CONDITIONS OF TENANCY The Conditions of Tenancy and rights and duties of Landlord and Tenant are set out in this document. This is an important document and failure to comply with the Tenant's duties under these Conditions could result in legal action being taken, which may, by way of example, involve the Council taking proceedings for possession of the Dwelling. If you are joint Tenants, the term ‘Tenant’refers to each of you individually and jointly. Dwelling means the accommodation, fixtures and fittings, garden, garage, shed, outbuilding, fence or wall let with the dwelling. Common areas means the entrances, halls, stairways, passages, balconies, yards, lifts, fire escapes, roads, paths and all other access ways leading to the Dwelling. This document is a Tenancy Agreement between of and the DOVER DISTRICT COUNCIL in respect of The tenancy begins on Rent £ Service Charge £ Total Weekly Charge £ GENERAL CONDITIONS Rent A1 To pay the rent and all other charges due in advance on Monday of each week. Payment to be made by any of the methods arranged by the Council. A2 The Council will give 28 days notice in writing to take effect on a particular Monday where the rent and any other charges need to be varied. Acceptance of Conditions A3 On the Tenant taking possession of the dwelling having received a copy of this Agreement the Council and the Tenant will be bound by its terms, whether it has been signed or not. Termination of Tenancy A4 The Tenant may terminate the Tenancy by giving written notice to the Council 28 days in advance to expire on a Monday. The Council cannot terminate the Tenancy unless the Tenant abandons the dwelling or no longer uses it as his/her only or principal home. If, however, the Council has good reasons for doing so, it can apply to the County Court for the Court to terminate the Tenancy. Twenty-eight days notice in writing will be given to the Tenant of the Council’s intention to ask the Court to terminate the Tenancy. Notices A5 The Landlord's address in England and Wales at which Notices (including Notices in proceedings) may be served on the Landlord by the Tenant is: Dover District Council White Cliffs Business Park Dover, Kent, CT16 3PJ A6 Any Notice or other document which the Council wishes to give to the Tenant in connection with 1. the Tenancy may be given to the Tenant by either posting it to him/her or by leaving it for him/her, in either case, either at the Dwelling or his/her last known address. Any Notice given to the Tenant in either of these ways is effective even if, for any reason, the Tenant does not actually receive it. THE COUNCIL’S OBLIGATION Right to Occupy B1 The Council will not interfere with the Tenant’s right to occupy the dwelling except in circumstances permitted by law. Repairs and Maintenance B2 Repairs and maintenance will be carried out by the Council. These repairs apply to gas, water and electricity supply equipment, drains, basins, sinks, baths, WCs and any appliances for heating or hot water, gutters and pipes, the structure and gates, fences, walls and footpaths, except: a. those repairs which are the responsibility of the Tenant, and b. the Tenant’s own property Where the Council provides lifts, entry phones, laundry facilities, refuse collection, equipment and emergency alarm appliances, the Council will take reasonable care to keep these services in working order. B3 The Council will take reasonable steps in normal circumstances to carry out its repairing responsibilities within a reasonable time of a defect being reported. Information about the Council’s current arrangements for repairs is provided in a booklet handed to the Tenant on the signing of this agreement. This booklet will also be available to the Tenant during office hours at any of the Area Offices or at the Council Offices, Whitfield. B4 The Council will plan to decorate the exterior of the Dwelling every five years. Any common areas will be decorated when the Council considers it is necessary. Complaint and Enforcement B5 The Council will take reasonable steps to investigate complaints about alleged breaches of Tenancy Conditions and will take any action which the Council considers appropriate. Consultation B6 Where the Council feels it is necessary to change the Conditions of Tenancy, the Tenant will be invited to make comments on the proposed changes before they come into force. This does not apply to changes in rent or other charges. THE TENANT’S OBLIGATIONS Residence and Use C1 To live in the Dwelling as his/her only or principal home. To use the Dwelling as a private dwelling only and not for any trade, profession, business or other purpose which has not been agreed by the Council in writing. Care and Upkeep C2 To report to the Council any defects and necessary repairs which are not the Tenant’s responsibility, immediately the Tenant becomes aware of them. C3 To take good care of the Dwelling, the common areas and the Council’s fixtures and fittings. C4 (a) The Tenant will bear the cost of repairing or replacing items damaged or destroyed deliberately or through neglect or carelessness, including items for which the Council is otherwise responsible. The Tenant will also keep the interior of the Dwelling in a good state of decoration, clear blocked waste traps to basins, sinks and baths, regularly 2. sweep chimneys and attend to other items of Tenant’s responsibility specified by the Council. The Council may offer to carry out this type of work if the Tenant and his/her household are incapable of doing it or arranging for the work to be done because of age, disability or some other special reason and there is financial hardship. (b) The Tenant will service, test and keep in proper repair his/her gas and electrical appliances and fittings and maintain in good condition other items which are his/her responsibility. C5 To pay the Council the cost of carrying out any repairs or other work which is necessary and the Tenant’s responsibility which either arise from a breach of the Conditions of Tenancy or at the end of the Tenancy. C6 To obtain the written consent of the Council before making any alterations, improvements or additions to the dwelling, fixtures or fittings. Consent will not be unreasonably withheld, but may be subject to conditions. Any alterations, improvements or additions to the Dwelling, fixtures or fittings must be maintained by the Tenant, who must also reinstate the Dwelling if required to do so by the Council during or at the end of the Tenancy. C7 Not to store on the premises quantities of inflammable materials, liquids, gases or other harmful substances, other than may be reasonably needed for domestic