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Under the tenancy agreement both the Housing Association and the tenant(s) have obligations that they must keep to and the failure to do so can result in the other party taking further action. Details of the respective obligations are set out below, and possible actions set out under the complaints section.

The Housing Association's Obligations 

Possession

Tenant’s right to occupy

(1) To give the Tenant possession of the Premises at the commencement of the Tenancy.

(2) Not to interrupt or interfere with the Tenant’s right peacefully to occupy the Premises except where –

(i) access is required subject to reasonable notice, to inspect the condition of the Premises or to carry out repairs or other works to the Premises or adjoining property, or

(ii) the Association is entitled to possession at the end of the Tenancy.

Housing Management

Repair of structure and exterior

(3) To provide the Tenant with information on its housing management policies.

(4) To keep in repair the structure and exterior of the Premises including –

(i) drains, gutters and external pipes;

(ii) the roof;

(iii) outside walls, outside doors, window sills, window catches, sash cords and window frames including necessary external painting and decorating;

(iv) internal walls, floors and ceilings, doors and door frames, door hinges and skirting boards but not including internal painting and decoration;

(v) chimneys, chimney stacks and flues but not including sweeping;

(vi) pathways, steps or other means of access

(vii) plasterwork

(viii) integral garages and stores

(ix) Front and rear boundary walls and fences (note that those between properties beyond a foot high post with a single wire strand are the responsibility of the tenant, with each tenant taking responsibility for the left hand fence)

Repair of installations

(5) To keep in repair and proper working order any installation provided by the Association for space heating, water heating and sanitation and for the supply of water, gas and electricity, including-

(i) basins, sinks, baths, toilets, flushing systems and waste pipes;

(ii) electric wiring including sockets and switches, gas pipes and water pipes;

(iii) water heaters, fireplaces, and central heating installations. Note that gas fires and hobs will be inspected annually, but their repair is the tenant’s responsibility.

Repair of common parts

(6) To take reasonable care to keep the common entrance, halls, stairways, lifts, passageways, rubbish chutes and any other common parts, including their electric lighting, in reasonable repair and fit for use by the Tenant and other occupiers of and visitors to the Premises.

External decorations

(7) To keep the exterior of the Premises and any common parts in a good state of decoration and normally to decorate these areas once every 5 years.

Succession to partner

(8) On the death of a sole Tenant who is not a Successor, that the Tenancy shall pass to the Tenant’s spouse, civil partner, or other partner provided that he or she occupies the Premises as his or her only or principal home at the time of the Tenant’s death.

A   Successor is:

(a) a Tenant by survivorship when one of two or more joint Tenants has died; or

(b) a partner in whom the Tenancy was vested under this clause; or

(c) a person that would have been entitled to succeed had the previous Tenant died and to whom the Tenancy was assigned under clause 3(15).

The Tenant's obligations

3. The Tenant agrees:-

(1) To take possession of the Premises at the commencement of the Tenancy and not to sub-let or part with possession of the Premises or any part of it.

(2) To pay the Rent and service charge monthly  in advance.

(3) To meet all outgoings applying to the Premises for which the Tenant is responsible, including utilities, council tax and any other costs whether prepaid or billed.

(4) To use the Premises for residential purposes as the Tenant’s only or principal home and not to operate any business at the Premises that might cause a nuisance or annoyance to other persons in the neighbourhood.

(5) Neither to cause, nor to allow members of his or her household or visitors to cause, a nuisance or annoyance to other persons in the neighbourhood or to any tenant, agent, employee or contractor of the Association.

(6) Neither to commit, nor to allow members of his or her household or invited visitors to commit, any harassment, or threat of harassment, on the grounds of race, colour, religion, sex, sexual orientation or disability that may interfere with the peace and comfort of, or cause offence to, other persons in the   neighbourhood or to any tenant, employee, agent or contractor of the Association.

(7) Neither to play, nor to allow to be played, any radio, television, record or tape recording or musical instrument so loudly that it causes a nuisance or annoyance to other persons in the neighbourhood. The Tenant is reminded that noise is likely to be a particularly sensitive issue between the hours of 11.00pm and 7.30am.

(8) To keep under control any animals kept at the Premises and not to keep any animal that might damage the premises or cause a nuisance or annoyance to other persons in the neighbourhood.

(9) To keep the interior of the Premises in good and clean condition and to decorate all internal parts of the Premises as often as is necessary to keep them in good decorative order.

(10) To maintain the gardens in a tidy manner, to keep grass cut, and shrubs and trees trimmed so as not to adversely affect either the Premises or the neighbours.

