TENANCY AGREEMENT OUTPUT - WhatDoTheyKnow

Stoke-on-Trent City Council Tenancy Agreement • Terms & Conditions2

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TenancyAgreementTerms & Conditions

Stoke-on-Trent City Council Tenancy Agreement • Terms & Conditions

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Please contact your Local Centre,where you will be provided withadvice and support.

Stoke-on-Trent City Council Tenancy Agreement • Terms & Conditions 3

Tenancy Agreement

Name and address of thelandlord:

Name of tenant (s):

The property rented in thisagreement is situated at:

Description of property type:

Start date of tenancy:

Tenancy type:

Rent and other charges for thisproperty

This payment of Rent and ServiceCharge is due in advance on theMonday of each week.

The Council of the City of Stoke-on-Trent (‘theLandlord’) of The Civic Centre, Glebe Street,Stoke-on-Trent ST4 1RG and

(‘the tenant’)

Stoke-on-Trent, Staffordshire ST

Monday 20

This tenancy is an Introductory Tenancy until20 , when provided you (the tenant)

have not breached any terms of this agreement, itwill automatically become a Secure Tenancy.

The weekly rent (not including any ServiceCharges) for the property at the start of thisagreement shall be: £

The weekly Service Charge at the start of thisagreement shall be:£ Which is for£ Which is for£ Which is for£ Which is forTotal rent and other charges for this property £

Declaration:By signing this agreement you are agreeing to become a tenant of the council and to bebound by the tenancy terms and conditions. You are entering into a legal contract. Please readthe tenancy agreement and conditions thoroughly, and keep this agreement in a safe place. Ifyou 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 confirmthat this agreement has been fully explained to me and that I understand and agree to theterms and conditions contained within this tenancy agreement.

Tenant (s) signature

1 Date

2 Date

City Council Witness

Name Signature DateOffice use only

Property Reference Tenancy Number Rent Account Number

This tenancy agreement is made between:

Version 1008



Tenancy Agreement

Name and address of thelandlord:

Name of tenant (s):

The property rented in thisagreement is situated at:

Description of property type:

Start date of tenancy:

Tenancy type:

Rent and other charges for thisproperty

This payment of Rent and ServiceCharge is due in advance on theMonday of each week.

The Council of the City of Stoke-on-Trent (‘theLandlord’) of The Civic Centre, Glebe Street,Stoke-on-Trent ST4 1RG and

(‘the tenant’)

Stoke-on-Trent, Staffordshire ST

Monday 20

This tenancy is an Introductory Tenancy until20 , when provided you (the tenant)

have not breached any terms of this agreement, itwill automatically become a Secure Tenancy.

The weekly rent (not including any ServiceCharges) for the property at the start of thisagreement shall be: £

The weekly Service Charge at the start of thisagreement shall be:£ Which is for£ Which is for£ Which is for£ Which is forTotal rent and other charges for this property £

Declaration:By signing this agreement you are agreeing to become a tenant of the council and to bebound by the tenancy terms and conditions. You are entering into a legal contract. Please readthe tenancy agreement and conditions thoroughly, and keep this agreement in a safe place. Ifyou 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 confirmthat this agreement has been fully explained to me and that I understand and agree to theterms and conditions contained within this tenancy agreement.

Tenant (s) signature

1 Date

2 Date

City Council Witness

Name Signature DateOffice use only

Property Reference Tenancy Number Rent Account Number

This tenancy agreement is made between:

Version 1008



Moving in... Everyone knows that moving into a new home can be hectic and stressful. We canprovide 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 youabout how to contact the gas, electricity and water companies for your new home, andhow to contact us to report a repair.

Gas supplyYou will need to contact a gas company and give them at least 24 hours notice to arrangethe supply of gas to the property. You will be provided with contact phone numbers whenyou sign for the tenancy. We may have ‘locked’ the gas supply to the property for healthand safety reasons, we will tell you about this during the sign-up for the tenancyagreement.

