Tenants Handbook - Your tenancy
CHAPTER 3 - YOUR TENANCY
YOUR INTRODUCTORY TENANCY
You will be given an introductory tenancy, unless you are an existing secure or assured tenant with a local authority or another social landlord.
An introductory tenancy will usually last for 12 months and you will then automatically become a secure tenant. However, if you have breached the terms of your tenancy during this period, we can:
· Serve a Notice on you to extend the introductory period and/or
· Serve a Notice Requiring Possession on you and
· Start court proceedings against you
If you continue to breach your tenancy conditions and we take you to court, the judge has no discretion and will give us possession of the property. You may not subsequently be eligible for re-housing by us or any other registered social landlord.
An introductory tenant has fewer rights than a secure tenant:
- No right to mutual exchange
- No right to buy (although time as an introductory tenant counts towards the discount)
- No right to take in lodgers
- No right to improve the home
- No right to vote in a stock transfer
You will gain these rights when you become a secure tenant. Full details of your rights under the Tenants Charter can be found on pages 11 to 14.
YOUR SECURE TENANCY
You will be given a secure tenancy, if you are an existing tenant of Winchester City Council or an assured tenant of another social landlord, and you move within our homes.
The rights and obligations of secure tenants are laid down in the Housing Act 1985, the Tenants Charter and your tenancy conditions.
Your tenancy conditions
Your tenancy conditions are a legal contract between you, the tenant, and us, your landlord, and set out the rights and responsibilities of both parties. Please refer to your original tenancy conditions issued to you when you signed up for your tenancy or any subsequent revisions that may have been issued to you.
Possession action
We can take action against you if any of the tenancy conditions are broken. We must serve on you a Notice in statutory form if we intend to take possession proceedings against you for breaching your tenancy conditions. The Notice will be served on you in person, leaving it at your property or last known address, or sending it by first class or registered post.
We must explain the reasons why we are taking this action and you have four weeks to put things right. Your Area Housing Manager will monitor the situation during this period and offer you the appropriate advice.
We will not take any further action against you, if the situation is resolved. However, the Notice is valid for a year and we can take action against you at any time over the following twelve months if you do not comply with your tenancy conditions.
The judge will decide whether it is reasonable to give us possession of your home if we take you to court. We will seek to obtain a warrant to evict you if the judge gives us possession of your home and you do not leave by the required date. The judge will decide if our request is reasonable and if so, will instruct a bailiff to evict you.
You have the right to defend your actions in court, either personally or through a representative. We strongly advise you to seek independent legal advice from either a solicitor or the Citizens Advice Bureau.
Can we change the tenancy conditions?
We can change your tenancy conditions, but we will give you notice of this and consult you on the proposed changes.
You will receive a Preliminary Notice, explaining the changes and inviting you to comment by a particular date.
We will consider your comments and will send you a Notice of Variation, setting out the changes, at least four weeks before the new tenancy conditions come into force.
You may give us notice to end your tenancy if you do not wish to accept the changes.
YOUR RIGHTS AS A TENANT
Your rights as a secure tenant are set out in the Tenants Charter. Some of these rights do not apply to introductory tenants. See page 10 for your excluded rights.
Right to buy
Most secure tenants have the right to buy their council home under Part V of the Housing Act 1985.
Your property will be valued at the market price by the Council's Estates section and you will have to make your own financial arrangements to buy it. You are entitled to a discount when you buy your home, depending on how long you have been a tenant.
For an information pack and application form, please contact our Right to Buy section.
Some homes do not qualify under the right to buy. These include older people's supported housing and accommodation where adaptations for people with disabilities have been made.
Right of succession
When a secure tenant dies the tenancy may be passed on. This is called a succession and, by law, only one succession is allowed. Therefore, if you have succeeded to the tenancy, it can not be passed on to another family member when you die.
