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You are a secure tenant. We (the Council) will not interfere with your right to occupy your home peacefully.
We must keep the overall structure and exterior of your home in good repair. This includes:
- drains, gutters and rainwater pipes
- the roof
- foundations, outside walls, outside doors and door furniture, window sills, window catches and window frames including necessary outside painting and decoration and glazing
- inside walls, skirting boards, doors and door frames, hinges, door jambs and door furniture, thresholds, floors and ceilings (but not their decoration)
- chimneys and chimney stacks
- pathways, steps and other means of access
- plasterwork
- garages and outside stores
We must keep in good repair and working order the fittings for heating, water heating and sanitation and for supplying water, electricity and gas (if you have it). This includes:
- basins, sinks, baths, showers, toilets, flushing systems, waste pipes and tap washers (but not plugs and chains)
- electric wiring, gas pipes and water pipes
- water heaters, fireplaces and fitted fires
- electric sockets and light fittings (but not bulbs or fluorescent tubes)
We will not be responsible for repairs including structural ones if you, other residents or visitors have caused the problem. If we do have to make such a repair; we are entitled to charge you. We will not be responsible for repairs to any fixtures, which you installed and are entitled to remove. We will also require payment in advance for any works.
We must keep in reasonable repair and working order any entrances, halls, roofs, stairways, lifts in sheltered schemes, passages, communal lighting and other common parts or facilities.
We will decorate the outside of the premises about every 5 years, unless you wish to do it yourself. Please tell us if this is the case.
We will decorate any common parts or areas when necessary.
We have the right to increase your rent and other charges. We will tell you in writing at least two weeks before doing so.
We will always consult you before making any changes to this Agreement.
We are required to attend to various repairs described as "qualifying repairs" within a set down period. If we do not attend within this period you can request us to appoint a different Contractor. If the second Contractor does not carry out the work within the "prescribed period", you may be entitled to some compensation.
YOUR DUTIES TO THE COUNCIL
You must pay the rent and other charges for the premises on time. Details of the rent due are in your rent book.
You must not use the premises for anything other than for residential purposes, unless you have our written permission.
You must occupy the premises as your only or main home.
If you decide to end your tenancy you must let us know in writing, at least 4 weeks beforehand, by downloading and printing the downloadable termination of tenancy form (PDF, 22Kb). The tenancy should end on a Monday at 12 noon. Please return your keys on time to the Council Offices. At the end of the tenancy, you must clear your home, any outbuilding and the garden of all rubbish and unwanted items. If you do not, we will do this work and charge you for it.
You must leave the premises and our fixtures and fittings in the condition they were in at the start of the tenancy (except for deterioration because we have failed to carry out our responsibilities). If we find that repairs to the property are necessary and they are your responsibility, we will charge you for these as well.
You are responsible for:
- renewing electric fuses, light bulbs and fluorescent tubes
- replacing broken or lost keys and the changing of any lock in consequence
- replacing all clothes lines and posts, including rotary drying equipment
- sweeping chimneys and flues regularly and properly
- replacing or repairing any part of the premises that is damaged through the neglect or carelessness of you, a member of your household or visitor.
- replacing lost, or damaged beyond repair, wheelie bins
- replacing or repairing plugs and chains to sinks, baths and basins
- keeping the property free from vermin, including ants’ and wasps’ nests, fleas, bugs, mice and rats
- repairs including structural ones if you, other residents or visitors have cased the problem
- repairs to any fixtures which you installed and are entitled to remove
You must tell us as soon as possible about any repair problem you have that is our responsibility.
You must keep the inside of the premises in a reasonable state of decoration.
You must make sure that you, members of your household, other people living in the premises and visitors, do not cause a nuisance or annoyance to neighbours. You must not harass people because of their religious beliefs, their race or sexuality or anything else. You must be a good neighbour.
You must not use or allow the premises to be used for immoral or illegal purposes.
You must not keep any animal, bird, reptile or fish that causes a nuisance or annoyance to other people or any damage to property.
You must keep the premises and the garden clean and tidy. If you live in a flat or maisonette, the residents are jointly responsible for cleaning common entrance halls, stairways, landings and corridor windows.
You are entitled to park taxed vehicles which are only used for domestic purposes on garage forecourts or hardened areas. No other vehicle, caravan, boat or trailer should be left on garage forecourts or hardened areas, unless you get our written permission.
In any event, you must not park any vehicle so as to obstruct access to any garage which has not been let to you.
In addition to this, you (and any other person staying on the premises) must not leave any vehicle (whether or not it is taxed), caravan, boat or trailer on grass areas or other land under our control, unless you get our written consent. Nor must you drive over grass areas or other land not intended for such use.
Vehicles must not be parked in the garden of the premises without our permission. You will need proper access for a vehicle and a hardstanding.
If you park a vehicle, caravan, boat or trailer without our permission, we will send you a formal notice asking you to remove it.
If you do not remove it within 7 days, we will arrange to move it and we will charge you the cost.
Parking vehicles inconsiderately can cause problems for others. The Council will take vigorous action if this tenancy condition is broken.
If you have a garage included within your tenancy it must be used for the purpose of storing a vehicle only accepting full liability and responsibility for any damage caused to any vehicle. You must not run any business from the garage.
You must allow our Officers or agents to enter the premises to inspect the condition of them or to carry out repairs or residual works. We will give you reasonable notice to visit. But if the Corporate Director decides that because of the condition of the premises there is a possible risk to public health or that there is an emergency which may result in personal injury or damage to the premises or neighbouring property, we do not have to give notice. You must then allow our officers or agents to enter by any means that are necessary.
