Your tenancy · Your tenancy 08.qxd:Layout 1 1/3/12 09:12 Page 1. This leaflet explains your rights and responsibilities as a tenant. We have a range of leaflets which give you more

w w w . b e r n e s l a i h o m e s . c o . u k

A fresh approach to people, homes and communities

Your tenancy

Your tenancy 08.qxd:Layout 1 1/3/12 09:12 Page 1

This leaflet explains your rights and responsibilities as atenant. We have a range of leaflets which give youmore information about your tenancy and our services.

Welcome to Berneslai Homes – this leaflet explainswhat you can expect from us.Getting in touch – this leaflet will help you to find theright contact details for any questions you may have.Repairs handbook – this leaflet helps you to identifyrepairs, and tells you how to report them and whatservice you can expect from us.Your rent and service charges explained and how topay – this leaflet tells you how we work out your rentand service charges and the different ways you can pay.Ending your tenancy – this leaflet tells you what youneed to do if you want to end your tenancy.

What sort of tenancy do I have?There are different types of tenancy – such as secure, introductory and flexible (fixed term)When you become a tenant, we will tell you what typeof tenancy you have.

The main differences are:

the rights your tenancy gives you; andthe processes we have to follow if we want to endyour tenancy.

w w w . b e r n e s l a i h o m e s . c o . u k2


What is the tenancy agreement?When you become a Barnsley Metropolitan BoroughCouncil (BMBC) tenant, you will sign a tenancyagreement. We will give you a copy of this agreement.Your tenancy agreement is an important document, soplease keep it in a safe place.

This agreement is a legal agreement between you andBMBC. We manage the housing service on behalf ofBMBC.

What are my responsibilities?Simply, your responsibilities are to follow the terms ofyour tenancy.

If you have any questions about your tenancy agreementor your responsibilities, please contact your housingmanagement officer. For details of how to contact yourhousing management officer you can phone us on01226 775555 or see our leaflet ‘Getting in touch’.

w w w . b e r n e s l a i h o m e s . c o . u k 3


If you are an introductory or a flexible (fixed term) tenant, there are other leaflets called ‘Introductory tenancies’ and ‘Flexible (fixed term) tenancies’ which give more detailed information about your rights. If you need a copy of one of these leaflets, please ring us on 01226 775555 or visit our website at www.berneslaihomes.co.uk.


Can you change the terms ofmy tenancy?

We can also change your rent and service charges,but we will always give you at least 28 days’ notice inwriting. For more information, please see our leaflet‘Your rent and service charges explained and how topay’. For a copy of this leaflet, please ring us on01226 775555 or visit our website atwww.berneslaihomes.co.uk.

How long does my tenancy last?

We can only end your tenancy by getting a possessionorder through the court. We will only do this as a lastresort.


Yes. We can change the terms of secure, introductory and flexible tenancies, but only after we have asked for your views.

Your tenancy lasts for as long as you want (except for flexible (fixed term) tenancies that last for a fixed period of time), as long as you pay your rent and keep to the terms in your tenancy agreement. An introductory tenancy will automatically become secure after 12 months as long as we have not started legal action against you.


Sometimes we may need you to leave your homefor a short time. Usually this is for health and safetyreasons or if we are doing improvements to yourhome. If this happens, we will arrange temporaryrehousing if required. You may have the right tocompensation or help with the cost of moving into atemporary home. If you move into temporary housing,you have to move back to your home when theimprovements have been completed. Sometimes wemay need you to leave your home permanently (forexample, if we plan to demolish your home). Again,we will offer you another suitable home. You will alsohave the right to compensation and help with the costof moving.

If we need you to move either permanently ortemporarily, we will always:

consult you;give you good-quality information; anddo our best to meet your needs.



Can you evict me?Yes, but evicting a tenant is a last resort.

If you seriously or consistently break the terms of yourtenancy, we will ask the court for permission to evictyou. We will only evict you if what you have done isserious and the court agrees with us. We will always tryto work with you to sort out any problems before wetake legal action.

Behaviour that may lead to us ending your tenancyincludes:

rent arrears or constantly not paying your rent on time;nuisance, annoyance or harassment in the area youlive in;using your home for criminal activities;deliberately damaging your home, gardens andshared areas;giving false information to get the tenancy; ornot looking after your home or garden, and so on.

What happens if you want to evict me?If we want to evict you, we have to follow certain legalprocedures.



