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Page 1: tenancy agreement book Layout 1 - Stoke-on-Trentwebapps.stoke.gov.uk/uploadedfiles/Tenancy_Agreement.pdf · 2. Your tenancy agreement When you sign this tenancy agreement, you will

Tenancy AgreementTerms and Conditions

stoke.gov.uk

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Moving in ...Everyone knows that moving into a new

home can be hectic and stressful. We can

provide you with help and advice to settle in as smoothly as possible.

As the tenant, you are responsible for all utilities for the property, such as charges for

gas, electric, water and council tax. When you sign your tenancy agreement, we will tell

you about how to contact the gas, electricity and water companies for your new home,

and how to contact us to report a repair.

Gas supply

You will need to contact a gas company and give them at least 24 hours notice to

arrange the supply of gas to the property. You will be provided with contact phone

numbers when you sign for the tenancy. We may have 'locked' the gas supply to the

property for health and safety reasons, we will tell you about this during the sign-up for

the tenancy agreement.

If you ever suspect a gas leak, contact the National Gas Emergency Service on

0800 111 999.

Electricity supply

You will also need to contact an electricity company, this may or may not be the same

as the gas supplier. You will be provided with contact phone numbers when you sign

for the tenancy.

Water supply

You are responsible for all water charges to the property. You must contact Severn

Trent Water PLC when you move into your home.

Council Tax

You are also responsible for the Council Tax charges for the property. Your Local Centre

can provide you with information.

Contents Insurance

You are responsible for insuring the contents of your home. In the event of fire, flood,

theft, storm damage or natural disasters, we have no obligation to give you financial

assistance or compensation. You should also insure yourself for claims from a third

party, for example, if your washing machine leaks and floods into your home and/or

neighbouring properties. We are not liable for such events. We provide an insurance

scheme for your home contents through Aviva. Contact us for more information.

Note: Remember to read both your gas and electricity meters when you move into the

property and make a note of the readings.

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Contents1 Definitions 3

2 Your tenancy agreement 7

3 Our responsibilities 8

4 Your rights 10

5 Rent and other charges 13

6 Anti social behaviour 15

7 Repairs 18

8 Health and safety 20

9 Pets and other animals 21

10 Gardens 22

11 Vehicles 23

12 Using the property 24

13 Ending the tenancy 25

14 Matters that require written permission 26

15 Matters that require written notices 27

16 Customer feedback 28

17 Contacting us 29

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1. DefinitionsThis agreement contains words that have a distinct meaning when used in a particular

way. This section explains the meanings of some of these words which will make this

agreement clear and easier to understand.

• Anti social behaviour

Is any act, or failure to do something, which causes or is likely to cause, a nuisance,

annoyance, or harassment, alarm or distress to any person. It can also be any act

which interferes with the peace, comfort or convenience of other people living in your

local area. This type of behaviour can range from minor incidents to very serious

incidents. This behaviour can lead to legal action being taken by us against you.

• Assignment

Is the legal process when somebody else takes over the tenancy. However, with our

types of tenancies, assignments can only occur by way of Mutual Exchange, a court

order or as set out in relevant legislation.

• Breach

If you break any of the terms or conditions of this tenancy agreement, you will be in

breach of the agreement. This may lead to us taking legal action against you to recover

possession of your home or obtaining an injunction to stop you from doing the act.

• Civil Partner

As defined in the Civil Partnership Act 2004 .

• Customer

By entering into this tenancy agreement with us, you will be our customer and have

access to the services we provide.

• Demoted Tenancy

This applies to secure tenants only. If you or those you are responsible for engage in

anti social behaviour, we may ask the court to make an order that removes some of

your rights as a tenant for a period of 12 months. In this 12 month period, we can ask

the court to end your tenancy if any term or condition of this agreement is breached.

• Eviction

If the court has made a possession order against you, you will be told the date when

you must leave the property. If you do not leave by that date, we will ask the court

bailiff to remove you and anyone else in the property.

• Exchange

The mutual swapping of tenancies. This can only be done within the approved way,

and the council must first agree to the exchange by giving you our written permission.

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• Fixtures and fittings

All our properties have equipment for supplying and / or using gas, electricity and

water, which are a permanent part of the property and cannot be removed. These are

some examples of fixtures and fittings (but not a complete list):

• Work units and cupboards in the kitchen

• Pipes

• Meters

• Toilets, baths and / or showers and sinks

• Taps and drainage fittings

• Electrical sockets and wiring

• All inside and outside windows and doors, including their furniture,

such as locks and handles

• Flat

A home which forms part of a building, or is entirely on one floor, but not a bungalow.

• Fly Tipping

The illegal dumping of unwanted items, such as rubbish or unwanted furniture. Fly

tipping is a very serious offence and we will not hesitate to take legal action where this

occurs.

• Garden

May consist of lawns, hedges, flowerbeds, trees, shrubs , outside walls and fences

and/or any piece of land that belongs only to the property subject to this agreement.

• Harassment

Is a series of related acts that a person finds offensive, intimidating or humiliating, all

of which may undermine a person's confidence or self esteem.

• Improvement

Any alteration or addition to the property to make it better, which is made by you or on

behalf of you, which was not at the property when you moved in, for example

additional building work inside or outside, or the erection of aerials or satellite dishes.

