Tenancy Matters

At the beginning of your tenancy with Community Trust Housing, you signed a tenancy agreement. By signing your tenancy agreement you made a legal agreement with us to comply with the terms and conditions it contains. This section explains your tenancy and what the agreement made between you and CTH means.

What kind of tenancy have I got?

This all depends on when you first became a tenant of CTH:

If you are a qualifying tenant who transferred from Lambeth Council to Community Trust Housing as a result of the voluntary transfer in March 2007

You have what we call an assured tenancy plus. This means that as well as all the rights that you are entitled to by law, you have certain extra rights that were carried over from when you were a tenant of Lambeth Council as part of the transfer agreement.

If you became a tenant of CTH after the transfer took place in March 2007

You have what is known as a standard assured tenancy . This means that you have certain rights which are agreed by law (set down in Acts of Parliament), contractual rights (your tenancy agreement) and certain other entitlements that we have agreed to grant our assured tenants as required by the Housing Corporation (Performance Standards for Registered Social Landlords, Third Edition, December 1997).

Introductory tenants who transferred from the council

Any Tenants transferred as part of the stock transfer will in the first instance become starter tenants. They will receive a new assured shorthold tenancy for the remainder of the period they would have remained as Introductory tenants with the Council.

What is my tenancy agreement?

Your tenancy agreement is the legally binding contract between you as a tenant and CTH. It contains a number of clauses that detail your responsibilities as a tenant and ours as your landlord which act as a clear guide on how we should treat each other and what happens if either of us breaks the agreement. It is probably the most important document you will get from us and you should keep it safe.

The contents of your tenancy agreement are written in accordance with current legislation and Housing Corporation requirements. It is your responsibility to abide by the contents of the tenancy agreement as, by signing it at the start of your tenancy , you have agreed to do so.

Can the tenancy agreement be changed?

Yes, we can make changes to the tenancy agreement relating to rents and service charges without your consent, as rents and service charges are reviewed annually. However, for any other alterations to the tenancy agreement, we must inform you of any proposed changes and gain your approval in writing.

How long does my tenancy last?

Your tenancy lasts for as long as you want it to, providing that you keep up to date with your rent and abide by the terms and conditions of your tenancy agreement. (See Section 3, Your Rights, The Right to Occupy/Security of Tenure).

Can you evict me or make me give up my home against my wishes?

Yes, but there has to be a good reason for doing so, such as continuous non payment of rent or certain breaches of the tenancy agreement. Even then there are certain legal steps we have to take, as we cannot evict you without first going to the County Court and gaining permission from a judge.

So, what sort of things can you move me or evict me for?

The reasons are limited to those laid down by law which are contained in certain Housing Acts. Some examples for seeking possession are:

• you are not paying your rent
• you are harassing other people
• you are not actually living there
• you are using your home for illegal purposes
• you are damaging or abusing the property and have not met your responsibilities for looking after your home as stated in the tenancy agreement.

There may also be instances when we would ask you to move out of your home for health and safety reasons. This could be because we need to do certain repairs or improvements which, if left undone, would make the property unsafe or cause its overall appearance and condition to fall below acceptable levels. In such cases, it might not be possible to carry out the work while you are still living there.

If we required you to move for this reason, we would make sure that you were offered alternative accommodation while the work was being done. We would also offer to pay reasonable removal expenses and certain other costs connected with the move. If you refused to move, there are certain procedures we have to follow to make you leave. This ultimately ends in our applying to the County Court for a Possession Order. It is then up to a judge to decide if we have a valid reason for making you leave your home.

Can I do work from home, like running my own business?

Your tenancy agreement states that "You must use the premises for residential purposes only. You are not allowed to operate a business from the premises without first gaining the written consent of Community Trust Housing."

We will not object to you doing certain work from home, such as child minding (as long as you are properly registered), or secretarial/administrative work. However, we will not allow you to do things like car repairs or other work that would require you to employ staff or use machinery. Any work that we agree to you doing will only be approved on the condition that it does not cause a health and safety risk or cause disturbance to your neighbours.

What if I am going away, or not living in my home for long periods?

Your tenancy agreement states that "You shall occupy the premises as your only or principle home and notify CTH if you are going to leave your home for a period of longer than twenty eight consecutive days." If you do not live in the premises as your "only or main" home, the law is that you lose your security of tenure.

It is important to tell us if you are going to be away for a long time, as we need to agree with you how your rent will be paid in your absence. It is also important to tell us when you will be back and if anyone will be living in your home to keep an eye on it while you are away. If you are not living in the property, or have given away or let your home to someone else, we will take legal action to reclaim it. (See Your tenancy agreement)

Can I take in a lodger or sub-let my home?

A lodger is somebody who pays to live with you as though he/she is part of your family. You have the right to take in a lodger, providing it does not cause illegal overcrowding and that you inform CTH in writing and gain our written consent before going ahead.

If you charge a person for occupying one or more specific rooms in your home, this is known as Sub-letting. This basically means that we let the premises to you, and you have then let part of it to somebody else. You have the right to sub-let part of your home providing you have our written consent. We have the right to refuse consent but we will not do so without good reason.

You must be aware and make it clear to anyone who pays to live in part of your home, that if you as the tenant either give up the tenancy or die, they have no right to continue living there. Should this happen CTH has no responsibility for offering them somewhere else to live.

Can I invite someone else to live with me if I want to, such as a partner or family member, without them being a paying lodger?

Yes, this is allowed as long as you gain our written authorisation, do not cause illegal overcrowding and comply with the terms of your tenancy agreement.

Can my family stay in my home if I die?

This is what is known as Succession. In certain cases there is a right to succession. (See Your tenancy agreement)

Can I pass on my tenancy to someone else before I die?

This is what is known as assignment. A court can make an order that the property should be passed from one married partner to another (usually in the event of a relationship breakdown). Other than this, you can assign your tenancy by way of a mutual exchange, which is where (subject to certain terms and conditions) you exchange your home (and tenancy agreement) with another tenant.

You may also "assign" your tenancy to an existing joint tenant of your tenancy or to a person who would qualify to succeed your tenancy in the event of your death, although this is subject to certain terms and conditions set by the Association. (See
Your tenancy agreement).

What happens if my relationship breaks down and I split up with my husband/wife/partner?

If the tenancy is a joint one, you both have equal rights to the home and CTH cannot rule who is to stay and take over the sole tenancy . If one partner is prepared to give up their interest in the tenancy , this makes things easier. He or she should write and tell us. We can then either grant a sole tenancy to the remaining partner or if by granting a sole tenancy the remaining partner would be left with spare rooms, we may offer a tenancy in a smaller home. In the event that both partners want to stay in the home and you cannot agree who it is to be, you should get proper legal advice (contact your local Law Centre or Citizens' Advice Bureau or a solicitor), as only a court can rule who is to get the sole tenancy .