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Sept 2008
LATCH
Assured Shorthold Tenancy Agreement
1. INTRODUCTION
1.1 This tenancy Agreement is a legal contract. Do not sign it unless you fully
understand it and agree to the Terms and Conditions stated. It describes the rights
and responsibilities of you, the tenant, LATCH Ltd, and where applicable the
Principle Landlord*
* For some of it's properties, LATCH is a Managing Agent acting on behalf of the
Principle Landlord. If this applies to your home, this will be outlined on the front
sheet of this document.
The signing of this agreement makes you an assured shorthold tenant. This
means that you are entitled to reside in the premises as your only or principle home
for 6 months. You will be subject to the law applying to assured shorthold
Tenancies. However, if during this 6 month period you have kept to the rules of this
agreement and continue to need support from LATCH your tenancy will be
renewed.
Circumstances where your tenancy may not be renewed are as follows:
Outright refusal to engage with LATCH support mechanisms
Continual and persistent failure to engage in support
Breach of this tenancy agreement
Where it is clear that you are no longer in need of LATCH support
Where you choose to move-on to alternative accommodation
Where LATCH as a managing agent may be required to hand the property back
to the landlord, i.e. housing association
1.2 Definition of words used in this document:
The word “tenancy” means the terms outlined in this document
The word “you” means you, the tenant(s).
The term “LATCH” applies to LATCH Ltd.
The term “your home” means the accommodation you will live in and any
garden, shed, garage, outbuilding, path, driveway or defined boundary
belonging to the property.
The words „communal areas‟ means shared entrances, halls, stairways,
passages, yards and any other access ways leading to and from your home.
The word “rent” refers to the sum of the rent and the service charge set out on
page 1 of this agreement, or varied from time to time in accordance with this
agreement.
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The words “support charge” refers to the support charge detailed on page 1
your tenancy, which is paid by Supporting People (or you if you have substantial
savings) to enable LATCH to support you in your home.
The word “principle landlord” refers where applicable, to the owner of the
property as outlined on page 1 of this document, for whom LATCH is the
managing agent.
The term “we” refers collectively to LATCH Ltd and the principle landlord where
applicable.
If English is not your first language, or you have any difficulty in understanding this
agreement please ask a member of LATCH staff to explain it to you or arrange to
have a translated copy made for you.
2. GENERAL TERMS
2.1 Services
Where applicable, LATCH or the principle landlord shall provide the services shown
in schedule (I) for which you shall pay the service charge(s) shown on the tenancy
front sheet.
2.2 Furniture Inventory
Your home is fully furnished according to the LATCH furniture inventory.
2.3 Support
LATCH shall provide support services which will be written down in agreement in a
detailed support plan. LATCH may, after consulting you, increase, remove, reduce
or vary the support services it provides. It will not make any changes which
adversely and significantly affect your position except where it is reasonable for
purposes of good support practice or as required by the Supporting People
Administering Authority.
The provision of support services is a fundamental part of this tenancy agreement
and by signing it you agree to accept the support services provided. If you fail to
accept the support services we may seek an order for possession under clause 7 of
this tenancy agreement.
2.4 Changes to this agreement
LATCH may change or alter anything in this agreement providing that we consult
you at least 4 weeks before the change is due to take effect.
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2.5 LATCH reserve the right to withdraw any communal facilities, services or equipment
(eg gardening service), provided that it is reasonable for us to do so and we give
you reasonable notice.
2.6 Service of Notices
Any letter, notice or other official document which you send us will be valid if you
send it by post or take it to LATCH’s office at the address shown on the front sheet
of this agreement. Any letter, notice or other official document which we send you
will be valid if we send it by post or leave it at your home.
3. YOUR RENT and SUPPORT CHARGE
3.1 It is your responsibility to ensure that your rent and support charge is paid, as
requested by LATCH.
3.2 Rent is payable in arrears every Friday and may be paid weekly, fortnightly or
monthly in agreement with LATCH.
