vary any of the services, or introduce new services. We will take account of any requirements from the relevant regulator.
Any change in the services we provide may affect the amount of service charge you pay.
We may increase your service charge at any time following consultation with you and after serving you with at least one month’s written notice. We will not increase your service charge more than once a year unless there is a change in the services provided.
Each year, we will estimate the cost of providing services to you over the coming year. That will be the service charge we will ask you to pay for the year.
We will also inform you if the service charge is to be reduced or increased if there is any difference in the services that were provided to you and the charges that were applied in the previous year.
We will give you a certificate each year showing what is included in your service charge(s). When you receive your certificate you have the right, within 6 months of receiving the certificate, to examine the service charge accounts, receipts and other documents relating to them and to take copies or extracts from them. We will make a small charge to cover the cost of any copying.
We can only make reasonable service charges and the services we provide must be of a reasonable standard. If you believe your service charge is unreasonable you may be able to apply to the Residential Property Tribunal Service for a decision as to what is reasonable.
We may review whether you are receiving any services which are currently paid for as part of your rent. If you receive any of these services we will tell you how much of your rent payment (if any) goes to the cost of these services and we may charge you a separate service charge instead to cover the costs of those services.
Reserve or sinking fund
We may establish a reserve or sinking fund. This shall be applied primarily to the costs, to be borne by the service charge account, of any irregular and expensive work in the foreseeable future which affects more than one property.
Such costs shall be apportioned equally between all the affected properties, or divided in such other proportions as we in our reasonable opinion consider appropriate.
Using your home
You, your family, friends and relatives and any other person living with you or visiting your home, including children, must not use the property for any other purpose than a private home.
You must live at the property and it must be your only or main home.
If you are going to be away from home for more than four weeks, you must tell us. We will then know you have not abandoned your home. If you know your job means you are often away, or you know in advance you will be away for long periods of time, you should discuss this with us.
You must not run a business from your home without our permission. We will not refuse permission unless we feel that the business is likely to cause a nuisance to other people or damage the property. If after we have given permission, the business does cause a nuisance we can give you notice withdrawing permission.
You are responsible for the behaviour of members of your household and your visitors to your home, and in the locality, of the property. You must ensure that they do not break the terms of this tenancy. This includes children under 18. If they do, you may be held responsible and could face legal action.
You must not assign, sublet or part with possession of all or part of your home or exchange it with another tenant unless we have given you written permission to do so.
Anti-social behaviour
You, your family, friends, relatives, pets, or anyone living with or visiting you (including children) must not do any of the following:
- Anything which causes or is likely to cause a nuisance, annoyance or disturbance to anyone in the local area
- Anything which interferes with the peace, comfort or convenience of other people living in the local area
- Use the property or anywhere in the locality for criminal, immoral or illegal purpose including selling, supplying or using any illegal drugs, storing or handling stolen goods or prostitution
- Harass, threaten to harass, use or threaten violence towards anyone in the locality of your home or the local area. This includes but is not limited to harassment on the grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity
- Harass or threaten to harass or use or threaten violence towards our staff, agents or contractors or any tenant representatives
- Use, or permit to be used by any other person living in or visiting your home, any radio, stereo, television, computer equipment, loudspeakers, amplifiers or musical instrument in or near your home or in the local area in such a manner as to cause nuisance or likely to cause a nuisance, disturbance or annoyance to anyone in the locality
- Use any domestic machinery or DIY equipment in such a way or at such times (e.g. at night or early in the morning) that it causes nuisance and annoyance to other
If you or any person living in or visiting your home is either convicted of a criminal offence, made the subject of a criminal behaviour order, injunction, community protection notice, or any other type of order relating to nuisance, conduct, anti-social behaviour or similar, you may face legal action to evict you from your home.
Note: harassment is defined in the definitions section.
Domestic abuse
You must not perpetrate any abuse including but not limited to threatening, psychological, physical, financial or sexual abuse or committing any act of violence against any other person in your home including a joint tenant.