You can succeed to a tenancy if you are:
- A spouse or partner
- Another family member (as defined in the Housing Act 1985), who has lived with the tenant for at least twelve months before the tenant's death
Where there is more than one person entitled to succeed and qualifying successors cannot agree who takes over the tenancy, we will decide.
We will not ask the spouse or partner of a deceased tenant to move. However, we will offer you alternative accommodation if you have succeeded to a tenancy and you are not the spouse or partner of the deceased tenant and the accommodation is too big for your needs. We will obtain a court order if you refuse to move.
For further advice, please contact your Area Housing Manager.
See page 77 for information on how to end the tenancy when the tenant has died.
Right of assignment
You may assign or pass on your tenancy to someone else if you:
· Are the sole tenant, you have not succeeded to the tenancy and can assign to a qualifying successor
· Obtain a property transfer order through the court
· Exchange with another tenant
You have the statutory right to exchange your home with tenants of other local authorities or registered social landlords. You will need approval from the Council and the other landlord before exchanging properties. See pages 79 to 80 for further details about mutual exchanges.
Can someone else join my tenancy?
We will not add other people to your tenancy after your tenancy has commenced. Spouses and partners have rights under the Matrimonial Causes Act 1973 and the Family Law Act 1996 if you die or your relationship breaks down.
For further advice, please contact your Area Housing Manager or seek your own independent legal advice.
Right to take in lodgers and sub-let
You can take in lodgers, but you should contact your Area Housing Manager first for permission. You must not allow your property to become overcrowded.
You may be able to sub-let part of your home, but you will need our permission first. If you sub-let your entire home, you will lose your security of tenure and we will apply for possession of your home.
You must inform the Council Tax section, as well as the Housing
What is the difference between having a lodger and sub-letting?
A lodger shares the house with you. They will pay you for food and upkeep. A sub-tenant has part of the house solely for their own use and you need their permission to enter the rooms they occupy.
For further advice on taking in lodgers or sub-letting, please contact your Area Housing Manager.
Right to manage
Tenants have the collective right to transfer the management of an estate or group of homes to a Tenant Management Organisation (TMO). TMO's are formed when certain conditions are met and you vote in favour of the arrangement. This is known as the right to manage.
For further information, please contact the Tenant Involvement Manager.
Right to consultation
We have obligations under the Housing Act 1985, for informing and consulting you. We must give you the chance to comment before we make any major policy changes or modernisation programmes. How the consultation is carried out will depend upon the number of tenants directly affected.
For further information, please contact the Tenant Involvement Manager.
Right to information
We give every tenant an annual housing report, which provides information on how we are performing in key service areas.
Right to repair
You can get certain urgent repairs done quickly, which affect your health, safety or security, at no cost to you. If the repair is covered by the right to repair and we do not complete the repairs on time, you may ask for an alternative contractor to be appointed. If the alternative contractor also fails to complete on time, you may be entitled to compensation. See pages 39 to 40 for details of timescales for repairs.
Right to carry out improvements
You may, subject to gaining all necessary approvals, carry out improvements to your property. See pages 17 to 18 for advice on how to get permission for improvements.
Right to compensation for improvements
You may be able to receive compensation from the Council for certain specified improvements you have made to your home, when you end your tenancy. This is subject to you having gained all the necessary approvals. See pages 49 to 51 for details of specified improvements and pages 80 to 81 for details about applying for compensation.
NEW TENANT VISITS
As a new tenant, you will be visited by your Area Housing Manager in the first month to check you have settled in to your new home and to discuss any issues you may have.
If you are an introductory tenant, you will also be visited again by your Area Housing Manager towards the end of the twelve month introductory period. We will check you are complying with your tenancy conditions and decide if you will become a secure tenant at the end of the introductory period.
GAS & ELECTRIC COOKERS
You are responsible for providing your own cooker. You must use a qualified electrician to install an electric cooker and a CORGI registered gas engineer to install a gas cooker.