(11) To make good any damage to the Premises or the Association’s fixtures and fittings or to the common parts caused by the Tenant or any member of the Tenant’s household or any visitor to the Premises, fair wear and tear excepted, and to pay any costs reasonably incurred by the Association in carrying out such works in default.

(12) To report to the Association promptly any disrepair or defect for which the Association is responsible in the Premises or the common parts.

(13) To allow the Association’s employees or contractors acting on behalf of the Association access at reasonable times and subject to reasonable notice to inspect the condition of the Premises or to carry out repairs or other works to the Premises or adjoining property. (The Association will normally give at least 24 hours’ notice but more immediate access may be required in an emergency).

(14) Not to block local roadways and other vehicular access, and to keep them, and car parking spaces, clear of unroadworthy vehicles and other obstructions.

(15) Not to assign the Tenancy except in furtherance of a court order or with the written consent of the   Association when assigning the Tenancy to someone that would have been qualified under clause 2(8) or 2(9)  above to succeed to the Tenancy had the Tenant died.

(16) Not to allow more than 5 persons to reside at the Premises, (3-Bedroom properties).

(17) Before taking in any lodger to inform the Association of the name, age and sex of the intended lodger and of the accommodation he or she will occupy.

(18) Not to grant a sub-tenancy of the Premises or any part of the Premises.

(19) To inform the Association, in writing and if possible in advance, if the Tenant is or expects to be absent from the Premises for a period of 28 days or more.

(20) To give the Association at least one calendar month’s notice in writing when the Tenant wishes to end the Tenancy.

(21) To give the Association vacant possession and return all the keys of the Premises at the end of the Tenancy and to leave the Premises and the Association’s fixtures and fittings in good lettable condition and repair. This includes the removal all furniture, personal possessions and rubbish from both the house and garden. The Tenant is warned that if personal belongings are left behind the Landlord may pursue legal remedies for civil trespass as well as breach of Tenancy.

THE TENANT’S RIGHTS

4. The Tenant has the following rights:-

(1) The Tenant has the right to occupy the Premises without interruption or interference from the Association for the duration of this Tenancy (except for the obligation contained in this Agreement to give access to the   Association’s employees or contractors). 

(2) The Tenant shall remain an assured shorthold tenant for the duration of the Tenancy so long as he or she occupies the Premises as his or her only or principal home. So long as the Tenancy remains an assured shorthold tenancy the Association may end it only by obtaining a court order for possession of the Premises:

(i) on one of the grounds listed in Schedule 2 to the Housing Act 1988; or

(ii) because the Association has served two months’ notice requiring possession of the Premises, such notice not to expire within six months of the commencement of this Tenancy.

(3) If the Tenancy ceases to be an assured shorthold tenancy the Association may end the Tenancy by giving one calendar month’s notice in writing to the Tenant.

(4) Subject   to clauses 3(15), 3(16) and 3(17) above, the Tenant may take in any persons as lodgers provided that the Tenant may not grant a sub-tenancy. The tenant takes responsibility under this tenancy agreement for the actions of any such lodgers.

(5) The   Association shall consult the Tenant before making changes in matters of housing management or maintenance that are likely to have a substantial effect on the Tenant.

(6) The Tenant has a right to information from the Association about the terms of this Tenancy and about the Association’s repairing obligations, its policies and procedures on tenant consultation and on transfers.

(7) The Association will use personal information supplied by the Tenant only for the purpose for which it was supplied; for purposes reasonably pursuant to the operation of the Association as a social landlord; or for purposes specifically sanctioned by data protection legislation (for example, for the prevention or detection of crime).

(8) The Tenant has NO right to exchange this Tenancy with that of another tenant of any; Local Council, Landlord, or Housing Association.

(9) The Association shall establish a procedure for dealing with complaints raised by the Tenant on any matter arising from this Tenancy. The Association shall provide details of the scheme at the beginning of the Tenancy and inform the Tenant of any changes.

If still dissatisfied after the complaints procedure has been exhausted, the Tenant has the right to refer the matter to the Independent Housing Ombudsman.

(10) The Tenant may make improvements, alterations and additions to the Premises including the erection of a television aerial, external decoration and additions to or alterations in the Association’s installations, fixtures and fittings, provided that the Tenant has first obtained the written consent of the Association and all other necessary approvals (for example, planning permission or building regulations approval). The Association shall not unreasonably withhold its consent but may make it conditional upon the work’s being carried out to a certain standard. Failure to seek the Association’s consent or to comply with the Association’s conditions shall be a breach of the Tenant’s obligations under this Tenancy.

(11) The Association shall establish a scheme under which the Tenant may be compensated for the costs of specified improvements. The Association shall provide details of the scheme at the beginning of the Tenancy and inform the Tenant of any changes.