tenancy agreement (section 7 back cover) 2010 - bristol

This is an important legal contractbetween you, as a tenant of Bristol

City Council, and Bristol City Council,as your landlord, and contains the

conditions of your tenancy.

Your Tenancy Agreement

Tenancy Audit Agreement - Inc Section 7_Layout 1 15/04/2010 10:56 Page 2

2Designed and printed by Bristol City Council, Corporate Design. FEB 10. DES2770


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The English language version of these Tenancy Agreement and Conditions (the originalversion) shall have precedence over any translation which is provided for you or obtainedby you. Any translated version of these Tenancy Agreement and Conditions is provided foryour convenience only. In the event of any dispute or disagreement in relation to theoriginal version and any version provided for you or obtained by you in any otherlanguage, and in the event of any action in relation to a breach of the terms of theTenancy Agreement and Conditions, the terms of the original version shall prevail.

If you would like this information in a different format such asBraille, large print, audio tape, or translated please contact us at any Customer Service Point or call 0117 922 2200.

K O S O V A N

B E N G A L I

C H I N E S E

G U J A R AT I

K U R D I S H

P O R T U G E S E

P O L I S H

P U N J A B I

V I E T N A M E S E

S O M A L I

U R D U

H I N D I

Translations and other formats


Glossary of terms

The list below explains the meaning of someof the words and phrases used within thisTenancy Agreement and Conditions:

accommodation:living space that forms part of the property.

agent:someone who may not be an employee of, butwho is acting on behalf of and with theapproval of Bristol City Council.

alterations and improvements:major changes to the property (i.e. more thandecorative) For instance: the building,installation, removal or demolition of walls orstructures, the installaton of showers or otherfixed appliances.

annual charge notification letter: the letter we send each year, usually inFebruary or March. This tells you what your rentor other charges will be for the coming year.

assignment:this is when you choose to pass your tenancy tosomeone who would be able to succeed (seesuccession below).

bulky items: large items not generated from normal day today household or domestic waste, eg. furniture,cookers, fridges, washing machines, metal,mechanical parts etc.

contractor: a person or company whose services arepurchased by and to carry out work on behalfof Bristol City Council.

cost of any furniture and goods:the amount shown on the furniture and goodsinventory that is attached to this document.

court costs:this is a sub account (see below) charge that isfor the costs of any court action that we takeagainst you in relation to this or any formertenancy you have had with us.

Demoted Tenancy: this is a type of tenancy that you can be givento replace a secure tenancy if you or any othermember of your household or visitors havebeen involved in anti-social behaviour. A demoted tenancy can only be granted by thecourt and would normally last for one year. If during that period there are any furtherbreaches of your tenancy conditions we canseek to evict you.

designated car parks: a piece of land that is used primarily forparking. A permit is sometimes required topark. The land will either be within a definedboundary or be an established parking area.This does not include parking bases/drivewayswithin the boundary of the property.

exchange: you may be entitled to swap your tenancy withanother Bristol City Council tenant or a tenantfrom another council or housing association.

Family Intervention Tenancy: this is a type of tenancy that you can be givento replace a secure tenancy if you or any othermember of your household or visitors havebeen involved in anti-social behaviour. Thiswould also require you to engage with thesupport offered through the Family InterventionProject.

former tenancy: any previous tenancy that you have had with us.

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furniture and goods: the items listed on the furniture and goodsinventory that is attached to this document.This only applies to Introductory and SecureTenancies where this has been specified.

hate crime: any incident, which constitutes a criminaloffence, which is perceived by the victim or anyother person as being motivated by prejudiceor hate. This includes but is not restricted toharming, intimidating, threatening or acting inany manner that causes or is likely to causenuisance, annoyance, alarm, harassment ordistress to any person living in, visiting orotherwise engaging in lawful activity in or in thelocality of the property, on the grounds of theircolour, race, ethnic origin, nationality, nationalorigin, religion, age, gender, gender identity,sexual orientation, disability, health or any other reason.

household:you and anyone living permanently ortemporarily in the property.