You are also responsible for the maintenance of your cooker.
ELECTRICAL EQUIPMENT
We are responsible for the maintenance of electrical equipment installed by us, provided the defect is due to fair wear and tear. We are not responsible for any damage, replacement caused by faulty installation or repair, faulty equipment or misuse.
Any work on the electrical wiring system in your home must be carried out by a NICEIC approved electrician. You must obtain a relevant completion certificate and send a copy to us. See pages 49 to 51 for further details about improvements.
FLOOR COVERINGS
The use of metal or wooden battens and adhesive to secure carpets or other types of floor covering is discouraged, as the floor tiles are often damaged when the carpet is lifted. You are advised that any damage caused to tiles when floor coverings are lifted is your responsibility and you will be recharged for the cost of replacing any tiles.
CONTENTS INSURANCE
You are responsible for your furniture, carpets, internal decoration and personal possessions. We strongly advise you to obtain insurance for all risks, including fire, flood, frost damage and other hazards.
You are responsible for your belongings and any damage to the property until the date your tenancy legally ends, even if you have already vacated the property.
There are many policies available in the insurance market. We are unable to recommend any specific insurer or insurance scheme. Insurance is not expensive when you compare it to the cost of replacing your household contents.
Claims against the Council
We will submit any claims you make against us to our insurers, who will assess your claim and make a final decision. You will need to put your claim in writing to us, with full details about the incident, damage and costs involved. We are unable to comment on any claim still being investigated.
GARDENS
You are responsible for maintaining your garden, which means everything growing on and within the boundary of your property and includes the boundary hedges, flower beds, trees, shrubs and lawns, whether or not you planted them. It also includes any hard landscaping, fences, sheds and other permanent features that you have installed.
You should carefully choose plants, trees and hedges and properly manage them, so they do not encroach into your neighbours' gardens or public footpaths. Please talk to your neighbours before trimming any hedges or trees on the boundary, as it may affect their security and privacy. We would discourage you from removing any trees and hedges.
We have powers under the Anti-Social Behaviour Act 2003, to deal with complaints about high hedges, if they are not managed properly and their impact restricts someone else's use or enjoyment of their property.
Trees
You must report diseased, dangerous or overgrown trees to your Area
Trees are an important feature and will only be cut down or trimmed if necessary, for example, if a tree is diseased or causing damage to structures or paths. A healthy tree will not be cut down or trimmed if branches are overhanging or blocking sunlight.
Some trees are protected by Tree Preservation Orders and/or because they are in a Conservation Area. It may be a criminal offence to lop or cut down trees without consent.
For further advice on how to manage trees in your garden, please contact your Area
Rubbish in gardens
Rubbish must not be dumped or stored in your garden. It is an eyesore for your neighbours and may also attract vermin, which is a health risk. See page 19 for advice on how to clear bulky items of rubbish.
You will be breaching your tenancy conditions, if you do not keep your garden to a reasonable standard. Your Area
Do you need help to manage your garden?
You may be able to get help with basic gardening through a local charity. The service is available to everyone but priority is given to older people, people with disabilities and people with specific support needs. The charity provides a team made up of a supervisor, trainees and volunteers who provide general maintenance, including:
· Grass cutting
· Hedge trimming
· Pruning
· Digging
· Weeding
· Planting
· Advice on how to keep a low maintenance garden
The charity will give you a quote before they start work, but you will have to pay a small hourly charge.
To check availability of this service and for further advice, please contact your Area
You can apply to move house if your garden is becoming a burden. We may be able to offer you a house or flat with a smaller garden or no garden at all. You may qualify for a financial contribution under our Tenants' Incentive Scheme if you move from a family home to a flat or maisonette.
For further advice about moving house and the incentive scheme, see pages78 to 80.
FENCING
We are responsible for marking the boundaries around your property. We do not have an obligation to provide fencing on the boundaries.
