Your rights and responsibilities (section 6)

6.1.    Your right to live in the property:

• Save in exceptional circumstances, you may live in the property without interference from us as long as you, your household and/or your visitors (including children) comply with and do not break any of the conditions set out in this Agreement and respect the rights of others.
• If any of your tenancy conditions are broken, we can take legal action against you which could include applying to the court to end your tenancy.

6.2.    Living in the property as your only or main home:

a)       You must live in the property as your only or main home. If you are a Joint tenant, one of the Joint tenants must live in the property as their only or main home.

b)       If you move out of your property and allow someone else to live there, you will no longer be a secure tenant. We can take action to recover possession of the property by serving a Notice to Quit and taking further action as the Council considers necessary.

c)       You must tell Tenant Services if you are going to be away from your home for more than 28 days and you must also give Tenant Services an address and telephone number, they can contact you on in case of an emergency. If you do not do so, we may think that the property has been abandoned and take action to recover possession of it.

Taking in lodgers:

6.3.    You have the right to take in lodgers if you have obtained our written permission first. Permission will not be granted in the following circumstances:

• If this would breach any specific age restrictions that apply to your home; and/or
• If this would cause overcrowding; and/or
• If this would breach your tenancy and/or a Local Letting policy that is in place.

  This is not an exhaustive list and there may be other reasons why permission is refused.

 Subletting:

6.4.    You must not sub-let the whole of your home.

6.5.    You have the right to rent part of your home to somebody else if you have obtained our written permission first. Permission will not be granted in the following circumstances:

• If this would breach any specific age restrictions that apply to your home; and/or
• If this would cause overcrowding; and/or
• If this would breach your tenancy and/or a Local Letting policy that is in place.

This is not a full list and there may be other reasons why permission is refused.

Changes in your household & overcrowding:

6.6.    If you want someone who was not part of your household when your tenancy commenced to stay permanently or temporarily, you must get our written permission first. You must give us the person’s full name, gender, and date of birth. Permission will not be granted in the following circumstances:

• If this would breach any specific age restrictions that apply to your home; and/or
• If this would cause overcrowding, and/or
• If this would breach your tenancy and/or a Local Letting policy that is in place

This is not a full list.

6.7.    You must not allow your home to become overcrowded. This is dependent on the size of the property and the ages and the relationships of the persons you wish to live in your home.

6.8.    If someone moves out of your property you must notify us in writing, within 14 days of the date they move out. You must give us the person’s full name, date of birth and move out date.

Interior of your home:

6.9.    You must keep the interior of your home in a good clean condition.

6.10.  You are responsible for decorating the inside of your own home.

6.11.  You are responsible for carrying out small repairs that are needed in your home such as unblocking sinks and replacing internal door handles, etc.

6.12.  You are responsible for installing, repairing and maintaining your own white goods such as your washing machine, fridge and oven. Any such installation, repairs and maintenance must be carried out to an adequate and competent standard. If damage is caused to the property and/or damp or mould growth occurs in the property as a result of white goods that you have not ensured have been installed correctly, you agree that the Council can re-charge you for the cost of any work it has to carry out as a result.

6.13.  You must clean, disinfect, and descale any showerhead at least every 6 months. In addition, you must flush any little used outlets (e.g. taps, etc.) for at least 5 minutes when they have not been used for more than 1 week to reduce the risk of Legionella bacteria occurring in your home.

6.14.  You or anyone living with you must not interfere with, damage, turn off or remove any equipment that we have installed in your home or shared areas. This includes but is not limited to pumps, environmental sensors including humidity sensors, extractor fans, intercom and/or Tunstall systems, door entry systems, positive input ventilation systems, fire alarms, smoke detectors, carbon monoxide detectors. If damage is caused to the property and/or damp or mould growth occurs in the property as a result of you or anyone living with you or visiting you interfering with equipment, you agree that the Council can re-charge you for the cost of any work it has to carry out as a result.