• Introductory Tenancy

All our new tenants are Introductory Tenants for a period of 12 months. After this

period, the tenancy will automatically become a secure tenancy, unless you or anyone

breaches the terms of this agreement. Also, if you engage in anti social behaviour we

may extend the introductory period by 6 months.

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• Lodger

A person who lives with you, but does not form part of your household. They will not

have exclusive right to any part of the property.

• Maisonette

A self contained home of more than one floor, the first floor of which is not at ground

level, with its own entrance.

• Neighbourhood

Is the local area where you live. The area will include property which is privately owned

or rented and property which is owned or managed by us or housing associations .This

area usually includes local shops and facilities, for example schools and leisure centres.

• Neighbours

These are people who live in your local area, who may be our tenants, own their own

home, rent from a private landlord or from a housing association.

• Partner

Any person who lives with you in an established relationship, other than a relative.

• Possession Order

Is an order from the court, which allows us to take back possession of the property.

Once we obtain the order, you and everyone who lives with you must leave the property

and take all their personal belongings.

• Property/Home

Means the dwelling, including fixtures and fittings and any garden, paths, hedges and/

or fences and any outbuildings and/or garages owned by us, which are the subject of

this tenancy agreement.

• Relative

Includes the following; parents, children, grandparents , brothers, sisters, uncles. aunts,

nephews, nieces, in-laws, step -relatives and adopted children.

• Rent

Is the payment of money for the use and occupation of the property subject to this

tenancy agreement.

• Secure Tenant

After the-period of the Introductory Tenancy, you will automatically become a secure

tenant. By law, secure tenants have the right to stay in the property subject to this

agreement. We cannot remove a secure tenant from a property unless a court grants

a possession order.

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• Service Charges

All charges other than rent and water-service charges, which is made by us and

payable by you under the terms of this tenancy agreement.

• Shared Areas

Are areas inside/outside buildings, including gardens, lawns, landscaped areas or

sheltered accommodation which you and your neighbours have equal access too,

examples of these areas include hallways, stairways, entrances, play areas and shared

gardens.

• Sheltered Housing

This is accommodation for older people living within a managed complex.

• Sub-letting

Is where part of the property is let to an individual in return for payment in money to

you. The individual will usually do their own cooking and cleaning. You cannot sub-let

the whole of the property.

• Succession

This is the legal process whereby your tenancy can be passed to a family member or

another person whom is entitled to have it by law should you die. A succession can

only occur once.

• Tolerated Trespasser

This means we do not recognise that you have any legal right to stay in the property,

and that we can start court proceedings to evict you without giving you notice.

• Vehicle

A car, bus, lorry, motorbike, bicycle, boat, caravan or similar motorised or non-motorised

devices.

• Visitors

Any person, including children, other than a member of the household who visits the

property, or who associates with you within the neighbourhood.

• We, us, our

Stoke-on-Trent City Council and our officers.

• Written Permission

A letter from us giving you the go ahead to do certain things that are contained within

this agreement.

• You, your

Is the tenant or in cases of joint tenants, both of them.

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2. Your tenancy agreementWhen you sign this tenancy agreement, you will become

our tenant and live in the property subject to this agreement.

It is important that you read and understand all of the tenancy

agreement in particular the terms and conditions. This

section sets out what the agreement is.

A legal contract

2.1 The tenancy agreement is a legal contract between

you and us and is enforceable through the courts.

You must keep to the terms and conditions that are

set out in this agreement, otherwise you could lose

your home. Please let us know if you are unsure of

anything contained within the agreement.

Types of tenancy

2.2 There are two types of tenancy:

• Introductory

• Secure

This agreement applies to both types of tenancies unless stated otherwise.

Who is responsible?

2.3 As your landlord, we have certain responsibilities which are set out in section 3

of this agreement.

As the tenant you have certain responsibilities which are set out in Sections 5 to 14.

You have certain rights which are set out in section 4 of this agreement. You are

also responsible for making sure members of your household, relatives, and

visitors (including children) keep to the terms and conditions.

Periods away from the property

2.4 We ask that you tell us when you plan to be away from the property for more

than four weeks at a time, to ensure that we know you have not abandoned the

property. If your job means that you are away from the property for long periods,

you may wish to discuss this with us.

Name and address of the landlord

Name of tenant (s)

The property rented in this agreement is situated at:

Description of property type:Start date of tenancy:

Tenancy type:

Introductory TenancySecure Tenancy

Rent and other charges for this property

This payment of Rent and Service Charge is due in advance on the Monday of each week.

Declaration:By signing this agreement you are agreeing to become a tenant of the council and to be bound

by the tenancy terms and conditions. You are entering into a legal contract. Please read the tenancy

agreement and conditions thoroughly, and keep this agreement in a safe place. If you do not

comply with them, you could lose your home.I confirm that the information I gave in the housing application was and is still true. I confirm that

this agreement has been fully explained to me and that I understand and agree to the terms and

conditions contained within this tenancy agreement.Tenant (s) signature1 ...................................................................................................... Date ..........................

2 ...................................................................................................... Date ..........................

City Council WitnessName .......................................... Signature ................................... Date ..........................