Introductory Tenancy: a probationary tenancy that is used for the firstyear (in certain circumstances we can extendthis period) that you are a tenant with us.

joint tenants:this is when the tenancy has been given tomore than one person.

landlord: Bristol City Council.

lodger: this is a person that you give a licence to shareall or part of the property, they may pay you for this. They are not sub-tenants.

new tenancy visit:we visit new tenants within six weeks of thestart of their tenancy.

permitted number: this is the maximum number of people that areallowed to live in the property. When countingthe number of people living in theaccommodation anyone under ten years of agecounts as half (0.5) and any child under oneyear of age does not count at all.

planned programmes:a programme of bulk repair or preventativemaintenance work (e.g. external painting ofproperties, roof replacements).

property:the accommodation (see above) plus anygarden, yard, balcony, outbuilding, fence, wallor driveway let with it, for which you are thetenant or tenants. This does not include anycommunal area or facility.

Qualifying Repairs: a list of specific repairs that we must completeunder the right to repair (see below) in atimescale that has been set by the government.The list of repairs included is available on our website at www.bristol.gov.uk/repairsor in a leaflet available from any CustomerService Centre.

rechargeable repairs:this is a sub account (see below) charge for thecost of any repairs that we have carried out thatwere your responsibility.

recoverable heating: this is a sub account (see below) charge thatonly applies to properties with a communalheating system for the cost of any heating orhot water used over and above the amountcovered by the weekly service charge.

recoverable housing benefit:this is a sub account (see below) charge wherewe are claiming back any housing benefit thathas been overpaid to you.

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representative:someone who may not be an employee of, butwho is acting on behalf of and with theapproval of, Bristol City Council.

Right to repair:this is a government standard for the repairsthat we must do for you (see qualifying repairsabove).

sub account(s): any account that is not the main rent orproperty account. The accounts where courtcosts, recoverable housing benefit,rechargeable repairs, water charges orsupporting people charges are charged to you.

sublet:some tenants can rent out part of the propertyto another person. This is different to having alodger (see above).

Secure Tenancy:the type of tenancy you get after being anIntroductory Tenant A Secure Tenant has morerights than an Introductory Tenant.

succession: In some cases your tenancy can pass to yourhusband, wife, partner civil partner or otherfamily member when you die.

successor:this is the person who becomes the tenant ifthe tenancy is passed to them by succession(see above).

tenancy:the right you have under the TenancyAgreement to occupy the property.

Tenancy Agreement: the contract between you and us, the sectionsof this document entitled Conditions ofTenancy and the Tenancy Agreement.

Tenancy Agreement and Conditions:this whole document.

tenancy audit:we visit tenants periodically to keep our records up to date.

tenant or tenants:you, the person or people to whom we havegranted the tenancy.

Unsecure Tenancy: A tenancy that can be granted under theHousing Act (1996), where there is no securityof tenure and the tenancy can be terminatedby a Notice to Quit by either the landlord ortenant.

vacant possession: when your tenancy ends there must be nobodyliving in the property and it must be returnedto us empty.

water charges: this is a sub account (see above) charge thataffects only a small number of properties thathave a communal water meter.

we or us: Bristol City Council as the landlord.

you: the tenant or in the case of a joint tenancy, thetenants and each one of them.

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1. Introduction to your tenancyagreement and conditions

This is your Tenancy Agreement. This isan important legal contract betweenyou, as a tenant of Bristol City Counciland Bristol City Council as your landlord. It contains the conditions ofyour tenancy.

If there is anything within this document that you do not understandyou must ask for advice from eitherBristol City Council, a solicitor, a LawCentre, the Citizens Advice Bureau, aHousing Advice Centre or Shelter.

This Tenancy Agreement and Conditions defines your obligations and responsibilities as a tenant of Bristol City Council for the followingtypes of tenancy:

i. Introductory Tenancy (including where furniture and goods have been provided).

ii. Secure Tenancy (including wherefurniture and goods have beenprovided).

iii. Demoted Tenancy (including wherefurniture and goods have beenprovided).

iv. Family Intervention Tenancy(including where furniture and goods have been provided).

v. Unsecure Tenancy

All conditions contained within thisagreement apply to all tenancy typesunless otherwise stated.

2. Conditions of tenancy

The following are the conditions of yourtenancy. You must comply with all ofthese conditions otherwise you will havebroken your Tenancy Agreement.

You will be responsible for any breach ofthese tenancy conditions by members ofyour household, including lodgers andsub-tenants, and your visitors.