Introductory tenants onlyIf you are an introductory tenant, you have much lesssecurity in your tenancy. As long as we have a goodreason and have followed our procedures, the courthas to give us permission to evict you.

For more information on our introductory tenancyprocedures, please see our leaflet ‘Introductorytenancies’. For a copy of this leaflet, please ring us on01226 775555 or visit our website atwww.berneslaihomes.co.uk.

Secure and flexible (fixed term) tenants only

If you do not stop breaking the terms of your tenancyafter we have asked you to, we will give you a ‘noticeof seeking possession’.

This notice will tell you exactly why we are taking actionand will give you 28 days’ notice that we intend to askthe court for a possession order. At the end of the 28days, if you are still breaking the terms of your tenancy,we will ask the court to arrange a date to hear yourcase. If we are taking action against you for seriousantisocial behaviour, we do not have to wait 28 days.In this case, we can ask the court to make a decisionstraight away.


If you are a secure or flexible tenant, the process is different.


A ‘notice of seeking possession’ lasts for 12 months,even if we decide not to ask the court to hear yourcase. We cannot act on a notice if:

we served it more than 12 months ago and we havenot asked the court to hear the case before the end ofthe 12 months; oryou follow the terms of your tenancy for example, if thenotice was for rent arrears and you pay all your rentarrears off before we ask the court to hear your case.

However, if we served the notice less than 12 monthsago and you are still breaking the same terms of yourtenancy, we do not have to give you another ‘notice ofseeking possession’. In this case, we can just ask thecourt to hear your case.

You will be responsible for paying any court costs.

For more information about the action we can take,see our leaflet ‘I have been served a notice of seekingpossession – what happens next?’. For a copy of thisleaflet, please ring us on 01226 775555 or visit ourwebsite at www.berneslaihomes.co.uk.



Can I pass on my tenancy?You may have the right to pass on your tenancy tosomeone else in certain circumstances.

1 While you are aliveOnly secure tenants have this right and only in certaincircumstances.

You may have the right to pass on (assign) yourtenancy to certain members of your family(assignees) during your lifetime. This is only if themember of your family would have the right tosucceed to your tenancy if you had died at thetime you asked for the transfer.We have to agree to this transfer. We will notagree to the transfer if you want to transfer toanother council property. In certain cases, wewould also have the right to ask the assignee tomove to more suitable accommodation.

If you pass on your tenancy in this way, you aregiving up your rights to the tenancy and even yourright to live in the property. So, you must alwaysthink very carefully before asking our permission totransfer your tenancy. If you are a secure tenant, theperson you pass on your tenancy to would be asecure tenant.



2 Mutual exchangeIf you are a secure tenant, you have the right to ask toexchange your tenancy with another council or housingassociation tenant. This is called ‘mutual exchange’.If you are an introductory tenant, you do not have thisright, although we may agree in exceptionalcircumstances.

You will need our permission before you exchange. Wewill only refuse your request where there is good reason– for example, if the property would be overcrowded orif the property has been adapted for a disabled personand no disabled person will be living there.

You must also be keeping to the terms of your tenancy.For example, you must have a clear rent account. If youare breaking the terms of your tenancy, we will ask youto put this right before we make a final decision aboutthe exchange.

Most people find a ‘swap’ through word of mouth orthrough an advert in local newspapers, shops or postoffices. You can also use the national Homeswapperscheme which is the UK's largest list of council andhousing association tenants who want to swap theirhomes.



You can join Homeswapper by registering online onthe Homeswapper website at www.homeswapper.co.uk.Within two working days of you registering, you canuse the website to look for a tenant to swap homes with.The website is updated every day.

Once you have found someone to swap with pleasecontact Barnsley Connects on 01226 775555 andask for a mutual exchange form. The person you areswapping homes with should do the same.

3 When you dieIf you die, your partner or relative may have the rightto take over your tenancy. This is called ‘succession’.This cannot happen if this tenancy was passed to youthrough a succession or was transferred to you by arelative during their life. They also have to have lived withyou for at least 12 months immediately before you die.

We will need to agree to the succession.


This right is the same for secure, introductory and flexible (fixed term) tenants. But for introductory tenants, the person who succeeds to your tenancy will be an introductory tenant for the time left on your introductory tenancy. They will then become a secure or a flexible (fixed term) tenant as long as they are following the terms of their tenancy.