Office use only

The Council of the City of Stoke-on-Trent (‘the landlord’) of The Civic Centre, Glebe Street, Stoke-on-Trent ST4 1HH and.................................................................................... ................................................................................................................................................................................................................................................................................................................................................Stoke-on-Trent, Staffordshire ST....................................................................................................................Monday .................................................. 20...............This tenancy is an Introductory Tenancy until .......................... 20............., when provided you (the

tenant) have not breached any terms of this agreement,it will automatically become a Secure Tenancy.The weekly rent (not including any Service Charges) for the property at the start of this agreement shall be:£.....................................

The weekly Service Charge at the start of this agreement shall be:£ .................. which is for ...........................................£ .................. which is for ...........................................£ .................. which is for ...........................................£ .................. which is for ...........................................

Total rent and other charges for this property£ .....................................

(‘the tenant’)

Tenancy AgreementThis tenancy agreement is made between:

Property ReferenceTenancy Number

Rent Account Number

*TACR*

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3. Our responsibilitiesThis section sets out what you can from expect us.

Providing you with possession of the property

3.1 We will give you exclusive possession of the property subject to this agreement,

from the start date of this tenancy. We will not interfere or interrupt with this right

unless any of the following apply:

(a) You breach any of the terms and conditions set out in this agreement. If you

do, we may take legal action against you to ensure that you keep to the terms

and conditions or we may seek a possession order from the court and

permission to evict you from the property.

(b) In circumstances where we have built or specifically adapted the property for

a physically disabled person so it is different from any non-adapted property,

and you no longer need that type of property and we need the property for

someone else with specific need.

(c) We need to carry out redevelopment, improvement or major repairs to the

property which we cannot do unless you move out.

(d) You, or someone acting on your behalf, obtained the tenancy by providing us

with false information.

(e) You find another home and / or stop using the property as your only or

principal (main) home.

(f) There is any other reason under the Housing Act 1985, Housing Act 1996,

Housing Act 2004 or any future law which requires and enables us to take

action against you.

Repairs

3.2 We will repair and keep in repair the property in accordance with our obligations

which are set out into this agreement by law. Examples of what we will repair are:

(a) Keep all fixtures and fittings for the supply of water, gas and electricity in

good repair and working order

(b) Decorate all existing external paintwork to your home and shared areas at

periodic intervals.

3.3 We will carry out safety checks on gas fires and gas boilers in the property once

a year. We will maintain and clean solid fuel installations twice a year. This type of

work will be carried out by one of our maintenance team or an approved service

contractor.

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Consulting with you

3.4 We will consult with you and all other tenants about the way we manage and

maintain our properties. This includes proposed changes in housing management

functions, our polices and procedures and variations to the terms and conditions of

the tenancy agreement. We will invite and consider your comments within a period

of consultation.

Not meeting our responsibilities

If you feel that we have not met our responsibilities as set out in this agreement, you can:

(a) Contact us. Section 17 tells you how to contact us

(b) Use our Compliments, Comments, and Complaints Procedure. Please

contact us to receive a copy (see section 16 of this agreement for information)

(c) Speak to your Local Councillor or Member of Parliament

(d) Get advice from an independent Housing Aid Centre, the Citizens Advice

Bureau or a Solicitor

(e) If you feel we have not handled your complaint effectively, write to the Local

Government Ombudsman at:

The Secretary

The Commission for Local Administration in England

21 Queens Ann Gate

London SW1H 9BU

Notes: We positively encourage our customers to comment on how we provide our

service and suggest ways in which we could improve. Section 16 of this agreement sets

out the procedure for you to provide us with your comments on our services.

We are also keen for our customers to get involved.

Please contact your Local Centre to find out how you

can get involved either on an individual basis or as

part of a resident group within your neighbourhood.

Section 17 tells you how to contact us.

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4. Your rightsThis section sets out what your rights are as one of our tenants.

Right to occupy

4.1 You have the right to occupy the property without interruption or interference from

us, so long as you occupy the property as your only or principal home and/or do

not breach any terms and conditions set out in this agreement or break any

relevant current or future law.

4.2 After the Introductory period, your tenancy will become a Secure Tenancy. It will

remain a Secure Tenancy so long as you occupy the property as your only or

principal home and do not breach any of the terms and conditions of this

agreement or grounds for possession under relevant law.

Right to repair

4.3 You must tell us of the repairs that need carrying out at the property and allow us

a reasonable period of time in which to carry out the repairs. If you have given us

notice of the repairs and we do not carry them out within a reasonable time, you

can ask another contractor to do the work. In certain circumstances if the repairs

are not carried out on time, you may be able to claim compensation.

Notes:

In relation to Right to Repair, the reported repair must be what is termed as a

'Qualifying Repair' The criteria for this are as follows:

(a) A repair has an estimated value of less than £250

(b) A repair is classed as an emergency or urgent by us.

Contact us for more information about Right to Repair.

Tenancy succession

4.4 When you die, your tenancy will automatically pass to your husband, wife or civil

partner, if he or she is not a joint tenant. If you were not married or had a civil

partner, then a relative who had lived with you immediately prior to your death for

a continuous period of 12 months may apply to succeed. This is known as

Succession and can only occur once.