Rent and other charges

You must pay your rent, heating (wherethis is provided) and all other property,service and support charges when theybecome due throughout the wholeperiod of your tenancy, including anyperiod that you are away from theproperty (see 2.8 below). All rent,heating, property and service chargesare charged and due weekly. If youwould like to pay by any frequencyother than weekly you must pay inadvance. Your rent, heating (where thisis provided) and other property, serviceand support charges are shown on theannual charge notification letter that wesend you. The council may calculate therent due, throughout a twelve-monthperiod over a lesser number of weeksthan the total number of weeks in theyear, for example, 48 weeks.

You must pay the full cost of any workthat we carry out for repairs that areyour responsibility or that are caused byyour failure to comply with this TenancyAgreement.

You must pay or make and keep to anarrangement to re-pay all sub accountcharges or debts. These are the costs ofrechargeable repairs, recoverableheating (this would only apply if you livein a property with a communal heatingsystem), water charges (this would onlyapply if you live in a property with a

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communal water meter), court costs,recoverable housing benefit andsupporting people charges.

You must pay or make and keep to anarrangement to re-pay all debts relatingto any former tenancy that you have hadwith us.

Property and repairs

You must not allow the number ofpeople living in the property to exceedthe permitted number (see 7.3).

You must occupy the property as youronly or main home and you must onlyuse the property as a place of residence.If you are going to be away from theproperty for more than one month youmust notify us and provide us withcontact details for either you orsomeone that can act on your behalf.You must not sublet the whole of theproperty but you can ask us forpermission to sublet part of theproperty. (see 4.2)

You must keep the property safe, ingood condition, clean and free fromrubbish and not allow its' condition todeteriorate.

You must ensure that any item that isdamaged through misuse, neglect,carelessness, vandalism or accidentaldamage is replaced or repaired safely.

You must report to us any repair workthat is required. This includes leaks,blocked drains, electrical faults, anydefect that could affect the safetywithin, security of or structure of theproperty and all other repairs that areour responsibility.

You must ensure that any furniture andgoods where these have been providedby us as specified in the furniture andgoods inventory are not damaged ordestroyed through misuse, neglect,carelessness or vandalism, orpermanently removed from theproperty. You must report to us any faultwith or damage to any of the furnitureor goods provided. You must pay thecost of any repair or replacement shouldany such damage or loss occur.

You must allow us or ourrepresentatives, agents or contractorsaccess to the property at all reasonablehours to carry out necessary repairs,improvements, planned programmes,gas servicing and any safety checks, toinspect its condition and to completenew tenancy visits and tenancy audits(see 5.5). If we believe there to be a riskof personal injury or a risk of damage tothe property or an adjoining property orin order to comply with our statutoryduties, you must allow us or ourrepresentatives, agents or contractorsimmediate access to the property at anytime. In these circumstances or if weconsider there to be an emergency wewill force entry into the property ifnecessary.

You must not make any alteration orimprovement to the property (excludinginternal decorations), or install, erect orallow to be installed or erected anystructure on or within the boundary ofthe property without obtaining writtenpermission from us first. You must alsoobtain and comply with any requiredBuilding Regulations and PlanningPermission.

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You must not use paraffin, or bottled gas heaters or appliances within theaccommodation. You must not storepetrol, diesel, oil, paraffin bottled gas or any other dangerous liquid ormaterial, or any appliance or machineryfuelled by any such liquid, within theaccommodation.

You must not cut down or remove anytrees within your garden or hedges thatform part of the boundary of theproperty without obtaining writtenpermission from us first. If you think thata tree may be dangerous you mustreport this to us.

You must not block, obstruct, create or leave any hazard on any landing,corridor, stairwell, lift, refuse chute,access-way, fire escape or any othercommunal area, or wedge open any firedoor or security door if you live in abuilding with communal facilities.

You must not damage, vandalise ormisuse any communal facility, thisincludes but is not restricted tolaundries, lifts, community rooms andcommunal gardens.

You must maintain your garden including any hedges and trees and notpark any vehicle, caravan or trailer inyour garden without having a properlyconstructed driveway with dropped kerb(see 2.14 above).