If you ever suspect a gas leak, contact the National Gas Emergency Service on0800 111 999.

Electricity supplyYou will also need to contact an electricity company, this may or may not be the same asthe gas supplier. You will be provided with contact phone numbers when you sign for thetenancy.

Water supplyYou are responsible for all water charges to the property. You must contact Severn TrentWater PLC when you move into your home.

Council TaxYou are also responsible for the Council Tax charges for the property. Your Local Centrecan provide you with information.

Contents InsuranceYou 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 assistanceor 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 homecontents through Norwich Union. Contact us for more information.

Note: Remember to read both your gas and electricity meters when you move into theproperty and make a note of the readings.


Contents

1 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 Compliments, comments, and complaints 28

17 Contacting us 29


1DefinitionsThis agreement contains words that have a distinct meaning when used in a particularway. This section explains the meanings of some of these words which will make thisagreement clear and easier to understand.

• Anti social behaviourIs 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 actwhich interferes with the peace, comfort or convenience of other people living in yourlocal area. This type of behaviour can range from minor incidents to very seriousincidents. This behaviour can lead to legal action being taken by us against you.

• AssignmentIs the legal process when somebody else takes over the tenancy. However, with ourtypes of tenancies, assignments can only occur by way of Mutual Exchange, a courtorder or as set out in relevant legislation.

• BreachIf you break any of the terms or conditions of this tenancy agreement, you will be inbreach of the agreement. This may lead to us taking legal action against you to recoverpossession of your home or obtaining an injunction to stop you from doing the act.

• Civil PartnerAs defined in the Civil Partnership Act 2004.

• CustomerBy entering into this tenancy agreement with us, you will be our customer and haveaccess to the services we provide.

• Demoted TenancyThis applies to secure tenants only. If you or those you are responsible for engage inanti social behaviour, we may ask the court to make an order that removes some ofyour rights as a tenant for a period of 12 months. In this 12 month period, we can askthe court to end your tenancy if any term or condition of this agreement is breached.

• EvictionIf the court has made a possession order against you, you will be told the date whenyou must leave the property. If you do not leave by that date, we will ask the court bailiffto remove you and anyone else in the property.

• ExchangeThe mutual swapping of tenancies. This can only be done within the approved way, andthe council must first agree to the exchange by giving you our written permission.


• Fixtures and fittingsAll 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 someexamples 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

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

• Fly TippingThe illegal dumping of unwanted items, such as rubbish or unwanted furniture. Fly tippingis a very serious offence and we will not hesitate to take legal action where this occurs.

• GardenMay 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.

• HarassmentIs a series of related acts that a person finds offensive, intimidating or humiliating, all ofwhich may undermine a person’s confidence or self esteem.

• ImprovementAny alteration or addition to the property to make it better, which is made by you or onbehalf 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 TenancyAll our new tenants are Introductory Tenants for a period of 12 months. After thisperiod, the tenancy will automatically become a secure tenancy, unless you or anyonebreaches the terms of this agreement. Also, if you engage in anti social behaviour wemay extend the introductory period by 6 months.


• LodgerA person who lives with you, but does not form part of your household. They will nothave exclusive right to any part of the property.

• MaisonetteA self contained home of more than one floor, the first floor of which is not at groundlevel, with its own entrance.

• NeighbourhoodIs the local area where you live. The area will include property which is privately ownedor rented and property which is owned or managed by us or housing associations. Thisarea usually includes local shops and facilities, for example schools and leisure centres.

• NeighboursThese are people who live in your local area, who may be our tenants, own their ownhome, rent from a private landlord or from a housing association.

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

• Possession OrderIs 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 propertyand take all their personal belongings.

• Property / HomeMeans 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 ofthis tenancy agreement.

• RelativeIncludes the following; parents, children, grandparents, brothers, sisters, uncles, aunts,nephews, nieces, in-laws, step-relatives and adopted children.

• RentIs the payment of money for the use and occupation of the property subject to thistenancy agreement.