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Secure tenants only

Improvements

4.5 You may make improvements, alterations or additions to the property,

including alterations to gas or electrical installations, or removing any fixtures,

fittings or equipment which have been provided by us. You must get our written

permission, and seek any other approval beforehand. We will not unreasonably

withhold consent without good reason, but may attach certain conditions about

the standard to which the work is carried out to and seek any other approval

before you start any work.

4.6 Any damage caused to the property as a result of the improvement, alteration

or addition to the property shall be made good at your own expense.

4.7 If you move and you have substantially improved your home, and have

obtained our written permission, you may be entitled to some compensation.

Claims are only available for improvements carried out on or after 01 April 1994,

or if you buy your home.

Right to Mutually Exchange

4.8 You have the right to exchange your home by way of assignment with either

another tenant of ours, a housing association assured periodic tenant or another

Local Authority secure tenant. You must get our written permission before you

exchange your home. Permission will only be withheld subject to current or future

amendments to the law.

Right to take in a lodger

4.9 You have the right to take in a lodger, but you must first get our written permission,

which will not be unreasonably withheld.

If you have a lodger in your home and are claiming any type of benefit, including

Housing and Council Tax Benefit, it may effect your entitlement.

Right to Sublet

4.10 You have the right to sublet part of your home, so long as you do not create any

form of sub-tenancy. You must first get our written permission, which will not be

unreasonably withheld.

Right to buy

4.11 You may exercise the right to buy your home provided you have been a secure

tenant for the qualifying period and meet provisions set out in current and future

law. The way you have conducted your tenancy may be considered in any

application you make to exercise the right to buy, for example, any rent arrears and

incidents of anti social behaviour. Contact us if you require any information about

buying your home through the Right to Buy Scheme.

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Policies and proposals

4.12 You have the right to be consulted about proposals for changes in the way we

manage, maintain, improve, demolish, sell or transfer council homes, or changes to

do with services or facilities for our tenants.

You have the right to see all our policies on housing, re-housing and exchanging

properties

Notes:

Improvements

All improvements involving the supply and use of gas and electricity must be carried out

by a suitably qualified person. We will require evidence of this before we give consent for

the improvement. For example. if the work involves a gas appliance, it must be carried out

by a Gas Safe registered engineer or for electrical work it must be carried out by a

NICEIC approved engineer.

You may also need to get planning permission and carry out work in accordance with any

building regulations.

Data Protection

The information you have given to us in your application for housing is important and helps

us to provide an efficient and more informed housing management service. We will keep

all your personal information on our computer system or in a paper record in accordance

with Data Protection law.

We work with the Police and other agencies and share information in order to tackle crime

and disorder issues in your neighbourhood. In these circumstances, we may have to give

your personal information to other organisations, for example under the Crime and

Disorder Act 1998. If an organisation asks for information about you that is not covered by

Data Protection law. we will always get your permission before we disclose any personal

information.

You have a right to see any personal information we have about you. In accordance with

Data Protection law there may be a charge payable for providing you with this information.

If you require any further information about how the Data Protection law affects your rights,

please contact us.

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5. Rent and other chargesThis section tells you of your responsibility and obligations to pay your rent and

other charges for your home. It also tells you what we will do if we fail to receive

your payments.

Paying the rent and other charges

5.1 You must pay your rent and any other service charges weekly in advance on or by

each Monday. Or at any other regular advance intervals by prior arrangement with

us.

5.2 When your tenancy ends, you must pay us any outstanding rent and other charges

or costs before leaving the property. If you owe us money for rent or other charges,

you must make arrangements with us to pay the debt. If you do not, the arrears

may affect you obtaining another City Council home until you do. Sometimes this

type of information is requested by other agencies, for example, another landlord

or a mortgage lender, where it may affect your ability to be housed.

5.3 If we owe you any money and you leave the property without paying the rent or rent

arrears, we will use this money towards rent debts and other charges due.

Changes to your rent and other charges

5.4 We will change the rent and/or other charges once a year. We will tell you about

any change at least 28 days before. If you do not want the change in rent and other

charges to take place, you must provide us with written notice that you wish to

terminate your tenancy. If you do this you may become intentionally homeless and

we may not have a duty to rehouse you.

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Notes: Your rent is due on a Monday and if you do not pay by 4pm on the Friday in the

same week, your account could show you to be in arrears.

If you are a joint tenant, you are jointly and individually responsible for the rent and other

charges when they are due. This means that if the other joint tenant does not pay their

share of the rent and other charges. you must pay all of the rent and other charges. even if

the other joint tenant has left the property.

If you receive,Housing Benefit, you must tell the Benefit Services Section about any

changes to your personal circumstances. as this may effect your entitlement to Housing

Benefit.

If you have rent arrears (failing to pay your rent and other charges), this may affect your

ability to seek a transfer to different accommodation or receive an offer of different

accommodation if you have already registered for a transfer.

If you do not pay your rent, we may go to court and ask for a possession order to evict

you from your home. We may also ask for a money order to recover any rent arrears owed

and any other money you owe us. You must pay this charge in line with the court order.

Any costs incurred in taking legal action will be charged to the tenant.

You may lose your home if you do not pay your rent and other charges for your home.

We understand that sometimes periods of illness and unemployment can make paying

the rent difficult.

If you have or think you may have difficulty in paying the rent and other charges, it is

important that you contact us. You may also want to contact the Citizens Advice Bureau,

or an independent Housing Aid Centre who may be able to provide you with independent

advice.