You must dispose of all of yourhousehold waste, rubbish and recyclingsafely and responsibly. If you live inaccommodation where a communalwaste disposal chute is provided you must place your rubbish in smallbags and place these into the chute or directly into bins where they are provided.

You must comply with our DesignatedCar Park Policy when using any of ourdesignated car park facilities.

Nuisance and anti-social behaviour

You must not use, or allow any part ofthe property to be used for thepurposes of business or trade withoutfirst obtaining any necessary or requiredplanning permission or statutoryconsent. The business or trade must notcause or be likely to cause damage tothe property or an adjoining property, ornuisance or inconvenience to aneighbour or any other person living in,visiting or going about their lawfulactivity in the locality.

You must not harm, intimidate, threatenor act in any manner that causes or islikely to cause nuisance, annoyance,alarm, harassment or distress to anyperson living in, visiting or otherwiseengaging in lawful activity in or in thelocality of, the property. You will be heldresponsible if anyone else is involved insuch behaviour on your behalf or foryour benefit.

You must not vandalise or cause damageto any property or any other persons'possessions. You will be held responsibleif anyone else is involved in suchbehaviour on your behalf or for yourbenefit.

You must not be involved in any form ofhate crime This includes but is notrestricted to harming, intimidating,threatening or acting in any manner thatcauses or is likely to cause nuisance,annoyance, alarm, harassment ordistress to any person living in, visitingor otherwise engaging in lawful activityin or in the locality of the property, onthe grounds of their colour, race, ethnic

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origin, nationality, national origin,religion, age, gender, gender identity,sexual orientation, disability, health orany other reason. You will be heldresponsible if anyone else is involved insuch behaviour on your behalf or foryour benefit.

You must not use threatening behaviour,domestic violence or abuse (includingbut not restricted to physical,psychological, sexual, financial oremotional) towards anyone living in theproperty or anyone with whom youcurrently have or have previously had apersonal relationship. This includes butis not restricted to spouses, partners,girlfriends, boyfriends and any memberof your family. You will be heldresponsible if anyone else is involved insuch behaviour on your behalf or foryour benefit.

You must not use or allow the propertyto be used for any illegal purpose.

You must not supply from the propertyor within the locality of the property, orallow to be supplied from the propertyor within the locality of the property onyour behalf or for your benefit, anycontrolled drug or other substancecontrary to the Misuse of Drugs Act1971 or any other current relevantlegislation.

You must not threaten, be violent,aggressive or abusive towards anyemployee of Bristol City Council or ourrepresentatives, agents or contractors.You will be held responsible if anyoneelse is involved in such behaviour onyour behalf or for your benefit.

You must not keep or breed any animalthat is unsuitable for the property. Thisincludes any animal covered by TheDangerous Dogs Act 1991, TheDangerous Wild Animals Act 1976, orany other current relevant legislation.

You must not allow any animal owned byyou, any member of your household oraccompanying any visitor to yourproperty, to cause a nuisance, to behaveor be used in a dangerous orintimidating manner, to foul anycommunal area, footpath or play areawithin the locality without cleaning it upimmediately. All dogs must be kept on alead in communal areas and any dogencountered, which is not on a lead willbe considered a stray and can beconfiscated by the council.

Ending your tenancy

You must give us at least four full weeksnotice in writing if you want to end yourtenancy. Your tenancy will end at 12:00midday on the last Monday of the fullfour week period. All rent, heating(where this is provided) and otherproperty, service and support chargeswill be charged, due and must be paidup to the end of the four week noticeperiod. You must return all the propertykeys to us on or before 12:00 midday onthe day that your tenancy is due to end.If you do not return your keys by thistime we reserve the right to charge youfor any period until the property keyshave been returned to us.

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You must give us vacant possession ofthe property and leave the property ingood condition, safe, clean and emptyof all personal possessions, furniture andappliances that belong to you; removeany vehicle, caravan or trailer from thegarden; and remove and properlydispose of any household or domesticrubbish or waste, scrap metal, car orother mechanical parts or other bulkyitems. If you have a Secure orIntroductory Tenancy where furniture orgoods have been provided, you mustnot remove from the property any of thefurniture or goods listed on the furnitureand goods inventory, if your tenancyends before the period specified in 7.6has expired.

