England & Wales Tenancy Agreement for Introductory or Secure Tenant

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England & Wales Tenancy Agreement for Introductory or Secure Tenant Powered By Docstoc
					                                TENANCY AGREEMENT
                                      [NAME OF COUNCIL]

This tenancy agreement sets out your rights and responsibilities as a tenant of [Name of Council]. The
Council operates two types of tenancies – an Introductory Tenancy and a Secure Tenancy. If you
have been granted an Introductory Tenancy, it will be indicated in Section 2 of this Agreement.

An Introductory Tenant has fewer legal rights than a secure tenant. If you are an Introductory
Tenant, there will be a 12-month trial period during which you must demonstrate to the Council that
you are responsible enough to keep your Council home. You must (i) look after the home, (ii) pay
your rent on time, and (iii) not create a disturbance, harass or cause a nuisance to neighbours. If you
fail to abide by the conditions or break any of the rules contained in this Agreement, the Council will
apply to the Court to have you evicted from the Property. However, if you prove to the Council’s
satisfaction that you are a responsible tenant, you will automatically become a Secure Tenant on the
date set out in this Agreement.

If you become a Secure Tenant, you will have the full rights and obligations contained in the
Housing Act 1985, although you must continue to behave responsibly and keep the rules in this
Agreement.


Section 1       General Information contains information about you, the other occupants of the
                rental property, the details of the rental property, and general terms of the tenancy.

Section 2       Introductory Tenancy contains information that only applies to introductory tenants.

Section 3       Obligations of the Council contains details of the Council’s obligations for repairs
                and maintenance.

Section 4       Obligations of the Tenant contains details of your obligations as a tenant of [Name
                of Council].

Section 5       Rights of the Tenant contains information about your legal rights as a tenant.

Section 6       Ending the Tenancy contains details of how either you or the Council can end your
                tenancy.

Section 7       Miscellaneous Provisions contains other provisions that apply to the tenancy.

Premises Condition Report
                                                  -2-




                            Section 1 – General Information
THIS TENANCY AGREEMENT is made between [NAME OF COUNCIL] as the Landlord and the
following person(s) as Tenant:-

Name

D.O.B.                                                             Nat. Ins. No.

Name

D.O.B.                                                             Nat. Ins. No.

The word “you” refers to the Tenant. If this is a joint tenancy, the word “you” refers to all Tenants.

In addition to the Tenant, the following people will normally be resident at this property:-

Name

D.O.B.                                                      Relationship to you

Name

D.O.B.                                                      Relationship to you

Name

D.O.B.                                                      Relationship to you

Property                 The property let to you is known as __________________________[set out full
                         address of premises being let]

Start of Tenancy         The tenancy is weekly and begins on _______________ [date]. The first
                         week’s rent is due on that day.

Rent and Other Charges Payable Each Week

         Base Rent                                      £
         Additional Charges:
                Gas heating                             £
                Electricity                             £
                Water charge                            £
                Electric storage heating                £
                Security charge                         £
                Furnished accommodation                 £
                Lifeline                                £
                Sheltered scheme                        £
                Miscellaneous charges                   £
                [other – describe]
         TOTAL PAYABLE                                  £

         The base rent and any additional charges shown above are payable on the first (1 st) day of
         each week, which for purposes of this Tenancy Agreement is Monday.
                                                       -3-


         In each financial year, the total rent charged allows for four (4) weeks when no rent will be
         payable. These weeks will be determined by the Council. If you are behind in your rent
         payments, you must continue to pay the rent arrears during those rent-free weeks, regardless.

         The amount of rent payable under this Agreement may be varied by the Council upon giving
         four (4) weeks notice in writing. However, the Council is not required to give this period of
         notice if an increase in the rent is due to an increase in heating or other charges.