4 Through the courts in divorce orseparation cases

In the case of divorce or separation, the court may orderwho has a right to the tenancy. The court will usuallygive the tenancy to the person who has full custody ofdependent children if they would otherwise be homeless.

What is a joint tenancy?A joint tenancy is where more than one person agreesto become the tenant of the property. Joint tenants haveequal rights and responsibilities in the tenancy. Weagree to joint tenancies for couples, including partnersof the same sex. In some cases, we agree to jointtenancies for people who are not living together aspartners - for example, brothers and sisters or friends.

We allow joint tenancies at the time we rehouse you.But in some circumstances, we may agree to let youbecome a joint tenant after your single tenancy hasstarted. These circumstances are if:

you marry; oryou have a new partner who lives with you (includingpartners of the same sex).



In both cases, you must wait 12 months beforeasking us to change the tenancy into a joint tenancy.This is to protect your rights to the tenancy and tomake sure that you are certain about giving anotherperson an equal right in your tenancy. We will askyou to prove that they have lived there for 12 monthsor more.

We will not agree to change your tenancy to a jointtenancy with another family member or a friend. Forexample, you cannot ask us to make your son a jointtenant with you, even if he has lived with you for 12months or more. It may be that your son would havethe right to succeed to your tenancy. Please see‘When you die’ on page 11 of this leaflet.

What happens if I am a joint tenantand my relationship breaks down?You both have equal rights to stay in the tenancy.

If you cannot agree who will stay in your home, youcan ask the court to make a decision. This will besomething you may need to ask a solicitor to helpwith. When the court decides who can be thetenant, we will change the tenancy.



Can I end my part in a joint tenancy?Yes, you can, but it ends the whole tenancy. We mustthen decide whether to allow the other tenant to take ona new tenancy in the property, or whether to ask them tomove out.

Before we decide this we will carefully consider theirsituation.

Whether the other tenant would become homelessand, if so, does the council have a responsibility torehouse them?Is the other tenant vulnerable or at risk, or do theyhave dependent children?Has the other tenant followed the terms of the tenancy?Do they need this type of property?Is there anyone on the council’s housing register whohas more priority for the property?

If you end your joint tenancy, you will be jointlyresponsible for any rent or debt you owe us, until thedate the tenancy ends. If you owe us a debt at the endof this time, we will still take action against you.



My joint tenant has moved out.Can I take over the tenancy?We can agree to this but you will need to tell uswhere your ex-partner has moved to.

We will need to contact them to make sure that theydo not intend to return to the property.

As in the example above, you will have to end thewhole tenancy and we have to agree to offer you asingle tenancy.

Can I take in a lodger?A lodger is a person who pays you to live in yourhome. They do not have exclusive use of all or anypart of your home.



If you are a secure or a flexible (fixed term) tenant, you have the right to take in lodgers as long as it does not cause your home to be overcrowded. You must tell us in writing if you have taken in a lodger. We will only refuse you permission if it causesovercrowding.

You are responsible for your lodger. If your lodgercauses nuisance in the area or breaks the terms of yourtenancy agreement, we will take action against you.

If you are an introductory tenant, you do not have theright to take in lodgers. However, if you want to take ina lodger, you must ask for our permission. We will onlyrefuse you permission for good reasons.

If you want to take in a lodger, you must write to us andtell us:

the name of the lodger;their age and sex; andwhat part of your home they will be living in.

Please send your letter to:Administration TeamPO box 627BarnsleyS70 9FZ.



Will a lodger affect my benefits orcouncil tax?Yes, it can affect them. For more information, pleasering the Council Tax Department on 01226 774774or the Housing Benefit Department on01226 774743.

Can I sublet my home?A subtenant is a person who pays you to live in partof your property and who has the exclusive use of thatpart of the property.

If you are an introductory tenant, you do not have theright to sublet your home. However, we may give youpermission in certain cases.



Remember, if you are a council tenant, you must tell the Council Tax Department or the Housing BenefitDepartment.

If you are a secure or a flexible (fixed term) tenant, you have the right to sublet part of your home but only after getting our permission.

For introductory, secure and flexible tenancies, you cannot sublet all of your property.

Also, we will only give you permission to sublet part ofyour home as long as you meet the following conditions.

You do not give the subtenant any type of tenancy.You are responsible for the behaviour of the subtenant.If they cause nuisance or break your tenancyconditions, we will take action against you.The subtenant must leave your home before you endyour tenancy.You must tell the Council Tax Department about yoursubtenant and you must give details on any applicationyou make for Housing Benefit. Your benefits and anycouncil tax discount will be affected.The property must not become overcrowded.