use. Not to do or permit anything to be done which increases the risk of fire, flood or damage to the premises. Access C8 To allow the Council’s authorised Officers, Agents, Workmen and Contractors access to the Dwelling in order to inspect or carry out repairs or other works and to cooperate with such people. Reasonable notice will be given by the Council except in the case of an emergency when access must be given without notice. C9 The Council may forcibly enter the Dwelling for the purposes mentioned in C8 in the following circumstances: (a) in emergency; (b) where the Tenant has failed to make proper arrangements for access after reasonable notice has been given by the Council. External and Common Areas C10 To keep all garden areas, balconies and yards of the dwelling tidy and free from weeds and rubbish. C11 Not to obstruct internal and external common areas and, where no cleaning service is provided for internal common areas, to keep them in clean condition. C12 Not to use any internal or external common areas for purposes other than those for which they are intended and not to use them in a manner likely to cause a nuisance or annoyance to neighbours, or other residents in the locality, and, in particular, not to: (a) dump rubbish on them, unless the area is specifically designated by the Council for that purpose; (b) repair cars, trailers or vehicles on them; (c) light bonfires on them; (d) undertake any commercial activity on them; (e) store anything on them. Behaviour and Responsibility C13 To act in a reasonable and considerate manner and avoid conduct causing or likely to cause a nuisance or annoyance to persons residing, visiting or otherwise engaging in a lawful activity in the locality. 3. For example, the Tenant must not: (a) use the dwelling for any illegal or immoral purposes, or commit any arrestable offence in the locality. Arrestable offence includes burglary, theft, robbery, criminal damage, assaults occasioning bodily harm and drug trafficking; (b) play a radio, television, stereo (or similar), or musical instrument so loudly that it can easily be heard in a neighbouring dwelling; (c) drill, hammer, saw or carry on any other similar noisy activity so as to cause disturbance to occupiers of any nearby dwelling. In particular, The Tenant must not carry on such activities between 9pm and 8am; (d) frequently shout or use bad language; (e) dump rubbish anywhere within the locality, except in any area designated by the Council and, even then, only to place rubbish there within any receptacle provided. (f) allow any member of his/her household or any visitors to damage property belonging to the Council or other residents in the locality; (g) have bonfires that cause a nuisance to other people in the locality. C14 The Tenant will be responsible for the actions of all persons living at the Dwelling or visiting the Dwelling. The Tenant will ensure any such persons comply with these Tenancy Conditions and must compensate the Council against any claims arising from damage or nuisance caused by others. The cost of making good any damage caused by such persons will be met by the Tenant. C15 The Tenant, members of his/her household and visitors must not use violent or threatening behaviour towards other residents of the locality, their visitors, nor any Councillors, staff, agents or contractors of the Council or commit any acts of intimidation or harassment on the grounds of their race, religious belief, sex, sexuality, age or disability, or any other grounds that cause a nuisance or offence. Domestic Violence C16 The Tenant must not use or threaten violence against any other person lawfully entitled to reside in the Dwelling, so that they are forced to leave by reason of such violence or fear of violence. Vehicles and Parking C17 Not to park any vehicle, caravan or trailer on grass areas, on any areas where the Council restricts or prohibits parking, or in such a way as to cause obstruction, nuisance, annoyance or danger to other residents and visitors to the locality. C18 To make proper arrangements for the storage of any vehicle, caravan or trailer whilst it is either not in use or untaxed, or in a state of disrepair. Any such vehicles, caravans or trailers must not be left on any car park, common area or road within the locality. C19 Not to park any vehicle, caravan or trailer in any garden or yard of the dwelling without written consent from the Council. The Council’s consent is not required for the parking of a private motor car, motor cycle or similar-sized private motor vehicle on a properly constructed drive or hardstanding provided by the Council or by the Tenant with the Council’s agreement. Pets and Animals C20 Not to keep any animal at the Dwelling in such a way as to be a danger, nuisance or annoyance to neighbours, or in circumstances where having regard to the size, nature and location of the Dwelling it is otherwise unreasonable. Not to keep any dog or cat in any flat or maisonette without permission from the Council. To obtain public liability insurance regarding any animal kept at the Dwelling, where there is an identifiable risk of injury to the public. Sub-Letting C21 Not to pass the dwelling on to anyone else or sub-let the whole of the dwelling. 4. C22 Not to sub-let or part with possession of part of the dwelling without the written consent of the Council, which will not be unreasonably withheld. Overcrowding C23 Not to allow the dwelling to become overcrowded as defined by the Housing Acts. End of Tenancy C24 At the end of the Tenancy to leave the dwelling vacant, clean and in a good state of repair and decoration except for any repairs which are the Council’s responsibility. Any items left on the premises after the Tenant has left will be cleared and disposed of by the Council at its discretion and the cost of doing so charged to the outgoing Tenant. Any outstanding rent must be paid when handing in the keys. C25 To return all the keys to the Council Offices, White Cliffs Business Park, Dover, or the nearest Area Office by 12 noon on the day the tenancy ends. If all the keys are not returned on time the locks may be changed at the Tenant’s expense. Signed by the Tenant(s) ............................................................................ ............................................................................ Signed on behalf of Dover District Council ............................................................................ Full Name and Designation ............................................................................ Date ............................................................................ 5.