THINGS THAT NEED OUR WRITTEN PERMISSION
You need our written permission to:
- alter the structure of the premises or add anything, including sheds and greenhouses
- alter or add any fixtures or any services to the premises
- construct vehicular crossings
- cut down or remove any trees or hedges planted on the premises
- fix an outside radio aerial, satellite dish, television aerial or similar apparatus on the premises.
If we give permission, we may set reasonable conditions. If you break them, you will be breaking the terms of this Agreement. If we refuse permission, we will explain why in writing. An application form seeking permission for tenants’ alterations is available from the office.
You may at the time your tenancy comes to an end be entitled to some compensation for improvements you carry out during your tenancy after 1st April 1994. The Right to Compensation applies to the following improvements:
- bath or shower, wash hand basin and toilet
- kitchen sink and work surfaces for preparing food
- storage cupboards in bathroom or kitchen
- central heating, hot water boilers and other types of heating
- thermostatic radiator valves
- pipe, water tank or cylinder insulation
- loft and cavity wall insulation
- draught-proofing of external doors or windows
- double-glazing or other window replacement or secondary glazing
- rewiring, or the provision of power and lighting or other electrical fittings (including smoke detectors)
- security measures (excluding burglar alarms)
Please contact the Housing Office for further advice.
Assignments
a). You must not ‘assign’ the tenancy (transfer it to another person) except in the following circumstances:
- by way of exchange for which you must get our written permission
- to your husband or wife under a Court Order in matrimonial proceedings or
- to a person who would be entitled to succeed you in the event of your death.
b). You must not sublet or part with possession of the whole of the premises but you may sublet or give up possession of PART of the premises if you have written permission. We will not withhold our permission unreasonably.
You may allow any person to live in the premises as a lodger without asking for our permission, as long as this does not lead to overcrowding.
WHAT HAPPENS IF A CONDITION OF THE TENANCY AGREEMENT IS BROKEN?
We want all of our tenants to remain with us for as long as they wish. This is why Babergh’s Tenancy Agreement and the law gives tenants so much security. Sadly, in some circumstances, we have to apply to the Court to take back a tenant’s home. Normally this is because the tenant has broken a condition of the Tenancy Agreement - for example, falling behind with the rent and then not keeping to a proper agreement to pay off the debt, or causing a nuisance.
If you fail to carry out any repair or maintenance that is your responsibility, we will write to you asking you do so within a set time. If you do not do the work within that time, we will carry out the necessary work and charge you for it, including cost of administration.
If the rent and any other charges for the premises are not paid regularly and on time, we may take legal action to get them paid.
If you fail to carry out any of your responsibilities under the Agreement, we can take legal action as well as other remedies referred to in this Agreement. This legal action may include evicting you.
HOW THE COUNCIL CAN END A TENANCY
We can only end the tenancy by obtaining a County Court Order for possession. First, we must give you a notice with full details of why we are seeking an Order for Possession. The notice must set a date at least 4 weeks ahead. We will not start Court action before that date or more than 12 months after it.
In the following circumstances we will apply to the Court for a Possession Order:
- Owing Rent – If you do not pay the full amount after we have written to you saying how much rent or other charges for the premises you owe.
- Breaking a term of the tenancy – If you have broken a term of this Tenancy Agreement, we have given you written notice of the breach and you have failed to put it right.
- Giving false information – If you gave false information in your application for a Council home.
- Leaving the property – If you do not live in the premises as your main home. In this case, we will end the tenancy by giving you 4 weeks’ notice, though we will need a Court Order to evict anyone who still lives in the property.
- When temporary accommodation is provided – If you are given alternative accommodation while your home is being improved or repaired, and you refuse to move back into the property once the work is finished.
In the following circumstances, you may only be evicted if we give you other accommodation.
Overcrowding – If your premises are overcrowded so that there is an offence under the Housing Act 1985.
Redevelopment or improvement – If we intend to carry out work to the premises (or to the building that it is part of) within a reasonable time of obtaining possession, and cannot reasonably do so without rehousing you.
The property is too large – If the tenant dies and the premises are too large for the needs of the person who take it over. In this situation, we must serve a Notice of Court Proceedings between 6 and 12 months from the original tenant’s death and the Court must also consider that it is reasonable.
If we think that you may have ABANDONED the premises, we will carry out reasonable enquiries to try to find out where you are. This might include contacting your neighbours, the Department of Social Security and so on. If it appears that you will not be returning we can take the premises back.
WHAT IF THE COUNCIL FAILS TO KEEP TO THE AGREEMENT
The Government has made regulations that give you the right to carry out certain repairs yourself and then charge us. But this must be done in a very special way. You can get detailed information from the Housing Department.
If you tell us about a fault in the premises that could cause ill health and is a statutory nuisance, and we don’t put it right, you may apply to the Magistrates’ Court for an Order to make us do the work (under Section 80 of the Environmental Protection Act 1990).
If we agree to supply heating or hot water, and the supply fails, we must either make a suitable adjustment in the charges you pay or give you another heating appliance depending on the circumstances.
If we fail to carry out any of our responsibilities under this Agreement, you can take legal action as well as using the remedies that are open to you under this section.
The above procedures do not apply if we have failed to do repairs because you have not allowed us access to the relevant area.
We are required under Section 48 of the Landlord and Tenant Act 1987 to give you an address at which you may serve on us Notices (including Notices in any proceedings). Our address is Corks Lane, Hadleigh, Ipswich, Suffolk, IP7 6SJ. Notices should be addressed to the Head of Housing.
If you would like advice and assistance on matters such as transfers, mutual exchanges, tenancy changes or general matters relating to your tenancy, please type in your question on the online enquiry form and we will get back to you as soon as we can.
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