General conditions of your tenancy (section 2)
2.1. Your tenancy includes:
- The property (house, flat, maisonette or bungalow).
- Any garden/shared gardens, or outbuildings.
- Any garage attached onto the property or within the curtilage of the property which is solely for the use of your household.
Introductory tenancy
2.2. An introductory tenancy is a “trial” tenancy and usually lasts for 12 months. As an introductory tenant you have fewer rights than a secure tenant and you can be evicted more easily than a secure tenant.
2.3. If you comply with the terms of your tenancy throughout the 12-month introductory period, you will automatically become a secure tenant at the end of the introductory period.
2.4. If you do not comply with the terms of your tenancy, the council can decide to end your tenancy. In these circumstances, you will not automatically become a secure tenant at the end of the introductory period.
2.5. The council can also decide to extend the introductory period of your tenancy by a further six months. In these circumstances, you will automatically become a secure tenant at the end of the extended introductory period unless the council has taken legal action to evict you.
Secure tenancy
2.6. Except in the circumstances set out at 2.7 below and/or in circumstances where you are ordered by a court to leave the property, as a secure tenant you have the right to stay in the property for as long as you want, providing that you abide by the terms and conditions of this tenancy agreement.
2.7. You will lose the right to live in the property (also known as losing security of tenure) if:
- The court grants us a possession order for the property and it is enforced, and/or
- You do not use the property as your only or main home, and/or
- You sublet the whole of the property to another person.
2.8. In certain circumstances we have the legal right to take possession of the property. These circumstances are:
- Your home needs to be empty so that major work can be carried out and/or because it has to be demolished and/or
- Your home has been specially adapted for a disabled or older person who no longer lives in the property and another older or disabled person needs it to live in,
If this happens we will offer you another suitable home. In certain circumstances we will help you with removal costs.
2.9. In the case of repairs/or improvements, if we move you to a temporary alternative property, you must return to your permanent property when we have completed the repairs. This applies even if you have expressed a wish to move from your permanent property to an alternative property. We have the right to take possession of the temporary property when the work on your original property is completed.
2.10. If you break any condition in this tenancy agreement, we may take legal action against you, for example by, amongst other things, obtaining a possession order, injunction order, demotion order or order suspending your right to buy the property.
2.11. If we take legal action against you, because of non-payment of rent, anti-social behaviour or any other reason related to your act or default, this could lead to the loss of the property and may also stop you from getting housing assistance from us or other housing providers in the future, even if you become homeless.
2.12. If we take you to court for not complying with any of the terms of this tenancy agreement, we will ask the court to order that you pay our legal costs.
2.13. The table below sets out the legal rights of secure tenants and introductory tenants:
| Legal right | Secure tenants | Introductory tenants | Section |
|---|---|---|---|
| Right to pass on your tenancy through succession or assignment. | Yes | Yes | 22 & 23 |
| Right to repair | Yes | Yes | 8 |
| Consultation and right to involve you in decision making | Yes | Yes | 26 |
| Right to buy (some properties may be exempt) | Yes | No (but the Introductory period counts toward the discount) | 24 |
| Taking in lodgers (note: subject to council granting permission) | Yes | No | 6 |
| Subletting (you may not sub-let the whole of your property under any circumstances) | Yes | No | 6 |
| Right to improve your home | Yes | No | 9 |
| Right to exchange your home with another tenant | Yes | No | 22 |
| Right to live in the property | Yes – unless ordered by court to vacate the property | Yes | 6 |