Damp & condensation:

6.15.  You must keep your home adequately heated and ventilated so as to assist in the prevention of condensation.

6.16.  You must take reasonable steps to avoid moisture building up (condensation) within the property and causing damage. These steps include:

• Keeping the property well ventilated, in particular your bathroom and kitchen as a result of bathing, washing, indoor drying of clothes and cooking. This includes using any extractor mechanisms that may be in your property
• Not using unvented tumble dryers, cylinder gas heaters or cookers, paraffin heaters or other appliances that generate moisture
• Not blocking or obstructing air vents or other means of ventilation. You must regularly clean the vents and ensure they are not clogged
• Keeping the property sufficiently heated by using any heating we have provided in your property
• Not overcrowding your property
• Preventing damage to woodwork and plasterwork by regularly wiping down and drying any surfaces and windows where moisture settles. If mould growth develops, you must clean it off using a fungicidal solution.
• Wipe dry the insides of windows.
• Not overcrowd any rooms with furniture and/or possessions
• Not overfill any loft spaces with furniture and/or possessions
• Not turning off and/or interfering with any ventilation system within the property including extractor fans and a Positive Input ventilation system if one is installed

6.17.  You should take reasonable steps to prevent heat loss, such as fitting draught excluder strips to the letterbox, external doors, and window frames.

6.18.  If your property suffers from condensation or damp, you must inform our Customer Services Team and follow any reasonable advice given to you by the Council.

Preventing accidents and fires:

6.19.  You or anyone living with or visiting you, must not create a fire risk or trip hazard by:

• Leaving rubbish, dangerous materials, or personal belongings in any shared areas in the building (fire exits, staircases, corridors entrances) or on the estate (bin stores, garages or other shared areas)
• Not keeping any part of your home which is a fire escape, clear and free of any obstructions
• Using any form of combustion heating, portable gas, paraffin heaters or other combustible materials in your home
• Storing materials, gas canisters or container(s) which are or contain any dangerous, flammable, or explosive materials either inside or outside your home, including on any balcony, garden, garage, shed or outbuilding.
• Interfering with and/or damaging or removing any fire-safety equipment in your home or shared areas of flats
• Tampering with the supply of gas, electricity, or water, or with any other services, meters, smoke detectors or equipment that we have installed in your home or shared area.
• Not following manufacturers instructions for any electrical appliances.

6.20.  If your property is fitted with a smoke detector, and/or a carbon monoxide alarm, or other monitoring device you must keep it in working order by replacing batteries and reporting when there is a defect.

6.21.  You, your household and/or any of your visitors must not place anything on a window ledge, balcony or roof that could be a danger to anyone living in or visiting the area around your home.

6.22.  You must not keep mopeds, motor scooters or motorbikes inside your home or in any shared areas inside the building your home is in (for example, entrance halls, stairs, or landings).

Hoarding:

6.23.  You or anyone at the property must not hoard any items and/or materials at the property.

6.24.  Hoarding means: an excessive number of items and/or materials being stored at the property in a manner which could create a hazard, or a potential hazard to the tenant, any members of their household, to neighbouring properties and anyone visiting the property, including Council officers, agents and contractors.

6.25.  You must not store items, waste and personal possessions to an extent which prevents you, your household and/or anyone visiting the property, including Council officers, agents and contractors, reasonable use of a room or space within the property.

6.26.  You must not store items and/or waste inappropriately in a way that may cause a health and safety hazard or encourage vermin and/or pests.

Shared areas:

6.27.  You must help to keep shared areas and estates clean and safe.

6.28.  You must not smoke in the shared areas of any block or Council owned building.

6.29.  You must not block, obstruct, create, or leave any hazard on any landing, corridor, stairwell lift, refuse chute, access way, fire escape or any other area. This includes, but is not limited to personal items, washing, household rubbish, bikes, pushchairs, mobility scooters, plants, and pet cages.

6.30.  You, or anyone living with or visiting you, must not damage, dirty or vandalise any shared areas.

6.31.  You, or any contractor that you employ, must not open up any duct cover, access hatch or service opening for the purpose of running any new cables or services such as TV, satellite, phone or broadband, etc. without first obtaining written permission from us. If you do this without permission, we may arrange for the disconnection of the service and you must pay any charge for reconnection.

6.32.  You must not wedge open, obstruct, or jam any fire door or shared doors.

6.33.  You must not give out any keys, fobs or pass codes to entry doors or other restricted access areas.

6.34.  You are responsible for the safe keeping of your own keys, fobs, and pass codes for the main door entry controlled system and restricted access areas. You will be charged for any replacement or additional key requests.

6.35.  You must not use any shared electrical point to power or charge any appliance.

6.36.  You must not trail electrical wires and/or extension leads and/or cables out of your home including out of any of your windows, doors, vents, pet flaps and letterbox. This includes trailing wires and/or extension leads and/or cables out into any shared area.

6.37.  You agree that we can remove any obstruction or hazard we find in shared areas and charge you for any costs that we incur.

