Your Tenancy

About your tenancy

• What is a tenancy agreement?
• Who else does the tenancy agreement apply to?
• What rights do I have as a tenant?
• What are my responsibilities as a tenant?
• What are the Trust’s responsibilities as a landlord?
• What happens if I break any of my tenancy conditions?

What is a tenancy agreement?

A tenancy agreement is a legal document that is signed by you and an Estate Services Officer before you move into a Trust property.  It forms a contract between you and us, which gives us both rights and responsibilities.  Since 1st September 2005 the Trust has issued Starter Tenancy Agreements, this means that for the first twelve months of your tenancy you are an Assured Shorthold Tenant, for more information on Starter Tenancies please speak to your Estate Services Officer.

Who else does the tenancy agreement apply to?

The conditions of the tenancy apply to everyone who lives in the home. This includes children, relatives, friends or guests living or visiting your home. You will be responsible if they break any terms of the tenancy.

If you want to add someone to the Tenancy Agreement you will need to let us know.  We would usually agree, subject to certain conditions, such as the length of time you have both lived at the property and not being in breach of any of your tenancy conditions.  It is important to let us know if anyone moves in with you.

What rights do I have as a tenant?

If you were a Trust tenant before 2005 or have successfully completed twelve months of your Starter Tenancy and have had your tenancy upgraded you will be an Assured Tenant.  The rights detailed below apply to all Assured tenants, if you are a Starter Tenant you do not have the right to transfer, exchange, sub-let part of your home, make improvements or buy or acquire your home however the other rights do apply to you.

• You can stay and occupy your home without interference from the Trust.  This is provided you keep to the terms of the tenancy agreement and respect the rights of other tenants and neighbours and live there as your main and principal home.
• However, we may need to gain access to your home to carry out repairs and inspect the property.  We will always give you reasonable notice unless it is an emergency.
• You have the right to exchange your property with another tenant of the Trust or another Registered Social Landlord or Local Authority with the approval of the Trust.
• You have the right to take in lodgers, friends or relatives if there is enough room in your home and it will not become legally overcrowded.  If you decide to take in a lodger, you must tell us the name and age of your lodger.
• You have the right to carry out improvements to your home, with our written permission.
• You have the Right to Repair that ensures that certain small urgent repairs that might affect your health, safety or security, are done as quickly as possible.  When we fail to complete a repair that is our responsibility, within the target time, you may be entitled to be paid compensation by us.  See the Repairs and Maintenance booklet in your Tenants Information Pack for further details of the repairs that the Right to Repair applies to and the compensation procedure.
• You are entitled to be told about changes that may affect you or your home.  We will consult with you about any changes to arrangements for providing a housing management and maintenance service to your home, and give you the chance to tell us what you think of our proposals before we decide whether to go ahead with them.
• If you were a tenant of Elmbridge Borough Council in March 2000 and transferred to Elmbridge Housing Trust you qualify for the Right to Buy.  You should also still live in the same property that you lived in March 2000.  If you became a tenant of the Trust after March 2000 and meet certain conditions regarding the length of time you have lived at the property you may have the Right to Acquire.  Please contact the Leasehold team for more information.
• When a tenant dies, whoever is left in the property may be entitled to take on the tenancy, this is called succession.  Please contact the Estate Services Team for further information on succession.
• If you are not happy with the service you receive from the Trust you are entitled to complain.  Please see the Making a complaint or giving a compliment section.

What are my responsibilities as a tenant?

• You are responsible for paying the rent and other charges in line with your tenancy agreement.
• You are responsible for the behaviour of every person (including children) living in or visiting your home.  You are responsible in your home, on surrounding land, in communal areas (stairs, lifts, landings, entrance halls, paving, shared gardens, parking areas) and in the locality around your home.
• You (or anyone living with you, or visiting your home) must not cause a nuisance, annoyance or disturbance to any other person.
• You (or anyone living with you, or visiting your home) must not harass any other person.

Examples of harassment include:

Racist behaviour or language; using or threatening to use violence; using abusive or insulting words or behaviour; damaging or threatening to damage another person’s home or possessions; writing threatening or insulting graffiti; doing anything that interferes with the peace, comfort or convenience of other people.

• You (or anyone living with you, or visiting your home) must not use your home or any communal area for any illegal activity such as selling drugs.
• You (or anyone living with you, or visiting your home) must not damage, deface or put graffiti on any of our property.  You will have to pay for any repair or replacement.
• You (or anyone living with you, or visiting your home) must not dump or hoard any rubbish in or around communal areas or in your garden.
• You (or anyone living with you, or visiting your home) must not inflict domestic violence or threaten violence against any person (living with you or elsewhere).
• You (or anyone living with you, or visiting your home) must not harass or use mental, emotional, racial or sexual abuse in order to make anyone who lives with you leave the home.
• You (or anyone living with you, or visiting your home) must not use abusive language or threatening behaviour towards members of our staff or anyone acting on our behalf or other residents.
• You must keep your garden tidy by cutting lawn and trimming the hedges. 
• You must not use your home for running a trade or business.
• You (or anyone living with you or visiting your home) must not park any untaxed or unroadworthy vehicles on any land owned by us.

What are the Trust’s responsibilities as a landlord?

• Reviewing the rent, service charge and other charges.
• Carrying out repairs to the structure, exterior and any communal areas of your property plus any installations provided by the Trust.
• Informing you about our policies and procedures.
• Respecting your privacy and acting in accordance with Data Protection laws and our confidentiality policy.
• Providing any services which are included in the tenancy agreement, for example cleaning communal areas.

What happens if I break any of my tenancy conditions?

We will contact you either by telephone, letter or visit to discuss this with you.

If you are in rent arrears an Income Officer will assist you with advice and information on housing and other benefit entitlement and can refer you for further help to the Citizens Advice Bureau and the Trust’s Welfare Benefits Advisor.

If you are in dispute with your neighbours about noise or other nuisance, an Estate Service Officer will give you information on measures you can take to resolve the problem and, where appropriate, assist with mediation.  We can also offer assistance in referring you to supporting agencies who can assist with problems that may be causing a nuisance to your neighbours. 

However, if the situation does not improve and you continue to break any of the terms of your Tenancy Agreement, we can go to Court to obtain an injunction, Anti Social Behaviour Order (ASBO), Demotion Order or request that the judge grants us possession of your home.

We cannot evict you without first going to court to obtain a possession order, which would be our very last resort.