                                Section 2 – Introductory Tenancy
Is the tenancy an Introductory Tenancy?                 Yes                No
(If No, please skip this Section and proceed to Section 3.)

i)       For the first year of your tenancy, beginning on the start date, you will be an Introductory
         Tenant. As an Introductory Tenant, you have fewer legal rights than a Secure Tenant. You do
         not have some of the rights contained within this Agreement until you become a Secure
         Tenant. The rights that introductory tenancies do not have are set out in the part of the
         Agreement under the heading “Secure Tenants Only”.

ii)      The first year of your Introductory Tenancy represents a trial period. After the first year, the
         tenancy will convert to a Secure Tenancy, unless during the Introductory Tenancy period you
         or any person living with or visiting you has broken the conditions of the tenancy, in which
         case the Council may take steps to evict you and repossess the Property.

iii)     If the Council decides to take legal action against your tenancy, you will receive a Notice of
         Proceedings for Possession.

iv)      If you receive a Notice of Proceedings for Possession, you will have the right to request a
         review of the Council’s decision to evict you. You must ask for a review in writing within
         fourteen (14) days of receiving the Notice of Termination.

v)       The Tenant may end the Introductory Tenancy by giving the Council four (4) weeks’ written
         notice. The 4-week notice period must end on a Monday.


                          Section 3 – Obligations of the Council
Repairs. The Council will keep in repair:-

(a)      structure and exterior of the Property, which includes external doors, window frames, drains,
         gutters, external pipes, and the roof;

(b)      boundary fencing which runs adjacent to a road or footpath;

(c)      internal walls and plastering, skirting boards, doors and door frames;

(d)      services within the building which include heating and hot water supply, and electrical
         services excluding fuses and plugs;

(e)      water and gas supply, sanitary fittings and drainage within the curtilage of the Property;

(f)      those common areas of the building which are used by all tenants, including lifts, door entry
         systems, corridors, stairways, external doors and communal lighting;
                                                  -4-


(g)       decorating the exterior of the Property and any common staircases, corridors, passageways
          and entrances, and any other common areas which are used by other tenants (decoration is
          done on a 5-year cycle).

Timing of Repairs. The Council will perform repairs within a reasonable time. In the event that the
Tenant reports a repair, the Council will inform the Tenant when the work will commence and an
estimate of when the work will be completed. The Council will give the Tenant written confirmation
of the request for a repair (except for emergency repairs). The Tenant should retain the written
confirmation in the event that the Tenant may wish to make an inquiry at a later date.

Major Repairs. There may be special circumstances when, in order to discharge its responsibilities,
the Council has the legal right to relocate the Tenant and take possession of the Property in order to
perform work on it. These circumstances include all major building repairs, and complete demolition
and redevelopment of the premises. The Tenant’s relocation may be temporary or permanent. If the
Tenant agrees to a temporary relocation, the Council has the right to take possession of the temporary
home when work on the Property has been completed.


                         Section 4 – Obligations of the Tenant
Rent             You must pay the rent and other charges on time.

Residence        You must take possession of the Property at the start of the tenancy and live there
                 throughout the whole of the tenancy.

Use              You must use the Property as your only or main home. You must not allow the
                 Property to become overcrowded.

                 You must not use the Property or permit others to use the Property for any business,
                 trade or profession without the prior written consent of the Council. If the Council
                 gives its consent and your business disturbs neighbours, the consent will be
                 withdrawn.

Occupancy        You must not leave the Property unoccupied for more than one month without first
                 notifying the Council and receiving its written consent. If you do not comply with
                 this provision, the Council may believe the Property to be abandoned and may take
                 action to end the tenancy.

Repairs          You are responsible for carrying out small repairs such as unblocking sinks, and for
                 supplying internal fittings such as curtain rails and coat hooks.

                 You must report without delay any repairs which are the responsibility of the
                 Council, and any defects which may lead to the injury of anyone living at or visiting
                 the Property (such as a loose handrail in a stairwell) or which may cause damage to
                 the Property (such as a leaky roof). Repairs should be reported to your Area Housing
                 Office.

                 On reporting a repair, the Area Housing Office will issue you a receipt. You must
                 keep this receipt as proof that you have reported the repair, in the event of any
                 dispute.

Condition        You must keep the interior of the Property in a clean and tidy state and in a
                 reasonable decorative condition and use the Property and its fixtures and fittings in a
                 responsible manner, and to give immediate notice to the appropriate Council office of
                 any defects in the interior or exterior of the Property or in the fixtures or fittings.
                                                 -5-


Inflammable
Materials      You must keep the Property free from the presence, storage or collection of material
               which may be unsuitable such as rubbish, bottled gas, paraffin, petrol or any
               dangerous, offensive, inflammable or hazardous material. If the Property is situated
               in a building of more than four (4) storeys, you must not use or store liquefied
               petroleum gas (calor gas) or equivalent.