3.3 If you have arrears from a current or former LATCH property, it will be a condition of
this tenancy agreement that you enter into an agreement to pay additional rent to
pay off the arrears until they are paid off, as detailed in a rent arrears agreement to
be drawn up by LATCH.
3.4 If you have arrears from a current or former LATCH property, you must agree to
pay additional rent back, unless the reason for repayment is the fault of LATCH.
3.5 If we have to pay back any Housing Benefit we have received for rent, you must
pay extra rent equal to the amount of benefit we must pay back.
3.6 If you do not pay your rent or support charge, LATCH may go to Court to get legal
permission to evict you from your home.
3.7 If you are Joint Tenants you are EACH responsible for ALL the rent and any rent
arrears. LATCH can recover all rent arrears owed for your home from any joint
tenant. If one joint tenant leaves, the remaining tenant or tenants are responsible
for any rent arrears that may still be owed.
3.8 You may pay your rent as follows:-
(i) At the LATCH office
(ii) By post to LATCH by cheque and postal order only
(iii) By Bank Standing Order to LATCH's bank account.
3.9 LATCH may increase or decrease the rent and support charge by giving you not
less than four weeks notice in writing of the change. The notice shall specify the
new rent and/or support charge.
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3.9 We will not increase the rent more than once a year except that we may increase
the rent on the first Monday in April following the start of this tenancy, and in any
event we will give not less than four weeks notice.
4. LATCH’s RESPONSIBILITIES
4.1 Possession
We agree to give you possession of your home at the start of the tenancy.
4.2 Access
We will not interrupt or interfere with your right to peacefully occupy your home
except where:
(i) We require access to inspect the condition of your home, or to carry out
repairs, improvements, treatments or pest control or other work to the
premises, communal areas or adjoining property. In such cases we will give
you at least 24 hours’ notice of our intention to visit your home.
(ii) We require access to provide any of the support services as detailed in your
support plan.
(iii) A court order has ended your tenancy
(iv) There is reasonable evidence that you have abandoned your home and that
you have surrendered your tenancy.
4.3 Repairs and maintenance
We will carry out repairs in a reasonable time from the date they were reported.
Target times for different kinds of repair are set out in the Tenant’s handbook and
are available on request from LATCH. As LATCH is a self-help project it may be
agreed with you that you undertake the necessary repair following discussion with a
member of the LATCH Staff.
4.4 We will keep in good repair, the structure and exterior of the property including:
Drains, gutters and external pipes
The roof
Chimneys, chimney stacks and flues
Foundations, outside walls, doors and windows
Internal walls, doors, cupboard units
Fittings, floors and ceilings
Fences, gates, boundary walls
Pathways, stairs and passages
Garages and external stores provided by Latch Ltd
Plasterwork
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4.5 We will keep in good repair and working order any installations provided for space
heating, water heating, sanitation and for the supply of water gas and electricity
including:
Basins, sinks, baths and toilets, waste pipes
Water heaters, fitted fires, central heating
Electric wiring (including sockets and switches), gas water pipes.
4.6 We will re-glaze windows after accidental or criminal damage unless you are
responsible for the criminal damage or if the damage is due to your misuse of the
premises.
4.7 We will take reasonable care to keep the common entrances halls stairways, and
lighting in reasonable repair and in a good state of decoration.
4.8 We will keep in good repair all internal fixtures and fittings, furniture and white
goods provided by us.
4.10 We will keep the interior and exterior of your home in a good state of decoration,
except for damage to decoration caused through your own neglect or misuse of the
premises.
4.11 Furniture
LATCH will replace furniture in accordance with it’s normal life-expectancy, or
where we are responsible for damage or destruction of furniture.
5. TENANT’S RESPONSIBILITIES
5.1 Repairs and maintenance
(i) You are responsible for any repairs to your home caused by a member of
your household or visitors if they have damaged or neglected the premises,
furniture or fittings. You may be required to reimburse any costs incurred by
LATCH in repairing such damage.