• Secure TenantAfter the period of the Introductory Tenancy, you will automatically become a securetenant. By law, secure tenants have the right to stay in the property subject to thisagreement. We cannot remove a secure tenant from a property unless a court grants apossession order.


• Service ChargesAll charges other than rent and water-service charges, which is made by us andpayable by you under the terms of this tenancy agreement.

• Shared AreasAre areas inside / outside buildings, including gardens, lawns, landscaped areas orsheltered accommodation which you and your neighbours have equal access too,examples of these areas include hallways, stairways, entrances, play areas and sharedgardens.

• Sheltered HousingThis is accommodation for older people living within a managed complex.

• Sub-lettingIs where part of the property is let to an individual in return for payment in money toyou. The individual will usually do their own cooking and cleaning. You cannot sub-letthe whole of the property.

• SuccessionThis is the legal process whereby your tenancy can be passed to a family member oranother person whom is entitled to have it by law should you die. A succession canonly occur once.

• Tolerated TrespasserThis 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.

• VehicleA car, bus, lorry, motorbike, bicycle, boat, caravan or similar motorised or non-motorised devices.

• VisitorsAny person, including children, other than a member of the household who visits theproperty, or who associates with you within the neighbourhood.

• We, us, ourStoke-on-Trent City Council and our officers.

• Written PermissionA letter from us giving you the go ahead to do certain things that are contained withinthis agreement.

• You, yourIs the tenant or in cases of joint tenants, both of them.


2Your tenancy agreementWhen you sign this tenancy agreement, you willbecome our tenant and live in the propertysubject to this agreement. It is important thatyou read and understand all of the tenancyagreement in particular the terms andconditions. This section sets out what theagreement is.

A legal contract

2.1 The tenancy agreement is a legalcontract between you and us and isenforceable through the courts. You must keep to theterms and conditions that are set out in this agreement, otherwise youcould lose your home. Please let us know if you are unsure of anything containedwithin 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 arealso responsible for making sure members of your household, relatives, and visitors(including children) keep to the terms and conditions.

Periods away from the property2.4 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 theproperty. If your job means that you are away from the property for long periods,you may wish to discuss this with us.


3Our 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 rightunless any of the following apply:

(a) You breach any of the terms and conditions set out in this agreement. If youdo, we may take legal action against you to ensure that you keep to the termsand conditions or we may seek a possession order from the court andpermission to evict you from the property.

(b) In circumstances where we have built or specifically adapted the property for aphysically disabled person so it is different from any non-adapted property, andyou no longer need that type of property and we need the property forsomeone else with specific need.

(c) We need to carry out redevelopment, improvement or major repairs to theproperty which we cannot do unless you move out.

(d) You, or someone acting on your behalf, obtained the tenancy by providing uswith false information.

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

Repairs

3.2 We will repair and keep in repair the property in accordance with our obligationswhich 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 goodrepair and working order

(b) Decorate all existing external paintwork to your home and shared areas atperiodic intervals.

3.3 We will carry out safety checks on gas fires and gas boilers in the property once ayear. We will maintain and clean solid fuel installations twice a year. This type ofwork will be carried out by one of our maintenance team or an approved servicecontractor.


Consulting with you

3.4 We will consult with you and all other tenants about the way we manage andmaintain our properties. This includes proposed changes in housing managementfunctions, our polices and procedures and variations to the terms and conditions ofthe tenancy agreement. We will invite and consider your comments within a periodof consultation.

Not meeting our responsibilitiesIf 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 usto 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 ora Solicitor

(e) If you feel we have not handled your complaint effectively, write to the LocalGovernment Ombudsman at:

The SecretaryThe Commission for Local Administration in England21 Queens Ann GateLondon SW1H 9BU

Notes:We positively encourage our customers to comment on how we provide our service andsuggest ways in which we could improve. Section 16 of this agreement sets out theprocedure 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 tofind out how you can get involved either on an individual basis or as part of a residentgroup within your neighbourhood. Section 17 tells you how to contact us.