3. Action we can take

If you do not comply with or if you break any of the terms and conditions of this Tenancy Agreement there arevarious types of action that we can take, including re-possession of yourhome. The action we take will dependon the nature of your breach of tenancy and may also involve action with other agencies (e.g. the police).Details of the various types of action we can take can be found in the YourTenancy Agreement Explained leaflet.

Please remember that as the tenant you will be held responsible for anybreach of the terms and conditions ofthis Tenancy Agreement caused by any member of your household including lodgers, sub-tenants and any visitor to your home.

If you are a joint tenant all parties to the tenancy are equally responsible. You cannot share or split yourresponsibilities. This means that if one joint tenant breaches any of theterms and conditions of this TenancyAgreement all joint tenants are equally responsible.

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4. Your rights as a tenant

The following are your legal rights as atenant. Some of these rights do not apply toIntroductory Tenancies, this is stated againsteach right where appropriate. Most of theserights do not apply if you have an UnsecureTenancy, or if your tenancy becomesDemoted or Family Intervention Tenancy.

Right to live in the property

The Tenancy Agreement gives you theright to live in the property. We will notinterfere with your right to live in theproperty so long as you comply with theconditions of this Tenancy Agreement,or unless the property is required for re-development or demolition, or we havea court order to recover possession. If the property is required for re-development or demolition you maybe entitled to compensation unless youchoose to move before the work isprogrammed.

Right to take in lodgers or to sublet part of the property

You have the right to take in lodgers,you do not need our permission to dothis, but you must not breach anyspecific age restrictions that apply toyour home. You also have the right tosublet part (but not all) of the propertybut you must obtain written permissionfrom us first (see 2.8). IntroductoryTenants (including IntroductoryTenancies where furniture and goodshave been provided) do not have theright to sublet part of the property, butwe may grant permission in somecircumstances. If you are in receipt ofHousing Benefit you must also notify theHousing Benefit Service if you take in alodger or sublet part of your property.

Right to pass on your tenancy

If you die your tenancy can pass to yourhusband, wife or civil partner if theywere living with you when you died; orto your partner (if you are not married,in a civil partnership or a family member)that was living with you for the 12months prior to your death. This iscalled succession but it can only happenonce, so if you are a successor tenanti.e. the tenancy was passed to you by aspouse, partner or family member thenthe tenancy cannot be passed on again.In some circumstances it will benecessary for the successor tenant tomove to a different property.

You can also gift your tenancy tosomeone whilst you are alive. This iscalled assignment but you can onlyassign your tenancy to someone whowould be eligible to succeed to yourtenancy if you had died.

Right to exchange

If you are a secure tenant you have aright to exchange your tenancy (swaphomes) with a tenant from any localauthority or housing association. You must apply for written permissionfrom us before exchanging your tenancybut we can refuse permission on specificgrounds. (This right does not apply toIntroductory Tenancies, includingIntroductory Tenancies where furnitureand goods have been provided).

If you have a Secure Tenancy wherefurniture or goods have been providedand you wish to do an exchange to aproperty with a different landlord, youmust not remove any of the furniture orgoods listed on the furniture and goodsinventory from the property before theperiod specified in clause 7.6 hasexpired.

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Right to be consulted

You have the right to be consulted andfully informed about any proposals tochange your Tenancy Agreement andConditions, and any other proposal tochange the way in which we manage ourhousing service if this is likely tosubstantially affect you or your tenancy.This does not include changes to rent orother charges. We do not have toconsult you before making changes torent or other charges but we must giveyou 28 days notice of those changes.

Right to buy

You have the right to buy your home.There are some exclusions to this rightincluding, but not restricted to,properties that are specifically for theuse of persons of pensionable age. (Thisright does not apply to IntroductoryTenancies, including IntroductoryTenancies where furniture and goodshave been provided)

Right to make improvements

You have the right to makeimprovements to your home, but youmust obtain written permission from usfirst. You must also comply with allbuilding regulations and obtain anynecessary planning permission. You willbe responsible for the ongoingmaintenanace of any suchimprovements. Internal decorations arenot classed as an improvement, so youdo not need our permission to decorateinside your home (see 2.14).

Right to compensation for ownimprovements

If we have given you permission to makeimprovements to your home, you canclaim compensation for someimprovements when your tenancy ends,but any compensation will depend onthe age and/or the current condition ofthe improvement.