Pets
If you live in a house or property with its own entrance and garden you may keep a cat or a dog without getting our permission.
You must not keep dogs or cats if you share the access to your home, although you may keep other small pets e.g. small caged animals, birds or fish at your property.
You, your family, anyone living with you or visiting your home must not do any of the following:
- Keep any animals for commercial breeding
- Keep any animals for the purpose of illegal activities
- Allow any animal you keep at the property to cause a nuisance to anyone in the local area including our staff, agents or contractors
- Allow any animal you keep at the property to foul in your home or on any common parts or communal gardens
- Keep snakes or any animal considered dangerous by law without first getting our written permission
- Keep pigeons without first getting our written permission
- Keep non-domestic animals or livestock (for example cows, sheep, pigs, or hens).
You must keep any pet under proper control and must not allow them to cause a nuisance or annoyance in the locality of your home.
If you do not comply with the conditions relating to the keeping of pets, we may, by notice in writing:
- Require you to remove a pet permanently from your home
- Take legal action which may include seeking possession of your
Health, safety and hygiene
You, your family, anyone living with you, or visitors to your home, including children must do the following:
- Keep the property clean and If we have to do work to bring it back to a reasonable standard, such as removing rubbish, we will charge you for this
- Not use any portable oil, paraffin or gas appliances in your home save for sealed oil-filled radiators
- Not install or use a wood burning stove
- Not store any flammable materials such as gas, paraffin or oil in the property
- Not tamper or interfere with or alter the electrical, oil or gas systems, installations or meters in or serving the property
- Not store any firearms or equipment/materials used for the purpose of reloading ammunition without first asking for permission (which will not be unreasonably withheld)
- Not store any weapons (such as swords, daggers, bows and arrows, decommissioned or imitation firearms, collectable military or other similar weaponry) without it being kept safely stored in a lockable We reserve the right to report possession of such equipment to the police. The responsibility lies with you, the tenant, to ensure you are not contravening any laws in possessing such items
- You must put your weekly refuse out and return your bins to their proper storage place as soon as possible after
Looking after your home
You must keep your home clean and tidy. Any home found to be in an unclean state will be a breach of tenancy.
You must keep your home in a good decorative order. This means your walls, ceilings, doors and woodwork around the home must be decorated to a reasonable standard.
You must not use any non-domestic paints or textured coatings such as Artex.
You are responsible for minor repairs such as adjusting cupboard catches or new plugs and chains for sinks.
You must not accumulate excess items in your home which prevents the use and intended purpose of your home and the rooms within your home, or which may prevent us or our contractors from gaining access to your home, or cause a health and safety risk or fire hazard or may cause an increased weight bearing on the structure of your home or encourage smells, pests or vermin to your home or the locality.
You must take reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated and if any condensation occurs to mop up any water promptly to prevent mould growth.
You must promptly report to us any disrepair or defect that we are responsible for in your home or the common parts.
You or anyone living with you or visiting you must not damage or put graffiti on any part of your home or the neighbourhood where your home is. If you do so, we may require you to pay the cost of repair and cleaning and putting the damage right.
You or anyone living with you or visiting you must take every precaution to prevent damage to your home (including from frost, fire or explosive materials).
If you do not carry out repairs or provide a replacement when you, your pets, someone living in your home or your visitors have damaged your home and it becomes necessary for us to carry out the repair or get a replacement, you will be charged for this repair or replacement. If you do not comply with these conditions you may face legal action to evict you from your home.
Looking after your garden
If your home includes a garden as part of the tenancy, you must keep the garden well maintained and in a tidy condition at all times. You are responsible for looking after all parts of your garden which may include grass, plants, bushes, trees, sheds, outbuildings and hedges and make sure it is free from excessive weeds.