(ii) You are responsible for the following items of repair:
Lock changes and replacing lost keys when you have lost the keys, or
are locked out.
Replacing light bulbs in your home when they have blown
Replacing fuses and batteries on electrical equipment
Maintaining the garden/yard where agreed with LATCH.
Any repair to installations, furniture, electrical appliances or
improvements made by you
Any other damage which has been caused deliberately or maliciously.
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If any of the above repairs have to be carried out by LATCH you may be charged.
5.2 Reporting repairs
You agree to immediately report to LATCH any repairs to your home or communal
areas which are the responsibility of LATCH or the principle landlord, including
blocked drains, leaks from pipes and defects in the structure.
5.3 Alterations and adaptations
(i) You agree not to remove or make any alterations or adaptations to your
home or any fixtures, fittings, furniture or equipment provided by LATCH
without our consent.
(ii) You agree not to put up any satellite dish, TV aerial or similar apparatus
without obtaining our consent and any other necessary consent, for
example: planning permission. We will not unreasonably withhold our
consent but consent may be given subject to certain conditions.
5.4 Cleanliness
You agree to keep your home reasonably clean and tidy.
5.5 Access
(i) You agree that LATCH is entitled to a spare key to your property and to
provide a key should you change your locks.
(ii) You agree to allow LATCH’s or the Principle Landlord’s staff, agents or
contractors access to your home at all reasonable hours to inspect your
home and carry out any repairs, improvements, servicing of gas and other
installations, improvements, or pest eradication.
(iii) We will normally give at least 24 hours notice when access to your home is
required. In an emergency LATCH may order the property to be entered
using force, if to our knowledge there is a risk of personal injury or damage
to your home, or any other neighbouring property. (e.g. a water pipe has
burst).
(iv) You agree to allow access to LATCH staff so that they can provide the
support services detailed in this agreement and your support plan.
5.6 Communal areas
If you use any communal areas such as staircases, landings and passages, you
must co-operate with both your neighbours and LATCH in keeping these clean and
tidy and free from obstruction.
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5.7 Health and safety.
(i) You agree to follow the rules for fire safety which are displayed in your home
and not to do anything which is likely to endanger the health and safety of
any other LATCH tenant, member of staff, contractor or any other person in
the neighbourhood. Examples of actions which may endanger the health and
safety of others include but are not limited to:
Removing batteries or disconnecting smoke alarms.
Tampering with or misusing fire safety equipment e.g. fire extinguishers,
fire alarm systems, fire blankets.
Wedging open fire doors.
(ii) You agree not to store paraffin heaters, bottled gas or other inflammable or
explosive substances in your home, other than those you would normally
require for household jobs.
5.8 Visitors
(i) You agree to be responsible at all times for the conduct of your visitors. This
includes children living with you or visiting you. You are responsible for them
in your home, on surrounding land, in communal areas, stairs, landings,
entrance halls, paving, shared gardens and parking areas and in the
neighbourhood around your home.
(ii) You agree not to let into your home anyone who we have said is to be
excluded from it.
5.9 Nuisance and Anti-social behaviour
You, members of your household and your visitors must not cause a nuisance or
annoyance to any other person (including other LATCH tenants, people in the
neighbourhood or any member of staff or contractor employed by LATCH or the
principle Landlord).
Examples of nuisance and anti-social behaviour include, but are not limited to loud
music, arguing, door slamming, dog barking and fouling, offensive drunkenness,
rubbish dumping, and playing ball games close to someone else’s home.
5.10 Noise
You agree not to play or allow members of your household or visitors to play any
radio, television hi-fi equipment or musical instrument, or use electrical or DIY
equipment so loudly that it causes a nuisance or annoyance to any other person in
the neighbourhood or can be heard outside your home between the hours of 11pm
and 7.30am.
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5.11 Racial and other harassment
(i) You or a member of your household or visitors must not harass or cause
nuisance to any other person (including other LATCH tenants, people in the
neighbourhood or any member of staff or contractor employed by LATCH or
the principle Landlord), by reason or reference to that persons colour, race,
religion, sex, sexuality or disability.