You may be able to replace or put up a new fence but you must first check who owns the boundary and you need our permission before going ahead with the work.
Fences must be erected on the actual boundary and you must ensure that they do not exceed permitted heights:
- 2m (6ft 6in) at the rear of the property and
- 1m (3ft 3in) at the front of the property
You are responsible for the cost of supplying and fitting the new fence and for maintaining it. See pages 17 to 18 for advice on how to get permission.
ENCROACHMENT
The actual boundary of your property should be marked by post and wire fencing and you are not permitted to encroach on to the land beyond this. Many tenants will have put up their own fencing or hedge. In some circumstances, it may be possible for you to use a piece of land next to your property.
You will need to tell us why you want to use the land. If we agree to your request, we will issue you with a licence to use the land and you will be charged an annual fee. We have the right to terminate this licence at any time. Please contact your Area
REQUESTING PERMISSION FROM US
You are required to seek permission from your Area Housing Manager in the following circumstances, as failure to do so may affect your tenancy:
Home improvements and alterations
You must apply in writing if you would like to alter or improve your property or garden in any way. Proper plans will need to be drawn up by a builder or architect if the work involves altering the structure of the building.
Some alterations and improvements may need planning permission and building regulations approval.
You must not start work before you have been granted all the relevant permissions.
Examples of alterations or improvements include:
- Alterations to the structure, such as removing an internal wall or removing a fireplace
- Improvements, such as replacing the kitchen units and bathroom suite, installing a shower or erecting a conservatory
- Installing laminate flooring
- Erecting a shed or garage
- Erecting an aviary
- Erecting or replacing fencing
- Installing a hard standing and dropped kerb
- Erecting a satellite dish or television aerial
- Removal of trees
At the end of your tenancy, you must remove any structures or improvements, where we have not granted you permission for them to remain. If you do not do this we may charge you for the cost of us removing them.
See page 49 for further examples of structural works that require our permission.
Restricted work
Any work on the gas supply system or appliances in your home must be carried out by a CORGI registered engineer. You must obtain a landlord/homeowner gas safety record and send a copy to us.
Any work on the electrical wiring system in your home must be carried out by a NICEIC approved electrician. You must obtain a relevant completion certificate and send a copy to us.
For further advice about undertaking restricted work, please contact Property Services.
Pets
We will consider requests for you to keep dogs, cats and small caged and tanked pets and will make a decision based on:
- Type of property. If you live in a flat with a shared entrance and garden, it may be unsuitable for a dog
- Size of the property and garden
- Number of pets and nature and size of pets
- Nature of the accommodation. If you live in older people's supported housing, you may not be able to keep a pet
If we give you permission, you will be responsible for ensuring your pet does not cause a nuisance. We can withdraw permission for you to keep a pet if it causes a nuisance or annoyance to your neighbours and you will be expected to find a new home for your pet immediately.
See page 21 for further advice about keeping a dog.
Running a business
You may request permission to run a business from your home. We will need full details about the nature of the business and the hours you will work. We will consider your request carefully and assess the likely impact on your neighbours.
You may need planning permission to run a business from your council property. Advice and application forms are available from the Planning Section.
Sub-letting and lodgers
See pages 12 to 13 for advice on sub-letting your property and having a lodger.
TELEVISION AERIALS
There are communal TV aerials on blocks of flats, which receive terrestrial TV programmes. There is no charge to you for this.
You will need to provide your own TV aerial if you live in a house, maisonette or bungalow.
You must request permission from your Area Housing Manager if you would like to erect an outside aerial or satellite dish. Otherwise, you may be asked to remove it. You may also need planning permission for a satellite dish.
You may also have to pay for a television licence.
If you live in older people's supported housing, you may be entitled to a concessionary TV licence. See page 61 for further details.
RUBBISH DISPOSAL
The telephone number for Recycle for
The Council has an alternate weekly bin collection system throughout the district for household waste and recyclables, including garden waste.