4Your 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 donot breach any terms and conditions set out in this agreement or break any relevantcurrent or future law.

4.2 After the Introductory period, your tenancy will become a Secure Tenancy. It willremain a Secure Tenancy so long as you occupy the property as your only orprincipal home and do not breach any of the terms and conditions of thisagreement 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 usnotice of the repairs and we do not carry them out within a reasonable time, youcan ask another contractor to do the work. In certain circumstances if the repairsare 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 'QualifyingRepair' 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 civilpartner, then a relative who had lived with you immediately prior to your death for acontinuous period of 12 months may apply to succeed. This is known asSuccession and can only occur once.


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 orequipment which have been provided by us. You must get our written permission,and seek any other approval beforehand. We will not unreasonably withholdconsent without good reason, but may attach certain conditions about the standardto which the work is carried out to and seek any other approval before you startany work.

4.6 Any damage caused to the property as a result of the improvement, alteration oraddition 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 ourwritten permission, you may be entitled to some compensation. Claims are only availablefor 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 anotherLocal Authority secure tenant. You must get our written permission before youexchange your home. Permission will only be withheld subject to current or futureamendments 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, includingHousing 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 beunreasonably 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 futurelaw. The way you have conducted your tenancy may be considered in anyapplication you make to exercise the right to buy, for example, any rent arrears andincidents of anti social behaviour. Contact us if you require any information aboutbuying your home through the Right to Buy Scheme.


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 todo with services or facilities for our tenants.

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

Notes:

ImprovementsAll improvements involving the supply and use of gas and electricity must be carried outby a suitably qualified person. We will require evidence of this before we give consent forthe improvement. For example, if the work involves a gas appliance, it must be carried outby a CORGI-registered engineer, or for electrical work it must be carried out by a NICEICapproved engineer.You may also need to get planning permission and carry out work in accordance with anybuilding regulations.

Data ProtectionThe information you have given to us in your application for housing is important and helpsus to provide an efficient and more informed housing management service. We will keepall your personal information on our computer system or in a paper record in accordancewith Data Protection law.We work with the Police and other agencies and share information in order to tackle crimeand disorder issues in your neighbourhood. In these circumstances, we may have to giveyour personal information to other organisations, for example under the Crime andDisorder Act 1998. If an organisation asks for information about you that is not covered byData Protection law, we will always get your permission before we disclose any personalinformation.You have a right to see any personal information we have about you. In accordance withData 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.


5Rent and other chargesThis section tells you of your responsibility and obligations to pay your rent andother charges for your home. It also tells you what we will do if we fail to receiveyour 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 withus.

5.2 When your tenancy ends, you must pay us any outstanding rent and other chargesor 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 arrearsmay affect you obtaining another City Council home until you do. Sometimes thistype of information is requested by other agencies, for example, another landlordor 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 rentarrears, 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 othercharges to take place, you must provide us with written notice that you wish toterminate your tenancy. If you do this you may become intentionally homeless andwe may not have a duty to rehouse you.

Notes:

Your rent is due on a Monday and if you do not pay by 4pm on the Friday in the sameweek, 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 othercharges when they are due. This means that if the other joint tenant does not pay theirshare of the rent and other charges, you must pay all of the rent and other charges, even ifthe other joint tenant has left the property.

If you receive Housing Benefit, you must tell the Benefit Services Section about anychanges to your personal circumstances, as this may effect your entitlement to HousingBenefit.

...continued


Notes:

If you have rent arrears (failing to pay your rent and other charges), this may affect yourability to seek a transfer to different accommodation or receive an offer of differentaccommodation 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 evictyou from your home. We may also ask for a money order to recover any rent arrears owedand 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 therent difficult.

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

If you are on a low income or in receipt of benefits you may qualify for Housing Benefit. Itis important that you make a claim, contact us for more information.