You must obtain all necessary permissions (including building regulation approval and planning permission) for any outbuilding, external structure, garage or hard standing. All works and/or installations carried out must be done by a suitably qualified and competent contractor. Any unauthorised installation or works carried out without prior approval, or any works deemed to be of an insufficient quality, will be returned to their original state and we will charge you for the cost of these works.
You must maintain your garden so it does not endanger the health and safety of other people, look unsightly or cause damage to any property including pipes, drains or cables.
You must keep hedges and bushes at a manageable height. They must not overhang any public right of way or neighbouring properties.
You must make sure your grassed areas are regularly cut.
You must keep your garden free form rubbish, litter and debris. Examples of these are household refuse, garden or building debris, large household goods, scrap and car parts.
You must not set any bonfires in your garden which could cause nuisance or annoyance or be an offence under the Environmental Protection Act 1990.
Rechargeable repairs
You must pay for the following:
- Repairs or renewals resulting from damage caused by negligence, misuse or criminal damage by you or any members of your household or visitors
- Repairs or renewals resulting from damage caused by any pets
- Repairs, removals or renewals resulting from any unauthorised or unacceptable alterations or redecoration carried out by you, any members of your household, visitors or pursuant to instructions given by you or any person living in your home
- Replacement of glass in windows and doors as a result of neglect or damage Changing locks resulting from lost keys or being locked out
- The removal/disposal/storage of any items remaining at your home after ending the tenancy
- Any call out charges or costs incurred if the out of hours repairs service is called out and no-one is at home or an inappropriate repair call out is made
- Removal of any accumulated rubbish after having given you reasonable notice to remove it
- Any work we undertake where you have failed to maintain your garden and have not complied with a written request to do so.
Access
You must allow our staff, agents or contractors to enter your home to check you are complying with the terms of your tenancy agreement, to inspect the property or to carry out repairs to your home or any adjoining property. We will normally give you at least 24 hours’ notice that we will be calling unless it is an emergency repair.
In an emergency where we cannot gain access we may have to force an entry. This might be, for example, where water is overflowing or somebody’s life or physical safety is at risk. In this case we will secure the property and repair any damage as a result of forced entry. If we have to force entry because of your neglect or misuse of the property or your failure to report repairs, we will charge you with the cost and this will be payable by you.
You must allow access for our staff, agents or contractors to carry out planned servicing of appliances owned by us, for example gas appliances. We will give you at least 24 hours’ notice unless it is an emergency in which case we may enter to prevent damage to property or injury to persons.
Parking
You, your family, friends, relatives or anyone living with or visiting you must not do any of the following:
- Park any vehicle, caravan, trailer or other form of transport within the boundaries of your home unless you have a garage, parking space or driveway with hard standing and a dropped kerb
- Park any vehicle on any land owned by us without valid road tax or in a unroadworthy condition
- Park on land owned by us, except where it is designated for parking
- Block or obstruct any driveway, pedestrian or vehicular access routes, including parking on grass verges, inconsiderately parking or blocking communal We reserve the right to charge you for any damage caused by you or visitors to your home parking inappropriately.
You are permitted to carry out minor servicing and minor running repairs to a vehicle owned by you or a member of your household providing no nuisance is caused to others. You are not permitted to carry out any other repairs to your vehicle or to carry out any repairs to vehicles belonging to others.
Ending your tenancy
If you intend on leaving your home permanently, you must do the following before moving out.
You must:
- Give us at least 4 weeks’ notice in writing ending on a Monday confirming that you will be ending your
You must allow access:
- To our staff in order to undertake an inspection of the condition of the property
- To our staff and any prospective tenants for the purpose of re-letting.
In either case we will give you reasonable notice.