Refuse collection day
To find out your collection day please contact the Recycle for
To ensure your rubbish is collected, you should place your wheeled bin at the edge of your boundary nearest the street by 7.00am on your collection day. The wheeled bin should not be left out, except on the day of collection, and should never block footpaths or roads.
Help is available if you are disabled or elderly and have difficulty in putting your bins out for collection. Please contact the Recycling for
We do not normally collect extra bags that will not fit in your bin, except at
Most types of hazardous household waste, such as oil and paint, can be safely disposed of at household waste recycling centres.
Bulky items
A special collection service is available for the disposal of bulky items, such as fridges and furniture, or for larger quantities of household and garden waste. There is a charge for this service. For further information, please contact your Area Housing Manager.
Alternatively, you can take these items to your local household waste recycling centre.
Garden waste collection service
You are not permitted to dispose of your garden waste in your wheeled bin. Instead, it should be placed in a garden waste bag, provided by us. This material will be composted to provide an organic soil conditioner, which is used by many local gardeners and growers.
The garden waste will be collected on the same day as your recyclables. Additional bags can be purchased by contacting the Recycle for
Compost bins
If you would like to compost your garden waste at home, please contact the Recycling for Winchester team for advice on how to purchase a compost bin, or order direct on 0845 077 0757 or online at www.recyclenow.com/compost.
Glass
Glass bottles and jars can be recycled at bottle banks at your local household waste recycling centre or at any of the local recycling sites in the district.
Clinical waste disposal
We provide a free clinical waste collection service from people's own homes within the district. We will deliver a sharps container and clinical waste bin to you when we receive a request, normally from a District Nurse, and these will be collected from your home regularly.
Fly-tipping
Fly-tipping is an eyesore and poses real safety risks, so it must be removed. To report an incident of fly-tipping on public property, please contact the Environment section.
Legal action will be taken against anyone who does not dispose of their rubbish in the appropriate manner.
LIQUID PETROLEUM GAS (LPG) AND PARAFFIN HEATERS
You must not use or store LPG and paraffin heaters in flats or maisonettes. Gas leaks from the canisters can pose a serious fire risk and cause damage to you and your neighbours, as well as to the property.
BARBEQUES AND PATIO HEATERS
You must take care when using barbeques and patio heaters for your own safety. Do not place them near your property, any outbuildings, fences or plants and shrubs, to prevent a fire from starting or spreading.
BONFIRES
Bonfires can cause a nuisance and we have the power, under the Environmental Protection Act 1990, to take action against those responsible for causing a nuisance.
Smoke from bonfires can be very irritating and can cause distress to those exposed to it, so please follow these guidelines if you have a bonfire:
- Advise your neighbours that you are lighting a bonfire, so they can take their washing down and close their windows
- Ensure the bonfire material is dry, because this reduces the amount of smoke
- Compost your garden waste, rather than burning it
- Never burn household rubbish, rubber tyres or anything containing plastic, foam or paint
- Never use old engine oil, methylated spirits or petrol to light a bonfire
- Do not light a fire if the wind might blow smoke into your neighbours' home or across roads and public footpaths
- Remember smoke hangs in the air on damp, windless days and in the evening around sunset
- Place your bonfire far away from buildings, including sheds and fences
- Never leave a fire to smoulder - put it out with soil or water
You can complain about bonfires by contacting the Environment section.
We will ask you to make your complaint in writing or by completing log sheets. If a nuisance exists, we will warn the person responsible they may be committing an offence and we may serve a legal Notice if they continue to have bonfires. They could face a considerable fine if the nuisance continues.
We may also take action under the
Further advice regarding fire safety in and around the home can be found on pages 42 to 43.
We have an obligation to control rats across the district. Our pest control service is carried out by our approved contractor. The treatment of rats and mice is free of charge.