6Anti-social behaviourAnti-social behaviour covers many types of behaviour that can either cause or iscapable of causing nuisance, annoyance or harassment alarm or distress. Thissection sets out what we consider to be unacceptable behaviour and what we willdo if you do not behave appropriately.

You are responsible for your own behaviour, and the behaviour of anyone living in orvisiting the property including children.

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

Nuisance and annoyance6.1 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 toany person otherwise engaged in a lawful activity within the neighbourhood (thisclause applies without limitation to any of our employees, agents or contractors).

Racial and other harassment6.2 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 onthe grounds of race, colour, religion, sex, sexual orientation or disability which mayinterfere with the peace and comfort of, or cause offence to any other personresiding in or visiting the neighbourhood or to any person otherwise engaged in alawful activity within the neighbourhood of the property (this clause applies withoutlimitation to any of our employees, agents or contractors).

Noise6.3 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 yourneighbours (this clause applies without limitation to any of our employees, agents orcontractors).

Violent behaviour and threats of violent behaviour6.4 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 ortowards any person otherwise engaged in a lawful activity within the surroundingareas of the neighbourhood (this clause applies without limitation to any of ouremployees, agents or contractors).


The following are examples of anti social behaviour, and behaviourthat may cause a nuisance and/or annoyance (this list is notexhaustive):

• 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


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 byanyone 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 Possessionand apply to court to end your tenancy

• Serving you with a Demotion Notice and apply to the court to replace yoursecure 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 anAcceptable 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 legalaction:

• 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 AcceptableBehaviour Contract or Parental Control Order

Please contact us for more information.


7RepairsYou are responsible for certain repairs to the property. This section sets out whatyour responsibilities are.

7.1 You must repair, renew or replace at your own expense any internal or externalparts of the structure including any fixtures or fittings or installations that aredamaged 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 andclean 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 referencenumber 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 fuses

• 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 reasonablecondition, allowing for ‘fair wear and tear’. Before you move out of the property, youmust remove any unauthorised alterations or improvements and make good at yourown expense any damaged caused by their removal.

Telling us about repairs7.5 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 areaware of the repair. Information about how to contact us to report a repair is listedat the back of this agreement.


Access to carry out inspections, services and repairs7.6 You must allow us access into the property to carry out any necessary inspections,

services or repairs and maintenance work to the property or neighbouringproperties, after being given reasonable notice by us. In cases of emergency, forexample in the event of a flood, it may not be possible to provide you withreasonable notice.

Improvements7.7 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 thegas or electrical installations or remove from the property any fixtures, fittings orequipment without getting our written permission first, or any other necessarypermission, for example planning permission. Any damage caused to the propertyas a result of any alteration or improvement must be put right at your own expense.

Temporary accommodation during major work7.8 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 yourrepair requires a temporary transfer, you must leave the property for the period wetell you.

Notes:

If we carry out the repairing or reinstatement of the items listed in 7.3 we may rechargeyou for the cost. If you are elderly or registered disabled and experience problems incompleting any of these repairs, please contact us.

When you contact us about a repair, please describe the problem and where it is. Tell ushow 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 isrequired 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 gasservice check and we have taken every step to agree with you a mutually convenient timeto carry out the service, we may take legal action against you to allow us access to yourhome to complete the service.


8Health and SafetyThis section sets out what we expect from you and those you are responsible for toensure 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 propertywithout 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 inthe property, garden, garage, shed or any other outbuildings. This includes thestoring of large quantities of paper and cardboard boxes.

8.3 Must not store or repair any appliances which are powered by petrol, gas, diesel orparaffin, as well as gas cylinders, in the property or shared areas. This does notinclude lawnmowers or garden strimmers. If you have a powered mobility vehicle, forexample 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, forexample door-entry systems, closed circuit television, or equipment for detecting orputting out fires.

8.5 Must not do anything in the property which could cause a danger to anyone in theproperty or neighbourhood, for example, throw items out of windows, balconies orlandings.

8.6 Must dispose of syringes in a safe and appropriate manner. Contact us if yourequire advice about disposing of syringes or similar items.