(ii) Examples of harassment include, but are not limited to:
Any act or omission that interferes with the peace or comfort of another
person, or causes offence.
Violence or threats of violence
verbal or written abuse or insults
damage to property and threats of such damage.
Physical abuse or intimidation
(iii) You agree not to commit or allow members of your household or visitors to
commit any act which results in serious disruption or physical harm to any
other LATCH tenant, member of staff or contractor employed by LATCH or
the principle Landlord, or to any persons in the neighbourhood.
(iv) You agree not to assault, threaten, harass or obstruct the staff, volunteers
or contractors employed by LATCH or the principle landlord while they are
carrying out their job.
(v) You agree not to inflict, or allow members of your household or visitors to
inflict domestic violence or threaten violence against any other person living
with you. You agree not to harass or use mental, emotional or sexual abuse
to make anyone who lives with you, leave home.
5.12 Illegal and criminal acts
(i) You or your visitors must not use your home for illegal or immoral purposes.
You must not bring or keep in your home any article, drug or substance
which is prohibited by law
(ii) You agree not to engage in drug-dealing, or to permit consumption or
possession of illegal substances in your home.
(iii) Illegal and criminal acts include burglary or theft. If you or your visitors steal
or attempt to steal from houses or flats in your neighbourhood, you are
breaking your tenancy agreement.
5.13 Use of the premises.
(i) You agree to use the premises for residential purposes as your only or
principal home and not to operate a business from the premises or display
any nameplate, advertisement or notice, without the consent of LATCH.
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Subject to any necessary planning consent, permission may be given in
exceptional circumstances provided that the business or trade would not
cause inconvenience, nuisance or annoyance to neighbours, or is breaking
the law.
(ii) You must not store scrap metal, rubbish or cars in your home.
5.14 Subletting, assignment and lodgers
(i) You agree not to exchange, assign, sub-let, or in any way part with
possession of your home.
(ii) You agree not to take in a lodger or allow anyone else to live at your home
without the written permission of LATCH. This includes any partner or child
you may have.
5.15 Insurance
You are responsible for insuring your personal possessions.
5.16 TV licence
You are responsible for holding a valid TV licence, if you have a TV or any
equipment with which you can receive TV.
5.17 Vehicles and parking
You agree not to park, or carry out repairs to any vehicle or trailer in the garden or
yard of your home. By signing this agreement you authorise LATCH to remove any
vehicle or other object that is left anywhere on the premises or which we think has
been abandoned or is dangerous. You agree to reimburse LATCH for any costs
incurred to remove and dispose of any item which you or any member of your
household was responsible for.
5.18 You must not erect any structures such as sheds, garages, out buildings, or pigeon
lofts anywhere on the premises without LATCH’s agreement in writing.
5.19 Rubbish
You must not store refuse and rubbish in the garden, yard or bin yard apart from
rubbish stored in dustbins (which must be bagged).
5.20 Absence from the premises
You agree to inform LATCH in advance if you intend to be away from your home for
more than 14 days
5.21 Abandonment
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You agree not to abandon your home. If you fail to occupy the premises as your
only or principal home for a period of more than 14 days and we have reasonable
evidence that the premises have been abandoned, then we may take possession of
the premises.
5.22 Pets
You agree not to bring any pets or other animals onto the premises without the
consent of LATCH, which can be revoked on seven days notice if any such pet or
other animal interferes with the peace and comfort of anyone in the vicinity or there
is evidence to suggest it is being mistreated.
6. TENANT’S RIGHTS
You have the following rights:
6.1 Right to occupy
You have the right to occupy your home without interruption or interference from
LATCH for the duration of this tenancy (except to give access to LATCH’s or the
principle Landlord’s staff or contractors) so long as you comply with the terms of
this agreement and have proper respect for other LATCH tenants, neighbours and
other persons in the locality.