If you are on a low income or in receipt of benefits you may qualify for Housing Benefit. It

is important that you make a claim, contact us for more information.

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6. Anti-social behaviourAnti -social behaviour covers many types of behaviour that can either cause or is

capable of causing nuisance, annoyance or harassment alarm or distress. This

section sets out what we consider to be unacceptable behaviour and what we will

do if you do not behave appropriately.

You are responsible for your own behaviour, and the behaviour of anyone living in or

visiting the property including children.

You and/or anyone living in or visiting the property (including children):

Nuisance and annoyance

6.1 Must not do anything which causes or is likely to cause or allow to cause a

nuisance or annoyance to any person residing in or visiting the neighbourhood or

to any person otherwise engaged in a lawful activity within the neighbourhood

(this clause applies without limitation to any of our employees, agents or contractors).

Racial and other harassment

6.2 Must not do anything which causes or is likely to cause or encourages any member

of your household or visitors to commit any form of harassment or intimidation on

the grounds of race, colour, religion, sex, sexual orientation or disability which may

interfere with the peace and comfort of, or cause offence to any other person

residing in or visiting the neighbourhood or to any person otherwise engaged in a

lawful activity within the neighbourhood of the property (this clause applies without

limitation to any of our employees, agents or contractors).

Noise

6.3 Must not play, or allow to be played, any radio, musical instrument, television, or

any amplified music at a volume that causes a nuisance or annoyance to your

neighbours (this clause applies without limitation to any of our employees, agents

or contractors).

Violent behaviour and threats of violent behaviour

6.4 Must not threaten violence or act in a violent manner towards any member of your

household or towards any person residing in or visiting the neighbourhood or

towards any person otherwise engaged in a lawful activity within the surrounding

areas of the neighbourhood (this clause applies without limitation to any of our

employees, agents or contractors).

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The following are examples of anti social behaviour, and behaviour that may

cause a nuisance and/or annoyance (this list is not exhaustive):

• Using and threatening violence

• Domestic Violence

• Racism, including racist literature and letters, verbal and physical abuse

• Hate Crime

• Harassment of any type

• Prostitution

• Verbal abuse and offensive gestures

• Criminal activity in properties in the neighbourhood

• Possession and selling of controlled drugs

• Solvent and alcohol abuse, substance misuse

• Damaging property, including damage to vehicles

• Arson or attempted arson

• Putting offensive material through letter boxes

• Making malicious phone calls and text messages

• Writing and spraying graffiti

• Dealing in illegal pornography

• Storing or repairing any vehicle in the property or in shared areas

• Not exercising adequate parental control

• Playing loud music

• Banging and slamming of doors

• Playing ball games close to peoples homes or buildings

• Skateboarding, roller-skating and cycling on footpaths, balconies and shared areas

• Being drunk in public

• Excessive barking of dogs, or dogs fouling in shared or public areas

• Not keeping pets under control

• Causing a nuisance in shared areas, for example fouling or blocking refuse chutes

• Making unfounded complaints

• Driving or riding of vehicles off the road, for example on public areas and/or

facilities in the neighbourhood

• Breaking shared area security, for example, allowing people you do not know into

a building or jamming open shared entry doors

• Playing balls games, skateboarding or cycling in prohibited areas

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Notes:

What happens if you behave in an anti social manner?

(a) We aim to respond quickly and deal with all reported cases of anti social

behaviour.

(b) We will work with other agencies to tackle anti social behaviour caused by

anyone residing in, working or visiting any of our managed neighbourhoods.

(c) We may take legal action if you behave anti socially, this may include:

• Serving you with a Notice to Terminate or a Notice of Seeking

Possession and apply to court to end your tenancy

• Serving you with a Demotion Notice and apply to the court to replace

your secure tenancy with a Demoted Tenancy

• Making an application to the court to obtain an Injunction

• Inviting you and/or those you are responsible for to enter into an

acceptable Behaviour Contract or Parental Control Order

• Making an application to the court for an Anti Social Behaviour Order

• Using any other legal remedy to stop the behaviour

(d) We may be able to resolve some disputes or disagreements without legal

action:

• By referring the matter to a Mediation Service

• Seek to enter into an agreement with you, in the form of an Undertaking

• Inviting you and those you are responsible for to enter into an Acceptable

Behaviour Contract or Parental Control Order

Please contact us for more information.

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7. Repairs

You are responsible for certain repairs to the property. This section sets out what

your responsibilities are.

7.1 You must repair, renew or replace at your own expense any internal or external

parts of the structure including any fixtures or fittings or installations that are

damaged by you, or any member of your household or visitors (including children).

7.2 You must keep the inside of the property in a reasonable decorative order and

clean condition, and maintain it to a reasonable standard.

7.3 You are responsible for repairing, renewing or replacing the following items:

• Lock changes to door and windows (unless you supply us with a crimereference number from the police)

• Window and door glass breakages (unless you supply us with a crime reference

number from the police)

• Plugs and chains to sinks, wash basins and baths

• Toilet seats

• Door chains

• Curtain and picture rails

• Gate and shed locks, latches, bolts and catches

• Electrical trip switch

• Blockages to waste pipes, WC pans or drains (due to misuse)

• TV aerials (that are not shared)

7.4 When you end the tenancy you must hand over the property in a reasonable

condition, allowing for 'fair wear and tear '. Before you move out of the property, you

must remove any unauthorised alterations or improvements and make good at your

own expense any damaged caused by their removal.