8.7 Must not let anyone into your home or shared areas, including shelteredaccommodation, who you do not know. You must always make sure you know who thecallers are before you let them into your home. Please ask to see their identification. Allcouncil 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 anuisance 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 theappropriate way. For example, household rubbish must be disposed of in providedwheelie-bins or similar containers, which must not be stored inside the property orany shared area.

8.11 Must not park vehicles in areas set aside or marked out for emergency vehicles, orpark 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 additionaldetectors if you require them. But, you must check them regularly replacing batteries whennecessary. Contact us if you require advice about fire safety in your home.


9Pets and other animalsThis section sets out what you must do if you want to keep any animals or pets inthe property.


9.1 Must not keep or bring into the property or into a shared area any animal which hasbeen classed as dangerous under the Dangerous Wild Animals Act 1976 (asamended).

9.2 Must not keep a dog(s) in a flat, maisonette or sheltered accommodation or anyproperty without the exclusive use of a garden unless you have written permissionfrom 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 anuisance or annoyance to your neighbours or anyone engaged in lawful activitywithin the locality of the property. For example, allowing it to foul shared areas orpublic footpaths, causing a disturbance by barking or allowing a dog to roam theneighbourhood or shared area unsupervised.

9.4 Must not keep any animal which we feel is unsuitable for the property.This mayinclude wild animals; poisonous snakes and insects; wild cats; large reptiles suchas lizards, crocodiles and alligators; monkeys; livestock, such as horses, donkeys,goats, pigs, cattle, ducks, geese and chickens. Contact us if you require adviceabout what we would consider as unsuitable.

9.5 Must not keep pigeons in the property, in the garden or shared areas of theproperty without our written permission. We will not unreasonably withhold ourpermission. Our permission may not be given or may be withdrawn at any stage ifthe pigeons cause a nuisance and / or annoyance.

Note:

We will ask you to remove any animals you do not have permission to keep, or anyanimals which are unsuitable or which cause a nuisance or annoyance. If you do notadhere to this request, we may commence legal action against you to remove the animalor to repossess your home.

If you keep a dog which is classed as dangerous by the Dangerous Dogs Act 1991, youmust follow the Act. By this law, all such dogs must be muzzled in public, micro chipped,registered and insured.


10GardensUntidy gardens are unsightly and can be a health hazard. If the property has agarden, this section sets out how we expect you to maintain it.


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, orerect any structure in the garden or shared area without our written permission. Wewill not unreasonably withhold our permission.

10.3 Must not remove, replace or plant any hedge, fence or tree at the property withoutgetting our written permission. We will not unreasonably withhold our permission.

10.4 Must not place rubbish, old furniture or domestic or commercial appliances withinthe 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 areasonable fee.

We may remove any item from the garden or surrounding area placed as unwanted byyou and charge you a reasonable fee for doing the work. We will seek to provide you withnotice that we intend to remove such items.

We may ask you to remove any fence or boundary structure you have put up if, in ouropinion, it is dangerous or it causes a nuisance. If you fail to remove it, we may do so andcharge you a reasonable fee for doing the work.

Contact us if you are experiencing problems maintaining your garden.


11VehiclesThis section sets out what we expect from you if you have a motor vehicle at theproperty.

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 agarage, 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 ourwritten permission. We will not unreasonably withhold our permission. If you obtainour permission to build a garage, parking space or drive it must be built to astandard design and may be subject to planning permission.

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

11.4 Must not allow any spillage of oil or hazardous fluids from vehicles parked on thehighway 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 doesnot have a valid MOT or it is not roadworthy on any land that belongs to us unlessit 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 withnotice that we are removing the vehicle and we will charge you a reasonable fee forremoving 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 roadusers, for example, double parking or cause an obstruction for emergency vehiclesand 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 willask you to prove that you own the vehicle.

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


12Using the propertyThe property is your home from the start of the tenancy. This section sets out whatyou can and cannot do with the property.