               If you fail to comply with this provision, the Council reserves the right, upon giving
               reasonable advance notice, to enter the Property and remove such material. If the
               Council takes legal action against you with respect to this provision, you may be
               liable for the legal costs involved.

Nuisance       You and any person living at or visiting the Property must not behave in any manner
               which causes or may cause nuisance or annoyance to other tenants, neighbours or
               any person in the community, including without limitation, loud music, excessive
               noise, door slamming, pet noises or odours, pets wandering onto other properties,
               littering and/or disposal of rubbish on other properties, public drunkenness, selling
               drugs or drug abuse, or any other acts which interfere with the peace, comfort or
               convenience of others.

               It is your responsibility to ensure that any person (whether adult or child) living at or
               visiting the Property does not breach this condition of the tenancy.

Harassment     You and any person living at or visiting the Property must not behave in any manner
               which causes or may cause harassment to other neighbours or persons in the
               community, on the grounds of race, colour, religion, sex, sexual orientation, age or
               disability, or otherwise which may interfere with the peace and comfort of, or cause
               offence to, any other tenant, member of such tenant’s household, visitors or
               neighbours. Examples of harassment include using or threatening to use violence;
               using insulting words, gestures or behaviour; damaging or threatening to damage
               another person’s home or possessions; writing threatening, abusive or insulting
               graffiti; or any other behaviour, language, gestures or acts which interfere with the
               peace, comfort or convenience of others.

               It is your responsibility to ensure that any person (whether adult or child) living at or
               visiting the Property does not breach this condition of the tenancy.

Illegal Uses   You must not use or allow others to use the Property to be used for any illegal or
               immoral purpose.

Drugs          With regard to controlled drugs or other substances covered by the Misuse of Drugs
               Act 1971 (or any other relevant Act or Regulation), you must not commit nor allow
               members of your household or visitors to commit any of the following at the
               Property:-

               (a)     cultivate, prepare or produce any controlled drugs or substances;

               (b)     supply or offer to supply any controlled drugs or substances to another
                       person;

               (c)     possess any controlled drugs or substances either with the intention of
                       supplying them to another person or otherwise.

Firearms       You or anyone living in or visiting the Property must not use on the Property
               firearms, explosives, fireworks or other dangerous and/or illegal materials or items
                                                 -6-


               of any kind, nor store any such materials or items in or around the Property or
               common areas.

Violence       You or anyone living in or visiting the Property must not inflict or threaten violence
               against any other person, whether such person lives in the Property or not, including
               any agent, employee or contractor of the Council.

               It is your responsibility to ensure that any person living at or visiting the Property
               does not breach this condition of the tenancy. The Council will strive to ensure that
               during the course of their duties, its agents, employees and contractors behave in a
               reasonable non-aggressive manner towards Council tenants.

Assignment     An assignment is a legal way of transferring your tenancy to another member of your
               household. This is only possible if that person is entitled to the tenancy. You must not
               assign your tenancy, or release one Joint Tenant’s interest in the Property to the
               other(s), without the written consent of the Council.

Fixtures &
Fittings       You must take care of the Property and the fixtures and fittings provided with the
               Property. You agree to reimburse the Council for the costs of repairing any damage
               to the Property caused by you, your visitors or a member of your household,
               including without limitation repairs to or replacement of fixtures, fittings, windows,
               doors, appliances, furniture and equipment provided as part of your tenancy.

Access         You must allow permit the duly authorised officers, agents, contractors and workers
               of the Council and of gas, water, electricity and any other utility undertaking or other
               authorised body to enter the Property at all reasonable hours in order to inspect the
               condition of the Property or for any other purpose required under the terms of this
               Agreement or in exercise of their statutory or other bona fide duties. The Council
               reserves the right to seek immediate access without notice in an emergency in order
               to prevent injury to any person or to prevent damage to the Property or any
               neighbouring property.

Garden         You must keep the garden properly cultivated and free from refuse and rubbish, and
               keep the trees, shrubs and hedges properly trimmed so as not to exclude light or air
               from any adjoining property and to keep any yard or open space on the Property free
               from pet wastes, refuse and rubbish.