6.2 Right to consultation
You have the right to be consulted before we make any changes in housing
management, maintenance, and support practice or policy that are likely to
substantially affect you.
6.3 Right to information
You have the right to receive information from the Landlord about the terms of this
tenancy and about the Landlord’s repairing obligations and where applicable its
policies and procedures on tenant participation and housing allocation.
6.4 Right to complain
We operate a complaints procedure by which you can complain about any aspect
of LATCH’s or the principle Landlord’s services. You can complain using LATCH’s
complaints procedure which is included in your tenant’s pack, or available on
request.
6.5 Data Protection and Personal Information.
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You have a right to inspect any personal information held by LATCH about you and
to correct inaccurate information. We will comply with the provisions of the Data
Protection Act 1998 as amended from time to time.
You agree that we may use for housing management and maintenance purposes in
connection with this tenancy any information you have provided to LATCH about
yourself.
6.6 Confidentiality
You have the right that any personal information held by LATCH will be kept
confidential within the staff team. Confidentiality may only be broken as outlined in
LATCH’s confidentiality policy which is available on request.
7. ENDING YOUR TENANCY
7.1 By the tenant
(I) You must tell LATCH in writing at least four weeks before you want to leave
your home (we have forms available on request that you can fill in and sign
with your link worker). This four week ‘notice’ period must end on a Monday
and you must return your keys to the office by this time.
(ii) During this four week notice period, LATCH may wish to show a prospective
tenant your home. You will be given at least 24 hours notice of LATCH’s
intention to visit. Access must not be refused without good reason.
(iii) If you leave the property and fail to return your keys or to give 4 weeks notice
in writing, you may be charged at the same rate as your rent (up to 4 weeks)
and the costs of changing the locks.
7.2 Joint tenants
If you are joint tenants any one of you can terminate your tenancy on 4 weeks’
notice in writing. If you do so you will terminate the whole tenancy, as against all the
tenants. However, LATCH will decide if any of the other joint tenants can stay in the
premises under a new tenancy agreement.
7.3 Moving out
You must leave the property, fixtures and fittings clear, clean and free of rubbish
when your tenancy ends. We accept no responsibility for any belongings you leave
behind and may dispose of them.
You must make sure that your rent is paid up to your leaving date.
7.4 By LATCH or the Landlord
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LATCH or the principle Landlord may take possession of your home if you break
this agreement in any way or you have given false information in your housing
application. LATCH Ltd may seek to evict you because of your own action or the
action of someone living with you, or visiting you.
Latch will terminate your tenancy where the following circumstances exist:
Rental arrears.
Anti Social Behaviour.
Breach of the terms of this tenancy as set out above.
Failure to engage with support.
Failure to accept move on accommodation.
Your stay is incompatible with the aims and objectives of Latch.
Failure to keep property fixtures and fittings in an acceptable condition.
Engaging in or allowing nuisance or annoyance to neighbours.
Engaging in or allowing illegal of immoral activities at the dwelling
Where applicable, LATCH or the principle Landlord can end a 6 month assured
shorthold tenancy before the expiry of the fixed term or initial six month period. This
will be done by obtaining a court order for possession of the premises on one or
more of the relevant grounds for possession.
Normally not less than four weeks notice (or where required by law, not less than
two months notice) of intention to seek possession will be given. We reserve the
right to give less than four weeks notice where legislation permits us to do so.
In the case of serious nuisance, disruptive or violent behaviour or harassment we
may serve notice and apply to court to dispense with the need to have served a
notice.
7.5.1 If LATCH is a managing agent for a principle landlord and the principle landlord
ends it's agreement with LATCH Ltd, LATCH will endeavour to ensure that your
tenancy is protected, or help you to find alternative accommodation.
I have read and understand the terms and conditions of the Tenancy Agreement which
I agree to abide by:
Signature of Tenant: ………………………………….. Date signed: ………………….
Signature of Tenant: …………………………………..
Staff member signature: ……………………………..
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