Telling us about repairs

7.5 You must contact us and tell us when a repair needs carrying out in the property

which is our responsibility. It is important that you contact us as soon as you are

aware of the repair. Information about how to contact us to report a repair is listed

at the back of this agreement.

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Access to carry out inspections, services and repairs

7.6 You must allow us access into the property to carry out any necessary inspections,

services or repairs and maintenance work to the property or neighbouring

properties, after being given reasonable notice by us. In cases of emergency, for

example in the event of a flood, it may not be possible to provide you with

reasonable notice.

Improvements

7.7 You and / or any person living with you or visiting the property must not make any

improvements, alterations or additions to the property, including alterations to the

gas or electrical installations or remove from the property any fixtures, fittings or

equipment without getting our written permission first, or any other necessary

permission, for example planning permission. Any damage caused to the property

as a result of any alteration or improvement must be put right at your own expense.

Temporary accommodation during major work

7.8 Sometimes, the type of repair we need to carry out may result in you having to

leave your home while we do the work, this is called a temporary transfer. If your

repair requires a temporary transfer, you must leave the property for the period we

tell you.

Notes:

If we carry out the repairing or reinstatement of the items listed in 7.3 we may recharge

you for the cost. If you are elderly or registered disabled and experience problems in

completing any of these repairs, please contact us.

When you contact us about a repair, please describe the problem and where it is. Tell us

how long it has been there and how it has affected you.

We will carry out a service to gas appliances in your home every 12 months, this is

required by law. After receiving notice from us of when we will visit to carry out the service,

it is your responsibility to provide us with access .

If you fail to allow us or an approved contractor into your home to carry out the gas

service check and we have taken every step to agree with you a mutually convenient time

to carry out the service, we may take legal action against you to allow us access to your

home to complete the service.

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8. Health and SafetyThis section sets out what we expect from you and those you are responsible for to

ensure your safety and the safety of your neighbours.

You and/or anyone living in or visiting the property (including children):

8.1 Must not use and / or store portable oil, paraffin or gas cylinder heaters in the

property without our written permission. We will not unreasonably withhold our

permission.

8.2 Must not store inflammable materials (materials that may catch fire quickly) or gas

in the property, garden, garage, shed or any other outbuildings. This includes the

storing of large quantities of paper and cardboard boxes.

8.3 Must not store or repair any appliances which are powered by petrol, gas, diesel or

paraffin, as well as gas cylinders, in the property or shared areas. This does not

include lawnmowers or garden strimmers. If you have a powered mobility vehicle, for

example a wheelchair, contact us about where the best place would be for storing it.

8.4 Must not interfere with any health and safety equipment we have provided, for

example door-entry systems, closed circuit television, or equipment for detecting or

putting out fires.

8.5 Must not do anything in the property which could cause a danger to anyone in the

property or neighbourhood, for example, throw items out of windows, balconies or

landings.

8.6 Must dispose of syringes in a safe and appropriate manner. Contact us if you

require advice about disposing of syringes or similar items.

8.7 Must not let anyone into your home or shared areas, including sheltered

accommodation, who you do not know. You must always make sure you know who the

callers are before you let them into your home. Please ask to see their identification. All

council employees, agents and approved contractors carry clear identification.

8.8 Must not feed, wild pigeons, squirrels, foxes or any wild animal, so that it causes a

nuisance and / or annoyance.

8.9 Must not obstruct corridors, pathways, stairs or any shared area with rubbish,

materials or unwanted household items, for example old furniture or equipment.

8.10 Must dispose of all items of household rubbish and similar unwanted items in the

appropriate way. For example, household rubbish must be disposed of in provided

wheelie-bins or similar containers, which must not be stored inside the property or

any shared area.

8.11 Must not park vehicles in areas set aside or marked out for emergency vehicles, or

park in front of bin rooms, for example, at multi-storey blocks.

Note: You should install smoke detectors, where we have not already done so, and

additional detectors if you require them. But, you must check them regularly replacing

batteries when necessary. Contact us if you require advice about fire safety in your home.

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9. Pets and other animalsThis section sets out what you must do if you want

to keep any animals or pets in the property.

You and/or anyone living in or visiting the property (including children):

9.1 Must not keep or bring into the property or into a shared area any animal which

has been classed as dangerous under the Dangerous Wild Animals Act 1976 (as

amended).

9.2 Must not keep a dog(s) in a flat, maisonette or sheltered accommodation or any

property without the exclusive use of a garden unless you have written permission

from us. We will not unreasonably withhold our permission.

9.3 Must keep control of and not allow your pet or any other animal to cause a

nuisance or annoyance to your neighbours or anyone engaged in lawful activity

within the locality of the property. For example, allowing it to foul shared areas or

public footpaths, causing a disturbance by barking or allowing a dog to roam the

neighbourhood or shared area unsupervised.

9.4 Must not keep any animal which we feel is unsuitable for the property. This may

include wild animals; poisonous snakes and insects; wild cats; large reptiles such

as lizards, crocodiles and alligators; monkeys; livestock, such as horses, donkeys,

goats, pigs, cattle, ducks, geese and chickens. Contact us if you require advice

about what we would consider as unsuitable.