12.1 You must take possession of the whole of the property at the start of the tenancyand 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 theproperty without our written permission. We will not unreasonably withhold ourpermission, unless it will cause a nuisance or annoyance to other people, ordamage 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 suchactivity, if it causes a nuisance or inconvenience to your neighbours or harms thereputation of the neighbourhood. In some cases you may need our permission torun such an activity, contact us for more information.

12.5 You and / or anyone living in or visiting the property (including children) must notuse the property for any criminal, immoral or illegal purposes. This includes (withoutlimitation) using the property for the supply, possession and / or use of illegalsubstances 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 rubbishand similar waste items in council provided wheelie bins, dustbins, refuse chutesand similar containers.


13Ending the tenancyThis section sets out what you must do if you want to end the tenancy with us, andwhat 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 noticeperiod. There is a Tenancy Termination form available for you to complete, contact usfor more information.

13.2 You must return to us all the keys to the property, on or before the date the tenancyends. If you do not give us the keys to the property we may charge you for any rentlost 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 rubbishand all of your personal belongings. If you leave any belongings in the property wewill not be held liable for them, and we will treat them as unwanted and abandonedby you. We will dispose of the unwanted belongings and seek to reclaim from youthe costs of removal and disposal.

13.4 You must leave all fixtures and fittings in the same condition as they were in whenyour tenancy started, allowing for ‘wear and tear’. We will charge you for anydamage which we consider has been caused by wilful neglect or as a result ofimprovements or alterations carried out by you or on your behalf without ourpermission.

13.5 You must pay all rent and other charges up to the end of the tenancy. If you do notpay rent or other charges that you owe us, we may start legal action against you torecover the money as a debt. This may affect your ability to obtain credit in thefuture and it may affect your ability to get a home from us and other social landlordsin the future.

13.6 You must allow us access to the property during the 4 weeks notice period, tocarry 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 tenantends 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 ashis or her / their only or principal home the tenancy can be ended by the serving ofa Notice to Quit at the property addressed to the tenant, giving no less than 4weeks notice ending on a Sunday.


14Matters that require written permissionYou must obtain our written permission to undertake certain actions whilst you aresubject to this agreement. This section sets out the circumstances when you willneed 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 orshared 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 replacea 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.


15Matters that require written noticesIn certain circumstances we are required to serve you with notices and otherdocumentation (legal or otherwise) in connection with this tenancy. This section setsout 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 inconnection with this tenancy agreement, will be deemed validly served if addressedto 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 atyour last known address unless you provide us with an alternative address forcontacting you.

15.3 All letters, notices and documentation will be deemed to have been received by youwithin 48 hours if posted by 1st class post or 24 hours if hand delivered to theproperty. If personally handed to you, all letters, notices and documentation will bedeemed to have been immediately received by you on that day.

You can send any notices to us at this address:

Stoke-on-Trent City CouncilPO Box 634Civic CentreGlebe StreetStoke-on-TrentST4 1RJ


16Compliments, comments and complaintsWe aim to provide a high standard of service to you and your views about ourperformance are very important to us. This section sets out how you can tell us howwe 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 complaintsand take action, where possible, to improve the quality ofour 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 www.stoke.gov.uk

• Write to:Corporate Complaints OfficerStoke-on-Trent City CouncilPO Box 636Glebe StreetStoke-on-TrentST4 1RN


17Contacting 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 01782 234100

Email [email protected]

Website www.stoke.gov.uk

Text us 07786 200 700

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

Fenton Local Centre 5 Baker Street Fenton ST4 3AF

Stoke Local Centre Swann House Boothen Road Stoke-on-Trent ST4 4RY

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

You can also visit your Local Centre between 9:00 am and 5.00pm Monday to Thursday(4.30pm on Fridays)


Stoke-on-Trent City CouncilPO Box 634 Civic Centre Glebe StreetStoke-on-Trent ST4 1RJ

October 2008

Documents

TENANCY AGREEMENT OUTPUT - WhatDoTheyKnow