- Return all keys and communal door entry fobs to the property by 12 noon on the Monday on which the tenancy If keys are returned after this time you will be charged another week’s rent. If we have to fit new locks and keys we will charge you the cost of this work
- Pay all rent and any other charges up to the date of the end of your tenancy
- Give us vacant possession of your This means that you and anyone that lives with you must leave the property
- If you have made any improvements or alterations to the property without our permission you must return the property to how it was before you have made the improvements before the tenancy ends. If you don’t do this then we may need to do the work and charge you with the cost of doing this
- Leave the property including the fixtures and fittings we have provided in good condition and in proper working order, if they are not, we will charge you with the cost of any repairs or renewal
- Leave the property in a clean and tidy condition and free of If we have to clean or clear the property, we will charge you with the cost of doing this
- Remove all furniture including any carpets and floor coverings and personal belongings from the property (including any loft space) and from any sheds or garages you rent with the If the property has to be cleared by us, we will charge you with the cost of doing this
- Provide us with your new
If you are joint tenants, one of you can end the tenancy by giving a notice to quit which will be binding on all joint tenants.
We accept no responsibility for any belongings you leave in the property after your tenancy has ended. If you do leave belongings, we may get rid of them after taking reasonable steps to tell you and then charge you for doing so. We are entitled (but not obliged) to sell anything left behind by you. If you owe us rent we can set the proceeds of any sale against your arrears. Otherwise you are entitled to any proceeds of sale less our costs of arranging to sell the belongings. If you do not collect the proceeds within six weeks of us writing to notify you at your last known address, we may use the proceeds for our own purposes as a Registered Provider of Social Housing.
Insurance
You are responsible for insuring the contents of your home. Beyond Housing can offer you the details of a competitive home contents insurance scheme, designed especially for our tenants.
Your rights
Living in your home
Under this agreement you have the right to live peacefully in your home. We will not interfere with this right unless any of the following apply:
- You break any of the conditions in this agreement. If you do we will take legal action to force you to meet your conditions or we will ask the court for permission to evict you
- We need to carry out redevelopment or major repairs to your home which we cannot do unless you move We will offer you a suitable alternative home for the duration of the repairs
- We need access to your home to inspect or carry out repairs, servicing or other work to your home or an adjoining property
- We need to make your home safe because we believe it has been abandoned and we think you are no longer living there
- You or anyone else living with you have given false information to get the tenancy You find another home and stop using the property as your main home
- There is any other reason under the 1988 Housing Act or 1996 Housing Act or any future
Taking in lodgers
You have the right to take in lodgers but you must get our written permission first. We will not refuse permission unreasonably. You must not allow the permitted number of occupants as set out in the particulars of tenancy to be exceeded. It is your responsibility to notify the Housing Benefit section of the local authority if you are in receipt of benefit.
Succession
If there are two joint tenants and one of you dies, the surviving tenant will become the only tenant. This will count as a succession for the purposes of this agreement and under the Housing Act 1988.
If you are the only person on the tenancy agreement and you are not a successor when you die (as defined by this agreement and/or the Housing Act 1988) your tenancy will pass to your spouse, civil partner or cohabiting partner if they were living with you at the home as their only or main home when you died. A co-habiting partner is a person living with you as if they were your spouse or civil partner.
If you are the only person on the tenancy agreement and you are not a successor when you die (as defined by this agreement/or the Housing Act 1988) but nobody is eligible to succeed then another member of your family can succeed to the tenancy if they were living with you for at least 12 months before your death and the property was their only or main home during that time.
The qualifying members of your family include your parent, grandparent, child, step-child, grandchild, brother, sister, aunt, uncle, nephew and niece.
If your home is not suitable for a person who is entitled to succeed to the tenancy because of its size, adaptations or the type of home, we will offer that person a suitable alternative home. If he or she refuses to move to the alternative home then we may take court action to recover possession of this property.
If more than one person qualifies with equal succession rights to become the tenant, the county court will decide who will succeed to the tenancy.
For the purposes of the above succession rights, a person who acquires the tenancy following a transfer by way of assignment to a person who would have qualified to succeed to the tenancy if the tenant has died will be considered a successor.
Any claim for succession to the tenancy must be made to us in writing within a month of the tenant’s death.