9.5 Must not keep pigeons in the property, in the garden or shared areas of the

property without our written permission. We will not unreasonably withhold our

permission. Our permission may not be given or may be withdrawn at any stage if

the pigeons cause a nuisance and/or annoyance.

Note:

We will ask you to remove any animals you do not have permission to keep, or any

animals which are unsuitable or which cause a nuisance or annoyance. If you do not

adhere to this request, we may commence legal action against you to remove the animal

or to repossess your home.

If you keep a dog which is classed as dangerous by the Dangerous Dogs Act 1991, you

must follow the Act. By this law, all such dogs must be muzzled in public, micro chipped

registered and insured.

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10. GardensUntidy gardens are unsightly and can be a health hazard. If the property has a

garden, this section sets out how we expect you to maintain it.

You and/or anyone living in or visiting the property (including children):

10.1 Must maintain the garden and keep it tidy.

10.2 Must not build or erect any structure including a garage, greenhouse or shed, or

erect any structure in the garden or shared area without our written permission. We

will not unreasonably withhold our permission.

10.3 Must not remove, replace or plant any hedge, fence or tree at the property without

getting our written permission. We will not unreasonably withhold our permission.

10.4 Must not place rubbish, old furniture or domestic or commercial appliances within

the garden or surrounding area, unless the items are waiting collection for disposal.

Notes:

If you fail to keep your garden tidy, we may carry out the work and charge you a

reasonable fee.

We may remove any item from the garden or surrounding area placed as unwanted by

you and charge you a reasonable fee for doing the work. We will seek to provide you with

notice that we intend to remove such items.

We may ask you to remove any fence or boundary structure you have put up if, in our

opinion, it is dangerous or it causes a nuisance. If you fail to remove it, we may do so and

charge you a reasonable fee for doing the work.

Contact us if you are experiencing problems maintaining your garden.

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11. VehiclesThis section sets out what we expect from you

if you have a motor vehicle at the property.

You and/or anyone living in or visiting the property

(this includes children):

11.1 Must not park any vehicle anywhere on or in the property unless the property has a

garage, parking space or a drive with a dropped kerb and pavement crossover.

11.2 Must not build a garage, parking space, or drive or dropped kerb without our

written permission. We will not unreasonably withhold our permission. If you obtain

our permission to build a garage, parking space or drive it must be built to a

standard design and may be subject to planning permission.

11.3 Must not carry out repairs to vehicles at the property for which you are receiving

payment.

11.4 Must not allow any spillage of oil or hazardous fluids from vehicles parked on the

highway or on any land belonging to us.

11.5 Must not park or allow any vehicle to be parked if it is not insured, taxed, or does

not have a valid MOT or it is not roadworthy on any land that belongs to us unless

it has a SORN (DVLA off the Road Certificate), which you may be asked to provide.

If you do not, we may remove the vehicle. Where possible, we will provide you with

notice that we are removing the vehicle and we will charge you a reasonable fee for

removing it. We may also take legal action against you.

11.6 Must not park a vehicle in any way, which causes an obstruction to other road

users, for example, double parking or cause an obstruction for emergency vehicles

and refuse collection vehicles preventing access to neighbouring properties.

11.7 Must not park a vehicle on grassed areas in/or around properties managed by us.

Note:

If we suspect you are being paid to carry out repairs to vehicles at the property, we will

ask you to prove that you own the vehicle.

If available, you can rent a garage from us. Contact us for more information. Section 17

tells you how to contact us.

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12. Using the propertyThe property is your home from the start of the tenancy. This section sets out what

you can and cannot do with the property.

12.1 You must take possession of the whole of the property at the start of the tenancy

and must not part with possession or sub-let the whole of it.

12.2 You must use the property as your only or principal home.

12.3 You and / or anyone living or visiting the property must not run a business from the

property without our written permission. We will not unreasonably withhold our

permission, unless it will cause a nuisance or annoyance to other people, or

damage the property.

12.4 You and / or anyone living or visiting the property must not run an organisation,

action group or campaign from it or use the address for the purpose of such

activity, if it causes a nuisance or inconvenience to your neighbours or harms the

reputation of the neighbourhood. In some cases you may need our permission to

run such an activity, contact us for more information.

12.5 You and / or anyone living in or visiting the property (including children) must not

use the property for any criminal, immoral or illegal purposes. This includes (without

limitation) using the property for the supply, possession and/or use of illegal

substances and/or the handling of stolen goods.

12.6 You must not allow the property to become overcrowded.

12.7 You and / or anyone living or visiting the property must place all household rubbish

and similar waste items in council provided wheelie bins, dustbins, refuse chutes

and similar containers.

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13. Ending the tenancyThis section sets out what you must do if you want to end the tenancy with us, and

what we will do if we want to end the tenancy with you. If you wish to end the tenancy:

13.1 You must provide us with no less than 4 weeks written notice, ending on a Sunday.

You are responsible for the rent and other charges for the property during this notice

period. There is a Tenancy Termination form available for you to complete, contact us

for more information.