Right to repair

Under the right to repair we must carryout certain qualifying repairs within settime scales. If we do not do this you cantell us to give the job to a differentcontractor and claim compensation.Before doing this you must first obtainour permission.

Right to end your tenancy

You have the right to end your tenancy at any time. To do this you mustgive us at least four weeks notice inwriting and give us vacant possession(see 2.32 and 2.33).

Right to Information

From time-to-time the council will sendout information about how it managesthe homes that it owns.

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The following are our duties and obligations to you. We will:

Repairs

Maintain the following to ensure thatthey comply with Health and Safetystandards:

i. the interior and exterior structure ofthe property;

ii. the roof, drains, gutters and external pipes;

iii. external doors and windows;

iv. steps and access ramps;

v. floor structure and ceilings;

vi. water heaters, boilers, radiators,associated pipe work and fires (wherethese have been provided by us);

vii. installations for the supply of water,gas, electricity and sanitation,including: washbasins, sinks, baths,toilets, toilet cisterns, waste pipesand showers (where they have beenprovided by us), but excluding:fixtures, fittings and appliances formaking use of the supply of water,gas or electricity (unless these areprovided by us under clause 7.5).

Periodically paint the exterior woodworkand metalwork of the property,excluding gates, fences andoutbuildings.

Maintain the following communalfacilities where they have beenprovided:

i. rubbish chutes and bins

ii. lighting

iii. laundries

iv. communal TV aerials

v. lifts

Safety checks

Carry out safety checks of gasinstallations and appliances, andelectrical wiring and appliances wherethey are/have been provided by us,within statutory required timescaleswhere these are applicable.

Obtaining access

Give you at least 24 hours notice if werequire access to the property underclause 2.13, unless we consider there tobe a risk of personal injury, damage tothe property or an adjoining property, tocomply with our statutory requirementsor if in our opinion there is anemergency, in which case we mayrequire immediate access and reservethe right to force entry into the propertyif necessary.

Official notices

Serve any official notice in relation toyour tenancy, this includes Notice ofSeeking Possession, Notice ofPossession Proceedings, Notice to QuitNotice of Extension (for IntroductoryTenancies) and Notice of Variation,correctly by either:

i. sending it to the tenancy addressthrough the postal service;

ii. delivering it to the tenancy addressand putting it through the letter box;

iii. delivering it to the tenancy addressand handing it to the tenant;

iv. delivering it to the tenancy addressand attaching it to the property;

v. any other method that is permittedby law.

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5. Our duties and obligations to you

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This Tenancy Agreement creates theformal legal contract between the tenant or tenants and the landlord,Bristol City Council.

An Introductory Tenancy, including anIntroductory Tenancy where furnitureand goods have been provided, willautomatically i.e. without the need tosign or be issued with a new TenancyAgreement, become a Secure Tenancy12 months from the date the tenancystarted, unless:

i. we have commenced possessionproceedings against you, or

ii. we have served you with a Notice ofExtension of your IntroductoryTenancy, or

iii. your tenancy has come to an end forany other reason.

A Secure Tenancy where furniture andgoods have been provided willautomatically (i.e. without the need tosign or be issued with a new TenancyAgreement) continue to be a SecureTenancy at the end of the specifiedfurniture rental period.

For Secure or Introductory Tenancieswhere furniture and goods are beingprovided, the furniture and goods arelisted on the furniture and goodsinventory that is attached to thisagreement. The furniture and goods areprovided for an agreed period. Afterthis, Bristol City Council's responsibilitytowards the furniture and goods willend. If the furniture or goods are insatisfactory condition at the end of thisperiod, they will be left in the property ifyou wish to continue to use them.

By accepting a Family InterventionTenancy you are agreeing to abide bythe conditions set out in this tenancyagreement and in your BehaviourSupport Agreement. There is noautomatic right to a tenancy oncompletion of the Family InterventionTenancy.

An Unsecure Tenancy can be givenwhilst the council makes enquiries abouta person’s homelessness application. Itis a temporary type of tenancy and maylead to an offer of an IntroductoryTenancy. It has less rights than either aSecure or Introductory Tenancy.

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6. The Tenancy Agreement

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tenancy agreement (section 7 back cover) 2010 - bristol

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