Assignments
You have the right to assign your tenancy in the following circumstances:
- Where an order is made by the court
- Under the right to exchange
- To a person who would succeed to the tenancy upon your
In certain circumstances we may otherwise agree to an assignment. We will not usually agree to an assignment if we determine that the accommodation exceeds the needs of the family member or if we do not believe the accommodation is suitable for any other reason.
Exchange
You have the right to exchange your home with a tenant of another registered provider or local authority tenant but only if you have our written permission to do so and the other tenant also have written permission from their landlord.
To make improvements/alterations
You have the right to make improvements/alterations to your home. Before you do this you must first get our written permission and all necessary permissions including planning permission and building regulation consent.
All work must be carried out by a qualified and competent contractor and any required documentation such as the electrical/gas certification must be provided to us upon completion.
We will not unreasonably withhold our consent but may attach conditions to our consent including a condition that the work is carried out to a certain standard. We reserve the right to inspect the work on completion.
Failure to seek our consent or to comply with our conditions shall be a breach of this agreement.
Right to compensation
You have the right to claim compensation under our Right to Improve Scheme for certain improvements which you have made to your home after a certain date.
You can only apply for compensation when your tenancy ends and you must have asked for permission for the improvement.
Consultation
We will consult with you before making changes in matters of housing management or maintenance which are likely to have a substantial effect on your tenancy.
Information
You have the right to information from us about the terms of this tenancy and about our repairing obligations, policies and procedures on tenant consultation, housing allocation and transfers, and our performance as a landlord.
Access to tenancy files will be given provided you give advance notice in writing.
Right to acquire
If you would like to buy your home you may have the right to acquire your home under the Housing Act 1996 unless you live in housing excluded from the legislation.
Extra conditions for tenants with use of communal areas
If your home is in a building that has communal areas (for example if you live in a block of flats or a maisonette) you must not use these areas for anything that they are not supposed to be used for.
You are responsible for cleaning any communal areas outside your home, and along with your neighbours, clean the parts you share with the other tenants unless you are charged a service charge for cleaning.
You or anyone living with you or visiting you must not interfere with security or safety equipment (such as door entry systems and closed circuit television systems) in communal areas and entrances. You must not:
- Block communal areas or access to communal areas or fire escape routes or hinder the operation of fire safety equipment
- Leave any litter or rubbish in the communal area this must be stored in the communal bins or refuse disposal chute
- Block any refuse disposal chute
- Throw anything from any landing, balcony corridor or window in your home or in any of the communal areas
- Contaminate communal refuse bins. An example of this would be to put incorrect refuse into a recycling You may be charged for the emptying and cleaning of a refuse bin if you do contaminate a refuse bin
- Smoke or permit a visitor to smoke tobacco, e-cigarettes or any other substance in the communal areas
- Leave any personal items of any description in the communal entrance / area at any time, this includes things such as pushchairs, prams, walking aids, wheelchairs, bicycles or ornamental decoration
- Keep any dangerous, flammable or explosive goods, materials, or substances in or on the property apart from those required for general household use or for medical purposes g. bottled oxygen, in which case you must inform us
- Install, use or keep in the property, any heater or like object which requires paraffin or other gaseous fuels such as LPG
- Store any vehicles powered by petrol, diesel or paraffin in shared areas such as hallways
- Purchase a mobility scooter, without first contacting us to reach an agreement about its storage – this is important to ensure that communal areas are not blocked and that fire hazards are reduced or eliminated
- Allow access into any communal area, anyone not known to you
- Hold or jam open any communal or fire
If you have a balcony you must ensure it is kept clean and tidy and ensure it is kept free of clutter. The balcony must not be used for hanging washing, flags or other items.
If there are any rules specific to the scheme or block you live in these must be complied with.
How we may end your tenancy
When we can end your tenancy
As long as you remain an assured tenant and live in your home as your only or main home, we can only end your tenancy by obtaining a court order for possession. This can only be obtained by relying on one or more of the grounds listed in the 1988 Housing Act (as amended) or any grounds added by future legislation.