We can withdraw our permission at any time. Also, ifthe subtenant does not leave, we will take legal actionagainst you.

If you want to sublet part of your home, you must writeto us and tell us:

the name of the subtenant;their age and sex; andwhat part of your home they will be living in.

Please send your letter to:Administration TeamPO box 627BarnsleyS70 9FZ.



Can I keep a pet?

You must not keep an animal in sheltered housing unlessit is a registered guide dog for the blind or a registeredhearing dog for the deaf and you have our permissionto keep it.All tenants need our permission to keep any othernondomestic animal. We can refuse permission if webelieve:

the animal is dangerous;the animal is a risk to others or to public health;it is cruel or unreasonable to keep the animal in yourhome or garden; orthe animal is likely to cause nuisance.

If you have any pets, you must keep themunder control. Do not allow them to:

make a noise;roam on the estate or in other gardens; orfoul on the estate, in shared areas oron footpaths.



Secure, flexible (fixed term) and introductory tenants can keep pets. You do not need to ask our permission to keep small domestic animals such as dogs, cats, rabbits, mice, guinea pigs, fish or budgies.

You must clean up after your pet if it fouls in yourown garden.

You cannot breed animals in your home or garden.

You must make sure that your pet does not cause anynuisance or damage. If you do not keep your pet undercontrol, we can take action against you.

What about paying my rent?Rent is the payment you make for living in your home.For more information about rent, please see our leaflet‘Your rent and service charges explained and how topay’. For a copy of this leaflet, please phone us on01226 775555 or visit our website atwww.berneslaihomes.co.uk

Can I get help to pay my rent?You may be entitled to Housing Benefit and Council TaxBenefit even if you work full time. If you are not surewhether you qualify, you should apply now, as HousingBenefit is not normally backdated to before the date ofthe claim. You can get a form by phoning 01226775555 or from any Barnsley Connects office. If youhave any questions about Housing Benefit, phone theHousing Benefit helpline on 01226 774743. We havefree phones to the helpline in most of our BarnsleyConnects offices.



What if I want to move home?You can apply to join the housing register to transfer toanother Barnsley Council property. The housing registeris a list of people who want us to rehouse them. Peoplealso join the housing register if they want to be putforward to a housing association. The list is acombined list for our current tenants and all otherpeople. The register works under a set of rules knownas the lettings policy. If you want to join the register,you will need to fill in a form and return it to us. Youcan fill in a form online at www.berneslaihomes.co.uk;ask for a form by phoning 01226 775555, or fromany Barnsley Connects office.

You can also apply to exchange homes with anothertenant. Please see page 10 of this leaflet for moreinformation about mutual exchanges.



Can I buy my home?As a tenant of Berneslai Homes you may have the rightto buy your home. However, there are some exceptions(for example, if you live in sheltered housing). Thisservice is run by the Right to Buy Team.

The Right to Buy scheme gives most council tenants theright to buy their home at a discount. You must havebeen a council or housing association tenant for fiveyears or more to qualify. If you are an introductory tenantyou do not have the right to buy your home.



If you want to apply to buy your council home, youmust first fill in a Right to Buy application form (RTB1).You can get one by:

phoning the Right to Buy Team on01226 772181;downloading a form from the council’s website atwww.barnsley.gov.uk; orcollecting one from your local BarnsleyConnects office.

Can I see any personal informationyou hold about me?The Data Protection Act 1998 gives you certain rightsto see the information we and the council hold aboutyou. If you want to see your housing records, youshould contact us in person or in writing.You will have to give us proof of your identity. Wewill charge you £10 for any information we provide.If you ask for information from your housing transferapplication, we will provide this free of charge. Wewill give you the information within 40 days.



What if I have a disability and need myhome adapting?If you are having difficulty managing in your currenthome because of a disability or health reasons, we willconsider whether we can:

find you another home to meet your needs;adapt your home to meet your needs (for example, byfitting a stair lift); orprovide you with equipment to help you manage (forexample, by fitting grab rails in bathrooms).

If these apply, you (or someone on your behalf) need tophone the South West Yorkshire Partnership NHSFoundation Trust Equipment and Adaptation Team on01226 775800.

An officer will visit to assess your needs and discuss withyou the options we can provide.