Fencing        The Council will carry out a programme scheme for the repair and replacement of
               dividing fencing. However, in between programme schemes, it is your responsibility
               to repair or replace any dividing fencing which cannot wait until the next scheme.

               You must not move any fencing or hedges or create any vehicular access to the
               Property without the prior written consent of the Council.

Common Areas You must co-operate with other occupants in keeping all common areas clean and
             free from obstruction. You must not interfere with the communal doors by propping
             them open or by damaging locks. You must not give anyone, other than a person
             living at the Property, a key to the communal doors.

Television     You must not install a satellite television dish or aerial if the Property is served by a
               communal aerial system which includes the reception of satellite television. If the
               Property does not have satellite reception, you must not install a satellite television
               dish or aerial without the written consent of the Council.
                                                 -7-


Pets            If the Property is a maisonette, flat or multi-storey flat with a shared entrance, you
                must not keep a dog or a cat, without the prior written consent of the Council. If the
                Property has a private entrance or garden, you may keep a reasonable number of
                pets.

                You must keep your pets under control. They must not be kept in such a manner or
                in such numbers as to pose a risk to the health or safety of any person or to cause a
                nuisance or annoyance to your neighbours.

                You must not keep or bring into the Property or any common areas reptiles and
                animals as defined in the Dangerous Wild Animals Act 1976 or dangerous dogs as
                specified in the Dangerous Dogs Act 1991.

Livestock       The keeping of pigeons, fowl and other livestock is strictly prohibited in any Council
                property.

Parking         You must not park a car, caravan, motor home, or other large vehicle anywhere on
                the premises except on a hardstanding, driveway, or paved area which is intended to
                be used for parking. You must not park on grass verges or pavements.

                You must not park any trade or commercial vehicles on the Property.

                You must not drive over the pavement or a grass verge, unless there is a vehicular
                crossing, with a dropped kerb.

                You must not park anywhere that would obstruct emergency services, or cause any
                obstruction or danger to other vehicles, pedestrians, adjoining or neighbouring
                tenants.

                Illegal or unroadworthy vehicles shall not be parked in the community so as to cause
                a nuisance, obstruction or annoyance to neighbours.

Vehicle
Repairs         You must restrict any vehicle maintenance to minor repairs to your own vehicle or a
                vehicle belonging to a permanent member of your household. Any such maintenance
                must not cause excessive noise, dirt, spillage of oils, or smells, and shall not cause
                nuisance or disturbance to neighbours. This condition applies to the Property, the
                land around the Property and all roadways within the community.

Additional Obligations for Introductory Tenants Only

                If you are an Introductory Tenant, you must not take in additional members of your
                household, whether temporarily or permanently, without the prior written
                permission of the Council, which will not be unreasonably withheld. The members of
                your household are recorded on the face of this Agreement. Members of your
                household include children, relatives, friends and guests.


                            Section 5 – Rights of the Tenant
ALL TENANTS HAVE THE FOLLOWING RIGHTS.

Right to Repair. You have the right to repair. This ensures that small, urgent repairs that may affect
your health, safety or security are done quickly and at no cost to you. Under the law, the Council
must carry out these repairs within a certain time after you have notified the Council what needs to
be done, and the Council must give you a date by which the repair is expected to be completed.
                                                 -8-



If the repair is not performed on time, you can ask th
				
DOCUMENT INFO
Description: UK housing councils, prepare a Tenancy Agreement for Introductory or Secure Tenants in England or Wales with this ready-made template. - This Tenancy Agreement is for use in England and Wales only. - Rent is payable weekly, on Monday of each week. - The tenant is responsible for maintaining the premises, fittings and fixtures in clean condition and good order and repair. - The council is responsible for maintaining and repairing the exterior of the premises, and installations for water, heating, etc. - The council is not liable for damage caused by fire, flood or accident and tenants should arrange for their own insurance. - If the tenancy is an introductory tenancy, it will automatically become a secure tenancy after a 12-month trial period if the tenant does not default in his/her obligations and the Council has not instituted legal proceedings to evict. - The agreement also sets out the rights of tenants, and includes a template Premises Condition Report. This England & Wales Tenancy Agreement for Introductory or Secure Tenant is provided in MS Word format, and is fully editable to meet your needs.
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