Our approved contractor can also give you free advice about identifying and treating other household pests. However, you will be charged for inspecting and treating wasps, fleas, flies, carpet beetles, larder beetles, cockroaches and other insect pests.
We will not charge you for treating wasps nests in your property if you are a tenant of our older people's supported housing.
If you experience an infestation, please contact your Area Housing Manager.
ADVICE FOR DOG OWNERS
You must get our permission to keep any pets at your property.
If we allow you to keep a dog, please follow this advice to ensure your dog does not cause a nuisance to your neighbours:
- Keep your dog under proper control at all times within your home, garden and in public places
- Do not allow your dog to foul in communal areas and ensure that you clean up after your dog in your garden and in public places. Dog bins are provided in many public areas
- Do not leave your dog alone at home for long periods
- Secure your garden to prevent your dog from escaping
- Supervise your dog when our staff and representatives and other visitors call at your home
- Ensure your dog wears a collar with an ID tag and talk to your vet about micro-chipping
We will withdraw permission for you to keep a pet if it causes a nuisance.
INTERNAL DECORATION
You are entirely responsible for the internal decoration of the property and must keep it to our satisfaction. You may be charged for the cost of re-decoration if you fail to do so.
We may be able to help with decorating for tenants who are retired or disabled. See page 48 for more information.
DEATH OF A TENANT
You should contact the Area Housing Manager as soon as possible after the death of a tenant. The Area Housing Manager will advise you on what steps you need to take, depending on the tenancy circumstances.
You should also inform the Housing
Joint tenancy
If the deceased was a joint tenant, their spouse or partner should have the right to succeed to the tenancy.
Sole tenancy
If the deceased was the only occupier of the property, the tenancy will need to be terminated by the representative for the deceased. Four weeks' written notice is required to terminate the tenancy and a copy of the tenant's death certificate must also be provided. See page 77 for further details on how to terminate a tenancy.
If there are other people living at the property at the time of the tenants' death, they should contact the Area Housing Manager for advice on whether they have any succession rights.
See page 12 for information on the right of succession.
YOUR GARAGE TENANCY
The Council has garages available to rent. If you wish to rent a garage, please contact the Customer Service Centre to request an application form. Depending on demand, you may have to wait until a garage becomes available. We give priority to those who live nearest the garage. However, we will allocate garages to people who live further away if we can.
Garages should be used for the storage of a motor vehicle only and not for any other purpose. Combustible or harmful materials must not be kept in the garage. For further details about the terms of renting a garage, please contact the Customer Service Centre for a copy of the tenancy conditions.
Garage rent is charged over 52 weeks and we will let you know how much it is. Rent is due weekly on a Monday and you will need to pay four weeks' rent when you sign-up for your garage tenancy. We can increase the rent by giving you one week's written notice.
Ending your garage tenancy
We can give you one week's notice to end your garage tenancy for these reasons:
· If you are in arrears with your rent, we will write to you to ask you to clear your account immediately. If your account remains in arrears, we will seek possession of the garage and will pursue you for the outstanding debt
· Breaching another tenancy condition
· Demolition of the garage or block
· Any other management reason
To end your garage tenancy, a Notice to Quit will be served by post to your home address. You should return the garage keys to the Customer Service Centre by the end of the notice period. Otherwise, we will change the locks and you will be charged for this work.
You may end the garage tenancy by giving us at least one week's notice in writing. The tenancy must end on a Monday and the rent must be paid in full. At the end of the notice period, you should return the garage keys to the Customer Service Centre no later than the last day of the notice period.
The garage must be cleared and swept clean. Anything left in the garage will be disposed of and we will charge you for any costs incurred.
Maintaining the garage
We will keep the structure and exterior of the garage in reasonable condition and carry out any necessary repairs. However, we are not responsible for repairs needed because of damage or neglect by you or someone else using your garage.
We will not accept any responsibility for any damage or loss to a vehicle in the garage or on the forecourt.