What should I do if I am sufferingfrom nuisance from a neighbour orharassment on my estate?Neighbour nuisance covers all sorts of things fromplaying loud music to threats of violence. The easiestway to sort out a problem with a neighbour is usuallyfor you to sort it out yourself in a friendly way. Youshould try discussing the problem with the person whois causing the nuisance. If this doesn’t work or if youfeel that this will put you at risk, get advice from yourhousing management officer.

If any crime is being committed, you must also phoneSouth Yorkshire Police on their non-emergency number101.




What about repairs in my home?You can report a repair in one of these ways.

By phoning our Repairs Hotline on01226 787878.

By visiting www.berneslaihomes.co.uk.

By visiting your local Barnsley Connects office orspeaking to your housing management officer.

The Repairs Hotline is our contact centre for customerswho want to report a repair or who have a questionabout a repair. You can contact them 24 hours a day,seven days a week.

When you report a repair, we will tell you what we aregoing to do. If we can, we will arrange an appointment foryou. We will send you a receipt to confirm what action wehave taken.

You can report repairs out of normal office hours, but wewill only come out to you between 4pm and 8am if it is anemergency repair. For more information about repairs,please visit your nearest Barnsley Connects office or ringthem on 01226 787878.





Can I make improvements to my home?You may make improvements to your own home as longas you:

get our permission in writing before you do theimprovement; and

meet any planning permission and building regulationrules. For information about building regulations andplanning permission you can ring the Council’sPlanning Department on 01226 772593.

Do you maintain any improvementsI have made?We may maintain some alterations or improvements youmake to your own home, but others may remain yourresponsibility. We will service a gas appliance that youhave installed. We will tell you when we give youpermission whether:

we will continue to maintain your own improvement;and

you will qualify for compensation if youleave your property.



Can I get compensation for anyimprovements?If you end your tenancy and move out, you may beable to get compensation for certain improvements.This depends on:

what type of improvement it is(see the table on page 30);

when the work was carried out;

if you still have the receipts for the work; and

if we gave you permission to do the work.

You must apply for compensation within 14 daysof your tenancy ending. If you are entitled tocompensation, we will work out what we pay youby following government guidelines. This is based onthe expected (notional) life of the improvement, thecost and the actual age of the improvement. If theimprovement is older than the notional life, you willnot be able to claim for it.



Qualifying improvement

Bath or showerWash basinToiletKitchen sinkStorage cupboards in the bathroom orkitchenWork surfaces for preparing foodWater and central-heating systemsThermostatic radiator valvesInsulating pipes, water tanks or cylindersLoft insulation or cavity-wall insulationDraught proofing outside doors or windowsDouble glazing, other outside windowsor secondary glazingRewiring or providing power and lightingor other electrical fittings (including smokedetectors)Any object which improves the security ofthe home, but not including burglar alarms

Notionallife (years)

1212121010

101271020820

15

10



How can I make a compliment,complaint or suggestion?We are committed to delivering excellent services to allour customers. Your comments (good or bad) can helpus to improve our services. If you have a problem or anidea, we can only act on it if you tell us about it.

If you want to make a compliment, complaint orsuggestion, you can contact us in any of thefollowing ways.

By filling in and returning the form on our‘Your comments count’ leaflet.

By phoning us on 01226 775555.

By writing to us at Bernesali Homes,PO box 627, Barnsley, S70 9FZ.

By e-mailing us [email protected].

By visiting www.berneslaihomes.co.uk.

By visiting any Barnsley Connects office.

For more information, please see our leaflet‘Your comments count’.


w w w . b e r n e s l a i h o m e s . c o . u k

July 2013

Berneslai Homes Limited is a company controlled by Barnsley Metropolitan Borough C ouncil. A company limitedby guarantee, registered in England and W ales, number 4548803. Registered O ffice: 10th Floor, G atewayPlaza, O ff Sackville St. , Barnsley, South Yorkshire S70 2RD. www.berneslaihomes.co.uk

Your tenancyThis is a guide to your rights and responsibilities as a tenant.

If you need help understanding this information,please call Customer Services on 01226 775555.

A fresh approach to people, homes and communities


Like us on Facebook Follow us on Twitter

10153

Documents

Your tenancy · Your tenancy 08.qxd:Layout 1 1/3/12 09:12 Page 1. This leaflet explains your rights and responsibilities as a tenant. We have a range of leaflets which give you more