6.38.  You agree that any items left in shared areas may be disposed of. If we have to dispose of your belongings you agree that we can charge you for the costs that we incur in doing so.

Bins and Waste:

6.39.  You must dispose of all household rubbish and recyclable waste in a safe and appropriate manner. Household rubbish must be placed in a dustbin, refuse chute or any other designated by the Council. Recyclable waste must be placed in the appropriate bin provided by the Council.

6.40.  You and anyone living with you must participate in the Council’s waste and recycling scheme.

6.41.  If you live in accommodation where a shared rubbish chute is provided you must place your rubbish in small bags and place these into the chute. You must not put anything other than daily household waste down the shared rubbish chute.

6.42.  You must not store or accumulate waste in your home and/or your driveway or gardens.

6.43.  Non-household rubbish must be disposed of appropriately and should not be left in any area designated for household rubbish only. Batteries must not be disposed of with your Household waste.

6.44.  You must dispose of all household waste and bulky items quickly and appropriately, so they do not cause a nuisance.

6.45.  You must dispose of any hazardous waste safely and hygienically. This includes, but is not limited to, syringes, nappies and sanitary and incontinence pads, batteries, and household appliances.

6.46.  You must not flush anything other than human waste and toilet paper down the toilet.

Running a business:

6.47.  You must not run a business or carry on a trade from your home without first obtaining our written permission.

6.48.  We will refuse permission if we consider that your business or trade will cause a nuisance and/or an annoyance to your neighbours and/or others or will cause damage to your home. This is not a full list.

6.49.  If we give you permission, we may withdraw our permission at a later date if your business or trade causes a nuisance and/or an annoyance to your neighbours and/or others and/or causes damage to your home. This is not a full list.

6.50.  If we give you permission you may also need to get Planning Permission and Building Regulation approval if required and if so required, this would be a condition of the permission.

Tenancy Audit Visits:

6.51.  You must allow us access to carry out regular inspections of the property (known as Tenancy Audit Visits) in order for us to satisfy our housing management responsibilities and to ensure you are complying with the conditions contained in this Tenancy Agreement.

6.52.  Part of the inspection will be to check the number of persons residing in your home and to check that the legal tenant is in occupation and to record the condition (internal and external) of all parts of the property. This will be undertaken through a combination of inspection forms, photographs, and recordings.

6.53.  As part of the visit you must:

• provide proof (preferably photographic proof) of your identity and of anyone living with you (such as driving licence or passport).
• evidence that you are living at the property.

6.54.  You do not need to let anyone representing the Council into your home unless they show you official identification.

6.55.  You agree that we may take a photograph of any identification that you provide.

Securing your home and Home contents Insurance:

6.56.  You are responsible for the safe keeping of your own keys, which includes front door, windows, shed(s) and any outbuildings. You will be responsible for paying a reasonable charge for any gain entry or lock change requests.

6.57.  You and/or members of your household must take reasonable steps to secure your property, for example, lock windows and doors when you go out.

6.58.  You are responsible for insuring your home contents. It is recommended that you take out a contents insurance policy which covers but is not limited to the following:

• Doors and windows.
• Frozen pipe bursts.
• Any damage you cause to any neighbouring property.
• Losses incurred in a fire, flood, or burglary.

6.59.  We are not responsible for loss or damage to your belongings caused by other residents.

Your right to manage your home:

6.60.  In certain circumstances, a group of leaseholders may have the right to form a management group if they meet certain conditions. You can ask us for more information about this.

6.61.  In certain circumstances, tenants can exercise their right to manage if certain conditions are met. You can ask us for more information about this.

Your right to apply to move:

6.62.  You have the right to apply to move to another Council or housing association home. You will have to register for social housing and, if you qualify, you will have to bid on properties under the Council’s Choice Based Lettings Scheme. Your priority will depend on the urgency of your housing need and how long you have been waiting. The Council will consider any application you make for a transfer to another property in line with its Allocations Scheme.

6.63.  The offer of a new tenancy within this borough will depend on the urgency of your housing need, the needs of other transfer applicants and on the availability of alternative accommodation.

6.64.  Unless there are exceptional circumstances, you will not be allowed to transfer to another property if:

• You owe any rent and/or Housing related debt/costs; and/or  
• Your property and garden are in poor condition; and/or
• You have made alterations or improvements without our written agreement; and/or
• The Council are in the process of taking possession. This includes if you have been served with a Notice of Seeking Possession.

This is not a full list.