13.2 You must return to us all the keys to the property, on or before the date the tenancy

ends. If you do not give us the keys to the property we may charge you for any rent

lost and also the cost of replacement locks and keys for the property.

13.3 You must leave the property in a clean and tidy condition, removing any rubbish

and all of your personal belongings. If you leave any belongings in the property we

will not be held liable for them, and we will treat them as unwanted and abandoned

by you. We will dispose of the unwanted belongings and seek to reclaim from you

the costs of removal and disposal.

13.4 You must leave all fixtures and fittings in the same condition as they were in when

your tenancy started, allowing for 'wear and tear'. We will charge you for any

damage which we consider has been caused by wilful neglect or as a result of

improvements or alterations carried out by you or on your behalf without our

permission.

13.5 You must pay all rent and other charges up to the end of the tenancy. If you do not

pay rent or other charges that you owe us, we may start legal action against you to

recover the money as a debt. This may affect your ability to obtain credit in the

future and it may affect your ability to get a home from us and other social landlords

in the future.

13.6 You must allow us access to the property during the 4 weeks notice period, to

carry out inspections or show the property to prospective tenants.

Note: If you are a joint tenant, the whole of the tenancy will end if you or one of the joint

tenant ends the tenancy.

We can end the tenancy:

13.7 Ending an Introductory Tenancy and Secure Tenancy.

By obtaining an order from the County Court .

13.8 Demotion of Secure Tenancy and Ending of Demoted Tenancy.

By obtaining an order from the County Court.

13.9 Abandoned Property.

Where the tenant, or in the case of joint tenants no longer occupy the property as

his or her / their only or principal home the tenancy can be ended by the serving of

a Notice to Quit at the property addressed to the tenant, giving no less than 4

weeks notice ending on a Sunday.

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14. Matters that require written permissionYou must obtain our written permission to undertake certain actions whilst you are

subject to this agreement. This section sets out the circumstances when you will

need our permission and how you can obtain it.

You must get our written permission before you do any of the following:

14.1 Carry out any alteration or improvement to the property, or any other structure.

14.2 Put up a garage, greenhouse, pigeon loft, shed or any structure in the garden or

shared area of the property.

14.3 Install a CB aerial or satellite dish.

14.4 Put in a parking space, car port, drive or dropped kerb.

14.5 Remove, alter, replace or plant hedges or trees, and remove, build, alter or replace

a wall or fence.

14.6 Sublet any part of the property.

14.7 Exchange or transfer your home.

14.8 Run a business from the property.

Note: Contact us to apply for written permission. Section 17 tells you how to contact us.

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15. Matters that require written noticesIn certain circumstances we are required to serve you with notices and other

documentation (legal or otherwise) in connection with this tenancy. This section sets

out how we will do this and how you can serve notices on us.

15.1 Any letters, notices or documentation (legal or otherwise) which is served on you in

connection with this tenancy agreement, will be deemed validly served if addressed

to you at the property or posted to the property by 1st class post.

15.2 We will address all letters, notices or documentation (legal or otherwise) to you at

your last known address unless you provide us with an alternative address for

contacting you.

15.3 All letters, notices and documentation will be deemed to have been received by you

within 48 hours if posted by 1st class post or 24 hours if hand delivered to the

property. If personally handed to you, all letters, notices and documentation will be

deemed to have been immediately received by you on that day.

You can send any notices to us at this address:

Stoke-on-Trent City Council

Civic Centre

Glebe Street

Stoke-on-Trent

ST4 1HH

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16. Customer feedbackWe aim to provide a high standard of service to you and your views about our performance

are very important to us. This section sets out how you can tell us how we perform.

• Compliment us when you are happy with a service

• Comment on how we can make our services better for you

• Complain when we don't get it right

We learn from your compliments, comments or complaints and take action, where

possible, to improve the quality of our services.

To tell us what you think .....

• Visit your Local Centre and complete a Compliments,

Comments or Complaints form.

• Telephone us on 01782 234234

• Email us at [email protected]

• Information is available on our website.

• Log on to stoke.gov.uk

• Write to : The Customer Feedback Team

Stoke-on -Trent City Council

Civic Centre

Glebe Street

Stoke-on -Trent

ST4 1HH

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17. Contacting usYou can get in touch with us in a number of ways. This section tells you how.

Stoke on Call 01782 234234

Out of hours and Emergency 01782 234234

Report a repair on our Repair Line 08448940145

Email [email protected]

Website stoke.gov.uk

Text us 07786 200 700

You can also visit your Local Centre between 9am and 5pm Monday to Thursday

(4.30pm on Fridays)

Abbey Hulton Local Centre 71 Abbots Road, Abbey Hulton ST2 8DU

Blurton Local Centre 111 Finstock Avenue, Blurton ST3 3JU

Chell Heath Local Centre Cornhill Road Chell Heath, ST6 6PN

Hanley Local Centre 32/34 Old Hall Street, Hanley ST1 3AN

Stoke Local Centre 61 Church Street, Stoke-on-Trent ST4 1DQ

Longton Local Centre 1 Commerce Street, Longton ST3 1NW

Meir Local Centre 737-739 Uttoxeter Road, Meir ST3 5PD

Tunstall Local Centre 142 High Street, Tunstall ST6 5TP

Fenton Local Centre 5 Baker Street, Fenton ST4 3AF

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