We will usually give you at least four weeks’ notice of our intention to seek a possession order to terminate your tenancy.
If you stop living in your home as your only or main home, your tenancy does stop being an assured tenancy and we may end your tenancy by giving you four weeks’ notice in writing.
Definitions
Assignment – An assignment of tenancy takes place where the tenant transfers the tenancy to another person. The assignment has to be done using a legal document called a deed of assignment.
Commencement date – Means the date your tenancy started as set out in the particulars of the tenancy agreement.
Contents – The furniture, furnishing and any other items set out in the Inventory and Schedule of Condition.
Fixtures and fittings – All appliances and furnishings (not removable furniture) in the property including installations for supplying or using gas, electric and water.
Garden – Lawns, paved yards, spaces enclosed within your boundaries, hedges, flowerbeds, trees, shrubs, outside walls and fences attached to your home.
Harassment – This includes, but is not limited to, any of the following:
- Any behaviour or actions which threaten the physical and/or mental health, and/or safety, and/or security, and/or sense of wellbeing of any other person
- Any behaviour or actions which have a hurtful, detrimental or destructive effect on any person’s peaceful enjoyment of their home or surrounding environment
- Damage or threats of damage to property belonging to another person including damage to any part of a person’s home
- Writing threatening, abusive, offensive or insulting graffiti
- Any action or omission calculated to interfere with the peace or comfort of any other person or to inconvenience such a person.
Home/the property – Refers to the property let to you including any garden, garage, outbuilding, fence or wall let with the property but not a garage or garage site which is let to you separately. The boundaries of your home are defined by the physical boundaries of your property at the date of this agreement. It does not include any shared areas.
Improvement – Any alteration or addition to your home.
Insured risks – Means fire, explosion, lightning, earthquake, storm, flood, bursting and overflowing of water tanks, apparatus, or pipes, impact by aircraft and articles dropped from them, impact by vehicles, riot, civil commotion and any other risks against which We decide to insure against from time to time and Insured Risk means any one of the Insured Risks.
Landlord – Shall have the same meaning as we/us/our.
Legislation – A general term meaning regulations and Acts of Parliament.
Lodger – A person who lives in your home with you whether or not they pay you.
Member of your family – Means your parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, step-relative and adopted child.
Mutual exchange – When you swap tenancies with another tenant.
Neighbours – Your neighbours include people living in the local area, including those who own their own homes and other landlords’ tenants.
Particulars of tenancy – The particulars set out in the assured tenancy.
Partner – Someone who lives with you as husband or wife (including same sex partners).
Pets – Includes any dog, cat, bird, reptile, insect, spider, fish or animal which is kept on or allowed to visit the property.
Property – The property as described in ‘address definition’ of the particulars of tenancy.
Rent – Payment due for the occupation of the property.
Service charges – Payment due for the services we provide as part of your tenancy with us.
Shared areas – The parts of the building which all tenants can use, for example, halls, stairways, entrances, landings, shared gardens, lawns and landscaped areas.
Spouse – Your husband, wife, civil partner or someone living with you as husband or wife – regardless of gender.
Sublet – Giving another person the right to live in all or part of your home and charging them rent to live there.
Successor – Is someone who has become the tenant after the death of the original tenant.
Tenancy – The tenancy created under this agreement and any contractual periodic tenancy that arises after the Term has expired.
Vehicle – A car, bus, van, lorry, motorbike, bike, boat, caravan or trailer.
We/us/the landlord – Beyond Housing.
Written permission – A letter from us giving you permission to do something.
Year – Means 52 weeks unless there are 53 Mondays when a year will mean 53 weeks.
You – The tenant, and in the case of joint tenants, any one or both of the joint tenants.
Visitors – Where we refer to ‘visitors’ we mean persons visiting you or any person living at your home.