Your tenancy agreement
Your tenancy agreement is a legal contract between you and your landlord. It includes the rights and responsibilities of both parties. You could be at risk of losing your home if you break the conditions of your tenancy agreement.
We use three types of tenancy agreement:
- Assured Tenancy
- Assured Shorthold Tenancy
- Assured Shorthold Starter Tenancy
The type of tenancy that you have will be explained when you are made an offer of accommodation and when you sign your agreement.
We will give an assured tenancy to tenants who transfer if they have been a tenant for over 12 months.
We will give an assured shorthold tenancy to applicants offered a temporary tenancy or a property through our Empty Homes Scheme.
Security of tenure
As an assured tenant you have the right to live in your home for as long as you wish to, provided that you keep to the terms of the agreement. We can end your tenancy if we obtain a court order
against you or if it stops being an assured tenancy.
If you are not going to be living in your home for a length of time, we need to know. You may be going to hospital, for example, and we need to know how to get in touch with you and who will be looking after your home whilst you are away.
Right to succession
As an assured tenant another member of your family might have the right to take over your tenancy when you die, as long as there has been no previous succession. This includes:
- A joint tenant as long as the property was their main home when you died.
- Your wife, husband or partner as long as the property was their main home when you died.
- Other family members as long as the property was their main home for the previous 12 months.
Although the tenancy may pass to a family member other than a spouse or partner, if the property is unsuitable because of its size or type, the tenant succeeding to the tenancy will be offered alternative accommodation. Where alternative accommodation is refused then we may take legal proceedings to re-possess the property.
Right to assignment
You may be able to transfer your tenancy to another member of your household who would have qualified to succeed to the tenancy upon your death. This is called an assignment of tenancy. You must always make sure that you have our written permission before you assign your tenancy, as an assignment can only take place in certain circumstances and will also depend on the type of tenancy agreement you have.
If there has been a previous assignment succession, legally there are not further rights to take over the tenancy.
If you are the only tenant of the property, have an assured tenancy and want to add another person then we will consider granting you a joint tenancy for the following reasons:
- Marriage or civil par tnership
- Long term relationship.
With any joint tenancy, either tenant can end the tenancy without the other tenant’s agreement. If, though, one tenant wishes to remain in the home, we will decide if we can grant a new sole tenancy. The decision will be based on the circumstances including the family size and the suitability of the accommodation. Alternatively, the tenant leaving the property can apply to assign the tenancy to the remaining tenant.